Florida Statutes

Fla. Stat. § 106.1439 (2025)

Electioneering communications; disclaimers.

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106.1439 Electioneering communications; disclaimers.—

(1) Any electioneering communication, other than a text message or a telephone call, must prominently state: “Paid electioneering communication paid for by (Name and address of person paying for the communication) .”

(2) Any person who fails to include the disclaimer prescribed in this section in any electioneering communication that is required to contain such disclaimer commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 7, ch. 2004-252; s. 28, ch. 2010-167; ss. 19, 30, ch. 2011-6; HJR 7105, 2011 Regular Session; s. 4, ch. 2021-49.

Arrestable Offenses under F.S. 106.1439

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§106.1439ELECTION LAWSFAIL TO INCLUDE ELECTIONEERING DISCLAIMERM · 1st

Notes of Decisions

Cited in 4 cases, 2008–2018 · leading case: Guetzloe v. State, 980 So. 2d 1145 (Fla. 5th DCA 2008).

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Guetzloe v. State, 980 So. 2d 1145 (Fla. 5th DCA 2008). · cites it 15× “Douglas Guetzloe appeals the denial of two motions to dismiss an amended information charging Guetzloe with 14 counts of violating section 106.1439, Florida Statutes (2004), Florida's Electioneering Communication Statute.”

Friends of Queen v. Hise, 735 S.E.2d 229 (N.C. Ct. App. 2012). “3 (2011) (establishing civil and criminal penalties, enforceable by the State Board of Elections, to be paid to the state), Fla. Stat. § 106.1439 (2008) (making election law violations misdemeanors), 10 Ill.”

Armas v. State, 250 So. 3d 817 (Fla. 5th DCA 2018). · cites it 2× “§ 106.1439, Fla. Stat. (2004). This exception under section 775.”

Reidel E. Armas v. State (Fla. 5th DCA 2018). · cites it 2× “Simply put, manufacturing of cannabis and possession of cannabis with intent to manufacture are 4 § 106.1439, Fla. Stat. (2004). 6 separate offenses under section 775.”

— 106.1439(1) — 1 case

Guetzloe v. State, 980 So. 2d 1145 (Fla. 5th DCA 2008). “Douglas Guetzloe appeals the denial of two motions to dismiss an amended information charging Guetzloe with 14 counts of violating section 106.1439, Florida Statutes (2004), Florida's Electioneering Communication Statute.”

— 106.1439(2) — 1 case

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