The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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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.
"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."
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.
. . . Chapter 20216, Laws of Florida, now Sections 876.01-876.04, F.S.A., under which the present investigation . . .
. . . the county solicitor was investigating charges of criminal communism as defined by Sections 876.01 to 876.04 . . .