Fla. Stat. 104.31
Political activities of state, county, and municipal officers and employees


(1)

No officer or employee of the state, or of any county or municipality thereof, except as hereinafter exempted from provisions hereof, shall:Use his or her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person’s vote or affecting the result thereof.Directly or indirectly coerce or attempt to coerce, command, or advise any other officer or employee to pay, lend, or contribute any part of his or her salary, or any money, or anything else of value to any party, committee, organization, agency, or person for political purposes. Nothing in this paragraph or in any county or municipal charter or ordinance shall prohibit an employee from suggesting to another employee in a noncoercive manner that he or she may voluntarily contribute to a fund which is administered by a party, committee, organization, agency, person, labor union or other employee organization for political purposes.Directly or indirectly coerce or attempt to coerce, command, and advise any such officer or employee as to where he or she might purchase commodities or to interfere in any other way with the personal right of said officer or employee.

The provisions of this section shall not be construed so as to prevent any person from becoming a candidate for and actively campaigning for any elective office in this state. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and candidates. The provisions of paragraph (a) shall not be construed so as to limit the political activity in a general, special, primary, bond, referendum, or other election of any kind or nature, of elected officials or candidates for public office in the state or of any county or municipality thereof; and the provisions of paragraph (a) shall not be construed so as to limit the political activity in general or special elections of the officials appointed as the heads or directors of state administrative agencies, boards, commissions, or committees or of the members of state boards, commissions, or committees, whether they be salaried, nonsalaried, or reimbursed for expense. In the event of a dual capacity of any member of a state board, commission, or committee, any restrictive provisions applicable to either capacity shall apply. The provisions of paragraph (a) shall not be construed so as to limit the political activity in a general, special, primary, bond, referendum, or other election of any kind or nature of the Governor, the elected members of the Governor’s Cabinet, or the members of the Legislature. The provisions of paragraphs (b) and (c) shall apply to all officers and employees of the state or of any county or municipality thereof, whether elected, appointed, or otherwise employed, or whether the activity shall be in connection with a primary, general, special, bond, referendum, or other election of any kind or nature.

(a)

Use his or her official authority or influence for the purpose of interfering with an election or a nomination of office or coercing or influencing another person’s vote or affecting the result thereof.

(b)

Directly or indirectly coerce or attempt to coerce, command, or advise any other officer or employee to pay, lend, or contribute any part of his or her salary, or any money, or anything else of value to any party, committee, organization, agency, or person for political purposes. Nothing in this paragraph or in any county or municipal charter or ordinance shall prohibit an employee from suggesting to another employee in a noncoercive manner that he or she may voluntarily contribute to a fund which is administered by a party, committee, organization, agency, person, labor union or other employee organization for political purposes.

(c)

Directly or indirectly coerce or attempt to coerce, command, and advise any such officer or employee as to where he or she might purchase commodities or to interfere in any other way with the personal right of said officer or employee.

(2)

An employee of the state or any political subdivision may not participate in any political campaign for an elective office while on duty.

(3)

Any person violating the provisions of this section is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4)

Nothing contained in this section or in any county or municipal charter shall be deemed to prohibit any public employee from expressing his or her opinions on any candidate or issue or from participating in any political campaign during the employee’s off-duty hours, so long as such activities are not in conflict with the provisions of subsection (1) or s. 110.233.

Source: Section 104.31 — Political activities of state, county, and municipal officers and employees, https://www.­flsenate.­gov/Laws/Statutes/2024/0104.­31 (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

§ 104.31. Pol. activities of state, county, & municipal officers and employees's source at flsenate​.gov