Florida Statute 104.011 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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104.011 False swearing; submission of false voter registration information; prosecution prohibited.—

(1) A person who willfully swears or affirms falsely to any oath or affirmation, or willfully procures another person to swear or affirm falsely to an oath or affirmation, in connection with or arising out of voting or elections commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) A person who willfully submits any false voter registration information commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A person may not be charged or convicted for a violation of this section for affirming that he or she has not been convicted of a felony or that, if convicted, he or she has had voting rights restored, if such violation is alleged to have occurred on or after January 8, 2019, but before July 1, 2019.

History.—s. 15, ch. 14715, 1931; CGL 1936 Supp. 8202(6); s. 8, ch. 26870, 1951; s. 19, ch. 71-136; s. 33, ch. 77-175; s. 38, ch. 94-224; s. 31, ch. 97-13; s. 26, ch. 2019-162.

F.S. 104.011 on Google Scholar

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Amendments to 104.011

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 104.011

Level: Degree
Misdemeanor/Felony: First/Second/Third

S104.011 - PERJURY - RENUMBERED. SEE REC # 8755 - F: T

S104.011 - FRAUD - RENUMBERED. SEE REC # 8756 - F: T

S104.011 1 - PERJURY - FALSE SWEAR OATH AFFIRM OR PROCURE ANOTHER FOR - F: T

S104.011 2 - FRAUD - SUBMIT FALSE VOTER REGISTRATION OR INFORMATION - F: T

Cases Citing Statute 104.011

Total Results: 13 | Sort by: Relevance | Newest First

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Clean-Up '84 v. Heinrich, 582 F. Supp. 125 (M.D. Fla. 1984).

Cited 11 times | Published | District Court, M.D. Florida

their duties relating to elections. Fla.Stat. § 104.11. Other portions of the code reveal that the election

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Russ v. State, 832 So. 2d 901 (Fla. 1st DCA 2002).

Cited 10 times | Published | Florida 1st District Court of Appeal | 2002 WL 31833714

...lorida Statutes (1999); 3) by false swearing between February 1 and March 11, 1999, by procuring Onterrio Ward to swear or affirm falsely to an oath or affirmation in connection with or arising out of voting or elections (Count III), in violation of section 104.011, Florida Statutes (1999); and 4) by committing fraud in connection with casting a vote on March 11, 1999, by perpetrating, attempting to perpetrate, or aiding in the perpetration of fraud in connection with a vote cast, to be cast, or...

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Maloney v. Kirk, 212 So. 2d 609 (Fla. 1968).

Cited 9 times | Published | Supreme Court of Florida

the legislature has enacted many statutes. "Section 104.11, Florida Statutes, defines as a felony the

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League of Women Voters v. Browning, 863 F. Supp. 2d 1155 (N.D. Fla. 2012).

Cited 4 times | Published | District Court, N.D. Florida | 2012 U.S. Dist. LEXIS 91432

the law; the form is just wrong. See Fla. Stat. § 104.011 (2011) (making it a crime to “willfully” submit

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In Re Cone Constructors, Inc., 265 B.R. 302 (Bankr. M.D. Fla. 2001).

Cited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 331, 2001 Bankr. LEXIS 985, 2001 WL 881214

by the Bankruptcy Act and that § 64, 11 U.S.C. § 104, 11 U.S.C.A. § 104, which prescribes priorities for

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Kelvin Leon Jones v. Governor of Florida (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

voter registration information,” Fla. Stat. § 104.011(2), or to “willfully vote[] at any election”

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Kelvin Leon Jones v. Governor of Florida (11th Cir. 2020).

Published | Court of Appeals for the Eleventh Circuit

voter registration information,” Fla. Stat. § 104.011(2), or to “willfully vote[] at any election”

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State v. Parsons, 302 So. 2d 766 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8468

Defendant, Appellee herein, was charged under Section 104.011, Florida Statutes, with false swearing by taking

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The State of Florida v. Ronald Lee Miller (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

011(1) and 104.15 of the Florida Statutes. Section 104.011(1) reads in relevant part as follows: “A person

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State of Florida v. Terry Hubbard (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

affirmation in connection with an election under section 104.011(1), Florida Statutes (2020), and voting by

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State of Florida v. Peter Washington, Jr. (Fla. 6th DCA 2025).

Published | Florida 6th District Court of Appeal

application for voter registration in violation of section 104.011(1), and voting by an unqualified elector in

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State of Florida v. Peter Washington, Jr. (Fla. 6th DCA 2025).

Published | Florida 6th District Court of Appeal

application for voter registration in violation of section 104.011(1), and voting by an unqualified elector in

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State v. Brown, 298 So. 2d 487 (Fla. Dist. Ct. App. 1974).

Published | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8920

to be limited to state or county elections. Section 104.011, relating to false swearing or procurement

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