F.S.1983 AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES Ch.870

Transcription

1 F.S.1983 AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES Ch.870 that a state of emergency exists within that jurisdiction or any part or parts thereof. History.-s. 3, ch Automatic emergency measures. -Whenever the public official declares that a state of emergency exists, pursuant to s , the following acts shall be prohibited during the period of said emergency throughout the jurisdiction: (1) The sale of, or offer to sell, with or without consideration, any ammunition or gun or other firearm of any size or description. (2) The intentional display, after the emergency is declared, by or in any store or shop of any ammunition or gun or other firearm of any size or description. (3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of his duty. History.-ss. 4, 5, ch Discretionary emergency measures.-whenever the public official declares that a state of emergency exists, pursuant to s , he may order and promulgate all or any of the following emergency measures, in whole or in part, with such limitations and conditions as he may deem appropriate: (1) The establishment of curfews, including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing, and parking, except for the provision of designated essential services such as fire, police, and hospital services, including the transportation of patients thereto, utili~y emergency repairs, and emergency calls by physicians. (2) The prohibition of the sale or distribution of any alcoholic beverage, with or without the payment or a consideration therefor. (3) The prohibition of the possession on any person in a public place of any portable container containing any alcoholic beverage. (4) The closing of places of public assemblage with designated exceptions. (5) The prohibition of the sale or other transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid altogether or except by delivery into a tank properly affixed to an operable motor-driven vehicle, bike, scooter, boat, or airplane and necessary for the propulsion thereof. (6) The prohibition of the possession in a public place of any portable container containing gasoline or any other flammable or combustible liquid. filed in the office of the municipal clerk or clerk of the circuit court and delivered to appropriate news media for publication and radio and television broadcast thereof. If practicable, such state of emergency declaration or emergency measure shall be published by other means such as by posting and loudspeakers. History.-s. 7, ch Duration and termination of emergency.-a state of emergency established under ss shall commence upon the declaration thereof by the public official and shall terminate at the end of a period of 72 consecutive hours thereafter unless, prior to the end of such 72-hour period, the public official, the Governor, county commission, or city council shall have terminated such state of emergency. Any extension of the 72-hour time limit must be accomplished by request from the public official and the concurrence of the county commission or city council by duly enacted ordinance or resolution in regular or special session. History.-s. 8, ch Violations.-Any violation of a provision of ss or of any emergency measure established pursuant thereto shall be a misdemeanor of the first degree, punishable as provided in s or s History.-s. 9, ch ; s. 1128, ch When killing excused.-if, by reason of the efforts made by any of said officers or by their direction to disperse such assembly, or to seize and secure the persons composing the same, who have refused to disperse, any such person or other person present is killed or wounded, the said officers and all persons acting by their order or under their direction, shall be held guiltless and fully justified in law; and if any of said officers or any person acting under or by their direction is killed or wounded, all persons so assembled and all other persons present who when commanded refused to aid and assist said officer shall be held answerable therefor. History.-s. 6, ch. 1637, 1868; RS 2410; GS 3243; RGS 5076; CGL Unauthorized military organizations. -No body of men, other than the regularly organized land and naval militia of this state, the troops of the United States, and the students of regularly chartered educational institutions where military science is a prescribed part of the course of instruction, shall associate themselves together as a military organization for drill or parade in public with firearms, in this state, without special license from the Governor for Any such emergency measure so ordered and promulgated shall be in effect during the period of said each occasion, and application for such license must be approved by the mayor and aldermen of the cities emergency in the area or areas for which the emergency has been declared. parade. Each person unlawfully engaging in the for and towns where such organizations may propose to History.-ss. 4,6, ch mation of such military organization, or participating in such drill or parade, shall be guilty of a misdemea Filing and publication.-any state of nor of the second degree, punishable as provided in s. emergency or emergency measure declared or or or s de red and promulgated by virtue of the terms of ss.. b b 5077; CGL 7179; s. 1129, ch sa, h 11 as prompt 1 y as practlca Ie, e cf.-s Uniform, etc., not to be worn by persons not in military service Hi.tory.-s. 15, ch. 1466, 1666; RS 2411; 8. 10, ch. 5202, 1903; GS 3246; RGS

2 Ch.871 DISTURBING RELIGIOUS AND OTHER ASSEMBLIES F.S.1983 CHAPTER 871 DISTURBING RELIGIOUS AND OTHER ASSEMBLIES Disturbing schools and religious and other assemblies. Indictments or informations for disturbing assembly. Peddling at camp meeting. Advertising; religious discrimination; public places Disturbing schools and religious and other assemblies.-whoever willfully interrupts or disturbs any school or any assembly of people met for the worship of God or for any lawful purpose shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s History.-ss. 19,21,22, ch. 1637, 1868; RS 2627, 2629, 2630; GS 3547; 8.1, ch. 5719, 1907; RGS 5448; CGL 7591; s. 1130, ch Indictments or informations for disturbing assembly.-the several grand juries of this state in their respective counties may return indictments or the several state attorneys of the state in their respective circuits may file information against all persons violating s , and such indictments or informations, when filed with the clerk of the circuit court in the county where such offense is alleged to have been committed, shall be forthwith certified by him to some court in the county having jurisdiction to try and determine such charge, and said court to which such indictment or information is certified shall proceed to try and determine such charge upon such indictment or information, the same as if affidavit had been made before such court charging the said offense. History.-ss. 2, 3, ch. 5719, 1907; RGS 5449; CGL Peddling at camp meeting.-whoever during the time of holding any camp or field meeting for religious purposes, and within 1 mile of the place of holding such meeting, hawks or peddles goods, wares, merchandise, or without permission from the authorities having charge of such meeting, establishes any tent or booth for vending of provisions or refreshments, or practices or engages in gaming or horseracing, or exhibits, or offers to exhibit, shows or plays shall be guilty of a misdemeanor of the second degree, punishable as provided in s ; but a person having his usual and regular place of business within such limits is not hereby required to suspend his busine&l>. History.-s. 20, ch. 1637, 1868; RS 2628; GS 3548; RGS 5450; CGL 7593; , ch Advertising; religious discrimination; public places.- (1) Except where the context clearly requires a different meaning, the following terms shall have for the purposes of this section the meaning respectively ascribed to them: (a) "Person" means any individual, partnership, association, corporation, or organized group of persons, whether incorporated or not. (b) "Establishment" means any building or part thereof, including, without being limited to, public inns, hotels, motels, apartment hotels, any structure, enclosure, tract of land, and all improvements, appurtenances, and additions, bodies of water whether natural or artificial, and any other place of whatsoever nature to which the general public is or will be admitted, allowed, or invited on payment of a fee, free of charge, or otherwise. (2) No person, directly or indirectly, for himself or for another, shall publish, post, broadcast by any means, maintain, circularize, issue, display, transmit, or otherwise disseminate or place in any manner before the public with reference to an establishment any advertisement that the patronage of any person is not welcome, or is objectionable, or is not acceptable because of his religion. No person shall cause or solicit another person to violate this section. (3) This section shall not apply to any establishment which is private or limited to membership only, to any camp administered by any religious organization, group, or sect, admission to which is based on religious belief or affiliation, or to any gathering, meeting, or assembly held under the auspices of any religious organization, group, or sect. (4) Any person or persons violating this section shall be ~uilty of a misdemeanor of the second degree, punishable as provided in s or s History.-ss. 1,2, ch , 1955; s. 1132, ch

3 F.S.1983 OFFENSES CONCERNING DEAD BODIES AND GRAVES Ch.872 CHAPTER 872 OFFENSES CONCERNING DEAD BODIES AND GRAVES Dealing in dead bodies. Disfiguring tomb. Cremating human bodies; limitation. Autopsies; consent required, ej(ception Dealing in dead bodies.-whoever buys, sells, or has in his possession for the purpose of buying or selling or trafficking in the dead body of any human being shall be guilty of a misdemeanor of the first degree, punishable as provided in s or s ; provided, however, that nothing contained in this section shall be construed to prohibit the obtaining, dissecting, using, and disposing of dead bodies for the purpose of teaching or other appropriate university research by any medical school, dental school, school of nursing, or other university research or teaching unit which is a part of a regularly established or chartered institution of higher learning under the laws of the state. History.-s. 26, ch. 1637, 1868; RS 2625; GS 3545; RGS 5446; CGL 7589; s. I, ch , 1943; s. I, ch , 1951; s. 1133, ch Disfiguring tom b.-whoever willfully destroys, mutilates, defaces, injures, or removes any tomb, monument, gravestone, or other structure or thing placed or designed for a memorial of the dead, or any fence, railing, curb, or other thing intended for the protection or ornamentation of any tomb, monument, gravestone, or other structure before mentioned, or for any enclosure for the burial of the dead, or willfully destroys, mutilates, removes, cuts, breaks, or injures any tree, shrub, or plant placed or being within any such enclosure, or wantonly and maliciously disturbs the contents of a tomb or grave, shall be guilty of a misdemeanor of the first degree, punishable as provided in s or s History.-s. 27, ch. 1637, 1868; RS 2626; GS 3546; RGS 5447; CGL 7590; s. 1134, ch Cremating human bodies; limitation. (1) It shall be unlawful for any person, firm, or corporation to cremate any dead human body prior to the expiration of 48 hours after the death of such human body. (2) Anyone convicted for the violation of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s Hi8tory.-ss. 1,2, ch , 1943; s. 1135, ch Autopsies; consent required, excep tion.- (1) "Autopsy" means a post mortem dissection of a dead human body in order to determine the cause, seat, or nature of disease or injury and includes the retention of tissues customarily removed during the course of autopsy for evidentiary, identification, diagnostic, scientific, or therapeutic purposes. (2) Unless otherwise authorized by statute, no autopsy shall be performed without the written consent of the spouse, nearest relative, or, if no such next of kin can be found, the person who has assumed custody of the body for purposes of burial. When two or more persons assume custody of the body for such purposes, then the consent of anyone of them shall be sufficient to authorize the autopsy. (3) Any such written consent may be given by telegram, and any telegram purporting to have been sent by a person authorized to give sucr consent will be presumed to have been sent by such person. A duly witnessed telephone permission is acceptable in lieu of written permission in those circumstances where obtaining written permission would result in undue delay. (4) If after diligent search and inquiry it is established by the chief law enforcement officer having jurisdiction, through his examination of missing persons records and other inquiry, that no person can be found who can authorize an autopsy as herein provided, then after a reasonable time, any person licensed to practice medicine under chapter 458 or osteopathic medicine under chapter 459, and whose practice involves the usual performance of autopsies, may conduct an autopsy, without written consent, on the remains for purposes of confirming medical diagnosis and suspected communicable diseases; and no cause of action will be brought against such physician for performance of such autopsy. A reasonable time for purposes of this provision shall be not less than 48 hours or more than 72 hours after death. Hi8tory.-ss. 1-3, ch ; s. I, ch ; s. I, ch ; s. 182, ch cr.-s Medical examiners; autopsy facilities. s Examinations, investigations, and autopsies. 1453

4 Ch.876 CRIMINAL ANARCHY, TREASON, ETC. F.S.1983 CHAPTER 876 CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES AGAINST PUBLIC ORDER Criminal anarchy, Communism, etc., prohibited. Criminal anarchy, Communism, etc., defined and made a felony; penalty. Unlawful assembly for purposes of anarchy, communism, etc. Allowing unlawful assembly in building prohibited. Public employees; oath. Discharged for refusal to execute. Oath as prerequisite to qualification for public office. Penalty for not discharging. Scope of law. False oath; penalty. Public place defined. Unlawful to wear hood, etc.; on street, etc. Wearing mask, hood, or other device on public property. Wearing mask, hood, or other device on property of another. Wearing mask, hood, or other device at demonstration or meeting. Applicability; ss Certain exemptions. Placing burning or flaming cross in public place. Placing burning or flaming cross on property of another. Exhibits that intimidate. Wearing mask and placing exhibit to intimidate. Penalty. Definitions. Subversive activities unlawful; penalty. Membership in subversive organization; penalty. Persons convicted under s or s not to hold office or vote. Unlawful for subversive organizations to exist or function. Enforcement of ss Grand jury to investigate violations of ss Subversive person prohibited from holding office or employment. Subversive person not to be candidate for election. Short title; ss Treason. Misprision of treason. Combination to usurp government. Combination against part of the people of the state. Inciting insurrection. Definitions. Intentional injury to or interference with property. Intentionally defective workmanship. Attempts. Conspirators. Witnesses' privileges. Unlawful entry on property Questioning and detaining suspected persons. Closing and restricting use of highway. Penalty for going upon closed or restricted highway. Rights of labor. Relation to other statutes. Construction. Effective period of law. Short title. Public mutilation of flag Criminal anarchy, Communism, etc., prohibited.-"criminal anarchy," "criminal Communism," "criminal Naziism," or "criminal Fascism" are doctrines that existing form of constitutional government should be overthrown by force or violence or by any other unlawful means, or by assassination of officials of the Government of the United States or of the several states. The advocacy of such doctrines either by word of mouth or writing or the promotion of such doctrines independently or in collaboration with or under the guidance of officials of a foreign state or an international revolutionary party or group is unlawful. History.-s. 1, ch , 1941; s. H36, ch cf.-ss , Unlawful assemblies generally Criminal anarchy, Communism, etc., defined and made a felony; penalty.-any person who- (1) By word of mouth or writing advocates, advises, or teaches the duty, necessity, or propriety of overthrowing or overturning existing forms of constitutional government by force or violence; of disobeying or sabotaging or hindering the carrying out of the laws, orders, or decrees of duly constituted civil, naval, or military authorities; or by the assassination of officials of the Government of the United States or of the state, or by any unlawful means or under the guidance of, or in collaboration with, officials, agents, or representatives of a foreign state or an international revolutionary party or group; or (2) Prints, publishes, edits, issues, or knowingly circulates, sells, distributes, or publicly displays any book, paper, document, or written or printed matter in any form, containing or advocating, advising, or teaching the doctrine that constitutional government should be overthrown by force, violence, or any unlawful means; or (3) Openly, willfully and deliberately urges, advocates, or justifies by word of mouth or writing the assassination or unlawful killing or assaulting of any official of the Government of the United States or of this state because of his official character, or any other crime, with intent to teach, spread, or advocate the propriety of the doctrines of criminal anarchy, criminal Communism, criminal Naziism, or criminal Fascism; or (4) Organizes or helps to organize or becomes a member of any society, group, or assembly of persons formed to teach or advocate such doctrines; or

5 F.S.1983 CRIMINAL ANARCHY, TREASON, ETC. Ch.876 (5) Becomes a member of, associated with or promotes the interest of any criminal anarchistic, Communistic, Naziistic or Fascistic organization, or helps to organize or becomes a member of or affiliated with any subsidiary organization or associated group of persons who advocates, teaches, or advises the principles of criminal anarchy, criminal Communism, criminal Naziism or criminal Fascism; shall be guilty of a felony of the second degree, punishable as provided in s , s , or s Hi8tory.-s. 2, ch , 1941; s. 1137, ch Unlawful assembly for purposes of anarchy, communism, etc.-whenever two or more persons assemble for the purpose of promoting, advocating, or teaching the doctrine of criminal anarchy, criminal Communism, criminal Naziism or criminal Fascism, as defined in s of this law, such an assembly or organization is unlawful, and every person voluntarily participating therein by his presence, aid, or instigation shall be guilty of a felony of the second degree, punishable as provided in s , s , or s Hi8tory.-s. 3, ch , 1941; s. 1138, ch Allowing unlawful assembly in building prohibited.-no owner, agent, superintendent, janitor, caretaker, or occupant of any place, building, or room, shall willfully and knowingly permit therein any assemblage of persons prohibited by s , and if such person after notification that the premises are so used permits such use to be continued he shall be guilty of a misdemeanor of the first degree, punishable as provided in s or s Hi8tory.-s. 4, ch , 1941; s. 1139, ch Public employees; oath.- (1) All persons who now or hereafter are employed by or who now or hereafter are on the payroll of the state, or any of its departments and agencies, subdivisions, counties, cities, school boards and districts of the free public school system of the state or counties, or institutions of higher learning, and all candidates for public office, are required to take an oath before any person duly authorized to take acknowledgments of instruments for public record in the state in the following form: I,, a citizen of the State of Florida and of the United States of America, and being employed by or an officer of and a recipient of public funds as such employee or officer, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida. (2) Said oath shall be filed with the records of the governing official or employing governmental agency prior to the approval of any voucher for the payment of salary, expenses, or other compensation. Hi8tory.-s. 1, ch , 1949; s. 22, ch cf.-s Oaths, requirements Discharged for refusal to execute If any person required by ss to take the oath herein provided for fails to execute the same, the governing authority under which such person is employed shall cause said person to be immediately discharged, and his name removed from the payroll, and such person shall not be permitted to receive any payment as an employee or as an officer where he or she was serving. Hi8tory.-8. 2, ch , Oath as prerequisite to qualification for public office.-any person seeking to qualify for public office who fails or refuses to file the oath required by this act shall be held to have failed to qualify as a candidate for public office, and the name of such person shall not be printed on the ballot as a qualified candidate. Hi8tory.-8. 3, ch , 1949; s. 23, ch cf.-s Oath for public office Penalty for not discharging.-any governing authority or person, under whom any employee is serving or by whom employed who shall knowingly or carelessly permit any such employee to continue in employment after failing to comply with the provisions of ss , shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s Hi8tory.-s. 4, ch , 1949; s. 1140, ch Scope of law.- (1) The provisions of ss shall apply to all employees and elected officers of the state, including the Governor and constitutional officers and all employees and elected officers of all cities, towns, counties, and political subdivisions, including the educational system. (2) This act shall take precedence over all laws relating to merit, and of Civil Service Law. Hi8tory.-8s. 5, 7, ch , False oath; penalty.-if any person required by the provisions of ss to execute the oath herein required executes such oath, and it is subsequently proven that at the time of the execution of said oath said individual was guilty of making a false statement in said oath, he shall be guilty of perjury. Hi8tory.-s. 6, ch , 1949; s. 1141, ch cf.-ch. 837 Perjury Public place define d.-for the purpose of ss the term "public place" includes all walks, alleys, streets, boulevards, avenues, lanes, roads, highways, or other ways or thoroughfares dedicated to public use or owned or maintained by public authority; and all grounds and buildings owned, leased by, operated, or maintained by public authority. Hi8tory.-s. 1, ch , Unlawful to wear hood, etc.; on street, etc.-no person or persons over 16 years of age shall, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be or appear upon any lane,

6 Ch.876 CRIMINAL ANARCHY, TREASON, ETC. F.S.1983 walk, alley, street, road, highway, or other public way in this state. History.-s. 2, ch , Wearing mask, hood, or other device on public property.-no person or persons shall in this state, while wearing any mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, enter upon, or be, or appear upon or within the public property of any municipality or county of the state. History.-s. 3, ch , Wearing mask, hood, or other device on property of another.-no person or persons over 16 years of age shall, while wearing a mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, demand entrance or admission or enter or come upon or into the premises, enclosure, or house of any other person in any municipality or county of this state. History.-s. 4, ch , Wearing mask, hood, or other device at demonstration or meeting.-no person or persons over 16 years of age, shall, while wearing a mask, hood, or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer, hold any manner of meeting, make any demonstration upon the private property of another unless such person or persons shall have first obtained from the owner or occupier of the property his or her written permission to so do. History.- s. 5, ch , Applicability; ss The provisions of ss apply only if the person was wearing the mask, hood, or other device: (1) With the intent to deprive any person or class of persons of the equal protection of the laws or of equal privileges and immunities under the laws or for the purpose of preventing the constituted authorities of this state or any subdivision thereof from, or hindering them in, giving or securing to all persons within this state the equal protection of the laws; (2) With the intent, by force or threat of force, to injure, intimidate, or interfere with any person because of his exercise of any right secured by federal, state, or local law or to intimidate such person or any other person or any class of persons from exercising any right secured by federal, state, or local law; (3) With the intent to intimidate, threaten, abuse, or harass any other person; or (4) While he was engaged in conduct that could reasonably lead to the institution of a civil or criminal proceeding against him, with the intent of avoiding identification in such a proceeding. History.-s. 1, ch Certain exemptions.-the following persons are exempted from the provisions of ss : 1456 (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 10 emergency management drills and exercises. History.-s. 6, ch , 1951; s. 46, ch Placing burning or flaming cross in public place.-it shall be unlawful for any person or persons to place or cause to be placed in a public place 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 a part. History.-s. 7, ch , 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. History.- s. 8, ch , Exhibits that intimidate.-it shall be unlawful for any person or persons to place, or cause to be placed, anywhere in the state any exhibit of any kind whatsoever with the intention of intimidating any person or persons, to prevent them from doing any act which is lawful, or to cause them to do any act which is unlawful. History.-s. 9, ch , Wearing mask and placing exhibit to intimidate.-it shall be unlawful for any person or persons while wearing a mask or any device whereby the face is so covered as to conceal the identity of the wearer to place, or to cause to be placed, at, on, or in any place any exhibit of any kind whatsoever. History.-s. 10, ch , Penalty.-Any person or persons violating ss shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s History.-s. 11, ch , 1951; s. 1142, ch Definitions.-As used in ss : (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 Ion 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

7 F.S.1983 CRIMINAL ANARCHY, TREASON, ETC. Ch.876 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. I, ch , Subversive activities unlawful; pen alty.- (1) It shall be a felony for any person knowingly and willfully to: (a) Commit, attempt to commit, or aid in the commission of any act intended to overthrow, destroy, to assist the overthrow or destruction of the constitutional form of the Government of the United States, or of the state, or any political subdivision of either of them, by revolution, force, violence, or other unlawful means; or (b) Advocate, abet, advise, or teach by any means any person to commit, attempt to commit, or assist in the commission of any such act under such circumstances as to constitute a clear and present danger to the security of the United States, or of this state, or of any political subdivision of either of them; or (c) Conspire with one or more persons to commit any such act; or (d) Assist in the formation or participate in the management or to contribute to the support of any subversive organization or foreign subversive organization knowing said organization to be a subversive organization or a foreign subversive organization; or (e) Destroy any books, records, or files, or secrete any funds in this state of a subversive organization or 1457 a foreign subversive organization, knowing said organization to be such. (2) Any person who violates any of the provisions of this section shall be guilty of a felony of the second degree, punishable as provided in s , s , or s History.-s. 2, ch , 1953; s. 1143, ch Membership in subversive organization; penalty.-it shall be unlawful for any person after the effective date of this law to become or after July 1, 1953, to remain a member of a subversive organization or a foreign subversive organization knowing said organization to be a subversive organization or foreign subversive organization. Any person convicted of violating this section shall be guilty of a felony of the third degree, punishable as provided in s , s , or s History.-s. 3, ch , 1953; s. 1144, ch Persons convicted under s or s not to hold office or vote.-any person convicted by a court of competent jurisdiction of violating any of the provisions of s or s , in addition to all other penalties therein provided, shall from the date of such conviction be barred from: (1) Holding any office, elective or appointive, or any other position of profit or trust in, or employment by, the government of the state or of any agency thereof, or of any county, municipal corporation, or other political subdivision of said state; (2) Filing or offering for election to any public office in the state; or (3) Voting in any election held in this state. History.-5. 4, ch , Unlawful for subversive organizations to exist or function.-it shall be unlawful for any subversive organization or foreign subversive organization to exist or function in the state and any organization which by a court of competent jurisdiction is found to have violated the provisions of this section shall be dissolved, and if it be a corporation organized and existing under the laws of the state, a finding by a court of competent jurisdiction that it has violated the provisions of this section shall constitute legal cause for forfeiture of its charter and its charter shall be forfeited, and all funds, books, records, and files of every kind and all other property of any organization found to have violated the provisions of this section shall be seized by and for the state, the funds to be deposited in the State Treasury, and the books, records, files, and other property to be turned over to the Attorney General of Florida. History.-s. 5, ch , Enforcement of ss The Department of Legal Affairs, all state attorneys, the Department of State, and all law enforcement officers of this state shall each be charged with the duty of enforcing the provisions of ss History.-s. 6, ch , 1953; , 11, 35, ch ; 5. 34, ch Grand jury to investigate violations

8 Ch.876 CRIMINAL ANARCHY, TREASON, ETC. F.S.1983 of ss The judge of any court exercising general criminal jurisdiction when in his 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 to be considered by the grand jury, shall charge the grand jury to inquire into violations of ss 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. Bistory.-s. 7. ch ; ss ch Subversive person prohibited from holding office or employment.-no subversive person, as defined in s , shall, after conviction, be eligible for employment in, or appointment to, any office or any position of trust or profit in the government of, or in the administration of the business of this state, or of any county, municipality, or other political subdivision of this state. Bistory.-s. 8. ch Subversive person not to be candidate for election.-no person shall become a candidate nor shall be certified by any political party as a candidate for election to any public office created by the constitution or laws of this state if he has ever been tried and convicted as a subversive person as defined in s Bistory_-s. 9. ch Short title; ss Sections may be cited as the "Subversive Activities Law." Bistory.-s. 10. ch Treason.-Treason against the state shall consist only in levying war against the same, or in adhering to the enemies thereof, or giving them aid and comfort. Whoever commits treason against this state shall be guilty of a felony of the first degree, punishable as provided in s , s , or s Bistory.-ss ch ; RS 2372; GS 3197; RGS 5027; CGL 7129; s ch ; s. 65. ch Note_- Former s Misprision of treason.-whoever having knowledge of the commission of treason conceals the same and does not, as soon as may be, disclose and make known such treason to the Governor or one of the justices of the Supreme Court or a judge of the circuit court, shall be judged guilty of the offense of misprision of treason, a felony of the third degree, punishable as provided in s , s , or s Bistory.-s. 2. sub-ch. 2. ch ; RS 2373; GS 3198; RGS 5028; CGL 7130; S ch ; S. 65, ch Note.-Former S ond degree and punished as provided in s , s , or s Bistory.-s. 5, eh. 1637, 1868; RS 2374; GS 3199; RGS 5029; CGL 7131; B. 704, ch ; B. 65, ch Note.-Former B Combination against part of the people of the state.-if two or more persons shall combine to levy war against any part of the people of this state, or to remove them forcibly out of this state, or to remove them from their habitations to any other part of the state by force, or shall assemble for that purpose, every person so offending shall be guilty of a felony of the third degree, punishable as provided in s , s , or s Bistory.-s. 6, ch. 1637, 1868; RS 2375; GS 3200; RGS 5030; CGL 7132; S. 705, ch ; S. 65, ch N ote.-former B Inciting insurrection.-if any person shall incite an insurrection or sedition amongst any portion or class of the population of this state, or shall attempt by writing, speaking, or by any other means to incite such insurrection or sedition, the person so offending shall be guilty of a felony of the second degree, punishable as provided in s , s , or s Bistory.- B. 3, ch. 1466, 1866; RS 2376; GS 3201; RGS 5031; CGL 7133; B ch ; S. 65, ch Note.-Former S Definitions.-As used in ss : (1) "Highway" includes any private or public street, way, or other place used for travel to or from property. (2) "Highway commissioners" means any individual, board, or other body having authority under then existing law to discontinue the use of the highway which it is desired to restrict or close to public use and travel. (3) "Public utility" includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio, railway, railroad, airplane, transportation, communication, or other system, by whomsoever owned or operated for public use. Bistory.-s. 1, ch , 1941; S. 65, ch ; B. 246, ch Note.- Former B Intentional injury to or interference with property.-whoever intentionally destroys, impairs, or injures, or interferes or tampers with, real or personal property and such act hinders, delays, or interferes with the preparation of the United States, any country with which the United States shall then maintain friendly relations, or any of the states for defense or for war, or with the prosecution of war by the United States, is guilty of a life felony, punishable as provided in s Bistory.-B. 2, ch , 1941; S. 707, ch ; B. 4, ch ; B. 65. ch Note.-Former B Combination to usurp government Intentionally defective workman- -If two or more persons shall combine by force to ship.-whoever intentionally makes or causes to be usurp the government of this state, or to overturn the made or omits to note on inspection any defect in any same, or interfere forcibly in the administration of article or thing with reasonable grounds to believe the government or any department thereof, the per- that such article or thing is intended to be used in son so offending shall be guilty of a felony of the sec- connection with the preparation of the United States 1458

9 F.S.1983 CRIMINAL ANARCHY, TREASON, ETC. Ch.876 or of any country with which the United States shall then maintain friendly relations, or any of the states for defense or for war, or for the prosecution of war by the United States, or that such article or thing is one of a number of similar articles or things, some of which are intended so to be used, shall be guilty of a felony of the second degree, punishable as provided in s , s , or s ; provided, if such person so acts or so fails to act with the intent to hinder, delay or interfere with the preparation of the United States or of any country with which the United States shall then maintain friendly relations, or of any of the states for defense or for war, or with the prosecution of war by the United States, the minimum punishment shall be imprisonment in the state prison for not less than 1 year. History.-s. 3, ch , 1941; s. 708, ch ; s. 65, ch Note.-Former s Attempts.-Whoever attempts to commit any of the crimes defined by this law shall be liable to one-half the punishment by imprisonment, or by fine, or both, as prescribed in s hereof. In addition to the acts which constitute an attempt to commit a crime under the law of this state, the solicitation or incitement of another to commit any of the crimes defined by this law not followed by the commission of the crime, the collection or assemblage of any materials with the intent that the same are to be used then or at a later time in the commission of such crime, or the entry, with or without permission, of a building, enclosure, or other premises of another with the intent to commit any such crime therein or thereon shall constitute an attempt to commit such crime. History.-s. 4, ch , 1941; s. 65, ch ; s. 246, ch Note_-Former s cf.-s Attempts, solicitation, conspiracy, generally Conspirators.-If two or more persons conspire to commit any crime defined by this law, each of such persons is guilty of conspiracy and subject to the same punishment as if he had committed the crime which he conspired to commit, whether or not any act be done in furtherance of the conspiracy. It shall not constitute any defense or ground of suspension of judgment, sentence or punishment on behalf of any person prosecuted under this section, that any of his fellow conspirators has been acquitted, has not been arrested or convicted, is not amenable to justice or has been pardoned or otherwise discharged before or after conviction. History_-s. 5, ch , 1941; s. 65, ch Note.- Former s cf.-s Attempts, solicitation, conspiracy, generally Witnesses' privileges.-no person shall be excused from attending and testifying, or producing any books, papers, or other documents before any court, magistrate, referee or grand jury upon any investigation, proceeding or trial, for or relating to or concerned with a violation of any section of this law or attempt to commit such violation, upon the ground or for the reason that the testimony or evidence, documentary or otherwise required by the state may tend to convict him of a crime or to subject him to a penalty or forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture 1459 for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him, upon any criminal investigation, proceeding or trial, except upon a prosecution for perjury or contempt of court, based upon the giving or producing of such testimony. History.-s. 6, ch , 1941; s. 65, ch Note.-Former s cf.-s. 12(e), Art. V, State Const. Access by Judicial Qualifications Commission to grand jury information Unlawful entry on property.-any individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in, or preparing to engage in, the manufacture, transportation or storage of any product to be used in the preparation of the United States, or of any country with which the United States shall then maintain friendly relations, or of any of the states for defense or for war or in the prosecution of war by the United States, or the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any of said natural or artificial persons operating any public utility, whose property, except where it fronts on water or where there are entrances for railway cars, vehicles, persons or things, is surrounded by a fence or wall, or a fence or wall and buildings, may post around his or its property at each gate, entrance, dock or railway entrance and every 100 feet of waterfront a sign reading "No Entry Without Permission." Whoever without permission of such owner shall willfully enter upon premises so posted shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s History.-s. 7, ch , 1941; s. 709, ch ; s. 65, ch Note.- Former s Questioning and detaining suspected persons.-any peace officer or any other person employed as watchman, guard, or in a supervisory capacity on premises posted as provided in s may stop any person found on any premises to which entry without permission is forbidden by s and may detain him for the purpose of demanding, and may demand, of him, his name, address and business in such place. If said peace officer or employee has reason to believe from the answers of the person so interrogated that such person has no right to be in such place, said peace officer shall forthwith release such person or he may arrest such person without a warrant on the charge of violating the provisions of s ; and said employee shall forthwith release such person or turn him over to a peace officer, who may arrest him without a warrant on the charge of violating the provisions of s History_-s. 8, ch , 1941; s. 65, ch ; s. 246, ch Note.- Former s Closing and restricting use of high way.- (1) Any individual, partnership, association, corporation, municipal corporation or state or any political subdivision thereof engaged in or preparing to engage in the manufacture, transportation or storage

10 Ch.876 CRIMINAL ANARCHY, TREASON, ETC. F.S.1983 of any product to be used in the preparation of the United States, or of any country with which the United States shall then maintain friendly relations or any of the states for defense or for war or in the prosecution of war by the United States, or in the manufacture, transportation, distribution or storage of gas, oil, coal, electricity or water, or any of said natural or artificial persons operating any public utility, who has property so used which he or it believes will be endangered if public use and travel is not restricted or prohibited on one or more highways or parts thereof upon which such property abuts, may petition the highway commissioners of any city, town or county to close one or more of said highways or parts thereof to public use and travel or to restrict by order the use and travel upon one or more of said highways or parts thereof. (2) Upon receipt of such petition, the highway commissioners shall set a day for hearing and give notice thereof by publication in a newspaper having general circulation in the city, town or county in which such property is located, such notice to be at least 7 days prior to the date set for hearing. If after hearing the highway commissioners determine that the public safety and the safety of the property of the petitioner so require, they shall by suitable order close to public use and travel or reasonably restrict the use of and travel upon one or more of said highways or parts thereof; provided, the highway commissioners may issue written permits to travel over the highways so closed or restricted to responsible and reputable persons for such term, under such conditions and in such form as said commissioners may prescribe. Appropriate notices in letters at least 3 inches high shall be posted conspicuously at each end of any highway so closed or restricted by such order. The highway commissioners may at any time revoke or modify any order so made. History.-s. 9, ch , 1941; s. 65, ch Note_- Former s Penalty for going upon closed or restricted highway.-whoever violates any order made under s shall be guilty of a misdemeanor of the second degree, punishable as provided in s or s History_-s. 10, ch , 1941; s. 710, ch ; s. 65, ch ; s. 246, ch Note.-Former s Rights of labor.-nothing in this law shall be construed to impair, curtail, or destroy the rights of employees and their representatives to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. Hi.tory.- s. 11, ch , 1941; s. 65, ch Note.-Former s Relation to other statutes.-all laws and parts of laws inconsistent with ss are hereby suspended in their application to any proceedings under said sections. If conduct prohibited by said sections is also made unlawful by another or other laws, the offender may be convicted for the violation of said sections or of any other law or laws. Hi.tory.- s. 14, ch , 1941 ; s. 65, ch ; s. 246, ch Note.- Former s Construction.-Sections shall be construed to the end that the greatest force and effect may be given to its provisions for the promotion of national and state safety. Hi.tory_-s. 15, ch , 1941; s. 65, ch ; s. 246, ch Note.-Former s Effective period of law.-all orders made under the provision of ss shall be in full force whenever the United States is at war; provided, any violation of said sections, committed while they are in force, may be prosecuted and punished thereafter, whether or not said sections are in force at the time of such prosecution and punishment. Hi.tory.-s. 16, ch , 1941; s. 65, ch ; s. 183, ch Note.-Former s Short title.-sections may be cited as the "Florida Sabotage Prevention Law." Hi.tory.-s. 13, ch , 1941; s. 65, ch ; , ch N ote.- Former s Public mutilation of flag.-whoever publicly mutilates, defaces, or tramples upon or burns with intent to insult any flag, standard, colors, or ensign of the United States or of Florida shall be guilty of a misdemeanor of the first degree, punishable as provided in s or s Hi.tory.- s. I, ch ; s. 711, ch ; s. 65, ch Note.-Former s cf.-ss , Mutilation or disrespect of flag; penalty. 1460