(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.
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.
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