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Florida Statute 876.28 | Lawyer Caselaw & Research
F.S. 876.28 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 876.28

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. 876.28
876.28 Grand jury to investigate violations of ss. 876.22-876.31.The judge of any court exercising general criminal jurisdiction when in his or her discretion it appears appropriate, or when informed by the Department of Legal Affairs that there is information or evidence of the character described in s. 876.27 to be considered by the grand jury, shall charge the grand jury to inquire into violations of ss. 876.22-876.31 for the purpose of proper action, and further to inquire generally into the purposes, processes, activities, and any other matters affecting communism or any related or other subversive organizations, associations, groups, or persons.
History.s. 7, ch. 28221, 1953; ss. 11, 35, ch. 69-106; s. 1417, ch. 97-102.

F.S. 876.28 on Google Scholar

F.S. 876.28 on Casetext

Amendments to 876.28


Arrestable Offenses / Crimes under Fla. Stat. 876.28
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 876.28.



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 ex Rel. Gerstein v. Baker

    243 So. 2d 464 (Fla. Dist. Ct. App. 1971)   Cited 2 times
    The respondent argues that § 876.28 of Chapter 876 Fla. Stat., F.S.A. dealing with subversive activities, which authorizes a judge of "any court exercising general criminal jurisdiction" to charge "the grand jury" regarding investigation of certain subversive activities, should be construed as granting jurisdiction to criminal courts of record to summon and empanel grand juries, since those offenses would be triable there. We reject that contention as unsound. First, it is to be observed that the circuit courts are the courts of general criminal jurisdiction [Art. V, Section 6(3)] and that criminal courts of record are subordinate courts of limited and defined jurisdiction [Art. V, Section 9(2)]. Compare State ex rel. Buckheitt v. Butt, 25 Fla. 258, 5 So. 597. But if the reference in the statute to "any court exercising general criminal jurisdiction" is construed to mean criminal courts of record rather than circuit courts, the direction therein that a judge of such court could charge the grand jury necessarily has reference to the circuit court grand jury, since no other is authorized by law. For a judge of the criminal court of record to charge the circuit court grand…

Cases from cite.case.law:

In A. DUFFY, K. BOYAJIAN, v. FINANCEAMERICA CORPORATION,, 32 B.R. 497 (Bankr. D.R.I. 1983)

. . . Accordingly, the total finance charge of $438.14 is doubled, resulting in damages of $876.28 for each . . .

STATE E. GERSTEIN, v. BAKER, In, 243 So. 2d 464 (Fla. Dist. Ct. App. 1971)

. . . The respondent argues that § 876.28 of Chapter 876 Fla.Stat.-, F.S.A. dealing with subversive activities . . .

WILKINSON- BEANE, INC. v. COMMISSIONER OF INTERNAL REVENUE,, 420 F.2d 352 (1st Cir. 1970)

. . . For 1965 the increase in income was $4,192.76 and the deficiency was $876.28. . . .