Arrestable Offenses under F.S. 104.271
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§104.271ELECTION LAWSMALICIOUS CHARGES AGAINST OPPOSING CANDIDATEF · 3rd
CopyCited 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....
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CopyCited 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.”
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Cited as authorityMontes (2025)phrase: "rule_authority"
CopyPublished | Florida 2nd District Court of Appeal | 2012 WL 2361497, 2012 Fla. App. LEXIS 10120
...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....
