Florida Statute 104.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.31

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.

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Amendments to 104.31

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 104.31

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

S104.31 1a - EXTORT - USE AUTHORITY TO INFLU INTERFERE W ELECTION - M: F

S104.31 1b - EXTORT - COMMAND COERCE OTHER OFFICER EMPLOYEE - M: F

S104.31 1b - ELECTION LAWS - DUPLICATE - SEE 1c - REC#69 - M: F

S104.31 1c - EXTORT - COERCE WHERE PURCH COMMODITY INTRF PERS RIGHTS - M: F

S104.31 1c - ELECTION LAWS - ADVISE WHERE PURCH COMMODITY INTRF PERS RIGHTS - M: F

Cases Citing Statute 104.31

Total Results: 15

Jones v. Board of Control

131 So. 2d 713

Supreme Court of Florida | Filed: Jun 23, 1961 | Docket: 1503598

Cited 14 times | Published

violence to the legislative policy suggested by Section 104.31(1)(c), Florida Statutes, F.S.A. Chapter 104

State v. Stuler

122 So. 2d 1

Supreme Court of Florida | Filed: Jul 13, 1960 | Docket: 1506729

Cited 8 times | Published

charging appellee Stuler with a violation of Section 104.31, Florida Statutes, F.S.A. Our conclusion must

Fugate v. FLORIDA ELECTIONS COM'N

924 So. 2d 74, 2006 Fla. App. LEXIS 2439, 2006 WL 407074

District Court of Appeal of Florida | Filed: Feb 23, 2006 | Docket: 1735940

Cited 5 times | Published

Appellant was charged with "willfully" violating section 104.31(1)(a), Florida Statutes (2003), which forbids

Metropolitan Dade County v. Santos

430 So. 2d 506

District Court of Appeal of Florida | Filed: Apr 12, 1983 | Docket: 445826

Cited 5 times | Published

as amended,[1] invalidly in "conflict" with Section 104.31(1), Fla. Stat. (1981), the "Little Hatch Act

Schwarz v. Villages Charter School, Inc.

165 F. Supp. 3d 1153, 2016 U.S. Dist. LEXIS 24526, 2016 WL 787934

District Court, M.D. Florida | Filed: Feb 29, 2016 | Docket: 64307177

Cited 1 times | Published

Secondary, Adult, and Extension Education.” 34 C.F.R. § 104.31; 7 C.F.R. § 15b.20. The DOE’s Subpart F contains

Wills v. FLORIDA ELECTIONS COM'N

955 So. 2d 61, 2007 Fla. App. LEXIS 4899, 2007 WL 980727

District Court of Appeal of Florida | Filed: Apr 4, 2007 | Docket: 1659198

Cited 1 times | Published

the results of an election" in violation of section 104.31(1)(a), Florida Statutes. Wills petitioned for

Adam Richardson v. Secretary, Florida Agency for Health Care Administration

Supreme Court of Florida | Filed: Oct 10, 2024 | Docket: 69242817

Published

Health Care Administration (AHCA) have violated section 104.31, Florida Statutes (2024), in their advocacy

League of Women Voters of Fla. v. Scott

366 F. Supp. 3d 1311

District Court, N.D. Florida | Filed: Nov 15, 2018 | Docket: 64323297

Published

vote or affecting the result thereof." Fla. Stat. § 104.31(1)(a).

Ago

Florida Attorney General Reports | Filed: Apr 17, 1980 | Docket: 3257273

Published

, appear to compel a different conclusion. Section 104.31, Florida's Little Hatch Act, regulates the

Ago

Florida Attorney General Reports | Filed: Nov 28, 1978 | Docket: 3258239

Published

violation of s. 104.31(1)(a), F. S.? SUMMARY: Section 104.31(1)(a), F. S., does not prohibit elective municipal

Ago

Florida Attorney General Reports | Filed: Mar 28, 1977 | Docket: 3255349

Published

community college district board of trustees. Section 104.31(1), F. S., does not operate to bar such employee

Resedean v. Civil Service Board of Pensacola

332 So. 2d 150, 1976 Fla. App. LEXIS 14417

District Court of Appeal of Florida | Filed: May 14, 1976 | Docket: 64553692

Published

(1974), which amended F.S. 104.31(1) (d)3 and created Section 3 of F.S. 104.31.4 Indeed, the significant

Ago

Florida Attorney General Reports | Filed: Jul 8, 1975 | Docket: 3255537

Published

nothing to do with the answer to this question. Section 104.31, F.S., affects all elected public officers

State v. Brown

298 So. 2d 487, 1974 Fla. App. LEXIS 8920

District Court of Appeal of Florida | Filed: Aug 9, 1974 | Docket: 64540553

Published

voting, registration or elections. . . . ’ Section 104.031, relating to making false declarations and

Ago

Florida Attorney General Reports | Filed: May 23, 1974 | Docket: 3258725

Published

answered in the negative. AS TO QUESTION 2: Section 104.31, F.S., which regulates political activities