Florida Statutes
Fla. Stat. § 104.31 (2025)
Political activities of state, county, and municipal officers and employees.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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104.31 Political activities of state, county, and municipal officers and employees.—
(1) No officer or employee of the state, or of any county or municipality thereof, except as hereinafter exempted from provisions hereof, shall:
(a) Use his or her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person’s vote or affecting the result thereof.
(b) Directly or indirectly coerce or attempt to coerce, command, or advise any other officer or employee to pay, lend, or contribute any part of his or her salary, or any money, or anything else of value to any party, committee, organization, agency, or person for political purposes. Nothing in this paragraph or in any county or municipal charter or ordinance shall prohibit an employee from suggesting to another employee in a noncoercive manner that he or she may voluntarily contribute to a fund which is administered by a party, committee, organization, agency, person, labor union or other employee organization for political purposes.
(c) Directly or indirectly coerce or attempt to coerce, command, and advise any such officer or employee as to where he or she might purchase commodities or to interfere in any other way with the personal right of said officer or employee.
The provisions of this section shall not be construed so as to prevent any person from becoming a candidate for and actively campaigning for any elective office in this state. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. The provisions of paragraph (a) shall not be construed so as to limit the political activity in a general, special, primary, bond, referendum, or other election of any kind or nature, of elected officials or candidates for public office in the state or of any county or municipality thereof; and the provisions of paragraph (a) shall not be construed so as to limit the political activity in general or special elections of the officials appointed as the heads or directors of state administrative agencies, boards, commissions, or committees or of the members of state boards, commissions, or committees, whether they be salaried, nonsalaried, or reimbursed for expense. In the event of a dual capacity of any member of a state board, commission, or committee, any restrictive provisions applicable to either capacity shall apply. The provisions of paragraph (a) shall not be construed so as to limit the political activity in a general, special, primary, bond, referendum, or other election of any kind or nature of the Governor, the elected members of the Governor’s Cabinet, or the members of the Legislature. The provisions of paragraphs (b) and (c) shall apply to all officers and employees of the state or of any county or municipality thereof, whether elected, appointed, or otherwise employed, or whether the activity shall be in connection with a primary, general, special, bond, referendum, or other election of any kind or nature.
(2) An employee of the state or any political subdivision may not participate in any political campaign for an elective office while on duty.
(3) Any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Nothing contained in this section or in any county or municipal charter shall be deemed to prohibit any public employee from expressing his or her opinions on any candidate or issue or from participating in any political campaign during the employee’s off-duty hours, so long as such activities are not in conflict with the provisions of subsection (1) or s. 110.233.
History.—s. 8, ch. 26870, 1951; s. 7, ch. 29615, 1955; s. 5, ch. 29936, 1955; s. 1, ch. 59-208; s. 18, ch. 65-379; s. 53, ch. 71-136; ss. 1, 2, ch. 74-13; s. 1, ch. 75-261; s. 30, ch. 79-190; s. 1, ch. 80-207; s. 628, ch. 95-147; s. 1, ch. 2006-275.
Arrestable Offenses under F.S. 104.31
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§104.31(1a)EXTORTUSE AUTHORITY TO INFLU INTERFERE W ELECTION
§104.31(1b)EXTORTCOMMAND COERCE OTHER OFFICER EMPLOYEE
§104.31(1b)ELECTION LAWSDUPLICATE - SEE 1c - REC#69
§104.31(1c)EXTORTCOERCE WHERE PURCH COMMODITY INTRF PERS RIGHTS
§104.31(1c)ELECTION LAWSADVISE WHERE PURCH COMMODITY INTRF PERS RIGHTS
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1960–2024 · leading case: Fugate v. Florida Elections Com'n, 924 So. 2d 74 (Fla. 1st DCA 2006).
Fugate v. Florida Elections Com'n, 924 So. 2d 74 (Fla. 1st DCA 2006). “Appellant was charged with "willfully" violating section 104.31(1)(a), Florida Statutes (2003), which forbids a public official from using his or her official authority or influence for the purpose of influencing another person's vote.”
State v. Stuler, 122 So. 2d 1 (Fla. 1960). “By appeal the State of Florida seeks reversal of an order of the trial judge sustaining a motion to quash an information charging appellee Stuler with a violation of Section 104.31, Florida Statutes, F.S.A. Our conclusion must turn on the constitutionality of a part of the…”
Resedean v. Civil Serv. Bd. of Pensacola, 332 So. 2d 150 (Fla. 1st DCA 1976). “31(1) (d) 3 and created Section 3 of F.S. 104.31. 4 Indeed, the significant provisions of Chapter 74 — 13 manifest an obvious legislative intent to allow a municipal employee to participate in any political campaign during his off-duty hours.”
Huerta v. Flood, 447 P.2d 866 (Ariz. 1968). “" [our emphasis] The petitioner has sought a writ of prohibition on several grounds, one of which is the averred unconstitutionality of A.”
Jones v. Bd. of Control, 131 So. 2d 713 (Fla. 1961). “We, ourselves, have sustained the validity of Section 104.31, Florida Statutes, F.S.A., which places restrictions upon the political activities of various public employees.”
Metro. Dade Cnty. v. Santos, 430 So. 2d 506 (Fla. 3d DCA 1983). “The lower court found that this subsection was, within the meaning of Article VIII, § 11(5) Florida Constitution of 1885, as amended, [1] invalidly in "conflict" with Section 104.31(1), Fla. Stat. (1981), the "Little Hatch Act," which states that *507 (1) No officer or employee…”
Adam Richardson v. Sec'y, Florida Agency for Health Care Admin. (Fla. 2024). “§ 104.31, Fla. Stat. Respondents answer that this criminal prohibition does not contemplate private enforcement by writ of quo warranto.”
Wills v. Florida Elections Com'n, 955 So. 2d 61 (Fla. 1st DCA 2007). “In both counts, the FEC charged Wills "used his official authority or influence for the purpose of attempting to coerce or influence another person's vote or affecting the results of an election" in violation of section 104.31(1)(a), Florida Statutes. Wills petitioned for a…”
League of Women Voters of Fla. v. Scott, 366 F. Supp. 3d 1311 (2018). “…interfering with an election ... or coercing or influencing another person's vote or affecting the result thereof." Fla. Stat. § 104.31 (1)(a).”
— 104.31(1) — 2 cases
Resedean v. Civil Serv. Bd. of Pensacola, 332 So. 2d 150 (Fla. 1st DCA 1976). “31(1) (d) 3 and created Section 3 of F.S. 104.31. 4 Indeed, the significant provisions of Chapter 74 — 13 manifest an obvious legislative intent to allow a municipal employee to participate in any political campaign during his off-duty hours.”
Metro. Dade Cnty. v. Santos, 430 So. 2d 506 (Fla. 3d DCA 1983). “The lower court found that this subsection was, within the meaning of Article VIII, § 11(5) Florida Constitution of 1885, as amended, [1] invalidly in "conflict" with Section 104.31(1), Fla. Stat. (1981), the "Little Hatch Act," which states that *507 (1) No officer or employee…”
— 104.31(1)(a) — 2 cases
Fugate v. Florida Elections Com'n, 924 So. 2d 74 (Fla. 1st DCA 2006). “Appellant was charged with "willfully" violating section 104.31(1)(a), Florida Statutes (2003), which forbids a public official from using his or her official authority or influence for the purpose of influencing another person's vote.”
Wills v. Florida Elections Com'n, 955 So. 2d 61 (Fla. 1st DCA 2007). “In both counts, the FEC charged Wills "used his official authority or influence for the purpose of attempting to coerce or influence another person's vote or affecting the results of an election" in violation of section 104.31(1)(a), Florida Statutes. Wills petitioned for a…”
— 104.31(1)(c) — 1 case
Jones v. Bd. of Control, 131 So. 2d 713 (Fla. 1961). “We, ourselves, have sustained the validity of Section 104.31, Florida Statutes, F.S.A., which places restrictions upon the political activities of various public employees.”
— 104.31(3) — 2 cases
Resedean v. Civil Serv. Bd. of Pensacola, 332 So. 2d 150 (Fla. 1st DCA 1976). “31(1) (d) 3 and created Section 3 of F.S. 104.31. 4 Indeed, the significant provisions of Chapter 74 — 13 manifest an obvious legislative intent to allow a municipal employee to participate in any political campaign during his off-duty hours.”
Adam Richardson v. Sec'y, Florida Agency for Health Care Admin. (Fla. 2024). “§ 104.31, Fla. Stat. Respondents answer that this criminal prohibition does not contemplate private enforcement by writ of quo warranto.”
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