Florida Statute 104.0615 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

View Entire Chapter

104.0615 Voter intimidation or suppression prohibited; criminal penalties.—

(1) This section may be cited as the “Voter Protection Act.”

(2) A person may not directly or indirectly use or threaten to use force, violence, or intimidation or any tactic of coercion or intimidation to induce or compel an individual to:

(a) Vote or refrain from voting;

(b) Vote or refrain from voting for any particular individual or ballot measure;

(d) Refrain from acting as a legally authorized election official or poll watcher.

(3) A person may not knowingly use false information to:

(a) Challenge an individual’s right to vote;

(b) Induce or attempt to induce an individual to refrain from voting or registering to vote; or

(c) Induce or attempt to induce an individual to refrain from acting as a legally authorized election official or poll watcher.

(4) A person may not knowingly destroy, mutilate, or deface a voter registration form or election ballot or obstruct or delay the delivery of a voter registration form or election ballot.

(5) A person who violates subsection (2), subsection (3), or subsection (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.—s. 76, ch. 2005-277.

F.S. 104.0615 on Google Scholar

F.S. 104.0615 on CourtListener

Amendments to 104.0615

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 104.0615

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

S104.0615 2a - ELECTION LAWS - USE FORCE VIOL TO COMPEL VOTE OR REFRAIN - F: T

S104.0615 2b - ELECTION LAWS - USE FORCE VIOL COMPEL CERTAIN VOTE OR REFRAIN - F: T

S104.0615 2c - ELECTION LAWS - USE FORCE VIOL TO REFRAIN FROM REGISTERING - F: T

S104.0615 2d - ELECTION LAWS - USE FORCE VIOL TO REFRAIN FROM ELECTION OFF - F: T

S104.0615 3a - ELECTION LAWS - USE FALSE INFO CHALLENGE RIGHT TO VOTE - F: T

S104.0615 3b - ELECTION LAWS - USE FALSE INFO TO REFRAIN FROM VOTE REGISTER - F: T

S104.0615 3c - ELECTION LAWS - USE FALSE INFO TO REFRAIN FROM ELECTION OFF - F: T

S104.0615 4 - ELECTION LAWS - DESTROY DEFACE VOTER REGIS OR BALLOT - F: T

S104.0615 4 - ELECTION LAWS - OBSTRUCT DELAY DELIVERY VOTER REGIS BALLOT - F: T

Cases Citing Statute 104.0615

Total Results: 2 | Sort by: Relevance | Newest First

Copy

League of Women Voters of Florida v. Cobb, 447 F. Supp. 2d 1314 (S.D. Fla. 2006).

Cited 16 times | Published | District Court, S.D. Florida | 2006 U.S. Dist. LEXIS 61070, 2006 WL 2544683

...any person, entity, or agent acting on its behalf, which is not submitted to the division or supervisor of elections. Id. § 97.0575(3)(a)-(c). These fines are in addition to any applicable criminal penalties, including the provisions of Fla. Stat. § 104.0615(4), which makes it a violation of the law to "knowingly destroy, mutilate, or deface a voter registration form or election ballot or obstruct or delay the delivery of a registration form or election ballot." Furthermore, a person who violates Fla. Stat. § 104.0615(4) commits a felony in the third degree, and may be punished by up to five years in jail, a fine of $5,000.00, or both. Fla. Stat. §§ 104.0615(5), 775.082(3)(d), 775.083(1)(d)....

...n that Florida law already imposes criminal penalties on those who "knowingly destroy, mutilate, or deface a voter registration form or an election ballot or obstruct or delay the delivery of a voter registration form or election ballot." Fla. Stat. § 104.0615(4)....

Copy

League of Women Voters of Florida v. Browning, 575 F. Supp. 2d 1298 (S.D. Fla. 2008).

Cited 8 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 62726, 2008 WL 3200654

...erson, entity, or agent acting on its behalf, which is not submitted to the division or supervisor of elections. Fla. Stat. § 97.0575(3). These penalties were "in addition to any applicable criminal penalties, including the provisions of Fla. Stat. § 104.0615(4) ...." LWVF I, 447 F.Supp.2d at 1323....

...ng of, or failure to submit, voter registration applications. Plaintiffs nevertheless argue that even if those interests are implicated by the conduct of third-party voter registration organizations, the interests are already adequately protected by Section 104.0615(4), Florida Statutes, which makes it a felony to "knowingly ......

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.