Florida Statute 876.16 - Full Text and Legal Analysis

876.16 Sections 876.11-876.15; exemptions.—The following persons are exempted from the provisions of ss. 876.11-876.15:

(1) Any person or persons wearing traditional holiday costumes;

(2) Any person or persons engaged in trades and employment where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade, or profession;

(3) Any person or persons using masks in theatrical productions, including use in Gasparilla celebrations and masquerade balls;

(4) Persons wearing gas masks prescribed in emergency management drills and exercises.

History.—s. 6, ch. 26542, 1951; s. 46, ch. 83-334.

Cases Citing F.S. 876.16

Fla. Stat. § 876.16 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
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·Robinson v. State, 393 So. 2d 1076 (Fla. 1980).
Cited 7 times | Published | Supreme Court of Florida
...e has an interest in preventing, we find that this law is susceptible of application to entirely innocent activities. It is susceptible of being applied so as to create prohibitions that completely lack any rational basis. The exceptions provided by section 876.16, Florida Statutes (1977), are not sufficient to cure this fatal overbreadth....
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Cited as authorityDP (1997)
phrase: "rule_authority"
Cited as authorityD.P. (1997)
phrase: "rule_authority"
Cited as authoritySaiez (1986)
phrase: "rule_authority"
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Nicol v. State, 939 So. 2d 231 (Fla. 5th DCA 2006).
Published | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 17011, 2006 WL 2918751
...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 or 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)....

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Cases Citing F.S. 876.16

·Robinson v. State, 393 So. 2d 1076 (Fla. 1980).

Nicol v. State, 939 So. 2d 231 (Fla. 5th DCA 2006).