Florida/Georgia Personal Injury & Workers Compensation

...Even the trooper admitted he did not think it a "crime to be a witness to an accident and not come forward." Here, the trooper did not testify that he thought appellant was the driver of the vehicle involved in the accident nor did he testify he was investigating a crime or trying to preserve the peace. § 843.06, Fla....

...obstruction of an officer in the exercise of a lawful duty; and (2) the officer's instruction to the appellant to stop alerting those in the area of a police presence was a request for aid or assistance which was effectively denied, in violation of section 843.06, Florida Statutes (1991), [3] when the appellant screamed back, "don't tell me what I can say and do." First, the appellant's verbal protest to police authority was protected free speech....

...in eluding arrest. The second district is the only court which has decided what constitutes a refusal to assist an officer in a criminal investigation. In State v. Parish, 509 So.2d 1365 (Fla. 2d DCA 1987), the court upheld the constitutionality of section 843.06, Florida Statutes and, in response to the defendant's argument that the statute gave law enforcement officers too much latitude in exercising their discretion, clearly delineated the circumstances in which a person may be arrested for violating the statute....

...or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree. [3] Section 843.06, Florida Statutes (1991), provides that: Whoever, being required in the name of the state by any ......

...(unlawful possession of a concealed handcuff key); § 843.025, Fla. Stat. (depriving officer of a means of protection or communication); § 843.03, Fla. Stat. (obstruction by disguised person); § 843.04, Fla. Stat. (refusing to assist prison officials); § 843.05, Fla. Stat. (resisting timber agent); § 843.06, Fla....

...District Court of Appeal of Florida, Second District. July 22, 1987. Robert A. Butterworth, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellant. Robert E. Jagger, Public Defender, New Port Richey, for appellees. CAMPBELL, Judge. The County Court of Pasco County found section 843.06, Florida Statutes (1985) unconstitutionally vague and overbroad....

...To avoid being vague, the language of a statute must convey "sufficiently definite warning as to the proscribed conduct when measured by common understanding and purpose." Id. at 1229. It must "give reasonable notice that a person's conduct is restricted by the statute." Buckner, 472 So.2d at 1229. The words of section 843.06, when given their common meaning, do not render the statute unconstitutionally vague....

...It is not necessary that the statute specify every conceivable factual situation that might trigger its application in order to avoid the constitutional problem of vagueness or overbreadth. For these reasons, we reverse the order of the county court finding section 843.06, Florida Statutes (1985) unconstitutional and remand for proceedings consistent herein....

...at 96 (emphasis in original)). Relying on the Aery “reasonably belief’ standard, Graddy argues that she reasonably believed that POM 1703 was unlawful. 9 However, she also argues that POM 1703 is actually unlawful, asserting that POM 1703 is “in direct conflict” with section 843.06,- Florida Statutes, which states in relevant part: Whoever, being required in the name of the state by any ......

...pe of a person arrested upon civil process, shall be guilty of a misdemeanor of the second degree, punishable as provided in § 775.082 or § 775.083. But this argument is not persuasive. Although superficially there is tension between POM 1703 arid section 843.06— the former prohibits cooperation with the police while the latter penalizes for a failure to do so—Graddy’s logic does not stand up to scrutiny....

...ircumstance. 10 If it were determined that POM 1703 required Graddy to participate in a policy that is in violation of a law, all other laws that prohibit pharmacists from knowingly filling fraudulent prescriptions would be directly in conflict with § 843.06....

investigating a crime or trying to preserve the peace. § 843.06, Fla. Stat. (1993). Instead, he testified he chased

...bstruction of an officer in the exercise of a lawful duty; and (2) the officer’s instruction to the appellant to stop alerting those in the area of a police presence was a request for aid or assistance which was effectively denied, in violation of section 843.06, Florida Statutes (1991), 3 when the appellant screamed back, “don’t tell me what I can say and do.” First; the appellant’s verbal protest to police authority was protected free speech....

...in eluding arrest. The second district is the only court which has decided what constitutes a refusal to assist an officer in a criminal investigation. In State v. Parish, 509 So.2d 1365 (Fla. 2d DCA 1987), the court upheld the constitutionality of section 843.06, Florida Statutes and, in response to the defendant’s argument that the statute gave law enforcement officers too much latitude in exercising their discretion, clearly delineated the circumstances in which a person may be arrested for violating the statute....

...or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree. .Section 843.06, Florida Statutes (1991), provides that: Whoever, being required in the name of the state by any ......

...That section states: “[a]ll persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a felony of the third degree....” Again, K.A.’s words were not encouraging the people to riot, only to stop running away. Additionally, the state suggests K.A. was violating section 843.06, Florida Statutes (2007), which provides: 843.06 Neglect or refusal to aid peace officers....

...misdemeanor of the second degree.... There was no testimony that K.A. was asked by the officer to assist in preserving the peace. K.A. was only told to stop yelling. In State v. Parish, 509 So.2d 1365 (Fla. 2d DCA 1987), the court held: The words of section 843.06, when given their common meaning, do not render the statute unconstitutionally vague....

...That section states: "[a]ll persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a felony of the third degree...." Again, K.A.'s words were not encouraging the people to riot, only to stop running away. Additionally, the state suggests K.A. was violating section 843.06, Florida Statutes (2007), which provides: 843.06 Neglect or refusal to aid peace officers....

...misdemeanor of the second degree.... There was no testimony that K.A. was asked by the officer to assist in preserving the peace. K.A. was only told to stop yelling. In State v. Parish, 509 So.2d 1365 (Fla. 2d DCA 1987), the court held: The words of section 843.06, when given their common meaning, do not render the statute unconstitutionally vague....