reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XLVI - Crimes › Chapter 870 - Affrays; Riots; Routs; Unlawful Assemblies › 870.046 - Filing and Publication.

870.046 Filing and publication.—Any state of emergency or emergency measure declared or ordered and promulgated by virtue of the terms of ss. 870.041-870.045 shall, as promptly as practicable, be filed in the office of the municipal clerk or clerk of the circuit court and delivered to appropriate news media for publication and radio and television broadcast thereof. If practicable, such state of emergency declaration or emergency measure shall be published by other means such as by posting and loudspeakers.
History.—s. 7, ch. 70-990.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 870 - Affrays; Riots; Routs; Unlawful Assemblies › 870.047 - Duration and Termination of Emergency.

870.047 Duration and termination of emergency.—A state of emergency established under ss. 870.041-870.046 shall commence upon the declaration thereof by the public official and shall terminate at the end of a period of 72 consecutive hours thereafter unless, prior to the end of such 72-hour period, the public official, the Governor, county commission, or city council shall have terminated such state of emergency. Any extension of the 72-hour time limit must be accomplished by request from the public official and the concurrence of the county commission or city council by duly enacted ordinance or resolution in regular or special session.
History.—s. 8, ch. 70-990.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 870 - Affrays; Riots; Routs; Unlawful Assemblies › 870.048 - Violations.

870.048 Violations.—Any violation of a provision of ss. 870.041-870.047 or of any emergency measure established pursuant thereto shall be a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 9, ch. 70-990; s. 1128, ch. 71-136.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 870 - Affrays; Riots; Routs; Unlawful Assemblies › 870.05 - When Killing Excused.

870.05 When killing excused.—If, by reason of the efforts made by any of said officers or by their direction to disperse such assembly, or to seize and secure the persons composing the same, who have refused to disperse, any such person or other person present is killed or wounded, the said officers and all persons acting by their order or under their direction, shall be held guiltless and fully justified in law; and if any of said officers or any person acting under or by their direction is killed or wounded, all persons so assembled and all other persons present who when commanded refused to aid and assist said officer shall be held answerable therefor.
History.—s. 6, ch. 1637, 1868; RS 2410; GS 3243; RGS 5076; CGL 7178.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 870 - Affrays; Riots; Routs; Unlawful Assemblies › 870.06 - Unauthorized Military Organizations.

870.06 Unauthorized military organizations.—No body of persons, other than the regularly organized land and naval militia of this state, the troops of the United States, and the students of regularly chartered educational institutions where military science is a prescribed part of the course of instruction, shall associate themselves together as a military organization for drill or parade in public with firearms, in this state, without special license from the Governor for each occasion, and application for such license must be approved by the mayor and aldermen of the cities and towns where such organizations may propose to parade. Each person unlawfully engaging in the formation of such military organization, or participating in such drill or parade, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 15, ch. 1466, 1866; RS 2411; s. 10, ch. 5202, 1903; GS 3246; RGS 5077; CGL 7179; s. 1129, ch. 71-136; s. 1403, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 870 - Affrays; Riots; Routs; Unlawful Assemblies › 870.07 - Affirmative Defense in Civil Action; Party Convicted of Riot.

870.07 Affirmative defense in civil action; party convicted of riot.—
(1) In a civil action for damages for personal injury, wrongful death, or property damage, it is an affirmative defense that such action arose from an injury or damage sustained by a participant acting in furtherance of a riot. The affirmative defense authorized by this section shall be established by evidence that the participant has been convicted of a riot or an aggravated riot prohibited under s. 870.01, or by proof of the commission of such crime by a preponderance of the evidence.
(2) In a civil action in which a defendant raises an affirmative defense under this section, the court must, on motion by the defendant, stay the action during the pendency of a criminal action that forms the basis for the defense, unless the court finds that a conviction in the criminal action would not form a valid defense under this section.
History.—s. 18, ch. 2021-6.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 871 - Disturbing Religious and Other Assemblies › 871.01 - Disturbing Schools and Religious and Other Assemblies.

871.01 Disturbing schools and religious and other assemblies.—
(1)(a) Whoever willfully and maliciously interrupts or disturbs any school or any assembly of people met for the worship of God, any assembly of people met for the purpose of acknowledging the death of an individual, or for any other lawful purpose commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) If a person commits a violation of paragraph (a) and in doing so makes a credible threat, as that term is defined in s. 784.048(1), he or she commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) If the penalty for a violation of this subsection is reclassified under s. 775.085, such a violation is considered a hate crime for purposes of the reporting requirements of s. 877.19.
(2) Whoever willfully interrupts or disturbs any assembly of people met for the purpose of acknowledging the death of an individual with a military funeral honors detail pursuant to 10 U.S.C. s. 1491 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 19, 21, 22, ch. 1637, 1868; RS 2627, 2629, 2630; GS 3547; s. 1, ch. 5719, 1907; RGS 5448; CGL 7591; s. 1130, ch. 71-136; s. 1, ch. 2006-264; s. 5, ch. 2023-24.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 871 - Disturbing Religious and Other Assemblies › 871.015 - Unlawful Protests.

871.015 Unlawful protests.—
(1) As used in this section, the term:
(a) “Funeral or burial” means a service or ceremony offered or provided in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated human remains.
(b) “Funeral procession” has the same meaning as provided in s. 316.1974.
(c) “Protest activities” means any action, including picketing, which is undertaken with the intent to interrupt or disturb a funeral or burial.
(2) A person may not knowingly engage in protest activities or knowingly cause protest activities to occur within 500 feet of the property line of a residence, cemetery, funeral home, house of worship, or other location during or within 1 hour before or 1 hour after the conducting of a funeral or burial at that place. This subsection does not prohibit protest activities that occur adjacent to that portion of a funeral procession which extends beyond 500 feet of the property line of the location of the funeral or burial.
(3) A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 2013-19; s. 166, ch. 2014-17.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 871 - Disturbing Religious and Other Assemblies › 871.02 - Indictments or Informations for Disturbing Assembly.

871.02 Indictments or informations for disturbing assembly.—The several grand juries of this state in their respective counties may return indictments or the several state attorneys of the state in their respective circuits may file information against all persons violating s. 871.01, and such indictments or informations, when filed with the clerk of the circuit court in the county where such offense is alleged to have been committed, shall be forthwith certified by the clerk to some court in the county having jurisdiction to try and determine such charge, and said court to which such indictment or information is certified shall proceed to try and determine such charge upon such indictment or information, the same as if affidavit had been made before such court charging the said offense.
History.—ss. 2, 3, ch. 5719, 1907; RGS 5449; CGL 7592; s. 1404, ch. 97-102; s. 2, ch. 2006-264.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 871 - Disturbing Religious and Other Assemblies › 871.04 - Advertising; Religious Discrimination; Public Places.

871.04 Advertising; religious discrimination; public places.—
(1) Except where the context clearly requires a different meaning, the following terms shall have for the purposes of this section the meaning respectively ascribed to them:
(a) “Person” means any individual, partnership, association, corporation, or organized group of persons, whether incorporated or not.
(b) “Establishment” means any building or part thereof, including, without being limited to, public inns, hotels, motels, apartment hotels, any structure, enclosure, tract of land, and all improvements, appurtenances, and additions, bodies of water whether natural or artificial, and any other place of whatsoever nature to which the general public is or will be admitted, allowed, or invited on payment of a fee, free of charge, or otherwise.
(2) No person, directly or indirectly, for herself or himself or for another, shall publish, post, broadcast by any means, maintain, circularize, issue, display, transmit, or otherwise disseminate or place in any manner before the public with reference to an establishment any advertisement that the patronage of any person is not welcome, or is objectionable, or is not acceptable because of the person’s religion. No person shall cause or solicit another person to violate this section.
(3) This section shall not apply to any establishment which is private or limited to membership only, to any camp administered by any religious organization, group, or sect, admission to which is based on religious belief or affiliation, or to any gathering, meeting, or assembly held under the auspices of any religious organization, group, or sect.
(4) Any person or persons violating this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 29845, 1955; s. 1132, ch. 71-136; s. 1406, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 871 - Disturbing Religious and Other Assemblies › 871.05 - Interference With a Sporting or Entertainment Event.

871.05 Interference with a sporting or entertainment event.—
(1) As used in this section, the term:
(a) “Covered event” means an athletic competition or practice, including one conducted in a public venue, or a live artistic, theatrical, or other entertainment performance event. The duration of such event includes the period from the time when a venue is held open to the public for such an event until the end of the athletic competition or performance event.
(b) “Covered participant” means an umpire, officiating crew member, player, coach, manager, groundskeeper, or any artistic, theatrical, or other performer or sanctioned participant in a covered event. The term includes event operations and security employees working at a covered event.
(c) “Restricted area” means any area designated for use by players, coaches, officials, performers, or other personnel administering a covered event that is on, or adjacent to, the area of play or performance.
(2) A person may not:
(a) Intentionally touch or strike a covered participant during a covered event against the will of the covered participant, or intentionally cause bodily harm to a covered participant during a covered event; or
(b) Willfully enter or remain in a restricted area during a covered event without being authorized, licensed, or invited to enter or remain in such a restricted area.
(3) A person who:
(a) Violates subsection (2) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $2,500.
(b) Solicits another person to violate subsection (2) by offering money or any other thing of value to another to engage in specific conduct that constitutes such a violation commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person convicted of a violation of this section may not realize any profit or benefit, directly or indirectly, from committing such a violation. Any profit or benefit payable to or accruing to a person convicted of a violation of this section is subject to seizure and forfeiture as provided in the Florida Contraband Forfeiture Act.
History.—s. 1, ch. 2023-195.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 872 - Offenses Concerning Dead Bodies and Graves › 872.01 - Dealing in Dead Bodies.

872.01 Dealing in dead bodies.—Whoever buys, sells, or has in his or her possession for the purpose of buying or selling or trafficking in the dead body of any human being shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; provided, however, that nothing contained in this section shall be construed to prohibit the obtaining, dissecting, using, and disposing of dead bodies for the purpose of teaching or other appropriate university research by any medical school, dental school, school of nursing, or other university research or teaching unit which is a part of a regularly established or chartered institution of higher learning under the laws of the state.
History.—s. 26, ch. 1637, 1868; RS 2625; GS 3545; RGS 5446; CGL 7589; s. 1, ch. 22057, 1943; s. 1, ch. 26724, 1951; s. 1133, ch. 71-136; s. 1407, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 872 - Offenses Concerning Dead Bodies and Graves › 872.03 - Cremating Human Bodies; Limitation.

872.03 Cremating human bodies; limitation.—
(1) It shall be unlawful for any person, firm, or corporation to cremate any dead human body prior to the expiration of 48 hours after the death of such human body.
(2) Anyone convicted for the violation of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, ch. 21780, 1943; s. 1135, ch. 71-136.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 872 - Offenses Concerning Dead Bodies and Graves › 872.04 - Autopsies; Consent Required, Exception.

872.04 Autopsies; consent required, exception.—
(1) “Autopsy” means a postmortem dissection of a dead human body in order to determine the cause, seat, or nature of disease or injury and includes the retention of tissues customarily removed during the course of autopsy for evidentiary, identification, diagnostic, scientific, or therapeutic purposes.
(2) Unless otherwise authorized by statute, no autopsy shall be performed without the written consent by the health care surrogate, as provided in s. 765.202, if one has been designated. If a health care surrogate has not been designated, then written consent may be provided by the spouse, nearest relative, or, if no such next of kin can be found, the person who has assumed custody of the body for purposes of burial. When two or more persons assume custody of the body for such purposes, then the consent of any one of them shall be sufficient to authorize the autopsy.
(3) Any such written consent may be given by telegram, and any telegram purporting to have been sent by a person authorized to give such consent will be presumed to have been sent by such person. A duly witnessed telephone permission is acceptable in lieu of written permission in those circumstances where obtaining written permission would result in undue delay.
(4) If after diligent search and inquiry it is established by the chief law enforcement officer having jurisdiction, through his or her examination of missing persons records and other inquiry, that no person can be found who can authorize an autopsy as herein provided, then after a reasonable time, any person licensed to practice medicine under chapter 458 or osteopathic medicine under chapter 459, and whose practice involves the usual performance of autopsies, may conduct an autopsy, without written consent, on the remains for purposes of confirming medical diagnosis and suspected communicable diseases; and no cause of action will be brought against such physician for performance of such autopsy. A reasonable time for purposes of this provision shall be not less than 48 hours or more than 72 hours after death.
History.—ss. 1-3, ch. 67-87; s. 1, ch. 70-367; s. 1, ch. 78-34; s. 182, ch. 79-164; s. 1, ch. 93-15; s. 1409, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 872 - Offenses Concerning Dead Bodies and Graves › 872.06 - Abuse of a Dead Human Body; Penalty.

872.06 Abuse of a dead human body; penalty.—
(1) As used in this section, the term:
(a) “Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
(b) “Sexual abuse” means:
1. Anal or female genital penetration of a dead human body by the sexual organ of a person or by any other object;
2. Contact or union of the penis, female genitals, or anus of a person with the mouth, penis, female genitals, or anus of a dead human body; or
3. Contact or union of a person’s mouth with the penis, female genitals, or anus of a dead human body.
(2) A person who mutilates, commits sexual abuse upon, or otherwise grossly abuses a dead human body commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any act done for a bona fide medical purpose or for any other lawful purpose does not under any circumstance constitute a violation of this section.
History.—s. 1, ch. 96-393; s. 11, ch. 2022-165.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 873 - Sale of Anatomical Matter › 873.01 - Purchase or Sale of Human Organs and Tissue Prohibited.

873.01 Purchase or sale of human organs and tissue prohibited.—
(1) No person shall knowingly offer to purchase or sell, or purchase, sell, or otherwise transfer, any human organ or tissue for valuable consideration.
(2) No for-profit corporation or any employee thereof shall transfer or arrange for the transfer of any human body part for valuable consideration.
(3)(a) The human organs and tissues subject to the provisions of this section are the eye, cornea, kidney, liver, heart, lung, pancreas, bone, and skin or any other organ or tissue adopted by rule by the Agency for Health Care Administration for this purpose.
(b) As used in this section, the term “valuable consideration” does not include the reasonable costs associated with the removal, storage, and transportation of a human organ or tissue.
(4) A person who violates the provisions of this section is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 84-264; s. 3, ch. 87-372; s. 298, ch. 99-8.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 873 - Sale of Anatomical Matter › 873.05 - Advertising, Purchase, Sale, or Transfer of Human Embryos or Fetal Remains Prohibited.

873.05 Advertising, purchase, sale, or transfer of human embryos or fetal remains prohibited.—
(1) A person may not knowingly advertise or offer to purchase or sell, or purchase, sell, or otherwise transfer, a human embryo for valuable consideration. As used in this subsection, the term “valuable consideration” does not include the reasonable costs associated with the removal, storage, and transportation of a human embryo.
(2) A person may not advertise or offer to purchase, sell, donate, or transfer, or purchase, sell, donate, or transfer, fetal remains obtained from an abortion, as defined in s. 390.011. This subsection does not prohibit the transportation or transfer of fetal remains for disposal pursuant to s. 381.0098 or rules adopted thereunder.
(3) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 5, ch. 84-264; s. 4, ch. 87-372; s. 7, ch. 2016-150.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 874 - Criminal Gang Enforcement and Prevention › 874.02 - Legislative Findings and Intent.

874.02 Legislative findings and intent.—
(1) The Legislature finds that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of criminal gangs and their members. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The Legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
(2) The Legislature finds, however, that the state is facing a mounting crisis caused by criminal gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes. These criminal gang activities, both individually and collectively, present a clear and present danger. Street gangs, terrorist organizations, and hate groups have evolved into increasingly sophisticated and complex organized crime groups in their criminal tactics, schemes, and brutality. The state has a compelling interest in preventing criminal gang activity and halting the real and present danger posed by the proliferation of criminal gangs and the graduation from more primitive forms of criminal gangs to highly sophisticated criminal gangs. For these reasons, the Legislature finds that the provisions of this chapter are essential to maintain public order and safety.
(3) It is the intent of the Legislature to outlaw certain conduct associated with the existence and proliferation of criminal gangs, provide enhanced criminal penalties, and eliminate the patterns, profits, proceeds, instrumentalities, and property facilitating criminal gang activity, including criminal gang recruitment.
(4) The Legislature finds that the timely reporting and exchange of criminal gang information facilitates the ability of law enforcement agencies to monitor and anticipate criminal activities of gangs and their members. Additionally, the timely and standardized reporting of such criminal gang information supports the identification of gang members via the criminal justice information system and directly contributes to law enforcement officers’ safety. For these reasons, it is the intent of the Legislature to encourage state and local law enforcement agencies to facilitate the exchange of crime data information through the statewide criminal gang database as provided in s. 874.09.
History.—s. 1, ch. 90-207; s. 74, ch. 94-209; s. 56, ch. 95-267; s. 35, ch. 96-388; s. 6, ch. 2008-238.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 874 - Criminal Gang Enforcement and Prevention › 874.04 - Gang-Related Offenses; Enhanced Penalties.

874.04 Gang-related offenses; enhanced penalties.—Upon a finding by the factfinder that the defendant committed the charged offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the penalty for any felony or misdemeanor, or any delinquent act or violation of law which would be a felony or misdemeanor if committed by an adult, may be enhanced. Penalty enhancement affects the applicable statutory maximum penalty only. Each of the findings required as a basis for such sentence shall be found beyond a reasonable doubt. The enhancement will be as follows:
(1)(a) A misdemeanor of the second degree may be punished as if it were a misdemeanor of the first degree.
(b) A misdemeanor of the first degree may be punished as if it were a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 1 of the offense severity ranking chart. The criminal gang multiplier in s. 921.0024 does not apply to misdemeanors enhanced under this paragraph.
(2)(a) A felony of the third degree may be punished as if it were a felony of the second degree.
(b) A felony of the second degree may be punished as if it were a felony of the first degree.
(c) A felony of the first degree may be punished as if it were a life felony.
For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such felony offense is ranked as provided in s. 921.0022 or s. 921.0023, and without regard to the penalty enhancement in this subsection.
History.—s. 1, ch. 90-207; s. 76, ch. 94-209; s. 23, ch. 95-184; s. 37, ch. 96-388; s. 21, ch. 97-194; s. 1, ch. 2001-126; s. 8, ch. 2008-238.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 874 - Criminal Gang Enforcement and Prevention › 874.045 - Arrest and Prosecution Under Other Provisions.

874.045 Arrest and prosecution under other provisions.—Nothing in this chapter shall prohibit the arrest and prosecution of a criminal gang member under chapter 876, chapter 895, chapter 896, s. 893.20, or any other applicable provision of law except to the extent otherwise prohibited pursuant to a statutory or constitutional provision.
History.—s. 9, ch. 2008-238.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 874 - Criminal Gang Enforcement and Prevention › 874.05 - Causing, Encouraging, Soliciting, or Recruiting Criminal Gang Membership.

874.05 Causing, encouraging, soliciting, or recruiting criminal gang membership.—
(1)(a) Except as provided in paragraph (b), a person who intentionally causes, encourages, solicits, or recruits another person to become a criminal gang member where a condition of membership or continued membership is the commission of any crime commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A person who commits a second or subsequent violation of this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2)(a) Except as provided in paragraph (b), a person who intentionally causes, encourages, solicits, or recruits another person under 13 years of age to become a criminal gang member where a condition of membership or continued membership is the commission of any crime commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A person who commits a second or subsequent violation of this subsection commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 38, ch. 96-388; s. 10, ch. 2008-238; s. 2, ch. 2013-80.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 874 - Criminal Gang Enforcement and Prevention › 874.06 - Civil Cause of Action.

874.06 Civil cause of action.—
(1) A person or organization establishing, by clear and convincing evidence, coercion, intimidation, threats, or other harm to that person or organization in violation of this chapter has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or equity. Upon prevailing, the plaintiff may recover attorney’s fees in the trial and appellate courts and the costs of investigation and litigation that are reasonably incurred.
(2)(a) For purposes of this subsection, the term “state” includes any of the state’s agencies, instrumentalities, subdivisions, or municipalities, and includes, but is not limited to, state attorneys and the Office of Statewide Prosecution of the Department of Legal Affairs.
(b) In addition to any remedies provided for by ss. 60.05 and 823.05, the state has a civil cause of action against any person or organization if it proves by clear and convincing evidence that it has been injured by reason of a violation of this chapter by the person or organization. The state has a civil cause of action for treble damages, injunctive relief, or any other relief in law or equity which the court deems appropriate. If the state prevails, it may also recover attorney’s fees in the trial and appellate courts and the costs of investigation and litigation that are reasonably incurred. The state may not recover punitive damages. The defendant is entitled to recover reasonable attorney’s fees and court costs if the court finds that the state raised a claim that was without factual or legal support and was vexatious, frivolous, or brought in bad faith.
(3) A prevailing plaintiff under subsection (1) has a right or claim that is superior to any right or claim that the state has in the same property or proceeds.
(4) A person who knowingly violates a temporary or permanent order issued under this section or s. 60.05 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 90-207; s. 39, ch. 96-388; s. 11, ch. 2008-238.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 874 - Criminal Gang Enforcement and Prevention › 874.08 - Criminal Gang Activity and Recruitment; Forfeiture.

874.08 Criminal gang activity and recruitment; forfeiture.—All profits, proceeds, and instrumentalities of criminal gang activity and all property used or intended or attempted to be used to facilitate the criminal activity of any criminal gang or of any criminal gang member; and all profits, proceeds, and instrumentalities of criminal gang recruitment and all property used or intended or attempted to be used to facilitate criminal gang recruitment are subject to seizure and forfeiture under the Florida Contraband Forfeiture Act, s. 932.704.
History.—s. 1, ch. 90-207; s. 77, ch. 94-209; s. 55, ch. 95-267; s. 40, ch. 96-388; s. 12, ch. 2008-238.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 874 - Criminal Gang Enforcement and Prevention › 874.09 - Crime Data Information.

874.09 Crime data information.—
(1) The Department of Law Enforcement may:
(a) Develop and manage a statewide criminal gang database to facilitate the exchange of information pursuant to the intent and purpose of this chapter.
(b) Notify all law enforcement agencies that reports of criminal gang members or associates shall be entered into the database as soon as the minimum level of data specified by the department is available to the reporting agency and no waiting period for the entry of that data exists.
(c) Compile and retain information regarding criminal gangs and their members and associates in a manner that allows the information to be used by law enforcement and other agencies deemed appropriate for investigative purposes.
(d) Compile and maintain a data repository relating to criminal gangs and their members and associates in order to develop and improve techniques used by law enforcement agencies and prosecutors in the investigation, apprehension, and prosecution of members and affiliates of criminal gangs.
(2) Local law enforcement agencies may:
(a) After carrying out any arrest of any individual whom they believe is a member or associate of a criminal gang, create or update that individual’s electronic file within the database.
(b) Notify the prosecutor of the accused individual’s suspected criminal gang membership or associate status.
History.—s. 1, ch. 90-207; s. 41, ch. 96-388; s. 13, ch. 2008-238.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 874 - Criminal Gang Enforcement and Prevention › 874.10 - Directing the Activities of a Criminal Gang.

874.10 Directing the activities of a criminal gang.—Any person who knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 14, ch. 2008-238.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 874 - Criminal Gang Enforcement and Prevention › 874.11 - Electronic Communication.

874.11 Electronic communication.—Any person who, for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, uses electronic communication to intimidate or harass other persons, or to advertise his or her presence in the community, including, but not limited to, such activities as distributing, selling, transmitting, or posting on the Internet any audio, video, or still image of criminal activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 15, ch. 2008-238.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 874 - Criminal Gang Enforcement and Prevention › 874.12 - Identification Documents; Unlawful Possession or Creation.

874.12 Identification documents; unlawful possession or creation.—
(1) For purposes of this section, the term “identification document” includes, but is not limited to, a social security card or number, a birth certificate, a driver license, an identification card issued pursuant to s. 322.051, a naturalization certificate, an alien registration number, a passport, and any access credentials for a publicly operated facility or an infrastructure facility covered under 18 U.S.C. s. 2332f.
(2) Any person possessing or manufacturing any blank, forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued identification document for the purpose of benefiting, promoting, or furthering the interests of a criminal gang commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 16, ch. 2008-238.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.01 - Advocacy of Specified Doctrines Relating to Overthrow of Constitutional Government by Force or Violence Prohibited.

876.01 Advocacy of specified doctrines relating to overthrow of constitutional government by force or violence prohibited.—“Criminal anarchy,” “criminal Communism,” “criminal Nazism,” or “criminal Fascism” are doctrines that existing form of constitutional government should be overthrown by force or violence or by any other unlawful means, or by assassination of officials of the Government of the United States or of the several states. The advocacy of such doctrines either by word of mouth or writing or the promotion of such doctrines independently or in collaboration with or under the guidance of officials of a foreign state or an international revolutionary party or group is unlawful.
History.—s. 1, ch. 20216, 1941; s. 1136, ch. 71-136.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.02 - Criminal Anarchy, Communism, and Other Specified Doctrines; Prohibitions.

876.02 Criminal anarchy, Communism, and other specified doctrines; prohibitions.—Any person who:
(1) By word of mouth or writing advocates, advises, or teaches the duty, necessity, or propriety of overthrowing or overturning existing forms of constitutional government by force or violence; of disobeying or sabotaging or hindering the carrying out of the laws, orders, or decrees of duly constituted civil, naval, or military authorities; or by the assassination of officials of the Government of the United States or of the state, or by any unlawful means or under the guidance of, or in collaboration with, officials, agents, or representatives of a foreign state or an international revolutionary party or group; or
(2) Prints, publishes, edits, issues, or knowingly circulates, sells, distributes, or publicly displays any book, paper, document, or written or printed matter in any form, containing or advocating, advising, or teaching the doctrine that constitutional government should be overthrown by force, violence, or any unlawful means; or
(3) Openly, willfully and deliberately urges, advocates, or justifies by word of mouth or writing the assassination or unlawful killing or assaulting of any official of the Government of the United States or of this state because of his or her official character, or any other crime, with intent to teach, spread, or advocate the propriety of the doctrines of criminal anarchy, criminal Communism, criminal Nazism, or criminal Fascism; or
(4) Organizes or helps to organize or becomes a member of any society, group, or assembly of persons formed to teach or advocate such doctrines; or
(5) Becomes a member of, associated with or promotes the interest of any criminal anarchistic, Communistic, Nazistic or Fascistic organization, or helps to organize or becomes a member of or affiliated with any subsidiary organization or associated group of persons who advocates, teaches, or advises the principles of criminal anarchy, criminal Communism, criminal Nazism or criminal Fascism;
shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 2, ch. 20216, 1941; s. 1137, ch. 71-136; s. 1411, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.03 - Unlawful Assembly for Purposes of Anarchy, Communism, or Other Specified Doctrines.

876.03 Unlawful assembly for purposes of anarchy, communism, or other specified doctrines.—Whenever two or more persons assemble for the purpose of promoting, advocating, or teaching the doctrine of criminal anarchy, criminal Communism, criminal Nazism or criminal Fascism, as defined in s. 876.01 of this law, such an assembly or organization is unlawful, and every person voluntarily participating therein by his or her presence, aid, or instigation shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 3, ch. 20216, 1941; s. 1138, ch. 71-136; s. 1412, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.04 - Allowing Unlawful Assembly in Building Prohibited.

876.04 Allowing unlawful assembly in building prohibited.—No owner, agent, superintendent, janitor, caretaker, or occupant of any place, building, or room, shall willfully and knowingly permit therein any assemblage of persons prohibited by s. 876.03, and if such person after notification that the premises are so used permits such use to be continued he or she shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 4, ch. 20216, 1941; s. 1139, ch. 71-136; s. 1413, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.05 - Public Employees; Oath.

876.05 Public employees; oath.—
(1) All persons who now or hereafter are employed by or who now or hereafter are on the payroll of the state, or any of its departments and agencies, subdivisions, counties, cities, school boards and districts of the free public school system of the state or counties, or institutions of higher learning, except candidates for federal office, are required to take an oath before any person duly authorized to take acknowledgments of instruments for public record in the state in the following form:
I,  , a citizen of the State of Florida and of the United States of America, and being employed by or an officer of   and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida.
(2) Said oath shall be filed with the records of the governing official or employing governmental agency prior to the approval of any voucher for the payment of salary, expenses, or other compensation.
History.—s. 1, ch. 25046, 1949; s. 22, ch. 83-214; s. 55, ch. 2007-30; s. 77, ch. 2011-40.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.06 - Discharge for Refusal to Execute.

876.06 Discharge for refusal to execute.—If any person required by ss. 876.05-876.10 to take the oath herein provided for fails to execute the same, the governing authority under which such person is employed shall cause said person to be immediately discharged, and his or her name removed from the payroll, and such person shall not be permitted to receive any payment as an employee or as an officer where he or she was serving.
History.—s. 2, ch. 25046, 1949; s. 1414, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.08 - Penalty for Not Discharging.

876.08 Penalty for not discharging.—Any governing authority or person, under whom any employee is serving or by whom employed who shall knowingly or carelessly permit any such employee to continue in employment after failing to comply with the provisions of ss. 876.05-876.10, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 4, ch. 25046, 1949; s. 1140, ch. 71-136.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.09 - Scope of Law.

876.09 Scope of law.—
(1) The provisions of ss. 876.05-876.10 shall apply to all employees and elected officers of the state, including the Governor and constitutional officers and all employees and elected officers of all cities, towns, counties, and political subdivisions, including the educational system.
(2) This act shall take precedence over all laws relating to merit, and of civil service law.
History.—ss. 5, 7, ch. 25046, 1949.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.10 - False Oath; Penalty.

876.10 False oath; penalty.—If any person required by the provisions of ss. 876.05-876.10 to execute the oath herein required executes such oath, and it is subsequently proven that at the time of the execution of said oath said individual was guilty of making a false statement in said oath, he or she shall be guilty of perjury.
History.—s. 6, ch. 25046, 1949; s. 1141, ch. 71-136; s. 1415, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.11 - Public Place Defined.

876.11 Public place defined.—For the purpose of ss. 876.11-876.21 the term “public place” includes all walks, alleys, streets, boulevards, avenues, lanes, roads, highways, or other ways or thoroughfares dedicated to public use or owned or maintained by public authority; and all grounds and buildings owned, leased by, operated, or maintained by public authority.
History.—s. 1, ch. 26542, 1951.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.12 - Wearing Mask, Hood, or Other Device on Public Way.

876.12 Wearing mask, hood, or other device on public way.—No person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street, road, highway, or other public way in this state.
History.—s. 2, ch. 26542, 1951.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.13 - Wearing Mask, Hood, or Other Device on Public Property.

876.13 Wearing mask, hood, or other device on public property.—No person or persons shall in this state, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be, or appear upon or within the public property of any municipality or county of the state.
History.—s. 3, ch. 26542, 1951.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.14 - Wearing Mask, Hood, or Other Device on Property of Another.

876.14 Wearing mask, hood, or other device on property of another.—No person or persons over 16 years of age shall, while wearing a mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, demand entrance or admission or enter or come upon or into the premises, enclosure, or house of any other person in any municipality or county of this state.
History.—s. 4, ch. 26542, 1951.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.15 - Wearing Mask, Hood, or Other Device at Demonstration or Meeting.

876.15 Wearing mask, hood, or other device at demonstration or meeting.—No person or persons over 16 years of age, shall, while wearing a mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, hold any manner of meeting, make any demonstration upon the private property of another unless such person or persons shall have first obtained from the owner or occupier of the property his or her written permission to so do.
History.—s. 5, ch. 26542, 1951.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.155 - Applicability; Ss. 876.12-876.15.

876.155 Applicability; ss. 876.12-876.15.—The provisions of ss. 876.12-876.15 apply only if the person was wearing the mask, hood, or other device:
(1) With the intent to deprive any person or class of persons of the equal protection of the laws or of equal privileges and immunities under the laws or for the purpose of preventing the constituted authorities of this state or any subdivision thereof from, or hindering them in, giving or securing to all persons within this state the equal protection of the laws;
(2) With the intent, by force or threat of force, to injure, intimidate, or interfere with any person because of the person’s exercise of any right secured by federal, state, or local law or to intimidate such person or any other person or any class of persons from exercising any right secured by federal, state, or local law;
(3) With the intent to intimidate, threaten, abuse, or harass any other person; or
(4) While she or he was engaged in conduct that could reasonably lead to the institution of a civil or criminal proceeding against her or him, with the intent of avoiding identification in such a proceeding.
History.—s. 1, ch. 81-249; s. 1416, ch. 97-102.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.16 - Sections 876.11-876.15; Exemptions.

876.16 Sections 876.11-876.15; exemptions.—The following persons are exempted from the provisions of ss. 876.11-876.15:
(1) Any person or persons wearing traditional holiday costumes;
(2) Any person or persons engaged in trades and employment where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade, or profession;
(3) Any person or persons using masks in theatrical productions, including use in Gasparilla celebrations and masquerade balls;
(4) Persons wearing gas masks prescribed in emergency management drills and exercises.
History.—s. 6, ch. 26542, 1951; s. 46, ch. 83-334.
2023 Florida Statutes › Title XLVI - Crimes › Chapter 876 - Criminal Anarchy, Treason, and Other Crimes Against Public Order › 876.17 - Placing Burning or Flaming Cross in Public Place.

876.17 Placing burning or flaming cross in public place.—It shall be unlawful for any person or persons to place or cause to be placed in a public place in the state a burning or flaming cross or any manner of exhibit in which a burning or flaming cross, real or simulated, is a whole or a part.
History.—s. 7, ch. 26542, 1951.