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Florida Statute 870.01 | Lawyer Caselaw & Research
F.S. 870.01 Case Law from Google Scholar
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The 2023 Florida Statutes

Title XLVI
CRIMES
Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
View Entire Chapter
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
(c) Imminent danger of injury to another person or damage to property.

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;
(c) Causes property damage in excess of $5,000;
(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.

F.S. 870.01 on Google Scholar

F.S. 870.01 on Casetext

Amendments to 870.01


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



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. Fla. Stat. § 870.01(2). With HB 1, the Florida Legislature also amended § 870.01 to specify that the statute "does not prohibit constitutionally protected activity such as a peaceful protest." Id. § 870.01(7) ; HB 1 § 15. Also relevant here, it added a requirement that any person arrested for rioting "shall be held in custody" until his bail hearing. Fla. Stat. § 870.01(6) ; see HB 1 § 15.
    PAGE 884
  2. Plaintiffs have demonstrated that they are entitled to a preliminary injunction. In their requested relief, Plaintiffs seek to enjoin the enforcement of Section 15 of HB1. ECF No. 64 ¶ 6. However, Section 15 is part of a bill that amended section 870.01. This Court cannot enjoin the enforcement of a bill; rather, it can enjoin parties from enforcing a statute. And so, Plaintiffs’ requested relief can be construed as enjoining the enforcement of section 870.01 as amended by Section 15. After questioning by this Court during the preliminary injunction hearing, Plaintiffs clarified that they only seek to enjoin Defendants from enforcing the new definition of "riot" in section 870.01(2).
    PAGE 1288
  3. Before turning to the parties’ arguments, some background is necessary. HB1's new definition of "riot" sits at the core of Plaintiffs’ suit. Prior to the Act's passage, Florida law criminalized rioting, "or ... inciting or encouraging a riot." § 870.01, Fla. Stat. (1971). Because the statute did not define riot, Florida courts relied on the common-law definition of riot. State v. Beasley , 317 So. 2d 750, 752 (Fla. 1975). HB1's section 15 amended section 870.01 to, among other things, define riot. Plaintiffs argue that this new definition "fails to clarify whether a participant in a larger demonstration where violence occurs" is guilty of rioting. ECF No. 1 ¶ 72. Plaintiffs have also moved to preliminarily enjoin Defendants from enforcing section 15. ECF No. 64.
    PAGE 1068
  4. To determine whether an officer has actual probable cause or arguable probable cause, the Court looks at "the elements of the alleged crime and the operative fact pattern." Id. (quoting Brown, 608 F.3d at 735). Plaintiff was arrested and charged with incitement to riot, Florida Statute § 870.01, and resisting an officer without violence, Florida Statute § 843.02. The "riot" statute provides that "all persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." Fla. Stat. § 870.01. The statute does not define riot, but the Florida Supreme Court, in holding that the statute was not void for vagueness, relied on the common law definition of riot. State v. Beasley, 317 So. 2d 750, 752 (1975). "The term 'riot' at common law is defined as a tumultuous disturbance of the peace by three or more persons, assembled and acting with a common intent, either in executing a lawful private enterprise in a violent and turbulent manner, to the terror of the people, or in executing an unlawful enterprise in a violent and turbulent manner." Id.
    PAGE 6
  5. C.M. v. State

    234 So. 3d 837 (Fla. Dist. Ct. App. 2018)   Cited 2 times
    Section 870.01, Florida Statutes (2015), Affrays and riots, does not provide a definition of affray; it provides only that "persons guilty of an affray shall be guilty of a misdemeanor of the first degree." § 870.01( 1). Because the statute does not define affray, courts have resorted to the common-law definition: "the fighting of two or more persons in a public place, to the terror of the people." O.A. v. State, 312 So.2d 202, 203 (Fla. 2d DCA 1975) (quoting Carnley v. State, 88 Fla. 281, 102 So. 333, 334 (1924) ); accord D.L.B. v. State, 707 So.2d 844, 844 (Fla. 2d DCA 1998). Therefore, "an affray by fighting ... necessarily includes assault and battery." O.A., 312 So.2d at 203 (quoting Carnley, 102 So. at 334 ); see also D.L.B., 707 So.2d at 845 (utilizing the dictionary definition of affray as "a public fight or brawl"). Although O.A. was decided when "assault and battery" was a single offense, the analysis remains valid: an affray requires two or more people to engage in batteries. See § 784.03, Fla. Stat. (1973). And self-defense is a defense to battery. S.J.C. v. State, 906 So.2d 1115, 1115 (Fla. 2d DCA 2005) ; see § 776.012, Fla. Stat. (2015) ; cf…
  6. K.A. v. State

    12 So. 3d 869 (Fla. Dist. Ct. App. 2009)   Cited 1 times
    The state also suggests K.A. could properly have been arrested for inciting a riot under section 870.01(2), Florida Statutes (2007). 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.
    PAGE 872
  7. Brown v. State

    866 So. 2d 94 (Fla. Dist. Ct. App. 2004)   Cited 1 times
    Appellant was convicted of three third-degree felonies, each of which is punishable by up to 5 years in prison. §§ 784.07(2)(b), 870.01, 775.082(3)(d), Fla. Stat. (1991). Appellant's recommended sentencing range was 12 to 17 years in prison, and his permitted sentencing range was 9 to 22 years in prison. The 10-year sentences are within the guidelines range. However, appellant committed his crimes in 1992, when the sentencing guidelines did not authorize trial courts to impose a sentence that exceeded the statutory maximum, even if it was within the guidelines sentencing range. See § 921.001(5), Fla. Stat. (1991) ("Sentences imposed by trial court judges must be in all cases within any relevant minimum and maximum sentence limitations provided by statute and must conform to all other statutory provisions"); Mays v. State, 717 So.2d 515, 516 (Fla. 1998);Stewart v. State, 755 So.2d 736 (Fla. 4th DCA 2000). Thus, the maximum sentence appellant could receive on each count is 5 years.
    PAGE 96
  8. D.L.B. v. State

    720 So. 2d 202 (Fla. 1998)   Cited 4 times
    § 870.01(1), Fla. Stat. (1995) (public fight or brawl is a first-degree misdemeanor).
  9. State v. E.D.P

    724 So. 2d 1144 (Fla. 1998)   Cited 5 times
    In D.L.B., the case relied upon by the majority, the trial court found the child delinquent under section 870.01, Florida Statutes (1995), for fighting in a public place. The court rejected the DJJ's predisposition recommendation of community control and imposed a level-six restrictiveness level commitment. The second district affirmed the order of commitment, holding that:
    PAGE 1148
  10. D.L.B. v. State

    707 So. 2d 844 (Fla. Dist. Ct. App. 1998)   Cited 12 times
    Appellant, a juvenile who was found to be delinquent under the affray statute (§ 870.01(1), Fla. Stat. (1995)), challenges the statute as unconstitutionally vague. He also maintains that the court erred by failing to conduct his delinquency disposition hearing properly, by imposing an indefinite term of community control and by imposing a fine after orally announcing that a fine would not be imposed. While we conclude that the affray statute is not impermissibly vague and that the delinquency disposition hearing was not properly conducted, we also conclude that the sentence imposed must be clarified and the $50 fine must be stricken.

    Cases from cite.case.law:

    C. M. v. STATE, 234 So. 3d 837 (Fla. Dist. Ct. App. 2018)

    . . . Section 870.01, Florida Statutes .(2015), Affrays and riots, does not provide a definition of affray; . . . provides only that “persons guilty of an affray shall be guilty of a misdemeanor of the first degree.” § 870.01 . . .

    K. A. a v. STATE, 12 So. 3d 869 (Fla. Dist. Ct. App. 2009)

    . . . The state also suggests K.A. could properly have been arrested for inciting a riot under section 870.01 . . .

    BROWN, Jr. v. STATE, 866 So. 2d 94 (Fla. Dist. Ct. App. 2004)

    . . . . §§ 784.07(2)(b), 870.01, 775.082(3)(d), Fla. Stat. (1991). . . .

    STATE v. E. D. P. a, 724 So. 2d 1144 (Fla. 1998)

    . . . D.L.B., the case relied upon by the majority, the trial court found the child delinquent under section 870.01 . . .

    D. L. B. a v. STATE, 720 So. 2d 202 (Fla. 1998)

    . . . . § 870.01(1), Fla. Stat. (1995)(public fight or brawl is a first-degree misdemeanor). . . .

    D. L. B. a v. STATE, 707 So. 2d 844 (Fla. Dist. Ct. App. 1998)

    . . . Appellant, a juvenile who was found to be delinquent under the affray statute (§ 870.01(1), Fla. . . .

    D. JOHNSON, v. UNEMPLOYMENT APPEALS COMMISSION,, 680 So. 2d 1073 (Fla. Dist. Ct. App. 1996)

    . . . disclose her arrest in 1980, and plea of nolo contendere to the affray charge, Florida Statute Section 870.01 . . . . § 870.01, Fla. Stat. (1979). . . .

    A. MEADER, v. STATE, 665 So. 2d 344 (Fla. Dist. Ct. App. 1995)

    . . . . §§ 870.01(2), 775.082(3)(d), Fla.Stat. (1991). . . .

    D. J. a v. STATE, 651 So. 2d 1255 (Fla. Dist. Ct. App. 1995)

    . . . Section 870.01(1), Florida Statutes (1993), makes an affray a misdemeanor of the first degree. . . .

    JONES, v. STATE, 584 So. 2d 190 (Fla. Dist. Ct. App. 1991)

    . . . . § 870.01(2), Fla.Stat. (1987). . § 810.09, Fla.Stat. (Supp.1988). . State v. . . .

    In STOUT, d b a K K Co. TOM LANGE COMPANY, INC. v. STOUT, d b a K K Co., 123 B.R. 412 (Bankr. W.D. Okla. 1990)

    . . . and sold produce for $17,538.95, therefore plaintiff's claim was reduced from $331,408.96 to $313,-870.01 . . .

    In SUDLER, SUDLER, v. CHESTER HOUSING AUTHORITY,, 71 B.R. 780 (Bankr. E.D. Pa. 1987)

    . . . Peace Court, obtaining a judgment against the Debtor for possession and back rent in the amount of $870.01 . . .

    COOPER, v. STATE, 503 So. 2d 971 (Fla. Dist. Ct. App. 1987)

    . . . to sustain appellant’s conviction of participating in a riot contrary to the provisions of section 870.01 . . .

    CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

    . . . 837.05, 837.06, 843.02, 843.13, 843.17, 847.011(1), (2), (4), 847.0125(2), 847.013(2), 847.06, 847.07, 870.01 . . .

    MACK, v. STATE, 463 So. 2d 344 (Fla. Dist. Ct. App. 1985)

    . . . state in Beasley merely stated that the defendant “did incite or encourage a riot, in violation of 870.01 . . . Accordingly, we hold that they sufficiently allege the offense of inciting a riot as proscribed by section 870.01 . . .

    BAYES, v. STATE, 454 So. 2d 703 (Fla. Dist. Ct. App. 1984)

    . . . the appellant guilty of the crime of riot, inciting, or encouraging a riot in violation of Section 870.01 . . .

    VAN KLEECK COMPANY v. M. B. HOWELL HOMES, 7 Fla. Supp. 2d 16 (Bay Cty. Ct. 1984)

    . . . Howell Homes, the sum of $870.01 on the account sued on, together with $34.00 costs herein taxed, for . . .

    RIVERS, v. STATE, 423 So. 2d 444 (Fla. Dist. Ct. App. 1982)

    . . . Appellant was adjudicated guilty, after a jury trial, for inciting a riot under Section 870.01(2), Florida . . .

    M. DEEHL, v. F. KNOX, Jr., 414 So. 2d 1089 (Fla. Dist. Ct. App. 1982)

    . . . limiting common law definitions of riot and unlawful assembly upon the Florida statutory law, Sections 870.01 . . .

    MOBLEY, v. STATE BROWN, v. L. WAINWRIGHT, STYLES, v. STATE, 409 So. 2d 1031 (Fla. 1982)

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

    STATE v. L. SIMPSON, STATE v. BENJAMIN, STATE v. R. HANUKAH,, 347 So. 2d 414 (Fla. 1977)

    . . . Beasley, 317 So.2d 750 (Fla.1976), we upheld the related riot statute, Section 870.01, Florida Statutes . . . guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.” . § 870.01 . . . Beasley, construing the anti-riot statute (Section 870.01, Florida Statutes), for speech to constitute . . . Should there be rioting, or the incitement to riot, the case would be adequately covered under Section 870.01 . . .

    A. WHITE, v. STATE, 330 So. 2d 3 (Fla. 1976)

    . . . . § 870.01(2). . . . .

    ALLEN, v. STATE MULLINS, v. STATE, 326 So. 2d 419 (Fla. 1975)

    . . . consolidated cases are- before this Court upon the constitutionality of. the riot statute, Section 870.01 . . . Chapter 870.01 of the Florida Statutes is unconstitutional in that it fails to set forth sufficient information . . . With reference to the constitutional issue, we hold the riot statute, Section 870.01(2), Florida Statutes . . . information in each of these cases is insufficient to properly charge a riot offense under Section 870.01 . . .

    BAKER, v. STATE, 323 So. 2d 556 (Fla. 1975)

    . . . This case is before this Court upon the constitutionality of the riot statute, Section 870.01(2), Florida . . . Chapter 870.01 of the Florida Statutes is unconstitutional in that it fails to set forth sufficient information . . . We hold Section 870.01(2), Florida Statutes (1973), is constitutional in accordance with our recent decision . . .

    KELLY, v. STATE, 323 So. 2d 565 (Fla. 1975)

    . . . This case is before this Court upon the constitutionality of the riot statute, Section 870.01(2), Florida . . . Chapter 870.01 of the Florida Statutes is unconstitutional in that it fails to set forth sufficient information . . . We hold Section 870.01(2), Florida Statutes (1973), is constitutional in accordance with our recent decision . . .

    STATE v. BEASLEY,, 317 So. 2d 750 (Fla. 1975)

    . . . The constitutionality of this state’s riot statute, Section 870.01(2), Florida Statutes (1973), is the . . . offense of riot in that he, on February 14, 1973, “did incite or encourage a riot, in violation of 870.01 . . . The subject statute, Section 870.01(2), Florida Statutes (1973), reads as follows: “All persons guilty . . . We hold Section 870.01(2), Florida Statutes (1973), establishing the criminal offense of riot and inciting . . .

    T. HUTCHIN, v. STATE, 290 So. 2d 35 (Fla. 1974)

    . . . Section 870.01(2), F.S.A., facially unconstitutional. . . . Section 870.01(2) leaves the citizen in doubt as to his liberty of speech because of its sheer lack of . . . where more and more emphasis is placed upon the protection and enjoyment of civil liberties, Section 870.01 . . . The Circuit Court upheld in this case the constitutionality of Section 870.01(2), Florida Statutes, F.S.A . . .

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

    . . . Riots; Routs; Unlawful Assemblies,” provides the penalties for persons guilty of affrays and riots (§ 870.01 . . . In 1967 § 870.01 was amended to increase the penalty for persons guilty of a riot or of inciting a riot . . .

    DAWKINS v. GREEN,, 412 F.2d 644 (5th Cir. 1969)

    . . . Sections 806.01, 806.02 and 870.01. Revised Statutes of Florida, F.S.A. . . .

    DAWKINS v. GREEN, T. E. D. T. E. s J. M. Jr., 285 F. Supp. 772 (N.D. Fla. 1968)

    . . . acting in concert therewith from the enforcement, operation or execution of ss. 806.01 and 806.02, 870.01 . . . (c) F.S. § 870.01, F.S.A. . . .