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Florida Statute 104.071 | Lawyer Caselaw & Research
F.S. 104.071 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 104.071

The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES
View Entire Chapter
F.S. 104.071
104.071 Remuneration by candidate for services, support, etc.; penalty.
(1) It is unlawful for any person supporting a candidate, or for any candidate, in order to aid or promote the nomination or election of such candidate in any election, directly or indirectly to:
(a) Promise to appoint another person, promise to secure or aid in securing appointment, nomination or election of another person to any public or private position, or to any position of honor, trust, or emolument, except one who has publicly announced or defined what his or her choice or purpose in relation to any election in which he or she may be called to take part, if elected.
(b) Give, or promise to give, pay, or loan, any money or other thing of value to the owner, editor, publisher, or agent, of any communication media, as well as newspapers, to advocate or oppose, through such media, any candidate for nomination in any election or any candidate for election, and no such owner, editor, or agent shall give, solicit, or accept such payment or reward. It shall likewise be unlawful for any owner, editor, publisher, or agent of any poll-taking or poll-publishing concern to advocate or oppose through such poll any candidate for nomination in any election or any candidate for election in return for the giving or promising to give, pay, or loan any money or other thing of value to said owner, editor, publisher, or agent of any poll-taking or poll-publishing concern.
(c) Give, pay, expend, or contribute any money or thing of value for the furtherance of the candidacy of any other candidate.
(d) Furnish, give, or deliver to another person any money or other thing of value for any purpose prohibited by the election laws.

This subsection shall not prohibit a candidate from furnishing complimentary tickets to the candidate’s campaign fund raiser to other candidates.

(2) A candidate may give his or her own personal or business funds to another candidate, so long as the contribution is not given in exchange for a promise or expectation that the recipient will directly or indirectly do anything to aid or promote the candidacy of the contributor which the recipient would not have otherwise done.
(3) Any person who violates any provision of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083, and from and after conviction shall be disqualified to hold office.
History.s. 8, ch. 26870, 1951; s. 2, ch. 65-379; s. 26, ch. 71-136; s. 35, ch. 77-175; s. 52, ch. 79-400; s. 33, ch. 89-338; s. 617, ch. 95-147.

F.S. 104.071 on Google Scholar

F.S. 104.071 on Casetext

Amendments to 104.071


Arrestable Offenses / Crimes under Fla. Stat. 104.071
Level: Degree
Misdemeanor/Felony: First/Second/Third

S104.071 1a - BRIBE-GIVING - GIVE EMPLOYMENT MONEY ETC TO SUPPORT CANDIDATE - F: T
S104.071 1a - BRIBE-OFFERING - OFFER EMPLOYMENT MONEY ETC SUPPORT CANDIDATE - F: T
S104.071 1b - BRIBE-RECEIVING - COMML MEDIA ACCEPT FROM CANDIDATE - F: T
S104.071 1c - ELECTION LAWS - CONTRIBUTE TO FURTHER OPPOSING CANDIDATE - F: T
S104.071 1d - ELECTION LAWS - CANDIDATE GIVE VALUABLE VIOLATE ELECTION LAW - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

J. A. MALONEY, v. R. KIRK, Jr., 212 So. 2d 609 (Fla. 1968)

. . . Sections 104.071 and 104.271 each suggest that convictions for violations thereof will disqualify a prospective . . . In this respect it is interesting to compare §§ 104.071 and 104.271 of the Election Code with the penalty . . . Sections 104.071 and 104.271 each provide that any candidate found guilty of violating the provisions . . .