(1) A candidate who, in a primary or other election, falsely represents, directly or indirectly, that he or she served or is currently serving in the military, whether active duty, reserve, or National Guard, commits a violation of the Florida Election Code.
(2) Any person may file a complaint with the Florida Elections Commission pursuant to s. 106.25 alleging a violation of subsection (1).
(3) The commission shall adopt rules to provide an expedited hearing of complaints filed under subsection (2), or, in cases referred to the Division of Administrative Hearings pursuant to s. 106.25(5), the director shall assign an administrative law judge to provide an expedited hearing.
(4) Notwithstanding any other law, the commission or administrative law judge shall assess a civil penalty of up to $5,000 against any candidate who is found to have violated subsection (1), which shall be deposited into the General Revenue Fund.
History.—s. 1, ch. 2011-148.
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.