The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS

Chapter 104
ELECTION CODE: VIOLATIONS; PENALTIES

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F.S. 104.39

104.39 Witnesses as to violations.—Any person who violates any provision of this code shall be a competent witness against any other person so violating and may be compelled to attend and testify as any other person. The testimony given shall not be used in any prosecution or criminal proceeding against the person so testifying, except in a prosecution for perjury.

History.—s. 8, ch. 26870, 1951; s. 35, ch. 77-175.

F.S. 104.39 on Google Scholar

F.S. 104.39 on Casetext

Amendments to 104.39

Arrestable Offenses / Crimes under Fla. Stat. 104.39

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 104.39.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MR. P P, M. P. v. WEST HARTFORD BOARD OF EDUCATION, S., 885 F.3d 735 (2nd Cir. 2018)

. . . . §§ 104.31 - 104.39. . . .

RUNNION, a RUNNION, v. GIRL SCOUTS OF GREATER CHICAGO, 786 F.3d 510 (7th Cir. 2015)

. . . . § 104.39; 65 Fed.Reg. 68050, 68051 (Nov. 13, 2000) (explaining application of Act to private schools . . .

MICHELLE K. K. v. PENTUCKET REGIONAL SCHOOL DISTRICT K. v. v., 79 F. Supp. 3d 361 (D. Mass. 2015)

. . . education guaranteed by Section 504 of the Rehabilitation Act, as set forth in 34 CFR §§ 104.31 through 104.39 . . .

DL, v. DISTRICT OF COLUMBIA, A, 713 F.3d 120 (D.C. Cir. 2013)

. . . . §§ 104.32-104.39 as well as 5-E D.C.M.R. § 3002.1(a) (requiring the District to "make a [FAPE] available . . .

P. N. G. N. J. N. v. GRECO, v., 282 F. Supp. 2d 221 (D.N.J. 2003)

. . . . § 104.39. . . .

JOHNSON CONTROLS WORLD SERVICES, INC. v. UNITED STATES,, 48 Fed. Cl. 182 (Fed. Cl. 2000)

. . . The 1978 ETR contract also incorporated by reference ASPR 7-104.39, Interest. . . . 1984 ETR contract also incorporated by reference updated versions of ASPR 7-104.83(a)(5) and ASPR 7-104.39 . . . The Government’s right to interest is governed by ASPR 7-104.39, Interest, which is incorporated by reference . . . Under ASPR 7-104.39, interest accrues at the Treasury rate from the date of written demand by the Government . . .

JOHNSON CONTROLS WORLD SERVICES, INC. v. UNITED STATES,, 43 Fed. Cl. 506 (Fed. Cl. 1999)

. . . The 1978 ETR contract also incorporated by reference ASPR 7-104.39, Interest. . . . 1984 ETR contract also incorporated by reference updated versions of ASPR 7-104.83(a)(5) and ASPR 7-104.39 . . . ASPR 7-104.83(a)(5) accrues from the date of noncompliance and that contract interest under ASPR 7-104.39 . . .

ST. JOHNSBURY ACADEMY, v. D. H. St., 20 F. Supp. 2d 675 (D. Vt. 1998)

. . . . § 104.39. . . .

CALIFORNIA v. ARIZONA, 452 U.S. 431 (U.S. 1981)

. . . S 27°46'57" E 104.39 feet; 670. S 22°20'57// E 205.31 feet; 671. S 20°34/38// E 212.08 feet; 672. . . .

H. P. GORDON, E. L. v. STATE, 104 So. 2d 524 (Fla. 1958)

. . . Sections 932.29 and 104.39, Florida Statutes, F.S.A. . . .

STATE PETERSON, v. WEISSING,, 101 So. 2d 433 (Fla. Dist. Ct. App. 1958)

. . . .-08, 104.39, 542.11 and 635.08, F.S.A, were in full force and effect. . . .

A. F. BUCHANAN v. SINCLAIR OIL GAS COMPANY,, 218 F.2d 436 (5th Cir. 1955)

. . . No. 377 supposed at first to contain 99.95 acres, but later, in January, 1951, determined to contain 104.39 . . . amount assumed to be due after the release of the 13.98 acres and the discovery that the unit contained 104.39 . . . , 12 and 17 of the lease, and since at that time it had not been discovered that the unit contained 104.39 . . . A total consisting of $104.39 for the 104.39 acres in the unit and $543.05 assumed to be the balance . . .

STATE MITCHELL v. KELLY, 71 So. 2d 887 (Fla. 1954)

. . . .; election laws, Section 61, Chapter. 6469, Acts of 1913, now Section 104.39, F.S.1951, F.S. . . .

A. F. BUCHANAN v. SINCLAIR OIL GAS COMPANY, 126 F. Supp. 950 (S.D. Tex. 1953)

. . . January 1951, an amendment was filed to reflect the fact that the included acreage actually contained 104.39 . . . Deducting from this the 104.39 acres incorporated in the Buchanan Unit left 543.05 acres outside the . . . Plaintiffs’ first proposition is that the payment of $99.95 (instead of $104.39) gas royalty on June . . . requirements and it, therefore, terminated; first, because $1.00 per acre shut-in royalty was due on 104.39 . . . the unit (payment of $543.05 on March 22, 1951) or as to the 104'39 acres in the unit (payment of $104.39 . . .

In KEESHIN FREIGHT LINES,, 86 F. Supp. 439 (N.D. Ill. 1949)

. . . Operating Percentage Percentage Ratio of Profit of Loss 1936 117.08% 17.08% 1937 111.56% 11.56% 1938 104.39% . . .

K W. St., 13 Cust. Ct. 273 (Cust. Ct. 1944)

. . . subtracted from $187.50, and duty was assessed upon the balance, $173.98, at 60 percent ad valorem, or $104.39 . . .

WESTERN RY. OF ALABAMA v. RAILROAD COMMISSION OF ALABAMA CENTRAL OF GEORGIA RY. CO. v. SAME, 197 F. 954 (M.D. Ala. 1912)

. . . The total mileage of the lines operated under lease in Alabama is 104.39 miles, which with the owned . . .