The 2023 Florida Statutes
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Moreover, state law enforcement officers have numerous criminal statutes at their disposal that prohibit and punish unlawful conduct, and which protect public safety and private property. This non-exhaustive list includes, but is not limited to , Disorderly Conduct, § 877.03, Fla. Stat.; Affray, § 877.01(1), Fla. Stat.; Criminal Mischief, § 806.13, Fla. Stat.; Arson, § 806.01, Fla. Stat.; Fire bombs, § 806.111, Fla. Stat.; Assault, § 784.011, Fla. Stat.; Aggravated Assault, § 784.021, Fla. Stat.; Battery and Felony Battery, § 784.03, Fla. Stat.; Aggravated Battery, § 784.045, Fla. Stat.; Assault or Battery on Law Enforcement, § 784.07, Fla. Stat.; Assault or Battery on Person 65 or Older, § 784.08, Fla. Stat.; Trespassing §§ 810.08 – 09, Fla. Stat.; Burglary, § 810.02, Fla. Stat.; Mob Intimidation, § 784.0495, Fla. Stat.; Resisting Officer With Violence, § 843.01, Fla. Stat.; Resisting Officer Without Violence, § 843.02, Fla. Stat.; Obstruction by Disguised Person, § 843.03, Fla. Stat.; Unlawful Assemblies, § 870.02, Fla. Stat.; and Destroying/Demolishing Memorial or Historic Property, § 806.135, Fla. Stat.To recap, section 15 defines "riot" and section 16 changes when bail is available for those arrested for unlawful assembly. § 870.01, Fla. Stat. (2021) ; § 870.02, Fla. Stat. (2021).Section 870.02 provides as follows: “If three or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall be guilty of a misdemeanor of the second degree....” In State v. Simpson, 347 So.2d 414 (Fla.1977), the Florida Supreme Court construed section 870.02 “to prohibit (1) an assembly of three or more persons who, (2) having a common unlawful purpose, (3) assemble in such a manner as to give rational, firm, and courageous persons in the neighborhood of the assembly a well-grounded fear of a breach of the peace.” Id. at 415 (emphasis added).Appellants argue that section 870.03 is unconstitutionally vague and that it violates their right to freedom of assembly. These arguments mimic the arguments found wanting in State v. Simpson, 347 So.2d 414 (Fla. 1977), appeal dismissed, 434 U.S. 961, 98 S.Ct. 498, 54 L.Ed.2d 447 (1977), and State v. Beasley, 317 So.2d 750 (Fla. 1975). 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. Similarly, in Simpson we adopted the common law definition of unlawful assembly in construing section 870.02 so as to render it constitutional. We construed section 870.02 as prohibiting "(1) an assembly of three or more persons who, (2) having a common unlawful purpose, (3) assemble in such a manner as to give rational, firm, and courageous persons in the neighborhood of the assembly a well-grounded fear of a breach of the peace." 347 So.2d at 415 (footnote omitted).Section 870.02, Florida Statutes, provides:§ 870.02, Fla. Stat. (1975), reads:"If three or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall be guilty of [unlawful assembly]." Sec. 870.02, F.S. 1973.Chapter 870 Fla. Stat., F.S.A., entitled "Affrays; Riots; Routs; Unlawful Assemblies," provides the penalties for persons guilty of affrays and riots (§ 870.01 (1) and (2); defines unlawful assemblies and provides the penalty therefor (§ 870.02); and provides a greater penalty for persons participating in riots involving destruction of buildings or vessels (§ 870.03).The Appellants Callendar, Smith, and O'Connor were convicted in the County Judge's Court for Marion County on a charge of unlawful assembly in violation of F.S. § 870.02, F.S.A. Their appeal to the circuit court was dismissed on motion of the State Attorney for failure to comply with the appropriate Florida Appellate Rules. In his order dismissing the appeals the circuit judge added that he had nevertheless examined the record and briefs and found the appeals to be without merit. While it is not vital to our disposition of this cause we note that the notices of appeals before the circuit judge sought review of the verdict of the jury, the order denying the defendants' motion for new trial, and the sentence imposed on the defendants, but not of the judgment of guilt. Neither the verdict of the jury nor the order denying new trial are appealable orders. A sentence is appealable by a defendant only on the grounds that it is excessive or illegal. F.S. Section 924.06 (4) F.S.A. It does not appear that the appellants contended that the sentence itself was either illegal or excessive. This circumstance may well account for the gratuitous statement by the circuit judge that he… The appellants were charged with the violation of the municipal ordinances of the City of Tallahassee. Nowhere in the complaint were they charged with a violation of a state statute. A reference to Section 870.04, supra, as amended, will reveal that the statute condemns a riotous assembly and provides a penalty under Section 870.02, Florida Statutes, F.S.A. The offense described in the statute is a misdemeanor triable in the state courts. The statute does not even impliedly define a municipal offense. This distinction is important in determining our jurisdiction. It is perfectly clear that the municipal judge was not confronted by the necessity of passing directly on the validity of a state statute. The most that could be said would be that he was called upon to pass upon the validity of a municipal ordinance. In actuality, the record indicates that he was merely requested to decide that "the statute" was invalid "as applied to the appellants." The real contention asserted before the trial judge questioned the application of the statute, rather than its fundamental validity.. . . Five of his probation by committing two new law violations — unlawful assembly in violation of section 870.02 . . . Section 870.02 Unlawful Assembly Section 870.02 provides as follows: “If three or more persons meet together . . . Simpson, 347 So.2d 414 (Fla.1977), the Florida Supreme Court construed- section 870.02 “to prohibit ( . . .
. . . 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, 870.02 . . .
. . . Similarly, in Simpson we adopted the common law definition of unlawful assembly in construing section 870.02 . . . We construed section 870.02 as prohibiting “(1) an assembly of three or more persons who, (2) having . . .
. . . . §§ 877.03 , 870.02 (1979). . . . Section 870.02, Florida Statutes, provides: If three or more persons meet together to commit a breach . . .
. . . dismissed informations filed against defendants, declaring Florida’s statute on unlawful assembly, Section 870.02 . . . Section 870.02 makes it unlawful for three or more persons to meet in order “to commit a breach of the . . . Accordingly, we construe Section 870.02 to prohibit (1) an assembly of three or more persons who, (2) . . . V, § 3(b)(1), Fla.Const. . § 870.02, Fla.Stat. (1975), reads: “Unlawful assemblies. — If three or more . . . I concur in the majority opinion because as construed and limited, I believe Section 870.02, Florida . . . There are no such limitations found in our construction of Section 870.02. . . .
. . . affrays and riots (§ 870.01 (1) and (2); defines unlawful assemblies and provides the penalty therefor (§ 870.02 . . .
. . . . § 870.02; Page’s Ohio Rev.Code Ann. § 3761.13; Vernon’s Texas Penal Code, Art. 455. . . . .
. . . . § 870.02, F.S.A. . . .
. . . amended, will reveal that the statute condemns a riotous assembly and provides a penalty under Section 870.02 . . .