Florida Statute 104.071 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.071

104.071 Remuneration by candidate for services, support, etc.; penalty.—

(1) It is unlawful for any person supporting a candidate, or for any candidate, in order to aid or promote the nomination or election of such candidate in any election, directly or indirectly to:

(a) Promise to appoint another person, promise to secure or aid in securing appointment, nomination or election of another person to any public or private position, or to any position of honor, trust, or emolument, except one who has publicly announced or defined what his or her choice or purpose in relation to any election in which he or she may be called to take part, if elected.

(b) Give, or promise to give, pay, or loan, any money or other thing of value to the owner, editor, publisher, or agent, of any communication media, as well as newspapers, to advocate or oppose, through such media, any candidate for nomination in any election or any candidate for election, and no such owner, editor, or agent shall give, solicit, or accept such payment or reward. It shall likewise be unlawful for any owner, editor, publisher, or agent of any poll-taking or poll-publishing concern to advocate or oppose through such poll any candidate for nomination in any election or any candidate for election in return for the giving or promising to give, pay, or loan any money or other thing of value to said owner, editor, publisher, or agent of any poll-taking or poll-publishing concern.

(c) Give, pay, expend, or contribute any money or thing of value for the furtherance of the candidacy of any other candidate.

(d) Furnish, give, or deliver to another person any money or other thing of value for any purpose prohibited by the election laws.

This subsection shall not prohibit a candidate from furnishing complimentary tickets to the candidate’s campaign fund raiser to other candidates.

(2) A candidate may give his or her own personal or business funds to another candidate, so long as the contribution is not given in exchange for a promise or expectation that the recipient will directly or indirectly do anything to aid or promote the candidacy of the contributor which the recipient would not have otherwise done.

(3) Any person who violates any provision of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083, and from and after conviction shall be disqualified to hold office.

History.—s. 8, ch. 26870, 1951; s. 2, ch. 65-379; s. 26, ch. 71-136; s. 35, ch. 77-175; s. 52, ch. 79-400; s. 33, ch. 89-338; s. 617, ch. 95-147.

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Amendments to 104.071

Arrestable Offenses / Crimes under Fla. Stat. 104.071

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

S104.071 1a - BRIBE-GIVING - GIVE EMPLOYMENT MONEY ETC TO SUPPORT CANDIDATE - F: T

S104.071 1a - BRIBE-OFFERING - OFFER EMPLOYMENT MONEY ETC SUPPORT CANDIDATE - F: T

S104.071 1b - BRIBE-RECEIVING - COMML MEDIA ACCEPT FROM CANDIDATE - F: T

S104.071 1c - ELECTION LAWS - CONTRIBUTE TO FURTHER OPPOSING CANDIDATE - F: T

S104.071 1d - ELECTION LAWS - CANDIDATE GIVE VALUABLE VIOLATE ELECTION LAW - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 104.071

Total Results: 4

Robbins v. Robbins

Court: Fla. Dist. Ct. App. | Date Filed: 1983-03-30T23:53:00-08:00

Citation: 429 So. 2d 424

Snippet: v. Louisiana, 272 U.S. 312, 317, 47 S.Ct. 103, 104, 71 L.Ed. 270, 273 (1926). In the cases before us,

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Court: Fla. Att'y Gen. | Date Filed: 1976-04-18T23:53:00-08:00

Snippet: endorsing a particular candidate. See: ss. 104.071(1), 104.071(1)(c), 104.37(4), 104.37(5), 104.373,106.021…against a particular candidate. See: ss.100.361(9), 104.071(1)(b), 104.081, 106.011(2), 106.07(3), F. S. Those

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Court: Fla. Att'y Gen. | Date Filed: 1974-10-14T00:53:00-07:00

Snippet: election" in s. 104.071(1), F.S., does not limit the application of s. 104.071 to primary elections…promote his nomination in any election" in s. 104.71(1), F.S., limit the applicability of the statute… question 1 is answered affirmatively, does s. 104.071, F.S., apply to a municipal election as well? SUMMARY…municipal elections. AS TO QUESTION 1: Section 104.071, F.S., entitled "Remuneration by candidate…. . . At this point it should be noted that s. 104.071(1)(a), F.S., contains an exception to the general

Maloney v. Kirk

Court: Fla. | Date Filed: 1968-07-02T00:53:00-07:00

Citation: 212 So. 2d 609

Snippet: of the duties of his elected office. Sections 104.071 and 104.271 each suggest that convictions for violations…In this respect it is interesting to compare §§ 104.071 and 104.271 of the Election Code with the penalty…penalty provisions of § 104.27. Sections 104.071 and 104.271 each provide that any candidate found guilty