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Florida Statute 876.22 | Lawyer Caselaw & Research
F.S. 876.22 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 876.22

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. 876.22
876.22 Subversive activities law; definitions.—As used in ss. 876.23-876.31:
(1) “Organizations” means an organization, corporation, company, partnership, association, trust, foundation, fund, club, society, committee, political party, or any group of persons, whether or not incorporated, permanently or temporarily associated together for joint action or advancement of views on any subject or subjects.
(2) “Subversive organization” means any organization which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or advocate, abet, advise, or teach activities intended to overthrow, destroy, or to assist in the overthrow or destruction of the constitutional form of the Government of the United States, the constitution or government of the state, or of any political subdivision of either of them, by revolution, force, violence, or other unlawful means.
(3) “Foreign subversive organization” means any organization directed, dominated, or controlled, directly or indirectly, by a foreign government which engages in or advocates, abets, advises, or teaches, or a purpose of which is to engage in or to advocate, abet, advise, or teach, activities intended to overthrow, destroy, or to assist in the overthrow or destruction of the constitutional form of the Government of the United States, or of this state, or of any political subdivision of either of them, and to establish in place thereof any form of government the direction and control of which is to be vested in, or exercised by or under, the domination or control of any foreign government, organization, or individual.
(4) “Foreign government” means the government of any country, nation, or group of nations other than the Government of the United States or of one of the states thereof.
(5) “Subversive person” means any person who commits, attempts to commit, or aids in the commission, or advocates, abets, advises, or teaches by any means any person to commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy, or to assist in the overthrow or destruction of the constitutional form of the Government of the United States, or of this state, or any political subdivision of either of them, by revolution, force, violence, or other unlawful means; or who is a member of a subversive organization or a foreign subversive organization.
History.—s. 1, ch. 28221, 1953.

F.S. 876.22 on Google Scholar

F.S. 876.22 on Casetext

Amendments to 876.22


Arrestable Offenses / Crimes under Fla. Stat. 876.22
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 876.22.

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. Johnson v. Florida

    Case No: 2:19-cv-640-FtM-38NPM (M.D. Fla. Dec. 11, 2019)
    Florida Statute Sections 876.22 and 876.23 concern subversive activities and Florida Statute Section 876.32 concerns treason. Other than in conclusory statements, Plaintiff fails to show how these statute sections apply to any act or omission by either Ave Maria Town and/or Ave Maria School of Law.
    PAGE 3

  2. Gibson v. Florida Legislative Investigation Com

    108 So. 2d 729 (Fla. 1959)   Cited 13 times
    In State v. Diez, Fla. 1957, 97 So.2d 105, we ourselves have previously taken note of the Nelson decision. As against the identical contention now submitted by these appellants, we upheld Section 876.22, Florida Statutes, F.S.A., requiring a so-called Loyalty Oath as a condition to public employment in this state. We there pointed out and we here repeat for emphasis that in the Nelson case the State of Pennsylvania had indicted Nelson for advocacy of the violent overthrow of the government of the United States contrary to the Pennsylvania statute. See Commonwealth v. Nelson, 377 Pa. 58, 104 A.2d 133. Nowhere in the charges against Nelson were there any allegations of seditious conduct against the state. The decision of a court must necessarily be read in the light of the factual situation which produces it. In the Nelson case the Supreme Court of the United States was confronted solely and entirely with the charge of seditious conduct against the United States in violation of a state statute. It is inconceivable to us that the decision could or should be given controlling effect in situations which were not even remotely before the Supreme Court of the United States when…

  3. State v. Diez

    97 So. 2d 105 (Fla. 1957)   Cited 7 times
    Afterward the legislature passed Chapter 28221, Laws of Florida, Acts of 1953, F.S.A. § 876.22 et seq., condemning communism and its kind and all their works. Incidentally, it was provided in this act, that it should be felonious "knowingly and willfully" to engage in subversive activities. The significance of the language we quote will become apparent when we presently discuss the averments of the informations filed against the appellee.
    PAGE 107

  4. State v. Kelly

    76 So. 2d 798 (Fla. 1954)   Cited 14 times
    As a prelude to Chapter 28221, Acts of 1953, F.S.A. § 876.22 et seq., an act to protect against subversive activities, there was a similar legislative finding, to which was attached the further finding that the objective of the Communist Party was "the establishment of totalitarian dictatorship in all parts of the world under its control", and to liquidate all "political parties other than the Communist Party, the abolishment of free speech, free assembly, and freedom of religion, and is the complete antithesis of the American constitutional form of government" and that the "Communist movement plainly presents a clear and present danger to the United States Government and to the State of Florida".
    PAGE 802

    Cases from cite.case.law:

    R. GIBSON, E. Jr. v. FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE, ROSENBLATT, v. FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE, T. GRAHAM v. FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE, TEPLOW, v. FLORIDA LEGISLATIVE INVESTIGATION COMMITTEE,, 108 So. 2d 729 (Fla. 1958)

    . . . As against the identical contention now submitted by these appellants, we upheld Section 876.22, Florida . . . By Chapter 28221, Laws of Florida 1953, commonly known as the subversive activities law, Sections 876.22 . . .

    STATE v. DIEZ,, 97 So. 2d 105 (Fla. 1957)

    . . . . § 876.22 et seq., condemning communism and its kind and all their works. . . .

    STATE FELDMAN, v. J. KELLY, STATE SHLAFROCK, v. J. KELLY, STATE MARKS, v. J. KELLY, STATE LIPPERT, v. J. KELLY, STATE SMOLIKOFF, a k a v. J. KELLY, STATE MARKS, v. J. KELLY, STATE BIRNBERG, v. J. KELLY, STATE GRAFF, v. J. KELLY, STATE CARROLL, v. J. KELLY, STATE SORKIN, v. J. KELLY, STATE H. D. PRENSKY, DDS, v. J. KELLY, STATE SHANTZEK, v. J. KELLY, STATE ROHINSKY, v. J. KELLY, STATE CARBONELL, v. J. KELLY,, 76 So. 2d 798 (Fla. 1954)

    . . . affiliation or membership in such organizations is a felony under the Smith Act (or under Sections 876.22 . . . As a prelude to Chapter 28221, Acts of 1953, F.S.A. § 876.22 et seq., an act to protect against subversive . . .

    CITIZENS NAT. TRUST SAVINGS BANK OF LOS ANGELES v. WELCH, 119 F.2d 717 (9th Cir. 1941)

    . . . The State bank’s return 1 showed a tax liability of $876.22. . . . disallowance, determined that, in respect of such income, there was a tax liability of $27,833:38 instead of $876.22 . . .

    FREDERICK WARNE COMPANY, LIMITED, v. THE UNITED STATES, 62 Ct. Cl. 363 (Ct. Cl. 1926)

    . . . 337. 52 Liberty bonds, 4th loan_ 500.00- Plates_ 3, 838. 30 Purniture and fixtures_ 618.50 Total- 32, 876.22 . . .