The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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§ 876.18, Fla. Stat. (1993). Because this statute restricts expressive activity, the First Amendment is implicated.
The state seeks review of an order dismissing a count of a delinquency petition which charged that appellee, T.B.D., placed on the property of another, without obtaining written permission, a burning or flaming cross, in violation of section 876.18, Florida Statutes (1993). The trial court held that section 876.18 was unconstitutional on its face because it infringed upon rights protected by the First Amendment to the United States Constitution. We conclude that section 876.18 criminalizes a substantial amount of expression protected by the First Amendment and is, therefore, overbroad. Accordingly, we affirm.
. . . Fla. 1st DCA 1994), wherein the district court declared Florida’s anti-cross burning statute, section 876.18 . . . cross on the property of Atef Abdul-Nour in Jacksonville on August 2, 1993, in violation of section 876.18 . . . Section 876.18 prohibits the placing of a flaming cross on the property of another without written permission . . . : 876.18 Placing burning or flaming cross on property of another. — It shall be unlawful for any person . . . Based on the foregoing, we find section 876.18, Florida Statutes (1993), constitutional. . . .
. . . another, without obtaining written permission, a burning or flaming cross, in violation of section 876.18 . . . The trial court held that section 876.18 was unconstitutional on its face because it infringed upon rights . . . We conclude that section 876.18 criminalizes a substantial amount of expression protected by the First . . . T.B.D. was charged with a violation of section 876.18, Florida Statutes (1993), which reads: It shall . . . Employing such an analysis, it is clear that section 876.18 implicates First Amendment considerations . . .
. . . 843.13, 843.17, 847.011(1), (2), (4), 847.0125(2), 847.013(2), 847.06, 847.07, 870.01, 870.02, 876.17, 876.18 . . .
. . . Payments and credits reduced the amount due to $268,-876.18 plus statutory interest. . . .
. . . Bowman, $876.18. . . . Bowman shall be reduced by the amount of $876.18, and it is hereby further ordered that the Revised Plan . . .