(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.
History.—s. 44, ch. 28156, 1953; s. 48, ch. 71-136; s. 27, ch. 77-104; s. 35, ch. 77-175; s. 1, ch. 85-210; s. 627, ch. 95-147; s. 44, ch. 97-13.
Structure Florida Statutes
Title IX - Electors and Elections
Chapter 104 - Election Code: Violations; Penalties
104.013 - Unauthorized Use, Possession, or Destruction of Voter Information Card.
104.031 - False Declaration to Secure Assistance in Preparing Ballot.
104.041 - Fraud in Connection With Casting Vote.
104.047 - Vote-by-Mail Ballots and Voting; Violations.
104.051 - Violations; Neglect of Duty; Corrupt Practices.
104.0515 - Voting Rights; Deprivation Of, or Interference With, Prohibited; Penalty.
104.061 - Corruptly Influencing Voting.
104.0615 - Voter Intimidation or Suppression Prohibited; Criminal Penalties.
104.0616 - Vote-by-Mail Ballots and Voting; Violations.
104.071 - Remuneration by Candidate for Services, Support, etc.; Penalty.
104.081 - Threats of Employers to Control Votes of Employees.
104.091 - Aiding, Abetting, Advising, or Conspiring in Violation of the Code.
104.101 - Failure to Assist Officers at Polls.
104.11 - Neglect of Duty by Sheriff or Other Officer.
104.13 - Intermingling Ballots.
104.15 - Unqualified Electors Willfully Voting.
104.16 - Voting Fraudulent Ballot.
104.17 - Voting in Person After Casting Vote-by-Mail Ballot.
104.18 - Casting More Than One Ballot at Any Election.
104.186 - Initiative Petitions; Violations.
104.187 - Initiative Petitions; Registration.
104.19 - Using Stickers or Rubber Stamps or Carrying Certain Items in Voting Booth; Penalty.
104.20 - Ballot Not to Be Seen, and Other Offenses.
104.21 - Changing Electors’ Ballots.
104.22 - Stealing and Destroying Records, etc., of Election.
104.23 - Disclosing How Elector Votes.
104.24 - Penalty for Assuming Name.
104.26 - Penalty for Destroying Ballot or Booth, Etc.
104.2715 - False Representations of Military Service; Penalty.
104.29 - Inspectors Refusing to Allow Watchers While Ballots Are Counted.
104.30 - Voting System; Unlawful Possession; Tampering.
104.31 - Political Activities of State, County, and Municipal Officers and Employees.
104.32 - Supervisor of Elections; Delivery of Books to Successor.
104.39 - Witnesses as to Violations.
104.41 - Violations Not Otherwise Provided For.
104.42 - Fraudulent Registration and Illegal Voting; Investigation.