Florida Statutes Title IX. Electors and Elections § 104.271. False or malicious charges against, or false statements about, opposing candidates;  penalty

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(1) Any candidate who, in a primary election or other election, willfully charges an opposing candidate participating in such election with a violation of any provision of this code, which charge is known by the candidate making such charge to be false or malicious, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083 and, in addition, after conviction shall be disqualified to hold office.

(2) Any candidate who, in a primary election or other election, with actual malice makes or causes to be made any statement about an opposing candidate which is false is guilty of a violation of this code.  An aggrieved candidate may file a complaint with the Florida Elections Commission pursuant to s. 106.25.  The commission shall adopt rules to provide an expedited hearing of complaints filed under this subsection.  Notwithstanding any other provision of law, the commission shall assess a civil penalty of up to $5,000 against any candidate found in violation of this subsection, which shall be deposited to the account of the General Revenue Fund of the state.

Cite this article: FindLaw.com - Florida Statutes Title IX. Electors and Elections § 104.271. False or malicious charges against, or false statements about, opposing candidates;  penalty - last updated January 01, 2019 | https://codes.findlaw.com/fl/title-ix-electors-and-elections/fl-st-sect-104-271.html


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard