The 2023 Florida Statutes
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When the Incident Commander determines that the participants [of an assembly] are unlawfully, riotously, or tumultuously assembled in violation of [Fla. Stat. §] 870.04, the following proclamation must be issued before an arrest for unlawful assembly is made: DISPERSAL ORDER I am (rank and name), of the Fort Lauderdale Police Department. I hereby declare this to be an unlawful assembly and, in the name of the State of Florida, command all persons so assembled at (specific address of location) to immediately and peacefully disperse, which means to separate and leave the area. If you do not do so, you will be arrested or subjected to other police action. Other police action may include the use of less-lethal munitions, or chemical agents. Chapter 870.04 of the Florida State Statutes prohibits remaining present at an unlawful assembly. If you remain in the area, which was just described, regardless of your purpose for remaining, you will be in violation of Section 870.04. The following routes of dispersal are available: (give directions for evacuation routes). You have (X number of minutes) to leave in a peaceful, orderly manner, or face arrest or other… Section 870.05 must be read in conjunction with section 870.04. Both statutes were enacted together in 1868. See Ch. 1637, subc. 7, §§ 1, 2, and 6, Laws of Fla. (1868). Section 870.04 provides, in pertinent part:Upon review of Defendant Tony's response and the arguments presented at the telephonic hearing with respect to this point, this Court reaffirms that Defendant Sheriffs are properly before this Court as "state officials" with respect to their state-law function to enforce Florida's anti-riot laws. As discussed at the hearing, Florida sheriffs are required by Florida law to command, "in the name of the state," that unlawful assemblies are to disperse. See § 870.04, Fla. Stat. Indeed, no other crime in Florida is subject to such statewide concern. See § 14.022, Fla. Stat. (establishing Governor's emergency power to order sheriffs to suppress riots); § 30.15(1)(f), Fla. Stat. (establishing Sheriffs’ duty to suppress riots). For these reasons, and those set out in this Court's Order on the Motions to Dismiss, this Court concludes that Florida sheriffs act as state officials when enforcing Florida's anti-riot laws, dispersing riots under section 870.04, and quelling riots pursuant to their state-law duty under section 30.15(1)(f).Whether Officer Murphy was executing a legal duty when he closed Heroe's is a critical element to Defendants' argument for summary judgment. Florida law vests municipalities with the power to act to maintain order and to quell any disturbance or disorder. See FLA. STAT. § 14.022 (vesting in governor power to "take such measures and to do all and every act and thing which she or he may deem necessary in order to prevent violence . . . or to quell violence or any disturbance or disorder which threatens the peace and good order of society"); FLA. STAT. § 166.021 (extending to municipalities the right to exercise powers of the state, including those powers set out in section 14.022). Florida law also compels law enforcement officers to disperse "immediately and peaceably" crowds which are "unlawfully, riotously, or tumultuously assembled." FLA. STAT. § 870.04. And Eatonville Ordinance No. 96-03 makes it unlawful for a business to "knowingly permit, allow or suffer . . . [t]he place of business . . . to become unreasonably disorderly or noisy with the premises so as to annoy or disturb persons off the premises of that place of business. . . ."The assembly referred to in Section 870.05, Florida Statutes, F.S.A., is defined in Section 870.04, Florida Statutes, F.S.A., as "any number of persons, whether armed or not, [who] are unlawfully, riotously or tumultuously assembled in any county, city or municipality."Petitioner City cites its Ordinance 2848 which generally incorporates all applicable state statutes (common to many city charters). The City then refers to Fla. Stat. § 870.04, F.S.A. which places authorization to command dispersal of riotous assemblies in various peace officers who are named and also in "a mayor or commissioner". The statute makes it a crime for persons so ordered to disperse, to disobey such command and provides a penalty.Chapter 870 has been amended by the legislature in recent years, in certain respects not changing or affecting § 870.05. In 1967 § 870.01 was amended to increase the penalty for persons guilty of a riot or of inciting a riot. Also, in that year § 870.04 was amended to add, to the officers named therein who were there directed to disperse unlawful assemblies, officers of the Game and Fresh Water Fish Commission, beverage enforcement agents, personnel of the Department of Law Enforcement, "or any other peace officer." In 1969 the legislature added a number of sections to the chapter, designed to prevent riots and to strengthen control of unlawful or riotous assemblies, which included the declaring of a state of emergency in certain situations. It is of material significance that in so amending and supplementing Chapter 870 the legislature increased the officers required to enforce the provisions of § 870.04 but left intact the legal justification section, 870.05.Chapter 61-237, Laws of 1961, Florida Statutes § 870.04 provides: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.. . . . § 870.04. . . .
. . . the actions of police or other officers of a municipality, in the performance of duties imposed by § 870.04 . . . The assembly referred to in Section 870.05, Florida Statutes, F.S.A., is defined in Section 870.04, Florida . . .
. . . . § 870.04, F.S.A. which places authorization to command dispersal of riotous assemblies in various peace . . . While Fla.Stat. § 870.04, F.S.A., may be separately invoked in such a violation, it cannot be substituted . . .
. . . legal justification by § 870.05 must be read in connection with the duties imposed on the officers by § 870.04 . . . Also, in that year § 870.04 was amended to add, to the officers named therein who were there directed . . . supplementing Chapter 870 the legislature increased the officers required to enforce the provisions of § 870.04 . . . We have dealt at length with the scope and effect of §§ 870.04 and 870.05 because the precise questions . . . Reversed and remanded with direction. . “870.04 Magistrate to disperse riotous assembly. — If any number . . .
. . . S. 870.04), (which, by reference adoption in a municipal ordinance, is made an ordinance of the City . . . Chapter 61-237, Laws of 1961, Florida Statutes § 870.04 provides: “If any number of persons, whether . . .
. . . outset of the trial the appellants moved to dismiss the complaint with the contention that Section 870.04 . . . A reference to Section 870.04, supra, as amended, will reveal that the statute condemns a riotous assembly . . .