Florida Statutes

Fla. Stat. § 870.041 (2025)

Preservation of the public peace by local authority.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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870.041 Preservation of the public peace by local authority.—In the event of overt acts of violence, or the imminent threat of such violence, within a county or municipality and the Governor has not declared a state of emergency to exist, local officers shall be empowered to declare such a state of emergency exists in accordance with the provisions of ss. 870.041-870.048.

History.—s. 1, ch. 70-990.

Notes of Decisions

Cited in 2 cases, 1994–1994 · leading case: Madsen v. Women's Health Ctr., Inc., 512 U.S. 753 (1994).

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Madsen v. Women's Health Ctr., Inc., 512 U.S. 753 (1994). · cites it 2× “, Fla. Stat. §§ 870.041-870.047 (1991) (public peace); § 316.”

Smith v. Avino, 866 F. Supp. 1399 (S.D. Fla. 1994). · cites it 2× “Fla.Stat. §§ 870.041, 870.045(1). Finally, and most importantly, there is no evidence that Avino’s decisions concerning the Curfew were reviewable by the Governor or were directly constrained by policies established by the Governor.”

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