The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Section 856.04(1) unambiguously states that: “Any man ... who shall willfully withhold from them ... . . . withhold from [her children] the means of support, shall be guilty of a felony of the third degree.... ” § 856.04 . . .
. . . . § 856.04 (West 1994). . . . .
. . . . § 856.04 (West 1994). . . . .
. . . McGee appeals the trial court’s order dismissing his complaint for a declaration adjudicating Section 856.04 . . . McGee is therefore an entirely appropriate party to challenge the constitutionality of section 856.04 . . .
. . . We do not view section 856.04, Florida Statutes (1983) as an indication of legislative intent to retain . . .
. . . On 1 June 1979, Blackburn was placed on probation for two years following his violation of Section 856.04 . . .
. . . Darnell, 230 So.2d 151, 152 (Fla.1970); § 856.04, Fla.Stat. (1983). . . .
. . . acknowledged his paternity-would be able to avoid with impunity the criminal provisions of section 856.04 . . .
. . . No substantial constitutional question has been raised as to the constitutionality of section 856.04, . . .
. . . and sentence for willfully withholding the means of support from minor children, pursuant to Section 856.04 . . .
. . . from the minor children between September 15, 1975 until February 11, 1976 in violation of Section 856.04 . . . Section 856.04 provides in pertinent part: Any man who shall in this state desert his wife and children . . .
. . . In 1965 the Legislature amended Chapter 856, Florida Statutes, by adding sub-section 856.04(2), Florida . . . proper there, without regard to the restrictions on such procedure in Florida, pursuant to sub-section 856.04 . . .
. . . his plea of guilty to charges of withholding support from his minor children in violation of Section 856.04 . . . Section 856.04(1), Florida Statutes, F.S. . . . Since violation of Section 856.04(1), Florida Statutes, F.S.A., carries a maximum penalty of two years . . . best suited to the accomplishment of the obvious purpose of the criminal sanctions found in Section 856.04 . . .
. . . Darnell, age 11 years and withhold from them the means of support in violation of Chapter 88 and Section 856.04 . . . Since § 856.04 F.S.A. is penal in nature, we are obliged to strictly construe its provisions * * *. . . . Moreover, § 856.04 F.S.A. was considered before in Dukes v. . . . Florida Statute § 856.04, F.S.A., provides in pertinent part as follows: “Any man who shall in this state . . . that a person who has abandoned his children in this State can be prosecuted under Florida Statute § 856.04 . . .
. . . The statute which the defendant is charged with violating is 856.04 Fla.Stat., F.SA., and reads as follows . . . : “856.04 — Desertion; withholding support; proviso — Any man who shall in this state desert his wife . . . Since § 856.04 F.S.A. is penal in nature, we are obliged to strictly construe its provisions. . . . Moreover, § 856.04 F.S.A. was considered before in Dukes v. . . .
. . . Sec. 856.04, Fla.Statutes 1955, F.S.A. . . . custody of the respondent and be taken by him before the trial court for resentencing under F.S., Sec. 856.04 . . .
. . . F.S. 856.04, F.S.A. . . .
. . . . § 856.04, F.S.A., charging in the first count that he did on the 1st day of September, 1953 unlawfully . . .
. . . . § 856.04, F.S.A., under which petitioner was convicted provides a maximum punishment or confinement . . .