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Florida Statute 876.01 | Lawyer Caselaw & Research
F.S. 876.01 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 876.01

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLVI
CRIMES
Chapter 876
CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER
View Entire Chapter
F.S. 876.01
876.01 Advocacy of specified doctrines relating to overthrow of constitutional government by force or violence prohibited.—“Criminal anarchy,” “criminal Communism,” “criminal Naziism,” or “criminal Fascism” are doctrines that existing form of constitutional government should be overthrown by force or violence or by any other unlawful means, or by assassination of officials of the Government of the United States or of the several states. The advocacy of such doctrines either by word of mouth or writing or the promotion of such doctrines independently or in collaboration with or under the guidance of officials of a foreign state or an international revolutionary party or group is unlawful.
History.—s. 1, ch. 20216, 1941; s. 1136, ch. 71-136.

F.S. 876.01 on Google Scholar

F.S. 876.01 on Casetext

Amendments to 876.01


Arrestable Offenses / Crimes under Fla. Stat. 876.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 876.01.

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. State v. Diez

    97 So. 2d 105 (Fla. 1957)   Cited 7 times
    Two state laws have been passed dealing with the general subject of communism and one with loyalty to the government as a qualification for employment by the state. The earliest of these was Chapter 20216, Laws of Florida, Acts of 1941, F.S.A. § 876.01 et seq., outlawing in the State of Florida the Communist Party, the Bund, and all groups, organizations or individuals seeking to overthrow the government of the United States by force. Such was the title, and in the body of the act there is reference to the assassination of officials of the state as well as the federal government. In this act criminal anarchy, criminal communism, criminal nazi-ism and criminal fascism were denounced.
    PAGE 107

  2. State v. Kelly

    76 So. 2d 798 (Fla. 1954)   Cited 14 times
    It is necessary that we refer to and consider F.S. §§ 876.01, 876.02(4, 5) and 876.03, F.S.A., in order to determine whether or not membership in the Communist Party is a crime in this state. These sections have reference to criminal communism and it is a crime and a felony, punishable by imprisonment for not more than 10 years or a fine of not more than $10,000, or both, to be a member of a criminal communist organization as defined and referred to in the above mentioned provisions of the law. As to whether or not there was an effort to connect petitioners with criminal communism, the record and the questions propounded them show that the investigation before the Grand Jury was about communist activities under the statute, including communist activities in Dade County. In our view said questions were ample to contemplate criminal communism. See State ex rel. Benemovsky v. Sullivan, Fla., 37 So.2d 907.
    PAGE 801

  3. Joopanenko v. Gavagan

    67 So. 2d 434 (Fla. 1953)   Cited 18 times
    "The petition for the rule nisi shows that the county solicitor was investigating charges of criminal communism as defined by Sections 876.01 to 876.04 inclusive, Florida Statutes 1941, F.S.A., the gist of which condemns advocating, publishing, organizing or becoming a member of an association which teaches the overthrow of Government by force, assassination, sabotage or other forcible resistance of constituted authority or who permits any building, over which he had dominion or control to be used for that purpose."
    PAGE 437

  4. State v. Sullivan

    37 So. 2d 907 (Fla. 1948)   Cited 19 times
    The petition for the rule nisi shows that the county solicitor was investigating charges of criminal communism as defined by Sections 876.01 to 876.04 inclusive, Florida Statutes 1941, F.S.A., the gist of which condemns advocating, publishing, organizing or becoming a member of an association which teaches the overthrow of Government by force, assassination, sabotage or other forcible resistance of constituted authority or who permits any building, over which he had dominion or control to be used for that purpose.

    Cases from cite.case.law:

    STATE v. DIEZ,, 97 So. 2d 105 (Fla. 1957)

    . . . . § 876.01 et seq., outlawing in the State of Florida the Communist Party, the Bund, and all groups, . . .

    STATE FELDMAN, v. J. KELLY, STATE SHLAFROCK, v. J. KELLY, STATE MARKS, v. J. KELLY, STATE LIPPERT, v. J. KELLY, STATE SMOLIKOFF, a k a v. J. KELLY, STATE MARKS, v. J. KELLY, STATE BIRNBERG, v. J. KELLY, STATE GRAFF, v. J. KELLY, STATE CARROLL, v. J. KELLY, STATE SORKIN, v. J. KELLY, STATE H. D. PRENSKY, DDS, v. J. KELLY, STATE SHANTZEK, v. J. KELLY, STATE ROHINSKY, v. J. KELLY, STATE CARBONELL, v. J. KELLY,, 76 So. 2d 798 (Fla. 1954)

    . . . . §§ 876.01, 876.02(4, S) and 876.03, F.S.A., in order to determine whether or not membership in the . . . Chapter 20216, Laws of Florida, now Sections 876.01-876.04, F.S.A., under which the present investigation . . .

    JOOPANENKO v. GAVAGAN, 67 So. 2d 434 (Fla. 1953)

    . . . shows that the county solicitor was investigating charges of criminal communism as defined by Sections 876.01 . . .

    HOFFMAN v. MITCHELL, 201 F. 506 (7th Cir. 1912)

    . . . Carmel Gas & Electric Company, the sum of eight hundred seventy-six and Vioo dollars ($876.01), which . . . under the citation: That the appellants are “directed and ordered by the court to pay” to the receiver $876.01 . . .