Fla. Stat. 104.271
False or malicious charges against, or false statements about, opposing candidates; penalty

(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.

Source: Section 104.271 — False or malicious charges against, or false statements about, opposing candidates; penalty, https://www.­flsenate.­gov/Laws/Statutes/2024/0104.­271 (accessed Aug. 7, 2025).

104.11
Neglect of duty by sheriff or other officer 104.011
False swearing 104.012
Consideration for registration 104.13
Intermingling ballots 104.013
Unauthorized use, possession, or destruction of voter information card 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 104.19
Using stickers or rubber stamps or carrying certain items in voting booth 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 104.29
Inspectors refusing to allow watchers while ballots are counted 104.30
Voting system 104.031
False declaration to secure assistance in preparing ballot 104.31
Political activities of state, county, and municipal officers and employees 104.32
Supervisor of elections 104.39
Witnesses as to violations 104.041
Fraud in connection with casting vote 104.41
Violations not otherwise provided for 104.42
Fraudulent registration and illegal voting 104.43
Grand juries 104.045
Vote selling 104.047
Vote-by-mail ballots and voting 104.051
Violations 104.061
Corruptly influencing voting 104.071
Remuneration by candidate for services, support, etc. 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 104.155
Unqualified noncitizen electors willfully voting 104.185
Petitions 104.186
Initiative petitions 104.187
Initiative petitions 104.271
False or malicious charges against, or false statements about, opposing candidates 104.0515
Voting rights 104.0615
Voter intimidation or suppression prohibited 104.0616
Vote-by-mail ballots and voting 104.2715
False representations of military service

Current through Fall 2025

§ 104.271. False or malicious charges against, or false statements about, opposing candidates; penalty's source at flsenate​.gov