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Florida Statute 876.16 | Lawyer Caselaw & Research
F.S. 876.16 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 876.16

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. 876.16
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.

F.S. 876.16 on Google Scholar

F.S. 876.16 on Casetext

Amendments to 876.16


Arrestable Offenses / Crimes under Fla. Stat. 876.16
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 876.16.



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. Robinson v. State

    393 So. 2d 1076 (Fla. 1981)   Cited 9 times
    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. 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.
    PAGE 1077

    Cases from cite.case.law:

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

    . . . criminalizing wearing hood or mask on public property was overbroad, and exceptions provided by section 876.16 . . .

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

    . . . The exceptions provided by section 876.16, Florida Statutes (1977), are not sufficient to cure this fatal . . .