Florida/Georgia Personal Injury & Workers Compensation

...To the extent that the statute is designed to prevent disruption at the polling place, the statute cuts too deep because it proscribes all exit polling and interviewing, whether disruptive or not. Moreover, section 102.031(2) empowers the deputy sheriff to maintain "good order" at the polls, and section 104.0515 prohibits the deprivation of voting rights by anyone....

...he loss of any sites. Moreover, there exist other statutory provisions concerning polling place activities by which order and decorum may be maintained at Florida's polls and the integrity of the voting process protected. See Fla.Stat. §§ 101.121, 104.0515....

...ess 1) by interfering with the right to vote (or not vote) by intimidating, threatening, or coercing (or attempting to do so) electors Nancy Williams on March 12, 1999; and Tracy Youman on March 11, 1999 (Counts I & V, respectively), in violation of section 104.0515, Florida Statutes (1999); 2) by corruptly influencing voting by attempting to influence, deceive, or deter, directly or indirectly, by bribery, menace, threat, or other corruption, electors Williams on March 12, 1999; and Youman on M...

...n counts of a series of informations because of the alleged unconstitutionality of vague or overbroad underlying statutes. Citing the right to free speech and Trushin v. State, 425 So.2d 1126 (Fla.1982), Appellant attacked two statutes specifically. Section 104.0515 states in pertinent part: No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, any other person for the purpose of interfering with the right of such other person to vote or not to vote as...

...n may choose, or for the purpose of causing such other person to vote for, or not vote for, any candidate for any office at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate. § 104.0515(3), Fla....

...nally vague. At the close of the State's case, defense counsel moved for a judgment of acquittal primarily on the ground that the two statutes are unconstitutionally vague. Counsel argued that "intimidate" involves "a very nebulous concept" and that section 104.0515 fails to provide guidance as to what the Legislature intended to define as unlawful or criminal intimidation, threat, or coercion....

...ionality of a statute bears the burden of demonstrating that it is invalid." Hudson v. State, 825 So.2d 460, 465 (Fla. 1st DCA 2002). For the reasons that follow, we conclude that Appellant has failed to carry his burden of demonstrating that either section 104.0515 or section 104.061 is unconstitutional, facially or as-applied....

...In summary, the words in question "convey[] a sufficiently definite warning as to the proscribed conduct when measured by common understanding and practice." Hagan, 387 So.2d at 945. Accordingly, Appellant has not demonstrated a problem with vagueness in either section 104.0515 or section 104.061, facially or as-applied....

...489, 494, 102 S.Ct. 1186, 71 L.Ed.2d 362 (1982). Given the express limiting language in the two provisions, the State correctly notes that the statutes clearly prohibit conduct that could never be considered constitutionally protected. In essence, section 104.0515(3) proscribes a person from intimidating, threatening, or coercing anyone else for the purpose of interfering with the other person's right to vote or not to vote, or for the purpose of causing the other person to vote or not to vote...

...A trial court is under no obligation to define terms in common use and generally understood by the average person. See United States v. Vega-Figueroa, 234 F.3d 744, 757 (1st Cir.2000). As was noted, supra, "intimidate" does not have a technical or unconventional meaning in section 104.0515(3)....