Florida Statute 870.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES

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F.S. 870.04

870.04 Specified officers to disperse riotous assembly.—If any number of persons, whether armed or not, are unlawfully, riotously, or tumultuously assembled in any county, city, or municipality, the sheriff or the sheriff’s deputies, or the mayor, or any commissioner, council member, alderman, or police officer of the city or municipality, or any officer or member of the Florida Highway Patrol, or any officer or agent of the Fish and Wildlife Conservation Commission or the Department of Environmental Protection, any beverage enforcement agent, any personnel or representatives of the Department of Law Enforcement or its successor, or any other peace officer, shall go among the persons so assembled, or as near to them as may be done with safety, and shall in the name of the state command all the persons so assembled immediately and peaceably to disperse. If such persons do not thereupon immediately and peaceably disperse, such officers shall command the assistance of all such persons in seizing, arresting, and securing such persons in custody. If any person present being so commanded to aid and assist in seizing and securing such rioter or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, or, when required by such officers to depart from the place, refuses and neglects to do so, the person shall be deemed one of the rioters or persons unlawfully assembled, and may be prosecuted and punished accordingly.

History.—ss. 1, 2, ch. 1637, 1868; RS 2409; GS 3242; RGS 5075; CGL 7177; s. 1, ch. 61-223; s. 1, ch. 61-237; s. 1, ch. 67-2203; s. 3, ch. 67-2207; ss. 20, 25, 35, ch. 69-106; s. 34, ch. 73-334; s. 1, ch. 77-174; s. 29, ch. 79-8; s. 477, ch. 94-356; s. 1399, ch. 97-102; s. 233, ch. 99-245; s. 30, ch. 2012-88; s. 16, ch. 2019-141.

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Amendments to 870.04

Arrestable Offenses / Crimes under Fla. Stat. 870.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 870.04.

Annotations, Discussions, Cases:

Cases Citing Statute 870.04

Total Results: 5

CHRISTOPHER KRICKOVICH v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-02-09

Snippet: 870.05 must be read in conjunction with section 870.04. Both statutes were enacted together in 1868. See

Cleveland v. City of Miami

Court: Supreme Court of Florida | Date Filed: 1972-05-26

Citation: 263 So. 2d 573

Snippet: municipality, in the performance of duties imposed by § 870.04 F.S. [F.S.A.] incident to dealing with a riotous

Municipal Court, City of Fort Lauderdale v. Patrick

Court: Supreme Court of Florida | Date Filed: 1971-10-27

Citation: 254 So. 2d 193, 1971 Fla. LEXIS 3256

Snippet: charters). The City then refers to Fla.Stat. § 870.04, F.S.A. which places authorization to command dispersal

City of Miami v. Cleveland

Court: District Court of Appeal of Florida | Date Filed: 1971-06-29

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

Snippet: connection with the duties imposed on the officers by § 870.04. Where it is declared by law that for certain action

Dresner v. City of Tallahassee

Court: Supreme Court of Florida | Date Filed: 1961-11-01

Citation: 134 So. 2d 228

Snippet: the complaint with the contention that Section 870.04, Florida Statutes, as amended by Chapter 61-237