Florida Statutes
Fla. Stat. § 104.271 (2025)
False or malicious charges against, or false statements about, opposing candidates; penalty.
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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.
Arrestable Offenses under F.S. 104.271
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§104.271ELECTION LAWSMALICIOUS CHARGES AGAINST OPPOSING CANDIDATE
Notes of Decisions
Cited in 6
cases, 2005–2018 · leading case: Brown v. State, Com'n on Ethics, 969 So. 2d 553 (Fla. 1st DCA 2007).
Brown v. State, Com'n on Ethics, 969 So. 2d 553 (Fla. 1st DCA 2007). “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…”
Rickert v. Pub. Disclosure Comm'n, 161 Wash. 2d 843 (Wash. 2007). “§ 1-13-109 (LexisNexis); Fla. Stat. Ann. § 104.271 (West); Minn. Stat.”
Sands Pointe Ocean Beach Resort Condo Assoc., Inc. v. Aelion, 251 So. 3d 950 (Fla. 3d DCA 2018). “8 See also, § 104.271, Florida Statutes (2018), “False or malicious charges against, or false statements about, opposing candidates; penalty.”
Rickert v. Pub. Disclosure Comm'n, 129 Wash. App. 450 (Wash. Ct. App. 2005). “Rev. Stat. § 294A.345(1) (2004); N.C. Gen.”
Rickert v. State, Pub. Disclosure Com'n, 119 P.3d 379 (Wash. Ct. App. 2005). “21(B) (2005); Or.Rev.Stat. § 260.532 (2003); Tenn.”
Sharkey v. Florida Elections Comm'n, 90 So. 3d 937 (Fla. 2d DCA 2012). “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.”
— 104.271(2) — 2 cases
Brown v. State, Com'n on Ethics, 969 So. 2d 553 (Fla. 1st DCA 2007). “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…”
Sharkey v. Florida Elections Comm'n, 90 So. 3d 937 (Fla. 2d DCA 2012). “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.”
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