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Florida Statute 876.04 | Lawyer Caselaw & Research
F.S. 876.04 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 876.04

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. 876.04
876.04 Allowing unlawful assembly in building prohibited.—No owner, agent, superintendent, janitor, caretaker, or occupant of any place, building, or room, shall willfully and knowingly permit therein any assemblage of persons prohibited by s. 876.03, and if such person after notification that the premises are so used permits such use to be continued he or she shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 4, ch. 20216, 1941; s. 1139, ch. 71-136; s. 1413, ch. 97-102.

F.S. 876.04 on Google Scholar

F.S. 876.04 on Casetext

Amendments to 876.04


Arrestable Offenses / Crimes under Fla. Stat. 876.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

S876.04 - SOVEREIGNTY - ALLOW UNLAWFUL ASSEMBLY IN BUILDING - M: F

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. Kelly

    76 So. 2d 798 (Fla. 1954)   Cited 14 times
    The decisive cases on the point are Blau v. United States, 340 U.S. 159, 71 S.Ct. 223, 95 L.Ed. 170, and Brunner v. United States, 9 Cir., 190 F.2d 167, reversed in 343 U.S. 918, 72 S.Ct. 674, 96 L.Ed. 1332, on authority of Blau v. United States. The Blau case had to do with a prosecution under the Smith Act, effective June 28, 1940, 18 U.S.C.A. § 2385. Chapter 20216, Laws of Florida, now Sections 876.01- 876.04, F.S.A., under which the present investigation was instituted, was passed in 1941. In legal effect the latter Florida Act is a rescript of the Smith Act, both having been designed for the same purpose. The Florida Act having been patterned on the Smith Act, we have elected to accept the interpretations of the Smith Act by the Federal Courts. Duval v. Hunt, 34 Fla. 85, 15 So. 876; State ex rel. Porter v. Atkinson, 108 Fla. 325, 146 So. 581; Kidd v. City of Jacksonville, 97 Fla. 297, 120 So. 556; Gay v. Inter-County Tel. Tel. Co., Fla., 60 So.2d 22. Under the rule prescribed in these cases, interpretation of the Florida act should follow the interpretation of the Smith Act by the Federal Courts; hence we say the Blau case concludes the point.
    PAGE 801

  2. 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

  3. 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 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)

    . . . 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)

    . . . the county solicitor was investigating charges of criminal communism as defined by Sections 876.01 to 876.04 . . .