Arrestable Offenses / Crimes under Fla. Stat. 104.15
CopyPublished | Court of Appeals for the Eleventh Circuit
...felony
conviction. And it is a crime for a person to “willfully submit[] any false voter
registration information,” Fla. Stat. §
104.011(2), or to “willfully vote[] at any
election” “knowing he or she is not a qualified elector,” id. §
104.15....
...Felons and law enforcement can discern
from the relevant statutes exactly what conduct is prohibited: a felon may not vote
or register to vote if he knows that he has failed to complete all terms of his
criminal sentence. See Fla. Stat. §§
104.011(2),
104.15,
98.0751(1)–(2)....
...violation.” Jordan
Dissent at 169 (internal quotation marks omitted). Never mind the fact that no
felon who honestly believes he has completed the terms of his sentence commits a
crime by registering and voting, see Fla. Stat. §§
104.011(2),
104.15 (establishing
scienter requirements for voting violations), and that at least 85,000 felons felt the
law was clear enough for them to go ahead and register....
CopyPublished | Court of Appeals for the Eleventh Circuit
...felony
conviction. And it is a crime for a person to “willfully submit[] any false voter
registration information,” Fla. Stat. §
104.011(2), or to “willfully vote[] at any
election” “knowing he or she is not a qualified elector,” id. §
104.15....
...Felons and law enforcement can discern
from the relevant statutes exactly what conduct is prohibited: a felon may not vote
or register to vote if he knows that he has failed to complete all terms of his
criminal sentence. See Fla. Stat. §§
104.011(2),
104.15,
98.0751(1)–(2)....
...violation.” Jordan
Dissent at 169 (internal quotation marks omitted). Never mind the fact that no
felon who honestly believes he has completed the terms of his sentence commits a
crime by registering and voting, see Fla. Stat. §§
104.011(2),
104.15 (establishing
scienter requirements for voting violations), and that at least 85,000 felons felt the
law was clear enough for them to go ahead and register....
CopyPublished | Florida 5th District Court of Appeal
...ishable if committed in this state, by
death or by imprisonment in the state penitentiary.” Art. X, § 10, Fla. Const.
7Furthermore, it is a third-degree felony for any voter to cast a ballot knowing that
he or she is not a qualified voter. § 104.15, Fla....
CopyPublished | Florida 3rd District Court of Appeal
... BACKGROUND
The Office of Statewide Prosecution charged Miller by information with
one count of making false affirmations in connection with an election and one
count of voter fraud, pursuant to sections
104.011 and
104.15, Florida
Statutes (2020)....
...of the charged
offenses are alleged to have occurred in more than one judicial circuit.
III. Construction of Section
16.56(1)(a) in conjunction with the
charged offenses
Miller was charged with violating sections
104.011(1) and
104.15 of
the Florida Statutes....
...Section
104.011(1) reads in relevant part as follows: “A
person who willfully swears or affirms falsely to any oath . . . in connection
with or arising out of voting or elections commits a felony . . . .” §
104.011(1),
Fla. Stat. (2020) (emphasis added). Section
104.15 reads in relevant part as
follows: “Whoever, knowing he or she is not a qualified elector, willfully votes
at any election is guilty of a felony . . . .” §
104.15, Fla....
CopyPublished | Florida 4th District Court of Appeal
...Williams, and Quinn
Yeargain.
KUNTZ, J.
The Office of the Statewide Prosecutor charged Terry Hubbard with
false affirmation in connection with an election under section
104.011(1),
Florida Statutes (2020), and voting by an unqualified elector under section
104.15, Florida Statutes (2020)....
...and subsequent voting.
Hubbard was charged by amended information with providing false
affirmation in connection with an application for voter registration in
violation of section
104.011(1), and voting by an unqualified elector in
violation of section
104.15....
CopyPublished | Florida 6th District Court of Appeal
...Election. The General Election ballot included statewide and federal offices and
proposed amendments to the Florida Constitution.
The OSP filed a one-count information charging Washington with voting by
unqualified elector in violation of section 104.15, Florida Statutes (2020)....
...another principal
in another circuit, the crime occurred in both circuits for purposes of prosecutorial
jurisdiction, and the crime was part of a related transaction between the two
principals.
16
under section 104.15, Florida Statutes, which provides, “Whoever, knowing he or
she is not a qualified elector, willfully votes at any election is guilty of a felony of
the third degree ....
...labeled them) to prosecute Hubbard’s alleged voting crimes. As in Miller, the OSP
charged Hubbard “with providing false affirmation in connection with an application
for voter registration in violation of section
104.011(1), and voting by an unqualified
elector in violation of section
104.15.” 392 So....
CopyPublished | Florida 6th District Court of Appeal
...Election. The General Election ballot included statewide and federal offices and
proposed amendments to the Florida Constitution.
The OSP filed a one-count information charging Washington with voting by
unqualified elector in violation of section 104.15, Florida Statutes (2020)....
...by another principal
in another circuit, the crime occurred in both circuits for purposes of prosecutorial
jurisdiction, and the crime was part of a related transaction between the two
principals.
16
under section 104.15, Florida Statutes, which provides, “Whoever, knowing he or
she is not a qualified elector, willfully votes at any election is guilty of a felony of
the third degree ....
...labeled them) to prosecute Hubbard’s alleged voting crimes. As in Miller, the OSP
charged Hubbard “with providing false affirmation in connection with an application
for voter registration in violation of section
104.011(1), and voting by an unqualified
elector in violation of section
104.15.” 392 So....
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8920
any election shall give or promise. . . . ’ Section
104.15, relating to unqualified persons voting, uses
