Florida Statute 104.271 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.271

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.

F.S. 104.271 on Google Scholar

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Amendments to 104.271

Arrestable Offenses / Crimes under Fla. Stat. 104.271

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

S104.271 - ELECTION LAWS - MALICIOUS CHARGES AGAINST OPPOSING CANDIDATE - F: T

Annotations, Discussions, Cases:

Cases Citing Statute 104.271

Total Results: 4

Sands Pointe Ocean Beach Resort Condo Assoc., Inc. v. Aelion

Court: District Court of Appeal of Florida | Date Filed: 2018-06-06

Citation: 251 So. 3d 950

Snippet: should do so in a similar case. 8 See also, § 104.271, Florida Statutes (2018), “False or malicious charges

Sharkey v. Florida Elections Commission

Court: District Court of Appeal of Florida | Date Filed: 2012-06-22

Citation: 90 So. 3d 937, 2012 WL 2361497, 2012 Fla. App. LEXIS 10120

Snippet: before the ALJ was whether Sharkey violated section 104.271(2), Florida Statutes (2009), by making false statements

Brown v. STATE, COM'N ON ETHICS

Court: District Court of Appeal of Florida | Date Filed: 2007-11-30

Citation: 969 So. 2d 553, 2007 WL 4206632

Snippet: term by using it in the proper context in section 104.271(2) Florida Statutes. This statute authorizes the

Maloney v. Kirk

Court: Supreme Court of Florida | Date Filed: 1968-07-02

Citation: 212 So. 2d 609

Snippet: duties of his elected office. Sections 104.071 and 104.271 each suggest that convictions for violations thereof