Florida Statute 104.31 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.31

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.

F.S. 104.31 on Google Scholar

F.S. 104.31 on Casetext

Amendments to 104.31

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

Annotations, Discussions, Cases:

Cases Citing Statute 104.31

Total Results: 20

Wills v. FLORIDA ELECTIONS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-04T00:53:00-07:00

Citation: 955 So. 2d 61

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

Fugate v. FLORIDA ELECTIONS COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 2006-02-22T23:53:00-08:00

Citation: 924 So. 2d 74

Snippet: technically violated section 104.31(1)(a), appellant did not intend to violate section 104.31(1)(a), and therefore…charged with "willfully" violating section 104.31(1)(a), Florida Statutes (2003), which forbids a…to appellant's alleged violation of section 104.31(1)(a). Appellant also contends that the Commission…appellant did not "willfully" violate section 104.31(1)(a) is supported by CSE. The evidentiary facts

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Court: Fla. Att'y Gen. | Date Filed: 1984-02-08T23:53:00-08:00

Snippet: in interpreting the provisions of s 104.31, concluded that s 104.31(1)(a) should be construed so as to …provision been brought to my attention. In fact, s 104.31, F.S., the so-called Little Hatch Act, indicates…resulting thereof;" s104.31(1)(a) [see also, s 104.31(1)(b)], the statute goes on to state that the prohibition…however, did not, per se or standing alone, violate s 104.31(1)(a) since such conduct did not itself evince … within the scope of activities prohibited by s 104.31(1)(a). Compare, 5 U.S.C. § 1502(a) the

STATE, COM'N ON ETHICS v. Sullivan

Court: Fla. Dist. Ct. App. | Date Filed: 1983-04-18T23:53:00-08:00

Citation: 430 So. 2d 928

Snippet: section shall not be construed to conflict with s. 104.31. The prohibition against misuse of public office

Metropolitan Dade County v. Santos

Court: Fla. Dist. Ct. App. | Date Filed: 1983-04-11T23:53:00-08:00

Citation: 430 So. 2d 506

Snippet: court was concerned only with sec. 104.31(3). Apparently, sec. 104.31(1) was considered so obviously not… invalidly in "conflict" with Section 104.31(1), Fla. Stat. (1981), the "Little Hatch Act…this definition does not apply here. While Sec. 104.31(1) indeed provides that nothing in that statute… not at all impinge upon the provisions of Sec. 104.31(1). Since the two patently may "co-exist"…notice). The propriety of the conclusion that Sec. 104.31(1) does not abrogate the Charter provision before

Tenney v. STATE COM'N ON ETHICS

Court: Fla. Dist. Ct. App. | Date Filed: 1981-03-24T23:53:00-08:00

Citation: 395 So. 2d 1244

Snippet: section shall not be construed to conflict with s. 104.31. After its staff had conducted an investigation

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Court: Fla. Att'y Gen. | Date Filed: 1980-04-16T23:53:00-08:00

Snippet: provisions of s. 104.31, F. S., appear to compel a different conclusion. Section 104.31, Florida's …prohibits certain types of political activity, see s. 104.31(1)(a), (b), and (c), its provisions do not prevent…campaigning for any elective office in the state. Section 104.31 provides in pertinent part: All such persons…employees would not appear to be prohibited by s.104.31, F. S., from serving as members of county or state…party executive committees, subsection (3) of s. 104.31 provides that `[n]othing contained in this section

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Court: Fla. Att'y Gen. | Date Filed: 1979-09-11T00:53:00-07:00

Snippet: consulted for any relevant local requirements. Cf. ss. 104.31(1) and (3) and 110.092(4), F. S., and Rule 6C-5.15

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Court: Fla. Att'y Gen. | Date Filed: 1978-11-27T23:53:00-08:00

Snippet: result thereof in violation of s. 104.31(1)(a), F. S.? SUMMARY: Section 104.31(1)(a), F. S., does not prohibit…the provisions of s. 104.31(1)(a), F. S., by the provisions of what is now s.104.31(1)(c), F. S. Accordingly…activities prohibited by s. 104.31(1)(a). Moreover, I am of the view that s. 104.31(1)(a), F. S., as construed…affecting the result of the election. Moreover, s. 104.31(1)(c), F. S., exempts such conduct as `political…exempted elective officials from the operation of s. 104.31(1)(a), F. S. Your letter advises that your inquiry

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Court: Fla. Att'y Gen. | Date Filed: 1977-03-27T23:53:00-08:00

Snippet: that s. 104.31, supra, is applicable to employees of a community college district, s.104.31(1)(c) provides…community college district board of trustees. Section 104.31(1), F. S., does not operate to bar such employee…raised by your letter, it should be noted that s. 104.31, F. S., the `Little Hatch Act,' which regulates

Resedean v. Civil Service Board of Pensacola

Court: Fla. Dist. Ct. App. | Date Filed: 1976-05-14T00:00:00-07:00

Citation: 332 So. 2d 150

Snippet: 1974), which amended F.S. 104.31(1) (d)3 and created Section 3 of F.S. 104.31.4 Indeed, the significant…1, Special Acts. . F.S. 104.31(1) (d) provides, in pertinent part: “104.31 Political activities of state…appellant’s position, but for the fact that F.S. 104.31(3) (1975) states that “nothing contained in this…repealed to the extent of its inconsistency with § 104.31(3), F.S.1975. The question before us is not precisely…militate against stretching the 1974 amendment of § 104.31 to abolish municipal prohibitions of employee candidacies

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Court: Fla. Att'y Gen. | Date Filed: 1975-07-08T00:53:00-07:00

Snippet: Does Ch. 74-13, Laws of Florida, which amends s.104.31, F.S., have the effect of preempting or prohibiting…judicial or legislative action, the amendment of s. 104.31, F.S., effected by Ch. 74-13, Laws of Florida, …resolved on a case-by-case basis. As you are aware, s. 104.31, F.S. — Florida's "Little Hatch…Laws of Florida, creates a new subsection (3) of s.104.31, F.S., which provides: Nothing contained in this…legislative or judicial action, the amendment of s. 104.31, F.S., effected by Ch. 74-13, supra, should be

State v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 1974-08-09T00:00:00-07:00

Citation: 298 So. 2d 487

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

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Court: Fla. Att'y Gen. | Date Filed: 1974-05-23T00:53:00-07:00

Snippet: answered in the negative. AS TO QUESTION 2: Section 104.31, F.S., which regulates political activities of …which took effect upon becoming a law, amended s. 104.31, F.S., by adding a new subsection (3), which reads

City of Miami v. Sterbenz

Court: Fla. | Date Filed: 1967-10-11T00:53:00-07:00

Citation: 203 So. 2d 4

Snippet: Mitchell, D.C., 56 F. Supp. 621. See also F.S. Sec. 104.31, F.S.A.; State v. Stuler, Fla. 1960, 122 So.2d

Lerer v. Arvida Realty Company

Court: Fla. Dist. Ct. App. | Date Filed: 1961-11-02T23:53:00-08:00

Citation: 134 So. 2d 798

Snippet: Tournier v. C.B. Snyder Realty Co., 130 N.J.L. 104, 31 A.2d 492, 493. In Florida the theory that a broker

Jones v. Board of Control

Court: Fla. | Date Filed: 1961-06-23T00:53:00-07:00

Citation: 131 So. 2d 713

Snippet: to the legislative policy suggested by Section 104.31(1)(c), Florida Statutes, F.S.A. Chapter 104, Florida…violations and prescribes penalties therefor. Section 104.31, supra, condemns certain types of political activities…ourselves, have sustained the validity of Section 104.31, Florida Statutes, F.S.A., which places restrictions

State v. Stuler

Court: Fla. | Date Filed: 1960-07-13T00:53:00-07:00

Citation: 122 So. 2d 1

Snippet: charging appellee Stuler with a violation of Section 104.31, Florida Statutes, F.S.A. Our conclusion must turn…above-cited statute. *2 The pertinent part of Section 104.31, Florida Statutes, F.S.A., provides: "Political… in 1958, contrary to the provisions of Section 104.31, Florida Statutes, 1957." Stuler pleaded not…coercion or compulsion was not required. Section 104.31, Florida Statutes, F.S.A., supra, like most of

Knott v. Morris, as Successor Trustee

Court: Fla. | Date Filed: 1931-03-28T00:00:00-08:00

Citation: 134 So. 615, 101 Fla. 1299

Snippet: . 1146; Noble State Bank vs. Haskell, 219 U.S. 104, 31 Sup. Ct. Rep. 186, 55 L.Ed. 112; Title Guaranty

Atlantic Coast Line Railroad v. City of Gainesville

Court: Fla. | Date Filed: 1922-02-22T00:00:00-08:00

Citation: 83 Fla. 275, 29 A.L.R. 668, 91 So. 118, 1922 Fla. LEXIS 551

Snippet: opinion.” Noble State Bank v. Haskell, 219 U. S. 104, 31 Sup. Ct. Rep. 186. It is not authority for the