The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 876
CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER

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F.S. 876.16

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.

F.S. 876.16 on Google Scholar

F.S. 876.16 on Casetext

Amendments to 876.16

Arrestable Offenses / Crimes under Fla. Stat. 876.16

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 876.16.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NICOL, Jr. v. STATE, 939 So. 2d 231 (Fla. Dist. Ct. App. 2006)

. . . criminalizing wearing hood or mask on public property was overbroad, and exceptions provided by section 876.16 . . .

B. W. ROBINSON, v. STATE, 393 So. 2d 1076 (Fla. 1980)

. . . The exceptions provided by section 876.16, Florida Statutes (1977), are not sufficient to cure this fatal . . .

ASIATIC PETROLEUM CO. NEW YORK LTD. v. THE UNITED STATES, 65 Ct. Cl. 100 (Ct. Cl. 1928)

. . . March 4,1924, plaintiff referred a claim to the Comptroller General for an unpaid balance of $121,-876.16 . . . Contract No. 57684 Gold Shell_ 20,320.00 Semiramis_ 20, 226.33 Plaeuna _ 15,137. 28 55, 683. 61 121, 876.16 . . .