The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES

View Entire Chapter

F.S. 870.04

870.04 Specified officers to disperse riotous assembly.—If any number of persons, whether armed or not, are unlawfully, riotously, or tumultuously assembled in any county, city, or municipality, the sheriff or the sheriff’s deputies, or the mayor, or any commissioner, council member, alderman, or police officer of the city or municipality, or any officer or member of the Florida Highway Patrol, or any officer or agent of the Fish and Wildlife Conservation Commission or the Department of Environmental Protection, any beverage enforcement agent, any personnel or representatives of the Department of Law Enforcement or its successor, or any other peace officer, shall go among the persons so assembled, or as near to them as may be done with safety, and shall in the name of the state command all the persons so assembled immediately and peaceably to disperse. If such persons do not thereupon immediately and peaceably disperse, such officers shall command the assistance of all such persons in seizing, arresting, and securing such persons in custody. If any person present being so commanded to aid and assist in seizing and securing such rioter or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, or, when required by such officers to depart from the place, refuses and neglects to do so, the person shall be deemed one of the rioters or persons unlawfully assembled, and may be prosecuted and punished accordingly.

History.—ss. 1, 2, ch. 1637, 1868; RS 2409; GS 3242; RGS 5075; CGL 7177; s. 1, ch. 61-223; s. 1, ch. 61-237; s. 1, ch. 67-2203; s. 3, ch. 67-2207; ss. 20, 25, 35, ch. 69-106; s. 34, ch. 73-334; s. 1, ch. 77-174; s. 29, ch. 79-8; s. 477, ch. 94-356; s. 1399, ch. 97-102; s. 233, ch. 99-245; s. 30, ch. 2012-88; s. 16, ch. 2019-141.

F.S. 870.04 on Google Scholar

F.S. 870.04 on Casetext

Amendments to 870.04

Arrestable Offenses / Crimes under Fla. Stat. 870.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 870.04.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FREEMAN, s s v. TOWN OF EATONVILLE, FLORIDA, J., 225 F. App'x 775 (11th Cir. 2006)

. . . . § 870.04. . . .

CLEVELAND, v. CITY OF MIAMI, a, 263 So. 2d 573 (Fla. 1972)

. . . the actions of police or other officers of a municipality, in the performance of duties imposed by § 870.04 . . . The assembly referred to in Section 870.05, Florida Statutes, F.S.A., is defined in Section 870.04, Florida . . .

MUNICIPAL COURT, CITY OF FORT LAUDERDALE, B. v. PATRICK,, 254 So. 2d 193 (Fla. 1971)

. . . . § 870.04, F.S.A. which places authorization to command dispersal of riotous assemblies in various peace . . . While Fla.Stat. § 870.04, F.S.A., may be separately invoked in such a violation, it cannot be substituted . . .

CITY OF MIAMI, a v. CLEVELAND,, 250 So. 2d 298 (Fla. Dist. Ct. App. 1971)

. . . legal justification by § 870.05 must be read in connection with the duties imposed on the officers by § 870.04 . . . Also, in that year § 870.04 was amended to add, to the officers named therein who were there directed . . . supplementing Chapter 870 the legislature increased the officers required to enforce the provisions of § 870.04 . . . We have dealt at length with the scope and effect of §§ 870.04 and 870.05 because the precise questions . . . Reversed and remanded with direction. . “870.04 Magistrate to disperse riotous assembly. — If any number . . .

DRESNER v. CITY OF TALLAHASSEE, 375 U.S. 136 (U.S. 1963)

. . . S. 870.04), (which, by reference adoption in a municipal ordinance, is made an ordinance of the City . . . Chapter 61-237, Laws of 1961, Florida Statutes § 870.04 provides: “If any number of persons, whether . . .

DRESNER, M. M. D. J. L. C. J. W. Jr. v. CITY OF TALLAHASSEE,, 134 So. 2d 228 (Fla. 1961)

. . . outset of the trial the appellants moved to dismiss the complaint with the contention that Section 870.04 . . . A reference to Section 870.04, supra, as amended, will reveal that the statute condemns a riotous assembly . . .