Florida Statute 870.042 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES

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F.S. 870.042

870.042 Designation of local authority.—

(1) The sheriff of each of the several counties of this state, or such other county official having the duties of a sheriff in counties operating under home rule charter, by whatever name known, shall be empowered to declare that a state of emergency exists within the unincorporated areas of the county and to exercise the emergency powers conferred in ss. 870.041-870.047.

(2) The governing body of any municipality within this state may designate by duly adopted ordinance a city official who shall be empowered to declare that a state of emergency exists within the boundaries of the municipality and to exercise the emergency powers conferred in ss. 870.041-870.047. The designated city official shall be either the mayor or chief of police or the person who performs the duties of a mayor or chief of police in such municipality. In the absence of a duly adopted ordinance so designating the official so to act, the chief of police of such municipality is designated as the city official to assume the duties and powers hereof.

History.—s. 2, ch. 70-990.

F.S. 870.042 on Google Scholar

F.S. 870.042 on Casetext

Amendments to 870.042

Arrestable Offenses / Crimes under Fla. Stat. 870.042

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 870.042.

Annotations, Discussions, Cases:

Cases Citing Statute 870.042

Total Results: 2

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-09-13

Snippet: routs and unlawful assemblies, specifically s 870.042(1), F.S., which authorizes the sheriff, or such

Kirksey v. Jernigan

Court: Supreme Court of Florida | Date Filed: 1950-03-24

Citation: 45 So. 2d 188, 17 A.L.R. 2d 766, 1950 Fla. LEXIS 1339

Snippet: 940; Lubin v. Sydenham Hospital, Inc., 181 Misc. 870, 42 N.Y.S.2d 654; Gadbury v. Bleitz, 133 Wash. 134