Florida Statutes

Fla. Stat. § 871.01 (2025)

Disturbing schools and religious and other assemblies.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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871.01 Disturbing schools and religious and other assemblies.—

(1)(a) Whoever willfully and maliciously interrupts or disturbs any school or any assembly of people met for the worship of God, any assembly of people met for the purpose of acknowledging the death of an individual, or for any other lawful purpose commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) If a person commits a violation of paragraph (a) and in doing so makes a credible threat, as that term is defined in s. 784.048(1), he or she commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the penalty for a violation of this subsection is reclassified under s. 775.085, such a violation is considered a hate crime for purposes of the reporting requirements of s. 877.19.

(2) Whoever willfully interrupts or disturbs any assembly of people met for the purpose of acknowledging the death of an individual with a military funeral honors detail pursuant to 10 U.S.C. s. 1491 commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—ss. 19, 21, 22, ch. 1637, 1868; RS 2627, 2629, 2630; GS 3547; s. 1, ch. 5719, 1907; RGS 5448; CGL 7591; s. 1130, ch. 71-136; s. 1, ch. 2006-264; s. 5, ch. 2023-24.

Arrestable Offenses under F.S. 871.01

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§871.01(2)DISTURBING PEACEINTERRUPT MILITARY FUNERAL HONORS DETAILM · 1st

§871.01DISTURBING PEACERENUMBERED. SEE REC # 9914M · 2nd

§871.01(1a)DISTURBING PEACEDISTURB LAWFUL ASSEMBLYM · 1st

§871.01(1b)DISTURBING PEACEDISTURB LAWFUL ASSEMBLY CREDIBLE THREATF · 3rd

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1970–2025 · leading case: Lozman v. Riviera Beach, 138 S. Ct. 1945 (2018).

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Lozman v. Riviera Beach, 138 S. Ct. 1945 (2018). “Fla. Stat. §871.01 (2017). (The City had brought this statute to the District Court’s attention during the course of the litigation.”

S.H.B. v. State, 355 So. 2d 1176 (Fla. 1977). · cites it 11× “Section 871.01, Florida Statutes, states: “Whoever wilfully interrupts or disturbs any school or any assembly of people met for the worship of God or for any lawful purpose shall be guilty of a misdemeanor of the second degree .”

Denno Ex Rel. Denno v. Sch. Bd. of Volusia Cnty., 959 F. Supp. 1481 (M.D. Fla. 1997). · cites it 6× “One week after Wayne’s suspension, Defendants filed a criminal complaint against Wayne, alleging that he disturbed a school function in violation of Fla. Stat. § 871.01 . Plaintiff filed the instant suit in this Court on *1484 July 15,1996, seeking to recover compensatory and…”

In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). · cites it 2× “Comment To commit an offense under § 871.01 a person must have deliberately acted to create a disturbance.”

Weidner v. State, 380 So. 2d 1286 (Fla. 1980). · cites it 8× “This cause is before the Court on appeal from a judgment of the County Court, Putnam County, in which that court passed upon the constitutionality of section 871.01, Florida Statutes (1977). Appellant was convicted of disturbing a public assembly in violation of that section, a…”

In Re Amir X.S., 639 S.E.2d 144 (S.C. 2006). “” Fla. Stat. § 871.01 (1973). The plaintiff, convicted under the statute for behavior that included “running through the halls of a school in session, disobeying the lawful and reasonable requests of school officials, and repeated loud utterances,” claimed the statute was overly…”

Cross v. State, 374 So. 2d 519 (Fla. 1979). · cites it 4× “The totality of these acts, in the context in which they were performed, constitutes a willful disturbance of a school by appellant, in violation of Section 871.01, Florida Statutes. 355 So.”

Carlson v. City of Tallahassee, 240 So. 2d 866 (Fla. 1st DCA 1970). · cites it 2× “Such conduct is also expressly made violative of a state statute, Section 871.01, Florida Statutes, F.S.A., which prohibits the wilful interruption or disturbing of any assembly of people met for any lawful purpose in this state.”

Fane Lozman v. City of Riviera Beach, 681 F. App'x 746 (11th Cir. 2017). · cites it 2× “Reversal is warranted only if the failure to give an instruction prejudiced the requesting party. Id. III. A. ' Lozman first argues that the district court erred in denying his motion for new trial because the jury’s verdict finding probable cause to arrest for a violation of…”

Amendments to Florida Rules of Crim. Procedure re Sentencing Guidelines, 685 So. 2d 1213 (Fla. 1996). “(⅝) If the offender is found to be a member of a criminal street gang pursuant to section 871.01, at the time of the commission of the primary offense, the subtotal sentence points are multiplied by 1.”

SHB v. State, 355 So. 2d 1176 (Fla. 1977). · cites it 13× “After a hearing before juvenile court, the state's petition to have appellant adjudicated delinquent for violation of Section 871.01, Florida Statutes, was sustained.”

State v. Sweet, 616 So. 2d 114 (Fla. 2d DCA 1993). · cites it 3× “" In so doing the county court held that the applicable statute, section 871.01, Florida Statutes (1991), is unconstitutionally overbroad and vague.”

Show all 14 citing cases →

— 871.01(1) — 1 case

In Re Stand. Jury Inst. in Crim. Cases No. 2007-03, 976 So. 2d 1081 (Fla. 2008). “Comment To commit an offense under § 871.01 a person must have deliberately acted to create a disturbance.”

— 871.01(1)(a) — 1 case

Jones v. State of Florida (Fla. 2d DCA 2025).

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