Florida Statute 104.051 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.051

104.051 Violations; neglect of duty; corrupt practices.—

(1) Any official who willfully violates any of the provisions of this election code shall be excluded from the polls. Any election official who is excluded shall be replaced as provided in this code.

(2) Any official who willfully refuses or willfully neglects to perform his or her duties as prescribed by this election code is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any official who performs his or her duty as prescribed by this election code fraudulently or corruptly is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Any supervisor, deputy supervisor, or election employee who attempts to influence or interfere with any elector voting a ballot commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Any supervisor who willfully violates any provision of the Florida Election Code is, upon a finding of such violation by a court of competent jurisdiction, prohibited from receiving the special qualification salary pursuant to s. 145.09(3) for a period of 24 months, dating from the time of the violation.

History.—s. 30, ch. 4328, 1895; s. 10, ch. 4537, 1897; s. 16, ch. 14715, 1931; s. 4, ch. 18407, 1937; GS 215, 3824; RGS 259, 5885; CGL 315, 8148; 1936 Supp. 8151(1); 1940 Supp. 7476(8); ss. 3-E, 4, 7, 8, ch. 22018, 1943; s. 8, ch. 26870, 1951; s. 42, ch. 28156, 1953; s. 24, ch. 71-136; s. 35, ch. 77-175; s. 21, ch. 90-315; s. 614, ch. 95-147; s. 27, ch. 98-129; s. 39, ch. 2019-162.

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Amendments to 104.051

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 104.051

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

S104.051 2 - ELECTION LAWS - WILLFULLY REFUSE OR NEGLECT TO PERFORM DUTIES - M: F

S104.051 3 - FRAUD - OFFICIAL FRAUDULENTLY PERFORM DUTIES - F: T

S104.051 3 - ELECTION LAWS - FRAUDULENTLY OR CORRUPTLY PERFORM DUTIES - F: T

S104.051 3 - ELECTION LAWS - OFFICIAL CORRUPTLY PERFORM DUTIES - F: T

S104.051 4 - ELECTION LAWS - INFLUENCE OR INTERFERE WITH VOTING - F: T

Cases Citing Statute 104.051

Total Results: 6

Abrams v. Reno

452 F. Supp. 1166, 1978 U.S. Dist. LEXIS 17821

District Court, S.D. Florida | Filed: May 10, 1978 | Docket: 2148723

Cited 14 times | Published

connection with this litigation. NOTES [1] F.S. 104.051(2) [2] See the recent case of First National

Clean-Up '84 v. Heinrich

582 F. Supp. 125

District Court, M.D. Florida | Filed: Mar 5, 1984 | Docket: 2470221

Cited 11 times | Published

the challenged *127 statute. See e.g. Fla.Stat. § 104.051, 104.061, 104.091, 104.185, 104.19, 104.23 and

Touchston v. Mcdermott

234 F.3d 1133

Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 2000 | Docket: 257768

Cited 2 times | Published

duty under Fla. Stat. 104.051 for failure to take such action. See Fla. Stat. 104.051 ("Any official

Smith v. Tynes

412 So. 2d 925, 3 Educ. L. Rep. 1154

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 1525867

Cited 2 times | Published

solicitation near polling places, in violation of Section 104.051; on September 4, 1980, Tynes ran a newspaper

Schwarz v. Villages Charter School, Inc.

165 F. Supp. 3d 1153, 2016 U.S. Dist. LEXIS 24526, 2016 WL 787934

District Court, M.D. Florida | Filed: Feb 29, 2016 | Docket: 64307177

Cited 1 times | Published

“Other Aid, Benefits, or Services.” 34 C.F.R. § 104.51; 7 C.F.R. § 15b.36. The Charter School Corporation

Robert C. Touchston v. Michael McDermott

234 F.3d 1133, 2000 WL 1781942

Court of Appeals for the Eleventh Circuit | Filed: Dec 6, 2000 | Docket: 396313

Published

duty under Fla. Stat. § 104.051 for failure to take such action. Fla. Stat. § 104.051 (“Any official who