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Florida Statute 870.041 | Lawyer Caselaw & Research
F.S. 870.041 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 870.041

The 2023 Florida Statutes

Title XLVI
CRIMES
Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
View Entire Chapter
F.S. 870.041
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.

F.S. 870.041 on Google Scholar

F.S. 870.041 on Casetext

Amendments to 870.041


Arrestable Offenses / Crimes under Fla. Stat. 870.041
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 870.041.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Smith v. Avino

    866 F. Supp. 1399 (S.D. Fla. 1994)   Cited 3 times
    Avino also acted with final authority. The Governor's executive order did not require Avino to impose a curfew; instead, it merely authorized him to do so. Avino could have imposed a curfew even if the Governor had not declared a state of emergency: Florida law provides that, where the Governor has not declared a state of emergency, local officials may do so and may impose a curfew. 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. See Praprotnik, 485 U.S. at 127, 108 S.Ct. at 926. Under these circumstances, the Court must conclude that Avino acted with final policy-making authority in imposing and continuing the Curfew.
    PAGE 1403

    Cases from cite.case.law:

    SMITH, a v. AVINO,, 866 F. Supp. 1399 (S.D. Fla. 1994)

    . . . . §§ 870.041, 870.045(1). . . .

    MADSEN v. WOMEN S HEALTH CENTER, INC., 512 U.S. 753 (U.S. 1994)

    . . . . §§870.041-870.047 (1991) (public peace); § 316.2045 (obstruction of public streets, highways, and roads . . .