The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.011

104.011 False swearing; submission of false voter registration information; prosecution prohibited.—

(1) A person who willfully swears or affirms falsely to any oath or affirmation, or willfully procures another person to swear or affirm falsely to an oath or affirmation, in connection with or arising out of voting or elections commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person who willfully submits any false voter registration information commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person may not be charged or convicted for a violation of this section for affirming that he or she has not been convicted of a felony or that, if convicted, he or she has had voting rights restored, if such violation is alleged to have occurred on or after January 8, 2019, but before July 1, 2019.

History.—s. 15, ch. 14715, 1931; CGL 1936 Supp. 8202(6); s. 8, ch. 26870, 1951; s. 19, ch. 71-136; s. 33, ch. 77-175; s. 38, ch. 94-224; s. 31, ch. 97-13; s. 26, ch. 2019-162.

F.S. 104.011 on Google Scholar

F.S. 104.011 on Casetext

Amendments to 104.011

Arrestable Offenses / Crimes under Fla. Stat. 104.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

S104.011 - FRAUD - RENUMBERED. SEE REC # 8756 - F: T

S104.011 - PERJURY - RENUMBERED. SEE REC # 8755 - F: T

S104.011 1 - PERJURY - FALSE SWEAR OATH AFFIRM OR PROCURE ANOTHER FOR - F: T

S104.011 2 - FRAUD - SUBMIT FALSE VOTER REGISTRATION OR INFORMATION - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

LEAGUE OF WOMEN VOTERS OF FLORIDA v. S. BROWNING,, 863 F. Supp. 2d 1155 (N.D. Fla. 2012)

. . . . § 104.011 (2011) (making it a crime to “willfully” submit false voter-registration information or “ . . .

RUSS, v. STATE, 832 So. 2d 901 (Fla. Dist. Ct. App. 2002)

. . . affirmation in connection with or arising out of voting or elections (Count III), in violation of section 104.011 . . .

HERNANDEZ, v. STATE, 749 So. 2d 1284 (Fla. Dist. Ct. App. 2000)

. . . and/or JOSE JOAQUIN DEGOTI, SR., had committed a felony, to wit: false swearing, in violation of s. 104.011 . . .

STATE v. H. BROWN, Jr., 298 So. 2d 487 (Fla. Dist. Ct. App. 1974)

. . . Section 104.011, relating to false swearing or procurement thereof, uses general language connecting . . .

STATE v. PARSONS, a k a C. Jr., 302 So. 2d 766 (Fla. Dist. Ct. App. 1974)

. . . CAIL LEE, Associate Judge: The Defendant, Appellee herein, was charged under Section 104.011, Florida . . .