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Florida Statute 876.18 | Lawyer Caselaw & Research
F.S. 876.18 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 876.18

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. 876.18
876.18 Placing burning or flaming cross on property of another.It shall be unlawful for any person or persons to place or cause to be placed on the property of another in the state a burning or flaming cross or any manner of exhibit in which a burning or flaming cross, real or simulated, is a whole or part without first obtaining written permission of the owner or occupier of the premises to so do. Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 8, ch. 26542, 1951; s. 3, ch. 91-83.

F.S. 876.18 on Google Scholar

F.S. 876.18 on Casetext

Amendments to 876.18


Arrestable Offenses / Crimes under Fla. Stat. 876.18
Level: Degree
Misdemeanor/Felony: First/Second/Third

S876.18 - PUBLIC ORDER CRIMES - BURN FLAMING CROSS PROPERTY OF ANOTHER - M: F



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. State v. T.B.D

    656 So. 2d 479 (Fla. 1995)   Cited 6 times
    § 876.18, Fla. Stat. (1993). Because this statute restricts expressive activity, the First Amendment is implicated.
  2. State v. T.B.D

    638 So. 2d 165 (Fla. Dist. Ct. App. 1994)   Cited 1 times
    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.

    Cases from cite.case.law:

    STATE v. T. B. D. a, 656 So. 2d 479 (Fla. 1995)

    . . . 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. . . .

    STATE v. T. B. D. a, 638 So. 2d 165 (Fla. Dist. Ct. App. 1994)

    . . . 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 . . .

    CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

    . . . 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 . . .

    UNITED STATES v. P. SINCLAIR,, 347 F. Supp. 1129 (D. Del. 1972)

    . . . Payments and credits reduced the amount due to $268,-876.18 plus statutory interest. . . .

    In MOORHEAD KNITTING CO., 52 F. Supp. 8 (M.D. Pa. 1943)

    . . . Bowman, $876.18. . . . Bowman shall be reduced by the amount of $876.18, and it is hereby further ordered that the Revised Plan . . .