Florida Statutes
Fla. Stat. § 876.16 (2025)
Sections 876.11-876.15; exemptions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 2
cases, 1980–2006 · leading case: Robinson v. State, 393 So. 2d 1076 (Fla. 1980).
Robinson v. State, 393 So. 2d 1076 (Fla. 1980). “Without speculating on whether the statute is intended to apply to any core activities which the legislature has an interest in preventing, we find that this law is susceptible of application to entirely innocent activities.”
Nicol v. State, 939 So. 2d 231 (Fla. 5th DCA 2006). “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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