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Florida Statute 104.41 - Full Text and Legal Analysis Florida Statute 104.41 | Lawyer Caselaw & Research
Fla. Stat. § 104.41 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
104.41 Violations not otherwise provided for.Any violation of this code not otherwise provided for is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 8, ch. 26870, 1951; s. 61, ch. 71-136; s. 35, ch. 77-175.

Arrestable Offenses under F.S. 104.41

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§104.41ELECTION LAWSVIOLATION OF ELECTION CODEM · 1st

Cases Citing F.S. 104.41

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·Firestone v. News-Press Pub. Co., Inc., 538 So. 2d 457 (Fla. 1989).

Cited 30 times | Published | Supreme Court of Florida | 1989 WL 9192

...However, the sheriff, a deputy sheriff, or a city policeman may enter the polling place with permission from the clerk or a majority of the inspectors. Such restrictions shall not apply to commercial businesses or privately owned homes and property which are within 50 feet of the polling place. Section 104.41, Florida Statutes (1985), made violations of section 101.121 a first-degree misdemeanor, punishable by a fine of up to $1,000 and up to one year in jail....
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Cited as authority(citing case) (2016)
phrase: "rule_authority"
Cited as authority(citing case) (2016)
phrase: "rule_authority"
Cited as authority(citing case) (2014)
phrase: "rule_authority"
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·Russ v. State, 832 So. 2d 901 (Fla. 1st DCA 2002).

Cited 10 times | Published | Florida 1st District Court of Appeal | 2002 WL 31833714

by elector Ward (Count IV), in violation of section 104.041, Florida Statutes (1999). Given the nature
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Limited(citing case) (2019)
phrase: "limited by"
LimitedMcCray (2006)
phrase: "limited by"
Cited as authority(citing case) (2018)
phrase: "rule_authority"
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·State v. Grassi, 532 So. 2d 1055 (Fla. 1988).

Cited 9 times | Published | Supreme Court of Florida | 1988 WL 103840

...83). Section 99.032 requires that "[a] candidate for the office of county commissioner shall, at the time he *1056 qualifies, be a resident of the district from which he qualifies," (emphasis added), violation of which is a first-degree misdemeanor, section 104.41, Florida Statutes (1983)....
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Cited as authority(citing case) (2016)
phrase: "rule_authority"
Cited as authorityNorman (2010)
phrase: "rule_authority"
ReaffirmedCook (2000)
phrase: "reaffirmed by"
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·Trushin v. State, 384 So. 2d 668 (Fla. 3d DCA 1980).

Cited 4 times | Published | Florida 3rd District Court of Appeal

considering another provision of Chapter 104, Section 104.041, Florida Statutes (1971), which forbids fraudulent
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Cited as authorityAlexander (1984)
phrase: "rule_authority"
Cited as authorityCioli (1984)
phrase: "rule_authority"
Cited as authorityTrushin (1982)
phrase: "rule_authority"
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·Schwarz v. Villages Charter Sch., Inc., 165 F. Supp. 3d 1153 (M.D. Fla. 2016).

Cited 1 times | Published | District Court, M.D. Florida | 2016 U.S. Dist. LEXIS 24526, 2016 WL 787934

...cluding postsecondary vocational education programs or activities, that receive Federal financial assistance and to recipients that operate, or that receive Federal financial assistance for the operation of, such programs or activities.” 34 C.F.R. § 104.41 ....
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Cited as authorityMomanyi (2024)
phrase: "rule_authority"
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News-Press Pub. Co., Inc. v. Firestone, 527 So. 2d 223 (Fla. 2d DCA 1988).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 1988 WL 42226

...The 1985 Florida Legislature amended section 101.121, Florida Statutes, to prohibit nonvoters from coming within fifty feet of an open polling place and to exempt commercial businesses and privately owned property from this restriction. [1] The statute previously had prohibited general access within fifteen feet. Section 104.41, Fla....
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·News-Press Publ'g Co. v. Firestone, 527 So. 2d 223 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 1085, 15 Media L. Rep. (BNA) 1663, 1988 Fla. App. LEXIS 1791

...The 1985 Florida Legislature amended section 101.121, Florida Statutes, to prohibit nonvoters from coming within fifty feet of an open polling place and to exempt commercial businesses and privately owned property from this restriction. 1 The statute previously had prohibited general access within fifteen feet. Section 104.41, Fla.Stat....
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Cited as authorityFirestone (1989)
phrase: "rule_authority"
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State v. Brown, 298 So. 2d 487 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8920

general wording ‘ . . .in any election. . . . ’ Section 104.041, relating to fraud in connection with casting
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United States v. Bd. of Trs. for the Univ. of Alabama, 908 F.2d 740 (11th Cir. 1990).

Published | Court of Appeals for the Eleventh Circuit | 1990 WL 102337

...Subpart E of the regulations applies specifically to “postsec-ondary education programs and activities, including postsecondary vocational education programs and activities, that receive or benefit from Federal financial assistance. ...” 34 C.F.R. § 104.41 (1989)....
...“Special” students are those enrolled in non-credit or non-degree programs, which are operated through UAB’s Division of Special Studies. Sub-part E of the HEW regulations apply to “postsecondary education programs and activities ... that receive or benefit from Federal financial assistance....” 34 C.F.R. § 104.41 (1989)....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.