Florida Statutes
Fla. Stat. § 870.01 (2025)
Affrays and riots.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 870.01
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§870.01(1)DISORDERLY CONDUCTCOMMIT AFFRAY FIGHT IN PUBLIC
§870.01(2)RIOTRENUMBERED. SEE REC # 9431
§870.01(4)RIOTINCITE OR ENCOURAGE RIOT
§870.01(2a)RIOTRIOT INJURY TO PERSON
§870.01(2b)RIOTRIOT DAMAGE TO PROPERTY
§870.01(2c)RIOTRIOT W IMMINENT INJURY PERSON OR DAMAGE PROP
§870.01(3a)RIOTAGG RIOT 25 OR MORE PERSONS
§870.01(3b)RIOTAGG RIOT GREAT BODILY HARM
§870.01(3c)RIOTAGGRAV RIOT PROPERTY DAMAGE GT K
§870.01(3d)RIOTAGG RIOT WITH DEADLY WEAPON
§870.01(3e)RIOTAGG RIOT ENDANGER VEHICLE TRAVEL
§870.01(5a)RIOTAGG INCITE RIOT GREAT BODILY HARM
§870.01(5b)RIOTAGGRAV INCITE RIOT PROPERTY DAMAGE GT K
§870.01(5c)RIOTAGG INCITE RIOT PROVIDE PREP DEADLY WEAPON
Notes of Decisions
Cited in 34
cases (7 in the last 5 years), 1968–2024 · leading case: Dream Defenders v. Governor of the State of Florida, 57 F.4th 879 (11th Cir. 2023).
Dream Defenders v. Governor of the State of Florida, 57 F.4th 879 (11th Cir. 2023). “See Fla. Stat. § 870.01 (2) (2020) (“[A person] guilty of a riot, or USCA11 Case: 21-13489 Document: 84-1 Date Filed: 01/10/2023 Page: 4 of 29 4 Opinion of the Court 21-13489 of inciting or encouraging a riot, shall be guilty of a felony of the third degree .”
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 issue in this cause.”
Mobley v. State, 409 So. 2d 1031 (Fla. 1982). “In Beasley we upheld the constitutionality of section 870.01(2), Florida Statutes (1973), which prohibits riots, by construing the statute in terms of the common law definition of riots.”
White v. State, 330 So. 2d 3 (Fla. 1976). “" Fla. Stat. § 870.01 (2). [3] "Whoever shall act in a loud, boisterous or disorderly manner so as to disturb the peace and quiet of any neighborhood or family, by loud or unusual noise, or by tumultuous or offensive behavior, threatening, traducing, quarreling, challenging to…”
State v. Simpson, 347 So. 2d 414 (Fla. 1977). “1976), we upheld the related riot statute, [3] Section 870.01, Florida Statutes, and held the term riot must be defined as it was understood at common law since it was not expressly defined in the statute.”
Allen v. State, 326 So. 2d 419 (Fla. 1975). “These consolidated cases are before this Court upon the constitutionality of the riot statute, Section 870.01(2), Florida Statutes (1973), and an improper identification procedure which allegedly made an independent identification at trial impossible.”
Johnson v. Unemployment Appeals Com'n, 680 So. 2d 1073 (Fla. 5th DCA 1996). “…that she was aware she entered a plea of nolo contendere and adjudication was withheld. I would affirm. NOTES [1] § 870.01, Fla. Stat. (1979).”
Dream Defenders v. Governor of the State of Florida, 119 F.4th 872 (11th Cir. 2024). “Fla. Stat. § 870.01 (2). In response to House Bill 1’s passage, the plaintiffs, Dream Defenders and other civil rights organizations that organize and at- tend racial justice protests, filed a complaint against defendants Governor Ron DeSantis and Mike Williams, the Sheriff of…”
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 Statutes (1973).”
Meader v. State, 665 So. 2d 344 (Fla. 4th DCA 1995). “§§ 870.01(2), 775.082(3)(d), Fla. Stat. (1991).”
Jones v. State, 584 So. 2d 190 (Fla. 5th DCA 1991). “[3] § 870.01(2), Fla. Stat. (1987). [4] § 810.”
Ron DeSantis, Governor v. Dream Defenders (Fla. 2024). “(amending § 870.01, Fla. Stat. (1965)). It fell to this Court to supply one.”
— 870.01(1) — 7 cases
D.L.B. v. State, 707 So. 2d 844 (Fla. 1st DCA 1998).
D.J. v. State, 651 So. 2d 1255 (Fla. 1st DCA 1995).
D.L.B. v. State, 720 So. 2d 202 (Fla. 1998).
DJ v. State, 651 So. 2d 1255 (Fla. 1st DCA 1995).
DLB v. State, 707 So. 2d 844 (Fla. 2d DCA 1998).
— 870.01(2) — 16 cases
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 issue in this cause.”
Mobley v. State, 409 So. 2d 1031 (Fla. 1982). “In Beasley we upheld the constitutionality of section 870.01(2), Florida Statutes (1973), which prohibits riots, by construing the statute in terms of the common law definition of riots.”
Allen v. State, 326 So. 2d 419 (Fla. 1975). “These consolidated cases are before this Court upon the constitutionality of the riot statute, Section 870.01(2), Florida Statutes (1973), and an improper identification procedure which allegedly made an independent identification at trial impossible.”
State v. Simpson, 347 So. 2d 414 (Fla. 1977). “1976), we upheld the related riot statute, [3] Section 870.01, Florida Statutes, and held the term riot must be defined as it was understood at common law since it was not expressly defined in the statute.”
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 Statutes (1973).”
— 870.01(2)(a) — 1 case
Ron DeSantis, Governor v. Dream Defenders (Fla. 2024). “(amending § 870.01, Fla. Stat. (1965)). It fell to this Court to supply one.”
— 870.01(6) — 1 case
Ron DeSantis, Governor v. Dream Defenders (Fla. 2024). “(amending § 870.01, Fla. Stat. (1965)). It fell to this Court to supply one.”
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