104.271 False or malicious charges against, or false statements about, opposing candidates; penalty.—
(1) Any candidate who, in a primary election or other election, willfully charges an opposing candidate participating in such election with a violation of any provision of this code, which charge is known by the candidate making such charge to be false or malicious, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083 and, in addition, after conviction shall be disqualified to hold office.
(2) Any candidate who, in a primary election or other election, with actual malice makes or causes to be made any statement about an opposing candidate which is false is guilty of a violation of this code. An aggrieved candidate may file a complaint with the Florida Elections Commission pursuant to s. 106.25. The commission shall adopt rules to provide an expedited hearing of complaints filed under this subsection. Notwithstanding any other provision of law, the commission shall assess a civil penalty of up to $5,000 against any candidate found in violation of this subsection, which shall be deposited to the account of the General Revenue Fund of the state.
History.—s. 44, ch. 28156, 1953; s. 48, ch. 71-136; s. 27, ch. 77-104; s. 35, ch. 77-175; s. 1, ch. 85-210; s. 627, ch. 95-147; s. 44, ch. 97-13.
Cited 8 times | Published | Florida 1st District Court of Appeal | 2007 WL 4206632
...There are many other points supporting Brown's argument. It is significant, in our view, that the term, "actual malice," does not appear in the text of the statute. The Legislature has shown that it understands the precise meaning of this term by using it in the proper context in section 104.271(2) Florida Statutes. This statute authorizes the imposition of a penalty against a political candidate who with "actual malice" makes a false statement against an opposing candidate. The Legislature plainly understood when it enacted section 104.271(2) that a statute regulating pure speech or expression would require proof of actual malice to meet First Amendment standards....
Cited 1 times | Published | Florida 3rd District Court of Appeal
...udge’s discretion to grant
such a motion is appropriate. In our evaluation of the Incumbent Judge’s decision
to deny the motions in these cases, we are not suggesting in any way that every
judge should do so in a similar case.
8 See also, § 104.271, Florida Statutes (2018), “False or malicious charges against,
or false statements about, opposing candidates; penalty.”
30
3....
...the election campaign. Sharkey admits that he made the false statements but argues that the Administrative Law Judge (ALJ) erred in finding that he acted with actual malice. We agree and reverse. The issue before the ALJ was whether Sharkey violated section 104.271(2), Florida Statutes (2009), by making false statements about an opposing candidate with actual malice....
...It turned out that Grantt had not been listening attentively enough at the board meetings when the trips to Harvard and Paris were discussed; his information was erroneous. *939 The ALJ determined that the Florida Elections Commission proved that Shar-key violated section 104.271(2) by clear and convincing evidence....
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