Florida Statute 870.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES

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F.S. 870.01

870.01 Affrays and riots.—

(1) A person commits an affray if he or she engages, by mutual consent, in fighting with another person in a public place to the terror of the people. A person who commits an affray commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) A person commits a riot if he or she willfully participates in a violent public disturbance involving an assembly of three or more persons, acting with a common intent to assist each other in violent and disorderly conduct, resulting in:

(a) Injury to another person;

(b) Damage to property; or

A person who commits a riot commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A person commits aggravated rioting if, in the course of committing a riot, he or she:

(a) Participates with 25 or more other persons;

(b) Causes great bodily harm to a person not participating in the riot;

(d) Displays, uses, threatens to use, or attempts to use a deadly weapon; or

(e) By force, or threat of force, endangers the safe movement of a vehicle traveling on a public street, highway, or road.

A person who commits aggravated rioting commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) A person commits inciting a riot if he or she willfully incites another person to participate in a riot, resulting in a riot or imminent danger of a riot. A person who commits inciting a riot commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) A person commits aggravated inciting a riot if he or she:

(a) Incites a riot resulting in great bodily harm to another person not participating in the riot;

(b) Incites a riot resulting in property damage in excess of $5,000; or

(c) Supplies a deadly weapon to another person or teaches another person to prepare a deadly weapon with intent that the deadly weapon be used in a riot for an unlawful purpose.

A person who commits aggravated inciting a riot commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Except for a violation of subsection (1), a person arrested for a violation of this section shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903.

(7) This section does not prohibit constitutionally protected activity such as a peaceful protest.

History.—s. 35, Feb. 10, 1832; RS 2406; GS 3239; RGS 5072; CGL 7174; s. 1, ch. 67-407; s. 1125, ch. 71-136; s. 15, ch. 2021-6; s. 67, ch. 2022-4.

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Amendments to 870.01

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 870.01

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

S870.01 1 - DISORDERLY CONDUCT - AFFRAY - M: F

S870.01 2 - RIOT - RENUMBERED. SEE REC # 9431 - F: T

S870.01 2a - RIOT - RIOT INJURY TO PERSON - F: T

S870.01 2b - RIOT - RIOT DAMAGE TO PROPERTY - F: T

S870.01 2c - RIOT - RIOT W IMMINENT INJURY PERSON OR DAMAGE PROP - F: T

S870.01 3a - RIOT - AGG RIOT 25 OR MORE PERSONS - F: S

S870.01 3b - RIOT - AGG RIOT GREAT BODILY HARM - F: S

S870.01 3c - RIOT - AGG RIOT PROPERTY DAMAGE GREATER THAN 5K DOLS - F: S

S870.01 3d - RIOT - AGG RIOT WITH DEADLY WEAPON - F: S

S870.01 3e - RIOT - AGG RIOT ENDANGER VEHICLE TRAVEL - F: S

S870.01 4 - RIOT - INCITE OR ENCOURAGE RIOT - F: T

S870.01 5a - RIOT - AGG INCITE RIOT GREAT BODILY HARM - F: S

S870.01 5b - RIOT - AGG INCITE RIOT PROPERTY DAMAGE > 5K DOLS - F: S

S870.01 5c - RIOT - AGG INCITE RIOT PROVIDE PREP DEADLY WEAPON - F: S

Cases Citing Statute 870.01

Total Results: 30

White v. State

330 So. 2d 3

Supreme Court of Florida | Filed: Mar 24, 1976 | Docket: 2517067

Cited 40 times | Published

Section 775.083, or Section 775.084." Fla. Stat. § 870.01(2). [3] "Whoever shall act in a loud, boisterous

Mobley v. State

409 So. 2d 1031

Supreme Court of Florida | Filed: Jan 28, 1982 | Docket: 1307693

Cited 38 times | Published

Beasley we upheld the constitutionality of section 870.01(2), Florida Statutes (1973), which prohibits

State v. Beasley

317 So. 2d 750

Supreme Court of Florida | Filed: Jul 30, 1975 | Docket: 1692538

Cited 17 times | Published

constitutionality of this state's riot statute, Section 870.01(2), Florida Statutes (1973), is the issue in

DJ v. State

651 So. 2d 1255, 1995 WL 103331

District Court of Appeal of Florida | Filed: Mar 14, 1995 | Docket: 1518195

Cited 9 times | Published

ERVIN, MINER and WOLF, JJ., concur. NOTES [1] Section 870.01(1), Florida Statutes (1993), makes an affray

Johnson v. UNEMPLOYMENT APPEALS COM'N

680 So. 2d 1073, 1996 Fla. App. LEXIS 10347, 1996 WL 562435

District Court of Appeal of Florida | Filed: Oct 4, 1996 | Docket: 1663873

Cited 6 times | Published

contendere to the affray charge, Florida Statute Section 870.01. The claimant believed that her plea in court

State v. Simpson

347 So. 2d 414

Supreme Court of Florida | Filed: Jun 2, 1977 | Docket: 134795

Cited 5 times | Published

1976), we upheld the related riot statute,[3] Section 870.01, Florida Statutes, and held the term riot must

Allen v. State

326 So. 2d 419

Supreme Court of Florida | Filed: Dec 10, 1975 | Docket: 1729309

Cited 4 times | Published

the constitutionality of the riot statute, Section 870.01(2), Florida Statutes (1973), and an improper

Jones v. State

584 So. 2d 190, 1991 WL 154814

District Court of Appeal of Florida | Filed: Aug 15, 1991 | Docket: 466830

Cited 3 times | Published

[2] § 843.02, Fla. Stat. (Supp. 1988). [3] § 870.01(2), Fla. Stat. (1987). [4] § 810.09, Fla. Stat

DLB v. State

720 So. 2d 202, 1998 WL 696948

Supreme Court of Florida | Filed: Oct 8, 1998 | Docket: 1371804

Cited 2 times | Published

State, 683 So.2d 576 (Fla. 1st DCA 1996). [2] § 870.01(1), Fla. Stat. (1995)(public fight or brawl is

K.A. v. State

12 So. 3d 869, 2009 Fla. App. LEXIS 7296

District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 60233837

Cited 1 times | Published

have been arrested for inciting a riot under section 870.01(2), Florida Statutes (2007). That section states:

KA v. State

12 So. 3d 869, 2009 WL 1606097

District Court of Appeal of Florida | Filed: Jun 10, 2009 | Docket: 1647044

Cited 1 times | Published

have been arrested for inciting a riot under section 870.01(2), Florida Statutes (2007). That section states:

State v. EDP

724 So. 2d 1144, 1998 WL 696947

Supreme Court of Florida | Filed: Oct 8, 1998 | Docket: 1733875

Cited 1 times | Published

trial court found the child delinquent under section 870.01, Florida Statutes (1995), for fighting in a

Rivers v. State

423 So. 2d 444

District Court of Appeal of Florida | Filed: Dec 1, 1982 | Docket: 544625

Cited 1 times | Published

after a jury trial, for inciting a riot under Section 870.01(2), Florida Statutes (1981). He initially asserts

HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2025 | Docket: 67648555

Published

Argued: Oct 9, 2024

amended criminal riot statute, Fla. Stat. § 870.01(2) (2021).” Id. We explained that:

HM Florida-ORL, LLC v. Secretary of the Florida Department of Business and Professional Regulation

Court of Appeals for the Eleventh Circuit | Filed: May 13, 2025 | Docket: 67648555

Published

Argued: Oct 9, 2024

amended criminal riot statute, Fla. Stat. § 870.01(2) (2021).” Id. We explained that:

Dream Defenders v. Governor of the State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Oct 7, 2024 | Docket: 66710909

Published

amended criminal riot statute, Fla. Stat. § 870.01(2) (2021). We certified the question to assist

Ron DeSantis, Governor v. Dream Defenders

Supreme Court of Florida | Filed: Jun 20, 2024 | Docket: 68869795

Published

meaning of Florida’s law prohibiting riot, section 870.01(2), Florida Statutes (2021). 1 At bottom,

Dream Defenders v. Governor of the State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Jan 10, 2023 | Docket: 66715454

Published

law to engage in a riot. See Fla. Stat. § 870.01(2) (2020) (“[A person] guilty of a riot, or USCA11

Dream Defenders v. Governor of the State of Florida

Court of Appeals for the Eleventh Circuit | Filed: Jan 10, 2023 | Docket: 66710909

Published

law to engage in a riot. See Fla. Stat. § 870.01(2) (2020) (“[A person] guilty of a riot, or USCA11

State v. E.D.P.

724 So. 2d 1144, 23 Fla. L. Weekly Supp. 524, 1998 Fla. LEXIS 1897

Supreme Court of Florida | Filed: Oct 8, 1998 | Docket: 64785829

Published

trial court found the child delinquent under section 870.01, Florida Statutes (1995), for fighting in a

D.L.B. v. State

720 So. 2d 202, 23 Fla. L. Weekly Supp. 534, 1998 Fla. LEXIS 1899

Supreme Court of Florida | Filed: Oct 8, 1998 | Docket: 64784062

Published

State, 683 So.2d 576 (Fla. 1st DCA 1996). . § 870.01(1), Fla. Stat. (1995)(public fight or brawl is

D.J. v. State

651 So. 2d 1255, 1995 Fla. App. LEXIS 2488

District Court of Appeal of Florida | Filed: Mar 14, 1995 | Docket: 64755039

Published

REMANDED. ERVIN, MINER and WOLF, JJ., concur. . Section 870.01(1), Florida Statutes (1993), makes an affray

Mack v. State

463 So. 2d 344, 10 Fla. L. Weekly 169, 1985 Fla. App. LEXIS 11840

District Court of Appeal of Florida | Filed: Jan 11, 1985 | Docket: 64609853

Published

two separate informations with inciting a riot. § 870.-01(2), Fla.Stat. (1983). The informations alleged

Bayes v. State

454 So. 2d 703, 9 Fla. L. Weekly 1773, 1984 Fla. App. LEXIS 14493

District Court of Appeal of Florida | Filed: Aug 14, 1984 | Docket: 64606455

Published

inciting, or encouraging a riot in violation of Section 870.01, Florida Statutes (1981), and sentencing him

Baker v. State

323 So. 2d 556, 1975 Fla. LEXIS 4460

Supreme Court of Florida | Filed: Dec 10, 1975 | Docket: 64551174

Published

the constitutionality of the riot statute, Section 870.01(2), Florida Statutes (1973). The appellant

Kelly v. State

323 So. 2d 565, 1975 Fla. LEXIS 4464

Supreme Court of Florida | Filed: Dec 10, 1975 | Docket: 64551176

Published

the constitutionality of the riot statute, Section 870.01(2), Florida Statutes (1973). The appellant

O. A. v. State

312 So. 2d 202, 1975 Fla. App. LEXIS 15015

District Court of Appeal of Florida | Filed: Apr 30, 1975 | Docket: 64546083

Published

an affray. Affrays are proscribed by Fla.Stat. § 870.-01(1)(1973). The victim was accosted by a group of

Hutchin v. State

290 So. 2d 35, 1974 Fla. LEXIS 4393

Supreme Court of Florida | Filed: Feb 13, 1974 | Docket: 64537219

Published

upheld in this case the constitutionality of Section 870.01(2), Florida Statutes, F.S.A., which provides:

City of Miami v. Cleveland

250 So. 2d 298, 1971 Fla. App. LEXIS 6266

District Court of Appeal of Florida | Filed: Jun 29, 1971 | Docket: 64521319

Published

respects not changing or affecting § 870.05. In 1967 § 870.01 was amended to increase the penalty for persons

Dawkins v. Green

285 F. Supp. 772, 12 Fed. R. Serv. 2d 1268, 1968 U.S. Dist. LEXIS 9214

District Court, N.D. Florida | Filed: Apr 25, 1968 | Docket: 66047828

Published

state prison for not more than ten years. (c) F.S. § 870.01, F.S.A. Punishment of affray A11 persons guilty