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Florida Statute 876.13 | Lawyer Caselaw & Research
F.S. 876.13 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 876.13

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. 876.13
876.13 Wearing mask, hood, or other device on public property.No person or persons shall in this state, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be, or appear upon or within the public property of any municipality or county of the state.
History.s. 3, ch. 26542, 1951.

F.S. 876.13 on Google Scholar

F.S. 876.13 on Casetext

Amendments to 876.13


Arrestable Offenses / Crimes under Fla. Stat. 876.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

S876.13 - PUBLIC ORDER CRIMES - WEAR HOOD OR MASK ON PUBLIC PROPERTY - M: S



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. Nicol v. State

    939 So. 2d 231 (Fla. Dist. Ct. App. 2006)
    We note that by statute, wearing a mask has been made a misdemeanor of the second degree under certain circumstances. See generally §§ 876.12—.20, Fla. Stat. (2001). For example, section 876.12 criminalizes wearing a mask or hood on a public way; section 876.13 criminalizes the wearing of a hood or mask on public property; and section 876.14 makes it illegal to wear a hood or mask on the property of another. These statutes, which were first passed in the 1950's, were apparently aimed at the Ku Klux Klan. The Florida Supreme Court found one of these statutes (all of which are virtually identical) unconstitutional in Robinson v. State, 393 So.2D 1076 (Fla. 1980) (holding that statute criminalizing wearing hood of mask on public property was overbroad, and exceptions provided by section 876.16 were not sufficient to cure this fatal overbreadth, nor were the statutory words susceptible of any limiting construction). The legislature apparently attempted to cure these problems in 1981, by the passage of section 876.155m Florida Statutes, which limits the application of these statutes.
    PAGE 234
  2. Mash v. State

    499 So. 2d 35 (Fla. Dist. Ct. App. 1986)   Cited 3 times
    Reason # 1 is invalid on three separate points. First, the use of a dangerous weapon is an essential element of the offense of armed robbery, Thorne v. State, 496 So.2d 891 (Fla. 2d DCA 1986), and is thus a factor already taken into account in calculating the guideline sentence. Hendrix v. State, 475 So.2d 1218 (Fla. 1985). Second, since appellant was not convicted of wearing a mask, pursuant to sections 876.13 and 876.155(4), Florida Statutes, the use of this reason violates Florida Rule of Criminal Procedure 3.701(d)(11). Third, the use of the victim's removal from the scene as a reason for departure is also invalid under the Hendrix case since it is an inherent element of the kidnapping in this case.
    PAGE 36
  3. Fletcher v. State

    472 So. 2d 537 (Fla. Dist. Ct. App. 1985)   Cited 28 times
    WHEREAS, the Supreme Court of Florida, in Robinson v. State, [ 393 So.2d 1076] Case Number 58,232, decided December 18, 1980, held that s. 876.13, Florida Statutes, was unconstitutional because it was susceptible of application to entirely innocent activities, and
    PAGE 540
  4. Robinson v. State

    393 So. 2d 1076 (Fla. 1981)   Cited 9 times
    Appellant was charged with violating section 876.13, Florida Statutes (1977). That section provides:

    Cases from cite.case.law:

    NICOL, Jr. v. STATE, 939 So. 2d 231 (Fla. Dist. Ct. App. 2006)

    . . . For example, section 876.12 criminalizes wearing a mask or hood on a public way; section 876.13 criminalizes . . .

    HERNANDEZ, v. SUPERINTENDENT, FREDERICKSBURG- RAPPAHANNOCK JOINT SECURITY CENTER,, 800 F. Supp. 1344 (E.D. Va. 1992)

    . . . . §§ 876.12, 876.13 (1987); La.Rev.Stat.Ann. § 14:313 (West 1986); Mich.Comp.Laws § 750.-396 (1979); . . .

    MASH, v. STATE, 499 So. 2d 35 (Fla. Dist. Ct. App. 1986)

    . . . Second, since appellant was not convicted of wearing a mask, pursuant to sections 876.13 and 876.155( . . .

    FLETCHER, v. STATE, 472 So. 2d 537 (Fla. Dist. Ct. App. 1985)

    . . . State, [393 So.2d 1076] Case Number 58,232, decided December 18, 1980, held that s. 876.13, Florida Statutes . . .

    B. W. ROBINSON, v. STATE, 393 So. 2d 1076 (Fla. 1980)

    . . . Appellant was charged with violating section 876.13, Florida Statutes (1977). . . .