dollars. all other game prizes shall not exceed (6) the operator of any bingo … · 2014-10-01 ·...

Ch. 849 GAMBLING Ch. 849

(4) The person selected to receive any such gift or prize offered by any such licensee in connection with any such advertising or promotion is notified of his selection at his last known address. Newspapers, magazines, television and radio stations may, without violating any law, publish and broadcast advertising matter describing such advertising and promotional undertakings of such licensees which may contain instructions pursuant to which persons desiring to become eligible for such gifts or prizes may make their name and address known to such licensee.

(5) All brochures, advertisements, promotional material, and entry blanks promoting such undertakings shall contain a clause stating that residents of Florida are entitled to participate in such undertakings and are eligible to win gifts or prizes.

History.-§!, ch . 63-553; §1, ch. 65-261; §1, ch . 71-287.

849.093 Charitable, nonprofit organiza-tions; certain endeavors permitted.-

(1) None of the provisions of this .chapter shall be construed to prohibit or prevent nonprofit or veterans organizations engaged in charitable, civic, community, benevolent, religious or scholastic works and / or other similar activities, which organizations have been in existence for a period of three years or more from conducting bingo games or guest games, provided that the entire proceeds derived from the conduct of such games shall be donated by such organizations to the endeavors mentioned above. In no case shall the proceeds from the conduct of such games be used for any other purpose whatsoever.

(2) If a nonprofit organization is not engaged in efforts of the type set out above, its right to conduct bingo or guest games hereunder shall be conditioned upon the return of all the proceeds from such games to the players in the form of prizes. If at the conclusion of play on any day during which bingo or guest is allowed to be played under this section there remain proceeds which have not been paid out as prizes, the nonprofit organization conducting the game shall at the next scheduled day of play conduct bingo or guest games without any charge to the players and shall continue to do so until the proceeds carried over from the previous days played have been exhausted. This provision in no way extends the limitation on the number of prize or jackpot games allowed in one night as provided for in subsection (4) of this section.

(3) The number of days during which such organizations as are authorized hereunder may conduct bingo or guest games per week shall not exceed two.

(4) No jackpot shall exceed the value of one hundred dollars in actual money or its equivalent and there shall be no more than one jackpot in any one night.

(5) There shall be only one prize or jackpot on any one day of play of one hundred

dollars. All other game prizes shall not exceed twenty-five dollars.

(6) The operator of any bingo or guest game must be a resident of the community where the organization is located and a bona fide member of the organization sponsoring such games and shall not be compensated in any way for operation of said bingo or guest game.

(7) No one under 21 years of age shall be allowed to play.

History.-§ ! , ch. 67-178.

849.094 Game promotion in connection with sale of consumer products or services.-

( 1) As used in this section: (a) "Game promotion" means, but is not

limited to, "contest," "game of chance," and " gift enterprise," in which the elements of chance and prize are present. However, "game promotion" shall not be construed to apply to bingo games or guest games conducted pursuant to §849.093.

(b) "Operator" means any person, firm, corporation, or association or agent or employee thereof who promotes, operates, or conducts a game promotion, except charitable nonprofit organizations.

(2) It is unlawful for any operator: (a) To design, engage in, promote, or con

duct such a game promotion, in connection with the promotion or sale of consumer products or services, wherein the winner may be predetermined or said game may be manipulated or rigged so as to:

1. Allocate a winning game or any portion thereof to certain lessees, agents, or franchises; or

2. To allocate a winning game or part thereof to a particular period of the game promotion or to a particular geographic area;

(b) Arbitrarily to remove, disqualify, disallow, or reject any entry;

(c) To fail to award prizes offered; or (d) To print, publish or circulate literature

or advertising material used in connection with such game promotions which is false, deceptive or misleading.

(3) All rules and regulations promulgated by the operator of such game promotion must be filed with the department of legal affairs at least thirty days in advance of the commencement of the game promotion and may not thereafter be changed, modified or altered. Such rules and regulations shall be conspicuously posted in each and every retail outlet or place where such game promotion may be played or participated in by the public.

( 4)(a) Every operator of such a game promotion conducted in the state shall establish a trust account in a national or state chartered financial institution, with a balance sufficient to pay or purchase the total value of all prizes · offered. In lieu of establishing such trust account, , the operator may obtain a bond, with sufficient sureties, in amount equivalent to the total value

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of all prizes offered. A copy of a certificate of deposit indicating the balance of said trust account or of the bond shall be filed with the department of legal affairs simultaneously with the filing of rules and regulations as herein provided, together with a list of all prizes and prize categories offered.

(b) The moneys so held in escrow or the bond shall at all times equal the total amount of the prizes offered. Moneys may be withdrawn, from time to time, in order to pay the prizes offered only upon certification to the department of legal affairs of the name of the winner and the amount of the prize or the value thereof.

(5) Every operator of such a game promotion conducted in the state shall disclose to the public the names and addresses of all persons who have won prizes, the value of such prizes, and the dates when the same were won, upon a poster prominently displayed at each location where such game promotion was conducted, and the same shall be published in a newspaper of general circulation within the local geographic area wherein such game was played, maintained, or operated, all within fifteen days after such winners have been determined. A certified list thereof shall be simultaneously filed with the department of legal affairs. All winning entries shall be held by the operator for a period of thirty days after the close or completion of such game.

(6) No operator shall force, directly or indirectly, a lessee, agent, or franchise dealer to purchase or participate in any game promotion. For the purpose of this section, coercion or force shall be presumed in these cirucmstances in which a course of business extending over a period of one year or longer is materially changed coincident with a failure or refusal of a lessee, agent, or franchise dealer to participate in such game promotions. Such force or coercion shall further be presumed when an operator advertises generally that game promotiOns are available at its lessee dealers, agent dealers, or franchise dealers unless a majority of those located within the state have consented in writing, filed with the department of legal affairs, to participate therein.

(7)(a) The attorney general shall have the power to promulgate such rules and regulations respecting the operation of game promotions as he may deem advisable.

(b) Whenever the department of legal affairs has reason to believe that such a game promotion is being operated in violation of this section, it may bring an action in the supreme court in the name and on behalf of the people

(8)(a) Any person, firm, corporation, or association or agent or employee thereof who engages in any acts or practices stated in this section to be unlawful, or who violates any of the rules and regulations of the attorney general made pursuant to this section, is guilty of a misdemeanor.

(b) Any person, firm, corporation, association, agent, or employee who violates any provision of this section or any of the rules and regulations of the attorney general made pursuant to this section shall be liable to a civil penalty of not more than $1,000 for each such violation, which shall accrue to the state and may he recovered in a civil action brought by the department of legal affairs.

(9) This section shall not apply to a game promotion conducted in less than three retail outlets or at places where such game promotion may be played or participated in by the public. Nothing herein shall apply to actions or transactions regulated by the department of business regulation.

History.-~§1-9, ch. 71-304.

849.10 Printing lottery tickets, etc., prohibited.-

(I) It is unlawful for any person, in any house, office, shop or huilding in this state to write, typewrite, print, or publish any lottery ticket or advertisement, circular, bill, poster, pamphlet, list or schedule, announcement or notice, of lottery prizes or drawings or any other matter or thing in any way connected with any lottery drawing, scheme or device, or to set up any type or plate for any such purpose, to be used or distributed in this state, or to be sent out of this state.

(2) It is unlawful for the owner or lessee of any such house, shop or building knowingly to permit the printing, typewriting, writing or publishing therein of any lottery ticket or advertisement, circular, bill, poster, pamphlet, list, schedule, announcement or notice of lottery prizes or drawings, or any other matter or thing in any way connected with any lottery drawing, scheme or device, or knowingly to permit therein the setting up of any type or plate for any such purpose to be used or distributed in this state, or to be sent out of the state.

(3) Any violation of this section shall be a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

Hletory.-§2, ch. 4373, 1895; GS 8688; RGS 5610; CGL 7668; ~1066, ch. 71-136.

of the state against any operator thereof to 849.11 Plays at games of chance by Iot.enjoin the continued operation of such game Whoever sets up, promotes or plays at any promotion. game of chance by lot or with dice, cards,

(c) An action for violation of this section numbers, hazards or any other gambling demay be instituted by the department of legal vice whatever for, or for the disposal of money affairs in the name of the people of the state, or other thing of value or under the pretext and in any such action, the department shall of a sale, gift or delivery thereof, or for any exercise all of the powers and perform all the right, share or interest therein, shall be guilty of duties which any state attorney would otherwise a misdemeanor of the second degree, punishable be authorized to exercise or to perform therein. as provided in §775.082 or §775.083.

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Hl•tory.-§3, ch. 4378, 1896; GB 8584; RGS 6511; CGL 7669; §1067, ch . 71-1 36.

849.12 Money and prizes to be forfeited.All sums of money and every other valuable thing drawn and won as a prize, or as a share of a prize, or as a share, percentage or profit of the principal promoter or operator, in any lottery, and all money, currency or property of any kind to be disposed of, or offered to be disposed of, by chance or device in any scheme or under any pretext by any person, and all sums of money or other thing of value received by any person by reason of his being the owner or holder of any ticket or share of a ticket in a lottery, or pretended lottery, or of a share or right in any such schemes of chance or device and all sums of money and other thing of value used in the setting up, conducting or operation of a lottery, and all money or other thing of value at stake, or used or displayed in or in connection with any illegal gambling or any illegal gambling device contrary to the laws of this state, shall be forfeited, and may be recovered by civil proceedings, filed, or by action for money had and received, to be brought by the department of legal affairs or any state attorney, or other prosecuting officer, in the circuit courts in the name and on behalf of the state; the same to be applied when collected as all other penal forfeitures are disposed of.

Hlatory.-§4, ch. 4373, 1896: GS 8685: RGS 6512; CGL 7670; §1, ch. 28088, 1953; §§11, 35, ch . 69-106 .

849.13 Punishment on second conviction.Whoever, after being convicted of an offense forbidden by law in connection with lotteries commits the like offense, shall be guilty of a mi;demeanor of the first degree, punishable as provided in §775.082 or §775.083.

Hlstor,..-§4, sub-ch. 10, ch. 1637, 1868; RS 2655 ; OS 3586; RGS 5513: CGL 7671; ~ 1 068, ch. 71 ·136.

849.14 Unlawful to bet on result of trial or contest of skill, etc.-Whoever stakes, bets or wagers any money or other thing of value upon the result of any trial or contest of skill, speed or power or endurance of man or beast, or whoever receives in any manner whatsoever any money or other thing of value staked, bet or wagered, or offered for the purpose of being staked, bet or wagered, by or for any other person upon any such result, or whoever knowingly becomes the custodian or depositary of any money or other thing of value so staked, bet, or wagered upon any such result, or whoever aids, or assists, or abets in any manner in any of such acts all of which are hereby forbidden, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.-082 or §775.083. ___ _

Hlatory.-§1, ch. 5959, 1909; U, ch. 6188, 1911; RGS 6514; CGL 7672: ~ 1069, ch . 71 -136. ct.-§560.16, Part-mutuel pool authorized within enclosure

of racetrack . §551.09, Pari-mutuel pool permitted within enclosure of

tr<mton.

849:15 Manufacture, sale, possession, etc., of com-operated devices prohibited.-It is unlawful:

(1) To manufacture, own, store, keep, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for sale or lease, or to offer to sell, rent, lease, let on shares, lend or give away, or permit the operation of, or for any person to permit to be placed, maintained, or used or kept in any room, space, or building owned, leased or occupied by him or under his management or control, any slot machine or device or any part thereof; or

(2 ) To make or to permit to be made with any person any agreement with reference to any slot machine or device, pursuant to which the user thereof, as a result of a ny element of chance or other outcome unpredictable to him, may. become entitled to receive any money, credit, allowance, or thing of value or additional chance or right to use such machine or device, or to receive any check, slug, token or memorandum entitling the holder to receive any money, credit, allowance or thing of value.

Hlstor,..-§1, ch. 18143, 1937; CGL 1940 Supp. 4151(405-a).

849.16 Machines or devices which come within provisions of la-w.-

(1) Any "machine" or "device" is a slot machine or device within the provisions of this chapter if it is one that is adapted for use in such a way that, as a result of the insertion of any piece of money or coin or other object such machine or device is caused to opera te or may be operated, and by reason of any element of chance or of other outcome of such operation unpredictable by him, the user may receive or become entitled to receive any piece of money, credit, allowance or thing of value, or any check, slug, token or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance or thing of value, or which may be given in trade, or the user may secure additional chances or rights to use such machine, apparatus, or device, even though it may, in addition to any element of chance or unpredictable outcome of such operation, also sell, deliver or present some merchandise, indication of weight, entertainment or other thing of value, provided however, nothing herein contained shall be taken or construed as applicable to an arcade amusement center having amusement games or machines which operate by means of the insertion of~ coin and which by application of skill may entitle the person playmg or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages provided that the merchandise or prize awarded in exchange for said points or coupons shall not exceed the cost value of seventy-five cents on any game played.

(2) The term "arcade amusement center" as used in this section shall mean a place of business having at least fifty or more coinoperated amusement games or machines on the premises which are operated for the entertainment of the general public and tourists as a bona fide amusement facility.

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Hlstory.-§2, ch. 18143, 1937; CGL 1940 Supp. 4151 (405-b); §1, ch. 67-203.

849.17 Confiscation of machines by arresting officer.-Upon the arrest of any person charged with the violation of any of the provisions of § §849.15-849.23 the arresting officer shall take into his custody any such machine, apparatus or device, and its contents, and the sheriff, at the place of seizure, shall make a complete and correct list and inventory of all such things so taken into his custody, and deliver to the person from whom such article or articles may have been seized, a true copy of the list of all such articles. Upon making such a seizure the sheriff shall, forthwith and without delay, deliver each and every item of the things taken into his custody to the clerk of the circuit court of the county in which such seizure is made, and upon delivery, deliver therewith to said clerk the original list and inventory so made by said sheriff at the time and place of such seizure; and upon such delivery the clerk shall verify said list and inventory and mark each item for identification and make a complete and correct list and inventory of the things delivered to him by the sheriff, in duplicate, duly certified by him officially, and deliver one copy thereof to the sheriff, and deposit one copy in proper safety files in his office. The clerk of the circuit court shall keep and preserve all things so delivered to him and have the same forthcoming at any investigation, prosecution or other proceedings, incident to charges of violation of any of the provisions of §§849.15-849.23.

Hlstory.-§4, ch. 18143, 1937; CGL 1940 Supp. 4151(405-c\

849.18 Disposition of machines upon conviction.-Upon conviction of the person arrested for the violation of any of the provisions of §§849.15-849.23, the judge of the court trying the case, after such notice to the person convicted, and any other person whom the judge may be of the opinion is entitled to such notice, and as the judge may deem reasonable, shall issue to the sheriff of the county a written order adjudging and declaring any such machine, apparatus or device forfeited, and directing such sheriff to destroy the same, with the exception of the money. The order of the court shall state the time and place and the manner in which such property shall be destroyed, and the sheriff shall destroy the same in the presence of the clerk of the circuit court of such county.

Hlstory.-§5, ch. 18143, 1937; CGL 1940 Supp. 4151(405-d).

849.19 Property rights in confiscated machine.-The right of property in and to any machine, apparatus or device as defined in §849.16 and to all money and other things of value therein, is declared not to exist in any person, and the same shall be forfeited and such money or other things of value shall be forfeited to the county in which the seizure was made and shall be delivered forthwith to the clerk of the circuit court and shall

by him be placed in the fine and forfeiture fund of said county.

Hl&tory.-§6, ch. 18143, 1937; CGL 1940 Supp. 4151(406-e). cf.-§1.01 (3), "Person" defined.

849.20 Machines and devices declared nuisance; place of operation subject to lien for fine.-Any room, house, building, boat, vehicle, structure or place wherein any machine or device, or any part thereof, the possession, operation or use of which is prohibited by §§849.15-849.23, shall be maintained or operated, and each of such machines or devices, is declared to be a common nuisance. If a person has knowledge, or re~son to believe, that his room, house, building, boat, vehicle, structure or place is occupied or used in violation of the provisions of §§849.15-849.23 and by acquiescence or consent suffers the same to be used, such room, house, building, boat, vehicle, structure or place shall be subject to a lien for and may be sold to pay all fines or costs assessed against the person guilty of such nuisance, for such violation, and the several state attorneys shall enforce such lien in the courts of this state having jurisdiction.

Hlotory.-§7, cb. 18143, 1937; CGL 1940 Supp. 4161(405-f); am. §7. ch. 22858, 1945.

849.21 Injunction to restrain violation.An action to enjoin any nuisance as herein defined may be brought by any person in the courts of equity in this state. If it is made to appear by affidavit or otherwise, to the satisfaction of the court, or judge in vacation, that such nuisance exists, a temporary writ of injunction shall forthwith issue restraining the defendant from conducting or permitting the continuance of such nuisance until the conclusion of the action. Upon application of the complaint in such a proceeding, the court or judge may also enter an order restraining the defendant and all other persons from removing, or in any way interfering with the machines or devices or other things used in connection with the violation of §§849.15-849.23 constituting such a nuisance. No bond shall be required in instituting such proceedings.

Hl&tory.-§8, ch. 18143, 1937; CGL 1940 Supp. 4151(405-g).

849.22 Fees of clerk of circuit court and sheriff.-The clerks of the courts and the sheriffs performing duties under th€ provisions of §§849.15-849.23 shall receive the same fees as prescribed by general law for the performance of similar duties, and such fees e.hall be paid out of the fine and forfeiture fund of the county as costs are paid upon conviction of an insolvent person.

Hlotory.-§9, ch. 18143, 1937; CGL 1940 Supp. 4151(405-h).

849.23 Penalty for violations of §§849.15-849.22.-Whoever shall violate any of the provisions of §§849.15-849.22 shall, upon conviction thereof, be guilty of a misdemeanor of the second degree, punishable as provided in §775.-082 or §775.083. Any person convicted of violat-

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ing any provision of §§849.15-849.22, a second time shall, upon conviction thereof, be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083. Any person violating any provision of §§849.15-849.22 after having been twice convicted already shall be deemed a "common offender," and shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

History.-§3, ch. 18143, 1937; CGL 1940 Supp. 8135(21); §1070, ch. 71-136.

849.231 Gambling devices; manufacture, sale, purchase or possession unlawfuL-Except in instances where the following described implements or apparatus are being held by authorized persons for the purpose of destruction, as hereinafter provided, it shall be unlawful for any person to manufacture, sell, offer for sale, purchase, own or have in his possession any roulette wheel or table, faro layout, crap table or layout, chemin de fer table or layout, chuck-a-luck wheel, bird cage such as used for gambling, bolita balls, chips with house markings or any other device, implement, apparatus or paraphernalia ordinarily or commonly used or designed to be used in the operation of gambling houses or establishments, excepting ordinary dice and playing cards.

History.-§!, ch . 29665, 1955.

849.232 Property right in gambling devices; confiscation.-There shall be no right of property in any of the implements or devices enumerated or included in §849.231 and upon the seizure of any such implement, device, apparatus or paraphernalia by an authorized enforcement officer the same shall be delivered to and held by the clerk of the court having jurisdiction of such offenses and shall not be released by such clerk until he shall be advised by the prosecuting officer of such court that the said implement is no longer required as evidence and thereupon the said clerk shall deliver the said implement to the sheriff of the county who shall immediately cause the destruction of such implement in the presence of the said clerk or his authorized deputy.

History.-§2, ch. 29665, 1955.

849.233 Penalty for violation of §849.231.Any person, including any enforcement officer, clerk or prosecuting official who shall violate the provisions of §849.231 shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

History.-§3, ch . 29665, 1955; §1071 , ch. 71- 136.

_849.24 Bookmaking on the grounds of a permit holder; penalty for violation; ejection.-

(!) Any betting on the grounds of a permit holder of a horse or dog track or jai alai fronton license other than through the legalized parimutuel pools is declared to be illegal.

(2) Any person who shall engage in bookmaking or who shall solicit for, or bet with a bookmaker on the grounds of a permit holder

shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083. For a second like offense in this state, he shall be imprisoned.

(3) Any person who has been convicted of bookmaking, and the record of whose conviction on such charge is on file in the office of the division of pari-mutuel wagering, any court of this state, or of the federal bureau of investigation, or any person who has been ejected from any race track of this or any other state for bookmaking, shall be excluded from all race tracks in this state.

( 4) If the activities of an individual indicate that this law is being violated it shall be the duty of every officer, director, official and employee of the permit holder to investigate the actions of the person, or persons, believed to be violating this law. If after an investigation it shall be apparent to the investigating official that this law has been violated, then such person or persons shall be ejected from the premises of the permit holder and an ejection slip filed with the division of pari-mutuel wagering.

(5) Any such person who refuses to leave such track when ordered to do so by any proper authority or any person who has been ejected from a race track or jai alai fronton and an ejection slip filed with the division of pari-mutuel wagering who thereafter returns to a race track or jai al~ :fr~mt~n wi~hout having been reinstated by the diVISIOn IS gmlty of a misdemeanor of the second degree, punishable as provided in §775.-082 or §775.083.

(6) It shall be the duty of each and every office-:, director, official and employee of said permit holder to observe and enforce this section. ~ 1 0~~~~ry?J: f~~:6, ch. 24345, 1947; §1, ch. 57-179; §2, ch . 71-98;

849.25 Bookmaking defined; penalties.(!) As used in this section, the term book

making shall be deemed to be the taking or receiving of any bet or wager upon the result of any trial or contest of skill, speed, power, or endurance of man, beast, fowl or motor vehicle.

(2) Whoever engages in bookmaking shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083. Any person who, having been convicted of violating this act, thereafter violates this act, shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

(3 ) This section shall not apply to parimutuel wagering in Florida as authorized by the laws of the state; provided further, however, this section shall not apply to any prosecutions filed and pending at the time of the passage hereof, but all such cases shall be disposed of under existing law at the time of the institution of such prosecutions.

History.-§§1-3, ch. 26847, 1951; §1073. ch. 71- 136.

849.26 Gambling contracts declared void;

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exception.-All promises, agreements, notes, bills, bonds or other contracts, mortgages or other securities, when the whole or part of the consideration if for money or other valuable thing won or lost, laid, staked, betted or wagered in any gambling transaction whatsoever, regardless of its name or nature, whether heretofore prohibited or not, or for the repayment of money lent or advanced at the time of a gambling transaction for the purpose of being laid, betted, staked or wagered, are void and of no effect; provided, that this act shall not apply to wagering on pari-mutuels or any gambling transaction expressly authorized by law.

History.- §1, ch. 26543, 1951.

849.27 Suits to recover payment on gambling contracts for loser's benefit; state's share.-

(1) Whoever in person or by agent loses to another money or thing of value in any gambling transaction whatsoever, regardless of its name or nature, whether heretofore prohibited or not, and pays to delivers it or a part of it to the winner thereof or upon the winner's order, may, within ninety days after such loss and payment or delivery, sue for and recover:

(a ) For his, the loser's own use and benefit, the money so lost and paid, and the thing of value so lost and delivered or its value, at his option, together with a reasonable attorney's fee; and

(b) For the use and benefit of the state, an amount equal to the amount of money so lost and paid and an amount equal to the value of the thing of value so lost and delivered; provided, that this chapter shall not apply to wagering on pari-mutuels or any gambling transaction expressly authorized by law.

(2) If such loser has a legal guardian or curator, such guardian or curator may bring such suit within such ninety-day period, and may exercise the option given the loser by subsection (1) (a) to recover the property itself or the value thereof.

Hlstory.-§2, ch. 26543, 1951.

849.28 Loser's failure to institute recovery suit; institution by wife, child, parent, etc.-

(1) If the loser or his legal guardian or curator does not institute such- suit within the ninety day period prescribed by §849.27 and effectively prosecute the same, without collusion or deceit, then, within ninety days after the expiration of the ninety-day period prescribed by said §849.27, such suit for the recovery of said items may be brought by

(a) The wife or husband of the loser; or (b) If the loser has a wife or husband

and/or minor child, such suit may be brougt1t by any relative of the loser or of the loser's wife or husband; or

(c) If the loser is an unmarried minor, such suit may be brought by his or her parents or either of them.

(2) If the suit is brought by any person mentioned in subsection (1) (a) or (b), it shall be brought for the recovery of the item specified in §849.27 (1) (a ) for the use and benefit of the loser's wife or husband and minor children, or such of them as there may be, and for the recovery of the items specified in §849.27 (1) (b ) for the use and benefit of the state.

(3) If the suit be brought by any person or persons mentioned in subsection (1) (c), it shall be for the recovery of the items specified in §849.27 (1) (a) for the use and benefit of the loser's parents, and for the recovery of the items specified in §849.27 (1) (b) for the use and benefit of the state. If property shall have been lost and delivered, any plaintiff suing under authorization of this section shall have the option given the loser in §849.27 (1) (a) to recover the property itself or the value thereof.

History.-§3, ch . 26543, 1951 ; §24, ch. 57-1.

849.29 Persons against whom suits may be brought to recover on gambling contracts.-The following persons shall be jointly and severally liable for the items which are authorized by this act to be sued for and recovered, and any suit brought under the authorization of this act may be brought against all or any of such persons, to-wit: The winner of the money or property lost in the gambling transaction; every person who, having direct or indirect charge, control or management, either exclusively or with others, of the place where the gambling transaction occurs, procures, suffers or permits such place to be used for gambling purposes; whoever promotes, sets up or conducts the gambling transaction in which the loss occurs or has an interest in it as backer, vendor, owner or otherwise; and, as to anything of value other than money, the trandferees and assignees, with notice, of the persons hereinabove specified in this section; and the personal representatives of the persons specified in this section.

Hlstory.-§4, cb. 26543, 1951.

849.30 Plaintiff entitled to writs of attachment, garnishment and replevin.-In any suit under §§849.26-849.34, the plaintiff shall be entitled to writs of attachment and garnishment for the sums of money, exclusive · of attorney's fees, sued for the use and benefit of persons other than the state, in the same manner and to the same extent as in an action on contract; and, in any suit under this chapter for the recovery of a thing of value other than money, the plaintiff shall be entitled to a writ of replevin for the recovery of such thing of value, in the manner and to the extent provided by the replevin statutes of the state.

Blatory.-f~. ch. 26~43, 1851; f24, ch. ~7-1.

849.31 Loser's testimony not to be used against him.-In the event that suit is brought under the authorization of §§849.26-849.34 by someone other than the loser of the money or thing of value involved in the suit, such loser

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shall not be excused from being required to attend and testify or produce any book, paper or other document or evidence in such suit. upon the ground or for the reason that the testimony or evidenc~· required of him may tend to convict him f a crime or to subject him to a penalty or forfeiture, but he shall not be prosecuted or objected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so be required to testify or produce evidence, and no testimony so given or produced shall be received against him upon any criminal investigation or prosecution. If the loser of money or thing of value involved in a suit brought under authorization of §§849.26-849.34, whether by him or by someone else, voluntarily attends or produces evidence in such suit, he shall not be prosecuted or subjected to any penalty for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, and no testimony so given or produced shall be received against him upon any criminal investigation or prosecution. Also, neither the fact of the bringing of suit under this act by a loser nor any statement or admission in his pleadings which is material and relevant to the subject matter of the suit shall be received against him upon any criminal investigation or proceeding..,_

History.-§6, ch. 26 43, 1951.

849.32 Notice to state attorney; prosecution of suit.-The summons in any such suit, and copies of all pleadings and notices of all hearings in the suit, and notice of the tria l and of application for the entry of final judgment, shall be served on the state attorney, whose duty it shall be to protect the interests of the state and, if the plaintiff fails to diligently prosecute the suit, to bring such failure to the attention of the court. If the plaintiff fails to effectively prosecute any such suit without collusion or deceit and without unnecessary delay, the court shall direct the state attorney to proceed with the action. No such suit shall be dismissed except upon a sworn statement filed by the plaintiff or the state attorney which satisfies the court that the suit should be dismissed.

Hlstory.-§7, ch. 26543, 1951.

849.~3 Judgme~t and collection of money; execuhon.-Any JUdgment recovered in such a suit shall adjudge separately the amounts recovered for the use of the state and the plaintiff shall not have execution the~efor, and such amounts shall not be paid to the plaintiff, but shall be payable to the state attorney, who shall promptly transmit the sums collected by him to the state treasurer. The state attorney shall diligently seek the collection of such amounts and may cause a separate execution to issue for the collection thereof.

History .-§8, ch . 26543 , 1951.

849.34 Loser's judgment; recovery of prop-

erty; writ of assistance.-If the plaintiff m any such suit seek to recover property lost, and if he shall prevail as to any such property, he shall take judgment for the property itself and for the value thereof, the judgment as to such property to be satisfied by the recovery of the property or of the value thereof. The plaintiff may, at his option, sue out a separate writ of possession for the property and a separate execution for any other moneys and costs adjudged in his favor, or he may sue out an execution for the value of the property and any other moneys and costs adjudged in his favor. If he elect to sue out a writ of possession for the property, and if the officer shall return that he is unable to find the property, or any of it, the plaintiff may thereupon sue out execution for the value of the property not found. In any proceeding to ascertain the value of the property, the value of each article shall be found so that judgment for such value may be entered.

Hlstory.-§9, ch. 26543, 1951.

849.35 Definitions.-In construing §§849.36-849.46 and each and every word, phrase, or part thereof, where the context permits:

(1) The singular includes the plural and vice versa.

(2) The masculine includes the feminine and neuter and vice versa.

(3) The term "vessel" includes every description of watercraft, vessel or contrivance used, or capable of being used, as a means of transportation in or on water, or in or on the water and in the air.

(4) The term "vehicle" includes every description of vehicle, carriage, animal or contrivance used, or capable of being used, as a means of transportation on land, in the air, or on land and in the air.

(5) The term "gambling paraphernalia" includes every description of apparatus, implement, machine, device or contrivance used in, or in connection with, any violation of the lottery, gaming and gambling statutes, and laws of this state, except facilities and equipment furnished by a public utility in the regular course of business, and which remain the property of such utility while so furnished.

(6) The term "lottery ticket" shall include every ticket, token, emblem, card, paper or other evidence of a chance, interest, prize or share in, or in connection with any lottery, game of chance or hazard or other things in violation of the lottery and gambling statutes and laws of this state (including bolita, cuba, bond, New York bond, butter and eggs, night house and other like and similar operations, but not excluding others). The said term shall also include so-called run down sheets, tally sheets, and all other papers, records, instruments, and things designed for use, either directly or indirectly, in, or in connection with, the violation of the statutes and laws of this state prohibiting lotteries and gambling in this state.

History.- §1, ch. 29712, 1955.

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849.36 Seizure and forfeiture of property used in the violation of lottery and gambling statutes.-

( I) Every vessel or vehicle used for, or in connection with, the removal, transportation, storage, deposit or concealment of any lottery tickets, or used in connection with any lottery or game in violation of the statutes and laws of this state, shall be subject to seizure and forfeiture, as hereinafter provided; provided that no vehicle, vessel or aircraft used by any person as a common carrier in the transaction of business as such carrier shall be forfeited under the provisions of §§849.36-849.46 unless it shall appear that:

(a) In the case of a railway car or engine, the owner; or

(b) In the case of any other such vehicle, vessel or aircraft the owner or the master of such vessel or the owner or conductor, driver, pilot or other person in charge of such vehicle or aircraft was at the time of the alleged illegal act a consenting party or privity thereto; provided further that this subsection shall not apply to vessels or ships operating under a foreign registry, flying foreign flags, which vessels or ships are engaged in the transportation of passengers and/ or freight for hire in a continuous voyage between ports in Florida and ports outside the continental limits of the United States, provided said equipment or paraphernalia referred to herein is sealed prior to entering the jurisdiction of the state and remains in such inoperative condition within the said jurisdiction.

(2) All gambling paraphernalia and lottery tickets as herein defined used in connection with a lottery, gambling, unlawful game of chance or hazard, in violation of the statutes and laws of this state, found by an officer in searching a vessel or vehicle used in the violation of the gambling laws shall be safely kept so long as it is necessary for the purpose of being used as evidence in any case, and as soon as may be afterwards, shall be destroyed by order of the court before whom the case is brought or certified to any other court having jurisdiction, either state or federal.

(3) The presence of any lottery ticket in any vessel or vehicle owned or being operated by any person charged with a violation of the gambling laws of the state, shall be prima facie evidence that such vessel or vehicle was or is being used in connection with a violation of the lottery and gambling statutes and laws of this state and as a means of removing, transporting, depositing or concealing lottery tickets and shall be sufficient evidence for the seizure of such vessel or vehicle.

( 4) The presence of lottery tickets in any room or place, including vessels and vehicles, shall be prima facie evidence that such room, place, vessel or vehicle, and all apparatus, implements, machines, contrivances or devices therein, (herein referred to as "gambling paraphernalia") capable of being used in connec-

tion with a violation of the lottery and gambling statutes and laws of this state and shall be sufficient evidence for the seizure of such gambling paraphernalia.

(5) It shall be the duty of every peace officer in this state finding any vessel, vehicle or paraphernalia being used in violation of the statutes and laws of this state as aforesaid to seize and take possession of such property for disposition as hereinafter provided. It shall also be the duty of every peace officer finding any such property being so used, in connection with any lawful search made by him, to seize and take possession of the same for disposition as hereinafter provided.

History.-§2, ch . 29712, 1955; §1, ch. 57-236.

849.37 Disposition and appraisal of property seized under this chapter.-

( I) Every peace officer, other than the sheriff, seizing property pursuant to the provisions of §§849.36-849.46 shall forthwith make return of the seizure thereof and deliver the said property to the sheriff of the county wherein the same was seized. The said return to the sheriff shall describe the property seized and give in detail the facts and circumstances under which the same was seized and state in full the reason why the seizing officer knew, or was led to believe, that the said property was being used for or in connection with a violation of the statutes and laws of this state prohibiting lotteries and gambling in this state. The said return shall contain the names of all persons, firms and corporations known to the seizing officer to be interested in the seized property.

(2) When property is seized by the sheriff pursuant to this chapter, or when property seized by another is delivered to the sheriff as aforesaid, he shall forthwith fix the approximate value thereof and make return thereof to the clerk of the circuit court as hereinafter provided.

(3) The return of the sheriff aforesaid shall contain a schedule of the property seized describing the same in reasonable detail and give in detail the facts and circumstances under which it was seized and state in full the reason why the seizing officer knew or was led to believe that the property was being used for or in connection with a violation of the statutes and laws of this state prohibiting lotteries or gambling in this state; and a statement of the names of all persons, firms and corporations known to the sheriff to be interested in the seized property; and in cases where the said property was seized by another the sheriff shall attach to his said return, as an exhibit thereto, the return of the seizing officer to him.

( 4) The sheriff shall hold the said property seized pending its disposal by the court as hereinafter provided.

History.-§3, ch. 29712, 1955.

849.38 Proceedings for forfeiture; notice of

2108


seizure and order to show cause.-(!) The return of the sheriff aforesaid to

the clerk of the circuit court shall be taken and considered as the state's petition or libel in rem for the forfeiture of the property therein described, of which the circuit court of the county shall have jurisdiction without regard to value under and by virtue of that provision in §6, art. V, of the state constitut.ion, ~nd.er which the circuit courts may be g1ven JUriS

diction of "such other matters as the legislature may provide." The said return shall be sufficient as said petition or libel notwithstanding the fact that it may contain no formal prayer or demand for forfeiture, it being the intention of the legislature that forfeiture may be decreed without a formal prayer or demand therefor. The said return shall be subject to amendment at any time before final hearing, provided that copies thereof shall be served upon all persons, firms or corporations who may have filed a claim prior to such amendment.

(2) Upon the filing of said return the clerk of the circuit court shall issue a citation, airected to all persons, firms and corporations owning, having or claiming an interest in or a lien upon the seized property, giving notice of the seizure and directing that all persons, firms or corporations owning, having or claiming an interest therein or lien thereon, to file their claim to, on, or in said property within the time fixed in said citation, as to persons, firms and corporations not personally served, and within twenty days from personal service of said citation, when personal service is had. Personal service shall be made on all parties, in Florida, having liens noted upon a certificate of title as shown by the records in the office of the department of highway safety and motor vehicles.

(3) The said citation may be in, or sub-stantially in, the following form:

IN THE CIRCUIT COURT OF THK ___ __ _________ _ JUDICIAL CIRCUIT, IN AND FOR_. ____________ _ __ _____________ ______________ __ _ COUNTY, FLORIDA.

IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY:

(Here describe property) THE STATE OF FLORIDA TO:

ALL PERSONS, FIRMS AND CORPORATIONS OWNING, HAVING OR CLAIM-ING AN INTEREST IN OR LIEN ON THE ABOVE DESCRIBED PROPERTY. YOU AND EACH OF YOU are hereby noti-

fied that the above described property has been seized, under and by virtue of chaper ____ __ __________ , laws of Florida, Acts of 1955, and is now in the possession of the sheriff of this county, and you, and each of you, are hereby further notified that a petition, under said chapter, has been filed in the Circuit Court of the ____________ ___ _ Judicial Circllit, in and for ___________________________________ _ County, Florida, seeking the forfeiture of the said property, and you are hereby directed and required to file your claim, if any you have,

and show cause, on or before ----------·-----------------• 19 __ ______ , if not personally served with process herein, and within twenty days from personal service if personally served with process herein, why the said property should not be for-feited pursuant to said chapter ______________ , laws of Florida, Acts of 1955. Should you fail to file claim as herein directed judgment will be entered herein against you in due course. Persons not personally served with process may obtain a copy of the petition for forfeiture filed herein from the undersigned clerk of court.

WITNESS my hand and the seal of the above mentioned court, at -------------------------------- Florida, this -------------------------- ________ __ 19 _____ ---·

(COURT SEAL)

Clerk of the above mentioned Court. By ________ __ ________ ____ __ ____ ______________________________ _

Deputy Clerk ( 4) Such citation shall be returnable, as

to persons served constructively, as therein directed, not less than twenty-one nor more than thirty days, from the posting or publication thereof, and as to personally served with process within twenty days from service thereof. A copy of the petition shall be served with the process when personally served. Personal service of process may be made in the same manner as a summons in chancery.

(5) If the value of the property seized is shown by the sheriff's return to have an appraised value of four hundred dollars or less, the above citation shall be served by posting at three public places i.n the county, one of which shall be the front door of the courthouse; if the value of the property is shown by the sheriff's return to have an approximate value of more than four hundred dollars, the citation shall be published once a week for three consecutive weeks in some newspaper of general publication published in the county, if there be such a newspaper published in the county and if not, then said notice of such publication shall be made by certificate of the clerk if publication is made by posting, and by affidavit as provided in chapter 50, if made by publication in a newspaper, which affidavit or certificate shall be filed and become a part of the record in the cause. Failure of the record to show proof of such publication shall not affect any judgment made in the cause unless it shall affirmatively appear that no such publication was made.

Hlstory.-§4, ch. 29712, 1955; §§24, 35, ch. 69-106.

849.39 Delivery of property to clairnant.Any person, firm or corporation filing a claim in the cause, which claim shall state fully his right, title, claim or interest, in and to the seized property, may, at any time after said claim is filed with the clerk of the court, obtain possession of the seized property by filing a petition therefor with the sheriff and posting with him, to be approved by him, a surety

2109


bond, payable to the governor of the state in twice the amount of the value of the said property as fixed in the sheriff's return to the clerk of the circuit court, with a corporate surety duly authorized to transact business in this state as surety, conditioned upon his paying to the sheriff the value of the property together with costs of the proceeding, if judgment of forfeiture be entered by the court. Upon the posting of such bond with the sheriff and the release of the property to the applicant the cause shall proceed to final judgment in the same manner as it would have had no such bond been filed, except that any execution to be issued in the cause pursuant to judgment may run against and be enforced against the person posting said bond and his surety.

History.-§5, ch. 29712, 1955.

849.40 Proceeding when no claim filed.When no claim is filed in the cause within the time required the clerk shall enter a default against all persons, firms and corporations owning, claiming or having an interest in and to the property seized and the cause may then proceed in the same manner as a common law cause after default, and final judgment shall be entered therein ex parte, except as may be herein otherwise provided.

History.-§6, ch. 29712, 1955.

849.41 Proceeding when claim filed.-When one or more claims are filed in the cause the cause shall be tried upon the issues made thereby with the petition for forfeiture with any affirmative defenses being deemed denied without further pleading. Judgment by default shall be entered against all other persons, firms and corporations owning, claiming or having an interest in and to the property seized, after which the cause shall proceed as in other common law cases; except any claimant shall prove to the satisfaction of the court that he did not know or have any reason to believe, at the time his right, title, interest, or lien arose, that the property was being used for or in connection with the violation of any of the statutes or laws of this state prohibiting lotteries and gambling and further that at said time there was no reasonable reason to believe that the said property might be used for such purpose. Where the owner of the property has been convicted of a violation of the statutes and laws of this state prohibiting lotteries or gambling such conviction shall be prima facie evidence that each claimant had reason to believe that the property might be used for or in connection with a violation of such statutes and laws, and it shall be incumbent upon such claimant to satisfy the court that he was without knowledge of such conviction. Trial of all such causes shall be without a jury, except in such cases as a trial by jury may be guaranteed by the state constitution and in such cases trial by jury shall be deemed waived unless demanded in the claim filed.

History.-§7, ch. 29712, 1955.

849.42 State attorney to represent state.Upon the filing of the sheriff's return with the clerk of the circuit court the said clerk shall furnish the state attorney with a copy thereof and the said state attorney shall represent the state in the forfeiture proceedings. The department of legal affairs shall represent the state in all appeals from judgments of forfeiture to the appropriate district court of appeal or direct to the supreme court when authorized by §4, Art. V of the state constitution. The state may appeal any judgment denying forfeiture in whole or in part or that may be otherwise adverse to the state. 69~w:~ry.-§8, ch. 29712, 1955; §34, ch. 63·559; §§ll, 35, ch.

849.43 Judgment of forfeiture.-On final hearing the return of the sheriff to the clerk of ~he c~rcuit court shall be taken as prima facie evidence that the property seized was or had been used in, or in connection with the violation of the statutes and laws of this ~tate prohibiting lotteries and gambling in this state and shall be sufficient predicate for a judgment of forfeiture in the absence of other proofs and evidence. The burden shall be upon the claimants to show that the property was not so used or if so used that they had no knowledge of such violation and no reason to believe that the seized property was or would be used for the violation of such statutes and law.s. Where S?ch p:operty is encumbered by a hen or retamed title agreement under circumstances wherein the lienholder had no knowledge that the property was or would be used in violating such statutes and laws, and no reasonable reason to believe that it might be so used, then the court may declare a forfeiture of all other righ!s, titles and interests, subject, however, to the hen of such innocent lienholder or may direct the payment of such lien from th~ proceeds of any sale of the said property. The proceedings and the judgment of forfeiture shall be in rem and shall be primarily against the property itself. Upon the entry of a judgment of forfeiture the court shall determine the disoosition to be made of the vroverty which may include the destruction thereof, th~ sale thereof. the allocation thereof to some governmental function or use, or otherwise as the court may determine. Sales of such property shall be at public sale to the highest and best ~idder .therefor for cash after two weeks pubhe notice as the court may direct. Where the property has been delivered to a claimant upon the posting of a bond the court shall determine the value of the property or portion thereof subject to forfeiture and shall enter judgment against the principal and surety of the bond in such amount for which execution shall issue in the usual manner. Upon the application of any claimant the court may fix the value of the forfeitable interest or interests in the seized property and permit such claimant to redeem the said property upon the payment of a sum equal to said value which sum shall

2110


be disposed of as would the proceeds of a sale of the said property under a judgment of forfeiture.

Hlstory.-§9, ch . 29712, 1955.

849.44 Disposition of proceeds of forfeiture. -All sums received from a sale or other disposition of the seized property shall be paid into the county fine and forfeiture fund and shall become a part thereof; provided, however, that in mstances where the seizure is by a municipal police officer within the limits of any municipality having an ordinance requiring such vehicles, vessels or conveyances to be forfeited, the city attorney shall act in behalf of the city in lieu of the state attorney and shall proceed to forfeit the property as herein provided, and all sums received therefrom shall go into the gl:!neral operating fund of the city.

Hlstory.-§10, ch . 29712, 1955 ; §24, ch. 57-1 .

849.45 Fees for services.-Fees for services required hereunder shall be the same as provided for sheriffs and clerks for like and similar services in other cases and matters.

History.-§11, ch. 29712, 1955.

849.46 Exercise of police power.-It is deemed by the legislature that this chapter is necessary for the more efficient and proper enforcement of the statutes and laws of this state prohibiting lotteries and gambling, and a lawful exercise of the police power of the state for the protection of the public welfare, health, safety and morals of the people of the state. All the provisions of this chapter shall be liberally construed for the accomplishment of these purposes.

Hls tory .- §12, ch . 29712, 1955.

2111

Ch. 851 BUCKET SHOPS Ch. 851

CHAPTER 851

BUCKET SHOPS 851.01 "Bucket shop" defined; purpose of 851.03 Displaying, etc., quotations of prices;

penalty. chapter. 851.02 Penalty for maintaining bucket shop.

851.01 "Bucket shop" defined; purpose of chapter.-

(1) A bucket shop within the meaning of this chapter is defined to be an office, store, or other place wherein the proprietor or keeper thereof, or other person or agent in his behalf, or any agent or correspondent of any other person, within or without the state, conducts the business of making or offering to make contracts, agreements, trades or transactions respecting the purchase or sale or purchase and sale of any stocks, bonds, cotton, grain, provisions or other commodities or personal property wherein both parties thereto, or said proprietor or keeper contemplated or intended that the contracts, agreements, trades or transactions shall be or may be closed, adjusted, or settled according to or on the basis of the market quotations or prices made on any board of trade or exchange upon which the commodities or securities referred to in such contracts, agreements, trades or transactions are dealt in and without a bona fide transaction on such board of trade or exchange.

(2 ) The maintenance of any such office, store or other place of business, and the making of such contracts or agreements are unlawful. The said offense. shall be complete against any proprietor, person, agent or keeper thus offering to make any such contracts, trades or transactions, whether such offer is accepted or not.

(3) It is the intention of this chapter to prevent, punish and prohibit within this state the business now engaged in and conducted in places commonly known and designated as

851.04 Statement as to proposed purchase.

where the rules or regulations thereof forbid the practice or mode of trading hereinbefore declared to be unlawful, and where said rules or regulations require both the buyer to accept and the seller to make delivery upon all transactions entered into upon said exchange, or board of trade, and all such transactions are hereby declared to be lawful and enforceable; and , (5) Provided, further, that no such contract for the purchase or sale as aforesaid, executed as aforesaid upon any legitimate exchange or board of trade, shall be deemed unlawful as lacking the essential elements of any actual delivery thereon for the reason that said contract has been subsequently offset or settled between the members of such exchange or board of trade with or through whom any such contract was made or executed, where the only effect of said offset or settlement has been to substitute other parties, either as buyers or sellers, for those with or through whom the transaction was originally made.

(6) The plain intent of this section is, while declaring unlawful all the transactions conducted in and through a bucket shop as described and defined herein, to make lawful and enforceable and to withdraw from the provisions of the gaming and wagering statutes of this state, all transactions executed upon and in accordance with the rules of a legitimate produce, stock or cotton exchange or board of trade, and this .chapter shall be liberally construed at all times so as to effectuate this object.

"bucket shops," and also to include the prac- History.-§!, ch. 9334, 1923; CGL 7899. ct.-§1.01 (3), "Person" defined.

tice now commonly known as "bucket shop-ping" by any person or agent who ostensibly carries on the business or occupation of commission merchant or broker in stocks, bonds, cotton, gra in, provisions or other commodities, whatsoever.

(4) Provided, however, that nothing herein shall be construed to forbid or to declare unlawful the business of receiving and executing orders to buy or seiJ for immediate o-r future delivery any of the property or commodities set out in this section, where the person receiving such order shall act solely and exclusively as an agent, broker, or commission merchant, for the person giving such order, and where the agent, broker or commission merchant receiving such order shall either in person or through another agent execute the same upon, and in accordance with the rules and regulations of any legitimate produce, stock or cotton exchange or board of trade, or other similar body, located either within or without this state where bona fide trading in those commodities or property is actually carried on,

851.02 Penalty for maintaining bucket shop. -It is a misdemeanor for any person or agent to keep or cause to be kept within this state any bucket shop, and any person or agent, whether acting individually or as a member, officer, agent or employee of any corporation, association, or copartnership, who shall keep, maintain, or assist in the keeping or maintaining of any such bucket shop within this state, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§2, ch. 9334 , 1923; CGL 7900; §1074, ch . 71-136.

851.03 Displaying, etc., quotations of prices; penalty.-Any person or agent who shall communicate, receive, exhibit or display in any manner any statement of quotations of the prices of any property mentioned in §851.01, with a view to any transaction or transactions in this chapter prohibited, shall be deemed an accessory, and upon conviction thereof,

2112

Ch. 851 BUCKET SHOPS Ch. 851

shall be fined and punished the same as the principal, as provided in ~851.02.

Hlstory.-§3, ch. 9334, 1923; CGL 7901. cf.-Ch. 776, Principals and accessories.

851.04 Statement as to proposed purchase.Every commission merchant, person, agent or broker in this state, engaged in the business of buying or selling or buying and selling stocks, bonds, cotton, grain, provisions, or other commodities, or personal property for any person, principal, customer, or purchaser, shall furnish to any customer or principal for whom such merchant, broker, person, or agent has executed any order for the actual purchase or sale of the commodities hereinbefore men-

tioned, either for immediate or future delivery, a written statement containing names of the parties from whom the property was bought or to whom it shall have been sold, as the case may be; the time when, the place where, and the price at which the same was either bought or sold; and in case such commission merchant, broker, person, or agent shall refuse promptly to furnish the statement upon reasonable demand, the fact of such refusal shall be prima facie evidence that such property was not sold or bought in a legitimate manner, but was sold or bought in violation thereof.

Hlatory.-§4, ch. 9334, 1923; CGL 790%.

2113

Ch. 856 DRUNKENNESS; VAGRANCY; DESERTION Ch. 856

CHAPTER 856

DRUNKENNESS; VAGRANCY; DESERTION

856.01 Drunkenness prohibited; penalty. 856.0ll Disorderly intoxication. 856.02 Vagrants.

*856.01 Drunkenness prohibited; penalty.Whoever shall be or become drunk from the voluntary use of intoxicating liquors or drugs shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083; but no prosecution shall be instituted after six months after the commission of the offense.

Hlator:r.-§8, cb. 7736, 1918; RGS 6472; 1§1, 2, cb. 16978, 1935; CGL 7616; §1075, ch. 71- 136.

•Note.-Section 17, ch. 71-132 repeals this section, effective J uly 1, 1973. cf.- §322.05, Drivers' license.

§860.01, Driving automobile while Intoxicated.

856.011 Disorderly intoxication.-( I) No person in the state shall be intoxi

cated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.

(2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

(3) Any person who shall have been convicted or have forfeited collateral under the provisions of subsection (1) three times in the preceding twelve months shall be deemed a habitual offender and may be committed by the court to an appropriate treatment resource for a period of not more than sixty days. Any peace officer, in lieu of incarcerating an intoxicated person for violation of subsection (1), may take or send the intoxicated person to his home or to a public or private health facility, and the law enforcement officer may take reasonable measures to ascertain the commercial transportation used for such purposes is paid for by such person in advance. Any law enforcement officers so acting shall be considered as carrying out their official duty.

History.- §16A, ch . 71- 132.

856.02 Vagrants.-Rogues and vagabonds, idle or dissolute persons who go about begging, common gamblers, persons who use juggling, or unlawful games or plays, common pipers and fiddlers, common night walkers, thieves, pilferers, traders in stolen property, lewd, wanton and lascivious persons, keepers of gambling places, common railers and brawlers, persons who neglect their calling or employment, or are without reasonably continuous employment or regular income and who have not sufficient property to sustain them, and misspend what they earn without providing for themselves or the support of their families , persons wandering or strolling around from place to place without any lawful purpose or object, habitual loaf-

856.03 Arrest of vagrant without written warrant.

856.04 Desertion; withholding support; proviso.

ers, idle and disorderly persons, persons neglecting all lawful business and habitually spending their time by frequenting houses of ill fame or gaming houses, persons able to work but habitually living upon the earnings of their wives or minor children, and all able bodied male persons over the age of eighteen years who are without means of support and remain in idleness, shall be deemed vagrants, and upon conviction shall be subject to the penalty provided in §856.03.

Hlotor:r.-§24, sub-cb. 8, cb. 1837, 1868; RS 2642; §1, cb. 6419, 1905; GS 3670; 11, cb. 6720, 1907; RGS 6497; CGL 7655: §17A, ch. 71-132. · cf.- §60 .05 Abatement of nuisances.

§823.05, Places frequented by vagrants declared nuisances.

856.03 Arrest of vagrant without written warrant.-

( I) Upon proper information made upon oath before an officer authorized to act in such cases he shall issue his warrant for the arrest of any person therein named or described who is charged therein with being a vagrant under any of the provisions of §856.02, and such warrant shall be executed by any sheriff, constable, policeman, or by private person duly authorized therP.to by the officer issuing such warrant.

(2) Any sheriff, constable, policeman or other lawful officer may arrest any vagrant described in §856.02 without a warrant in case delay in procuring one would probably enable such alleged vagrant to escape arrest. Any person so arrested by virtue of a warrant or without a warrant shall be given a speedy trial, and upon conViction shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§25, sub-ch. 8. ch. 1637, 1868; RS 2643; §2, ch. 54 19. 1905: GS 3571: RGS 5498: CGL 7656: §1076, ch. 71-136. cf.-§901.15, Arrest without warrant.

856.04 Desertion; withholding support; proviso.-

(1) Any man who shall in this state desert his wife and children, or either of them, or his wife where there are no children or child, or who shall willfully withhold from them or either of them, the means of support, or any mother, who shall desert her child or children, or who shall willfully withhold from them the means of support, shall be guilty of a felony of the third degree, punishable as provided in §775.-082, §775.083, or §775.084. However, no husband shall be prosecuted under this section for the desertion of his wife, or for withholding from his wife the means of supporting her where there is existing, at the time of such desertion or withholding, such cause or causes as are recognized as ground or grounds for dissolution of marriage,

2114

Ch. 856 DRUNKENNESS; VAGRANCY; DESERTION Ch. 856

by statute, in this state, if such person shall have provided for the support of his children, if there be any.

(2) For the purposes of subsection (1), an illegitimate child shall be deemed to be the child of a man who has been adjudged or de-

creed to be the father of such illegitimate child by a court of competent jurisdiction of this state or of any other jurisdiction.

Hl&tory.-U, ch. 4553. 1897; GS 8569; §1, ch. R48S. 1918: RGS 5496; CGL 7654; §1, ch. 59-147; §1, ch. 61-335; §!, ch. 65-210; §1077, ch. 71-136.

2115

Ch. 859 POISONS; ADULTERATED DRUGS Ch. 859

CHAPTER 859

POISONS; ADULTERATED DRUGS

859.01 Poisoning food or water. 859.02 Selling certain poisons by registered

pharmacists and others. 859.03 Sale of morphine. 859.04 Provisions concerning poisons. 859.05 Narcotics not to be sold except on pre

scription.

859.01 Poisoning food or water.-Whoever mingles any poison with food, drink or medicine, with intent to kill or injure another person, or willfully poisons any spring, well or reservoir of water with such intent, shall be guilty of a felony of the first degree, punishable as provided in §775.082, §775.083, or §775.084.

HlatoJ7.-14, aub-ch. 3, ch. 1637, 1868; RS 2658; GS 3587; RGS 5515; CGL 7675; ~ 1078, ch . 71-136. cf.-§500.24, VIolation of food, drug and cosmetic law.

§569.10, Adulterating liquor.

859.02 Selling certain poisons by registered pharmacists and others.-Any violation of the law, relative to sale of poisons, not specially provided for, shall constitute a misdemeanor of the second degree, punishable as provided in §775.083.

Hiatory.-§8, ch. 3880, 1889; GS 1906, 3604; RGS 6526; CGL 7692; §1079, ch . 71 -136.

859.03 Sale of morphine.-Any druggist or other dealer in drugs and medicines who shall sell or offer for sale any sulphate or other preparations of morphine, without wrapping the same in a scarlet wrapper and plainly labeling it, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.083; provided, this section shall not apply to regular practicing physicians putting up their own prescriptions in their ordinary practice of dispensing medicines.

Hletor;r.-§2, ch. 1891, 1872; §§1, 2, ch. 3286, 1881; RS 2667, 826; GS 3605; RGS 5527; CGL 7693; §1080, ch. 71-136.

859.04 Provisions concerning poisons.-(1) It is unlawful for any person not a reg

istered pharamacist to retail any poisons enumerated below: Arsenic and all its preparations, corrosive sublimate, white and red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnine, and all other poisonous vegetable alkaloids and their salts, and the essential oil of almonds, opium and its preparations of opium containing less than two grains to the ounce, aconite, belladonna, colchicum, conium, nux vomica, henbane, savin, ergot, cotton root, cantharides, creosote, veratrum digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic and oxalic acids; and he shall label the box, vessel or paper in which said poison is contained with the name of the article, the word poison, and the name and place of business of the seller.

(2) No person shall deliver or sell any poisons enumerated above unless upon due inquiry it be found that the purchaser is aware of its

859.06

859.07 859.08

Sale of cigarettes and wrappers to minors.

Duty of officers to enforce §859.06. Penalty for selling adulterated drugs.

poisonous character and represents that it is to be used for a legitimate purpose. The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities or doses upon the prescriptions of practitioners of medicine.

(3) Any violation of this section shall render the principal of said store guilty of a misdemeanor of the second degree, punishable as provided in §775.083. However, this section shall not apply to manufacturers making and selling at wholesale any of the above poisons. Each box, vessel, or paper in which said poison is contained shall be labeled with the name of the article, the word poison, and the name and place of business of the seller.

Hlstory.-§8, ch. 3380, 1889; RS 822; GS 3606; RGS 5528; CGL 7694; §1081, ch. 71-136.

859.05 Narcotics not to be sold except on prescription.-No person shall sell, give away, or otherwise dispose of any opium, morphine, cocaine, or its salts, atropine, belladonna or conium, to any person, except upon the written prescription of a licensed practicing physician, which prescription shall not be filled but once; provided, however, that this section shall not apply to manufacturers making and selling at wholesale to druggists, or to sales thereof, for the use of dentists, physicians, hospitals or infirmaries. Any person who shall, for himself, or for any other person, violate any of the provisions of this section shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

HlatoJ7.-U1, 2, ch. 6957, 1909; RGS 6629; 1§1, 2, ch. i6i89, !925;- CGL-7695; §1082. ch. 71-136. cf.-§1.01 (3), "Person" deft ned.

§398.22, VIolation of uniform narcotic drug law.

859.06 Sale of cigarettes and wrappers to minors.-No person shall sell, barter, furnish or give away, directly or indirectly, to any minor, any cigarette, cigarette wrapper or any substitute for either; or procure for, or persuade, advise, counsel or compel any child under said age to smoke any cigarette. Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.- §§!, 2, ch. 5116, 1907; RGS 5530; CGL 7696; §1083, ch. 71- 136.

859.07 Duty of officers to enforce §859.06.Sheriffs, constables, their deputies or any police officer shall enforce the provisions of §859.06, and he may summon any minor who

2116

Ch. 859 POISONS; ADULTERATED DRUGS Ch. 859

may have or have had in his possession any cigarettes or cigarette material, and compel him to testify before the county judge or any justice of the peace as to where and from whom he obtained such cigarettes or cigarette material.

Hlstory.-§3, ch. 5716, 1907; RGS 5531; CGL 7697.

859.08 Penalty for selling adulterated drugs. -Every registered pharmacist, and the owner or proprietor of any store dealing in drugs or medicines, shall be held responsible for the quality of all drugs, chemicals or medicin~s he may sell or dispense, with the exception of those sold in the original packages of the man-

ufacturer and those known as proprietary; and any person who fraudulently adulterates, for the purpose of sale, any drug or medicine or sells any fraudulently adulterated drug or medicine, knowing the same to be adulterated, shall be guilty of a misdemeanor of the second deg-ree, punishable as provided in §775.082 or §775.083, and such adulterated drugs and medicine shall be forfeited and destroyed under the direction of the court; and if the offender be a registered pharmacist his name shall be stricken from the register.

History.-§8, ch. 6890, 1915; RGS 5532; CGL 7698; §1084, ch. 71 ·136. cf.-§.500.30, Sa le of lye regula ted .

2117

Ch. 860 OFFENSES CONCERNING AIRCRAFT, MOTOR VEHICLES & RAILROADS Ch. 860

CHAPTER 860

OFFENSES CONCERNING AIRCRAFT, MOTOR VEHICLES AND RAILROADS

860.01

860.02 860.03 860.04

860.05

860.06 860.07

860.08

Driving automobile while intoxicated; punishment.

Carelessness of common carrier. Intoxicated servant of common carrier. Persons beating their way on railroad

trains. Unauthorized person interfering with

railroad train, cars or engines. Una uthorized persons boarding trains. Unauthorized persons giving signals

to railroad trains or engines. Unauthorized persons interfering with

signals connected with railroads or trains.

860.01 Driving automobile while intoxicated; punishment.-

(1) It is unlawful for any person, while in an intoxicated condition or under· the influence of intoxicating liquor; marijuana; narcotic drugs, as defined in chapter 398; model glue, as defined in §877.11; or barbiturates, central nervous system stimulants, hallucinogenic drugs, or any other drug to which the drug abuse laws of the United States apply, as defined in chapter 404 to such extent as to deprive him of full possession of his normal faculties to drive or operate over the highways or streets or thoroughfares of Florida any automobile, truck, motorcycle, or any other vehicle. Any person convicted of a violation of this section shall be punished as provided by §316.028.

(2) If, however, damage to property or person of another, other than damage resulting in death of any person, is done by said intoxicated person under the influence of intoxicating liquor to such extent as to deprive him of full possession of his normal faculties, by reason of the operation of any of said vehicles mentioned herein, he shall be guilty of a misde· meanor of the first degree, punishable as provided in §775.082 or §775.083, and if the death of any human being be caused by the operation of a motor vehicle by any person while intoxicated, such person shall be deemed guilty of manslaughter, and on conviction be punished as provided by existing law relating to manslaughter.

(3) Convictions under the provisions of this section shall not be a bar to any civil suit for damages against the person so convicted.

Hletory.-ffl, 2, cb. 6R82, 1916; ROB &15413: 11, cb. 1289, 1823; U . ch . 11808. 182,; COL ,,48; 1,, cb. 22000, 1143; 11. ch. 67-156; §2, ch. 70-41 3; §1085, ch. 71-1 36. cf.-1782.07, Manslaushter.

18641.01, Drunkennes• problbtted.

860.09 860.10

860.11

860.13

860.14

860.15

Interfering with railroad track. Disposing of dupEcate switch keys of

railroad companies; penalty. Injuring railroad structures; driving

cattle on tracks. Operation of aircraft while intoxicated

or in careless or reckless manner; penalty.

Motor vehicle parts and accessories; records of certain purchases.

Overcharging for repairs and parts; penalty.

veyance, shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.-083.

Hlstory.-H8, sub-ch. 3, ch. 1637, 1868; RS 2692; GS 3637; RGS 5573; CGL 7759; §1086, ch. 71-136. c! .- §350.67, P enalty for violating provisions of Florida public

service commission. Ch. 352, Duties o! railroad to passengers and freight.

860.03 Intoxicated servant of common carrier.-If any person while in charge of a locomotive engine, or acting as the conductor or superintendent of a car or train, or on the car or train as a brakeman, or employed to attend the switches, draw-bridges or signal stations on any railway, or acting as captain or pilot on any steamboat shall be intoxicated, he shall be guilty of a misdemeanor of the second

· degree, punishable as provided in §775.082 or §775.083.

History.-RS 2693; GS 3638; RGS 5574; CGL 7760; §1087, ch. 71-1 36. cf.-§352.37, Conductors, etc., violating regulations.

860.04 Persons beating their way on railroad trains.-Any person, who, without permission of those having authority, with the intention of being transported free, rides or attempts to ride on any railroad train in this state, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.-082 or ~775.083.

Hlstory.-§§1, 2, ch. 4703, 1899; GS 3643; RGS 6679; CGL 7765; ~1088, ch. 71 -136.

860.05 Unauthorized person interfering with railroad train, cars or engines.-Any person other than an employee of the railroad company acting within the line of his duty on such railroad, who shall detach or uncouple any train, or put on, apply, or tamper with .any brake or brakes of any train, or wantonly pull the bell cord, or emergency valve of any train, or otherwise interfere with any train, engine, car or part thereof, while such train is standing at any depot, crossing or stop, or while

860.02 Carelessness of common carrier.- such train is in motion, or who tampers with, Whoever, having management or control of or or in any manner interferes with any railover any railroad train, steamboat or other road track, switch or signal or any part of the public conveyance used for the common car- appliance connected with any railroad track, riage of passengers, is guilty of gross care- road bed or rolling stock shall be guilty of a mislessness or neglect in or in relation to the demeanor of the second degree, punishable as conduct, management and control of such con- provided in §775.082 or §775.083.

2118


Hlstory.-§§1, 2, ch. 4704, 1899; GS 8664; RGS 6691; CGL 7777: ~1089. ch. 71 -136.

860.06 Unauthorized p e r s o n s boarding trains.-N o person shall board or enter upon any railway train or locomotive while the same is in motion or cling to any bar, railing or other outside fixture of any train or locomotive while the same is in motion except such persons who have a right upon said train or locomotive, either as a passenger or employee, and any person convicted of a violation of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.-082 or §775.083. In case of death or injury nothing in this section shall be construed to alter, change or affect in any manner the right of a party injured while violating this section, or his administrator or representative to recover for such death or injury.

History .- §§ 1, 2, ch . 4709, 1899; GS 3655; RGS 5592; CGL 7778; ~ 1 090, ch . 71 -136.

860.07 Unauthorized persons giving signals to railroad trains or engines.-Any person who wrongfully, recklessly or wantonly and without authority, signals any train or engine in this state with a red light, or with a red flag, or gives any signal calculated to affect the movement or operation of any train, engine or cars, on any railroad in this state, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083. This section shall not apply to any person giving signals to stop a train for the purpose of preventing an accident to such train, or at a regular station or flag station when the train is flagged for the purpose of taking passage on said train.

History.- §!, ch. 4708, 1899; GS 3656; RGS 5593; CGL 7779; ~ 1091. ch . 71-136.

860.08 Unauthorized p e r s o n s interfering with signals connected with railroads or trains. -Any person who wrongfully, or without authority and willfully, removes any lamp from any switch stand, or who removes the oil from any lamp on any switch stand, ·or who removes any lantern, light, lamp, torch, flag, fuse, torpedo or other signal from any train, engine, car, railroad track, platform, depot or right of way, or who turns out or extinguishes or otherwise tampers with any such lantern, light, lamp, torch, fuse or other signal used in connection with railroad business, shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

History.- §§! , 2, ch. 4705, 1899; GS 3657; RGS 5594; CGL 7780; ~1092. ch . 71 -136.

860.09 Interfering with railroad track.Whoever willfully moves or misplaces or in any manner interfe~es with any railway switch, or :emoves any rail from any railway track or m any other manner injures any_ railway track, or shall place any obstruction thereon shall be guilty of a felony of the second degree', punishable as provided in §775.082, §775.083, or §775.084.

History.-§ 1, <;h. 3755, 1887; RS 2698; GS 3660 ; RGS 5597; CGL 7783; § 1093, ch . 7 1-136. cf.- §782.06, Killing by obstructing railroad track.

860.10 Disposing of duplicate switch keys of railroad companies; penalty.-It is unlawful for any person to make, buy, sell or give away any duplicate key to any lock belonging to or in use by any railroad company in this state on its switches or switch tracks, except on the written order of the officer of said railroad company whose duty it is to distribute and issue switch lock keys to the employees of such railroad company. Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

Hi s tory.- §§!, 2, ch. 9307. 1923; CGL 7786; §1094, .ch . 71-1 36.

860.11 Injuring railroad structures; driving cattle on tracks.-Whoever otherwise wantonly or maliciously injures any bridge, trestle, culvert, cattle guard or other superstructure of any railroad company, or salts the track of any railroad company, for the purpose of attracting cattle thereto, or who shall drive cattle thereon, shall be guilty of a felony of the second degree, punishable as provided in §775.-082, §775.083, or §775.084.

Blstory.-§3, ch. 3281, 1881; RS ~699 ; GS 3661; RGS 5598; COL 7784; §1095, ch . 71-136.

860.13 Operation of aircraft while intoxicated or in careless or reckless manner; pen-alty.- . · ·

*(1) It shall be unlawful for any person: (a) To operate an aircraft in the air or on the

ground oi water while under the influence of: 1. Alcoholic beverages; 2. Any narcotic or dangerous drug con

trolled by chapter 398, chapter 404, or the narcotic or drug abuse laws of the United States; or

3. Any chemical substance set forth in §877.11; or

(b) To operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another.

(2) In any prosecution charging careless or reckless operation of aircraft in violation of this section the court, in determining whether the operation was careless or reckless, shall consider the standards for safe operation of aircraft as prescribed by federal statutes or regulations governing aeronautics.

*(3) Violation of this section shall constitute a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

(4) It shall be the duty of any court in which there is a conviction for violation of this statute to report such conviction to the civil aeronautics administration for its guidance and information with respect to the pilot's certificate.

History.-§§1-4, ch. 25259, 1949; §1096, ch . 71-136; §§1, 2A, ch. 71-282.

*Note.-Subsections (I) and (3) as a mended t a ke effect J anuary 1, ! 972.

860.14 Motor vehicle parts and accessories; records of certain purchases.-Every person

2119


engaged in the business of buying and selling parts and accessories for motor vehicles who purchases such parts and accessories from any person other than manufacturers, distributors, wholesalers, retailers or other persons usually and regularly engaged in the business of selling such parts and accessories, shall keep a daily record of all such parts and accessories so purchased, which record shall show the date and time of each purchase of such parts and accessories, the name and address of each person from whom such parts and accessories were purchased, the number of the driver's lieense of such person or, if such person does not have a driver's license, adequate information to properly identify such person, and a detailed description of the parts and accessories purchased from such person, which description shall include all serial and other identifying numbers, if any. Such records shall be retained for not less than one year and shall at all times be subject to the inl:lpection of all

police or peace officers. Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-~!. ch. 6!-420; §!097, ch . 71· 136.

860.15 Overcharging for repairs and parts; penalty.-

(1) It is unlawful for a person to knowingly charge for any services on motor vehicles which are not actually performed; or to knowingly and falsely charge for any parts and accessories for motor vehicles not actually furnished; or to knowingly and fraudulently substitute parts when such substitution has no relation to the repairing or servicing of the motor vehicle.

(2) Any person wilfully violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§! , ch . 63-203; §!098, ch . 71·136.

2120

Ch. 861 OFFENSES CONCERNING PUBLIC ROADS AND NAVIGABLE WATERS Ch. 861

CHAPTER 861

OFFENSES CONCERNING PUBLIC ROADS AND NAVIGABLE WATERS

861.01 861.02 861.021 861.03 861.04

861.05 861.06 861.07

Obstructing highway. Obstructing water course. Obstructing channels; misdemeanor. Injuries to dams. Placing water hyacinths in any of the

streams or waters of the state. Obstruction to navigation by bridges. Obstructing harbors, etc. Obstructing wagon roads.

861.01 Obstructing highway.-Whoever obstructs any public road or established highway by fencing across or into the same, or by willfully causing any other obstruction in or to such road or highway, or any part thereof, shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or ~775.083, and the judgment of the court shall also be that the obstruction be removed.

Rlstor:r.-§68, Feb. 10, 1832; RS 2700; OS 3662; §1, ch. 6884, 1915; RGS 5604; CGL 7791 ; §1099, ch. 71-136. cf .-~339.31 Obstructing highways.

861.02 Obstructing water course.-Whoever erects or fixes on any navigable water course any dam, bridge, hedge, seine, drag, or other obstruction, whereby the navigation of boats drawing three feet of water, or the passage of fish may be obstructed, shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.083.

Rlstory.-§72, Feb. 10, 1832; RS 2701; OS 3665; ROS 5608; CGL 7797; § l!OO, ch. 71-136. cf.-§822.16, Channel marks, destruction.

861.021 Obstructing channels; misdemean-or.-

(1) It is unlawful for any person to place any crawfish, crab, or fish trap or set net or other similar device with a buoy or marker attached so that said buoy or marker obstructs the navigation of boats in channels of the waters of the state which are marked by, and which markers are continuously maintained by, the Coast Guard of the United States.

(2) Any person willfully violating the provision of this section is guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§! , ch . 69-64; § l!Ol , ch. 71-136.

861.03 Injuries to dams.-Whoever willfully, maliciously and unlawfully injures, removes or destroys any dam, lawfully placed in or on any stream in this state for the purpose of propelling any kind of machinery, or willfully and maliciously makes any aperture or breach in such dam with intent to destroy or injure the same, shall be guilty of a felony of the second degree, punishable as provided in §775.082, §775.083, or §775.084.

History.-§!, ch . 4752, 1899; GS 3666; RGS 5609; CG L 7798; §!102, ch. 71 -136.

861.04 Placing water hyacinths in any of

861.08

861.09

861.11

861.12

Obstructing county and settlement roads.

Certain vehicles prohibited from using hard-surfaced roads.

Penalty for cutting or destroying shade trees along public roads.

Penalty for road official or overseer neglecting duty.

the streams or waters of the state.-Whoever willfully places or causes to be placed any water hyacinths in any of the territorial waters of the state whether navigable or non-navigable shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

Rlstory.-§1, ch. 4752, 1899; §1, ch. 5196, 1903; OS 3667; ROS 5610; CGL 7799; §1, ch . 28046, 1953; §1103, ch. 71-136.

861.05 Obstruction to navigation by bridges. -Any railway company, other corporation, or person, which has heretofore constructed, and which shall hereafter construct, any bridge or other causeway across any of the navigable waters of the state, are required to build and maintain a suitable draw or other proper and necessary appliances, so as to be able to remove such obstruction, or to turn a sufficient section thereof as to allow boats or other watercraft to pass such bridge or other causeway, without delay or hindrance, and any such company, corporation, or person failing to comply with such requirements, shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.083.

Ristciry.-§§1, 2, ch. 3931, 1889; RS 2702; OS 3668; ROS 5611; CGL 7800; §1104, ch. 71·136.

861.06 Obstructing harbors, etc.-The master, or other person in charge of any steamer, vessel, barge or lighter, or any other person who violates the provisions of law relative to the protection of harbors, shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

Hlstory.-§4, ch. 3142, 1879; RS 2703; OS 3669; ROB 5612; COL 7801 ; ~11 05, ch . 71 -136.

861.07 Obstructing wagon roads. - Whenever any tie cutter or log cutter cutting ties for a railroad or logs for milling purposes, shall cut or fell any tree into or across any traveled road, whether it be a county road or a road regularly used by the public or a neighborhood road, and shall fail to remove the same within two hours thereafter so as to free the road from all obstruction therefrom, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083; and such person and his employer shall be liable or responsible for any and all damages resulting from so obstructing a traveled road.

History.-§! , ch . 4780, 1899; GS 3673; RGS 56 16; CG L 7805; §11 06, ch . 71-136.

2121

Ch. 861 OFFENSES CONCERNING PUBLIC ROADS AND NAVIGABLE WATERS Ch. 861

861.08 Obstructing county and settlement roads.-

(1) Whoever shall fell, drag or by any means place a tree, or other obstruction, in or across any county settlement or neighborhood road regularly used, or whoever causes such obstruction to be placed therein, shall remove the same from such road within six hours thereafter.

(2) Any person violating the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083; provided, that this law shall not apply to pasture fences, gates, nor the improvement of private property.

liistory.-§§1, 2, eh. 5238, 1903 ; OS 3876; §1, eh. 6538, 1013; RGS 5619: CGL 7808; § 1107, ch. 71- 136.

861.09 Certain vehicles prohibited from using hard-surfaced roads.-

(1) It is unlawful for any person to drive, propel, or operate, or to have driven, propelled or operated, over the hard-surfaced public roads or parts of roads of this state any vehicle or implement having wheels that will carry more than two hundred pounds per wheel for every vehicle having tires of one inch in width, or five hundred pounds per wheel for every vehicle having tires of two inches in width, or eight hundred pounds per wheel for every vehicle having tires of three inches in width, or twelve hundred pounds per wheel for every vehicle having tires of four inches in width, or fifteen hundred pounds per wheel for every vehicle having tires five inches in width, or that will carry any load greater than six thousand pounds without first providing one inch of tire width per wheel for each additional two thousand pounds, or fraction thereof, or to permit any vehicle or implement or any load or portion of load thereof to drag upon the surface of any hardsurfaced public road or parts of roads; provided, that nothing in this section shall be construed as prohibiting the use of roughened surfaces on rubber tires or on the wheels of

farm implements weighing less than one thousand pounds.

(2) Hard-surfaced public roads or parts of roads as used in this section shall be construed to be brick, concrete, asphaltic, ·sand-clay, sand or bituminous surfaced roads which are maintained by county or state funds.


History.-§ §1-3, eh. 7329, 1917; §11, 2, eh. 7898, 1010; ROB 5617, 56 18: CGL 7806, 7807; §1108, ch . 71- 136. ei.-§ 1.01 (3), "Person" defined.

861.11 Penalty for cutting or destroying shade trees along public roads.-

(1) The county commissioners of each ~ounty. may prescribe that the public roads m their county shall not be less than thirty feet wide, and it shall be unlawful for any person to belt, cut or destroy any shade trees on an~ public road or right-of-way without authonty from the superintendent of public :oads •. sup~rvisor or overseer of the district m which said trees are situated.

. (2). Each superv_isor or overseer of each dist~Ict m su~h counties shall enforce the provisiOns of this section by reporting the offenders to the nearest justic~ of the peace, and each offender shall be gUilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.- §§1·3, ch. 5005, 1901· GS 3677· RGS 5620· CGL 7809· §1110 ch . 71-1 36. ' ' ' ' cf.-fl36.02 Width of county roads.

f336.M Superintendent of county roads, etc. §339.25 Trees and shrubbery; removal or damage; penalty.

861.12 Penalty for road official or overseer neglecting duty.-Any superintendent of public roads, supervisor or overseer who willfully neglects to perform the duties prescribed in §861.11 shall be deemed guilty of, and made a party to the offense and proceeded against as the original offender by any person.

Biotory.-§4, ch. 5005, 1901; OS 3878; ROB &1121; CGL 7810. cf.-§336.0. Superintendent of county roads, etc.

2122

Ch. 862 OFFENSES CONCERNING SEAMEN Ch. 862

CHAPTER 862

OFFENSES CONCERNING SEAMEN

862.01 Shippers of sailors and keepers of sailor boarding houses, boarding vessels without master's permission.

862.01 Shippers of sailors and keepers of sailor boarding houses, boarding vessels without master's permission.-

(!) No one engaged in the business of shipping sailors, nor any keeper of any sailor boardinghouse, nor any one in the employ of the keeper of a sailor boardinghouse, or acting in any manner in behalf of the keeper of a sailor boardinghouse, shall go on board any vessel, in any port or harbor in this state, without first having obtained from the master of such vessel permission to go on board of his vessel.

(2) If any one engaged in the business of shipping sailors, or the keeper of any sailor boardinghouse, or any one in the employ of or acting in behalf of the keeper of a sailor boardinghouse, shall go aboard any vessel outside the jurisdiction of this state, he shall not remain on board of such vessel after she has entered any port or harbor of this state without first having obtained the express consent of the master of such vessel. Whoever willfully VIOlates the provisions of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

Rlstory.-§U. 2, ch. 3288, 1881, RS 2751; OS 3746; ROB 5771: CGL 8001; §1112, ch . 71-136. cf.-Ch. 307, Stevedores.

Ch. 310, Pilot commissioners and pilots. §313.06, Obstructing or resisting harbor masters.

862.02 Enticing seamen from their vessels. 862.03 Landing sick seamen or paupers in the

seaports of the state.

862.02 Enticing seamen from their vessels. -It is unlawful for any person to entice any seaman or sailor from the vessel on which he is engaged, previous to the expiration of his term of service on said vessel. Any person so enticing said seamen or sailors shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§! , ch . 4372, 1895; GS 3747; RGS 5772; CGL 8002; §1113, ch . 71-136.

862.03 Landing sick seamen or paupers in the seaports of the state.-If any master or commander of any ship or vessel shall discharge or cause to be put ashore any sick or disabled sailor belonging to his ship or vessel, not entitled to his discharge, by the contract between them, or any servant, without taking due care of his maintenance and cure, or who shall land from any such ship or vessel any pauper or vagrant, without the means of procuring his maintenance for the space of one month in any port of the state, he shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§!, ch . 4593, 1897; GS 3748; RGS 5773; CG L 8003; §1114, ch. 71-136.

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Ch. 865 VIOLATIONS OF CERTAIN COMMERCIAL RESTRICTIONS Ch. 865

CHAPTER 865

865.02

865.04 865.05

VIOLATIONS OF CERTAIN COMMERCIAL RESTRICTIONS

Falsely shipping oranges as Florida 865.062 Exemptions from §865.06. oranges. 865.07 Adulterated syrup.

False packing of provisions. 865.08 Purchase of cotton or leaf tobacco. Selling trees, plants or vines under 865.09 Fictitious name statute; definitions;

false name. etc. 865.06 Preservation of wild trees, shrubs and 865.10 Linen suppliers.

plants; penalty.

865.02 Falsely shipping oranges as Florida oranges.-Whoever ships foreign-grown fruit or oranges, representing by mark or otherwise that said fruit is the product of the state, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

Bistory.-§2, ch. 3454, 1883; RS 2708; GS 3699; RGS 5647; CGL 7851; § tll5, ch. 71-136.

865.04 False packing of provisions.-Whoever fraudulently puts into any barrel, bale of cotton, cask or other package of sugar, rice or pork, or any other article of provisions, any dirt, rubbish or other thing, shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.083.

Bistory.-§54, Feb. 10, 1832; RS 2710; GS 3703; RGS 5655; CGL 7856; § 1116, ch. 7J.l36.

865.05 Selling trees, plants or vines under false name.-All trees, plants, seeds and vines sold, offered for sale or exposed for sale in this state shall be properly named as to variety and kind, and any person knowingly selling, trading, exchanging or offering or exposing for sale any trees, seeds, plants or vines falsely named as to variety and kind, with the purpose to deceive or defraud the purchaser, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.083.

History.- §!, ch. 5233, 1903; GS 3704; RGS 5656; CG L 7857; §Ill7, ch . 71-126.

865.06 Preservation of wild trees, shrubs and plants; penalty.-

(1) It is unlawful for any person to: (a) Willfully pick, pull up, tear up, di~ up,

cut, break, injure or destroy trees, shrubs, VInes, flowers, ferns and mosses which are hereinafter named in paragraph (b) growing upon the land of another, or upon the land reserved, set aside or maintained by the state as a public park, or as a game preserve, or sanctuary for trees, plants, wild animals, birds or fish, without having previously obtained permission from the owner or person lawfully occupying such land or his representative or the superintendent or custodian of such park, refuge or sanctuary.

(b) Transport, carry or convey on any public highway, or sell or offer for sale in any place the following plants:

1. Bromeliads-a!I species of the bromeliad family, sometimes known as air plants, or wild pines, native to the state except Tillandsia usneoides, the Spanish moss, which is specifically excluded from this law.

2. Orchids-all species of the orchid fam-

ily, both epiphytic and terrestrial, native to the state.

3. Ferns-all species of the fern families, native to the state, except the following: All Acrostichum (leather swamp fern), B!eehnum (swamp fern), N ephrolepsis (Boston fern), Osmunda (cinnamon and royal fern), and Polypodi urn; Dryopteris normal is; Dryopteris thelypteris (marsh fern) and Pteris cretica (small brachen fern) which are specifically excluded from this law.

4. Palms-all species of the palm family native to the state, except the Saba! palmetto (cabbage palm) which is specifically excluded from this law.

5. Peperomia-all species native to the state;

6. Sarracenia-all species native to the state (pitcher plants);

7. Zamia-all species native to the state (coontie);

8. Cercis canadensis (redbud) ; 9. Epigaea repens (trailing arbutus);

10. Erythrina arborea (Cherokee or coral bean);

11. Eugenia confusa and E. simpsonii (redberry and Simpson eugenia) ;

12. Gelsemium sempervirens (yellow jasmine);

13. Gordonia lasianthus (loblolly-bay); 14. Guaiacum sanctum (roughbark lignum

vitae) ; 15. Guilandina crista (nicker bean); 16. Ilex cassine, I. myrtifolia and I. opaca

(dahoon, myrtle-leaved and American holly); 17. Kalmia latifolia (mountain laurel); 18. Jacquinia keyensis (joewood); 19. Lobelia cardinalis (cardinal flower); 20. Nemastylis floridana (celestial lily); 21. Rhododendron .R.Ustrinum and R. canes

cens (wild azaleas) ; 22. Pinckneya pubens (fevertree) ; 23. Salpingostylis coelestina (Bartram's

ixia) ; 24. Sophora tomentosa (necklace-pod) ; 25. Taxus floridana (Florida yew); 26. Tetrazygia bicolor (tetrazygia) ; 27. Torreya taxifolia (Florida torreya); 28. Tournefortia gnaphalodes (sea la

vender); 29. Vierna baldwinii (dwarf clematis); 30. Cornus Florida and cornus alternifolia

(dogwood); which have been gathered, picked, pulled up, torn up, dug up, cut or broken in violation of this law.

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(c) A review and possible revision of this list shall be made at ten year intervals by a committee from the Florida federation of garden clubs, inc., and the Florida nurserymen and growers association, inc., to keep it up to date as changing conditions within the state decree.

(2) (a) In any prosecution under this section it shall be a defense that plants, or the flowers , roots, bulbs or other parts thereof transported, carried or conveyed or sold or offered for sale by the party were grown under cultivation, or were taken from his own land or land under lease by him or were taken from the land of another with written permission by the other or his representative or were legally imported from another country.

(b) Licensed, certified nurserymen who grow any of the native plants listed in subsection (1) (b) from seeds or by vegetative propagation are specifically permitted to sell these commercially grown plants and shall not be in violation of this section of the law if they do so, as it is the intent of the law to preserve and encourage the growth of these native plants which are rapidly disappearing from the state.

(3) Any person who willfully does any act made unlawful under this section is guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

(a) Nothing in this section applies to public utility company duties or to authorized personnel of colleges and scientific institutions collecting for educational and scientific research purposes, or to persons engaged in the collection of limited amounts of seeds for propagation purposes.

(b) All prosecutions under this section shall be commenced within 6 months from the time such offense was committed and not afterwards.

( 4) Plant inspectors of the department of agriculture and consumer services shall, as part of their regular inspection of nurseries and roadside stands, be on the alert for any of the above native plants appearing suddenly in a given nursery in a mature stage or a stage showing several years of growth and are empowered to request proof of where and how the plants were obtained.

History.-§! , ch. 10127, 1925; §§1,· 2, ch . 12453, 1927; CGL 7858, 7859; §1, ch . 15061, 1931; §1, ch. 65·426; §§14, 35, ch. 69·106; §111 8, ch. 71 -136. c!.-§1.01(3), "Person" defined.

865.062 Exemptions from §865.06.- The Seminole Indians of Florida shall be exempt from the prohibitions and penalties of §865.06.

History.-§ 1, ch. 61-531.

865.07 Adulterated syrup.-(1) Any person, or agent thereof, who shall

sell, offer for sale, or advertise for sale in this state any adultera ted or mixed syrups whatever, except at the time of such sale or offer for sale the percentage of such adulteration or mixture, and the name and post-office address of the manufacturer, is clearly stamped or labeled on the barrel, can, case, bottle or other receptacle containing such syrup or mixture, shall be guilty of a misdemeanor of the second

degree, punishable as provided in §775.082 or §775.083.

(2) The term "adulterated mixture" or "admixture," as used herein is understood to apply to all mixtures of two or more ingredients differing in their nature and quality, such as sugar cane syrup, sorghum syrup, maple syrup, molasses or glucose.

Blstory.-§§1, 2, 3, ch. 5231, 1903; GS 3706; RGS 5657; CGL 7860; §1119, ch. 71-136. c!.--<::h. 500, Food~. drugs and cosmetics.

865.08 Purchase of cotton or leaf tobacco. -Whoever trades, traffics for or buys, except from the producer or his authorized agent, any cotton or leaf tobacco, unless the same be baled or boxed in the usual manner, or unless upon some exhibition of evidence in writing that the producer has parted with his interest therein, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

Blstory.-§11, ch. 1466, 1866; RS 2711; GS 3707; RGS 5658; CGL 786 1; §1120, ch. 71-1 36.

865.09 Fictitious name statute; definitions; etc.-

(1) This section shall be known as the "Fictitious Name Statute."

(2) (a) "Persons" shall include every individual, whether natural or artificial, firm or group or combination of individuals or partnerships, whether natural or representative.

(b) "Fictitious names" shall include any trade name, whether a single name or a group of names, other than the proper name or known called names of those persons engaged in such business or professions.

(c) "Business" shall include all enterprises or adventures wherein persons either sell, buy, exchange, barter or deal, or any of these things, or represent the dealing in anything or article of value, or rendering services for compensation.

(3) It shall be unlawful for any person or persons, as defined herein, to engage in business as herein defined under a fictitious name as herein defined unless said fictitious name shall be registered with the clerk of the circuit court of the county where the principal place of business is, which registration shall consist of recording with the clerk an affidavit signed by all interested persons, stating under oath the names of all those interested in the business enterprise, the extent of the interest of each, and the fictitious name under which said business is carried on. Said registration may not be made until the person or persons desiring to er.gage in business under a fictitious name shall have advertised his or their intention to register said fictitious name at least once a week for four consecutive weeks in some newspaper as defined by law in the county where said registration is to be made, and said registration shall not be accepted by the clerk of the circuit court except upon receiving proof of

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such publication, which shall be recorded with the affidavit of those declaring an interest in the business enterprise.

( 4) The clerk of the circuit court shall receive a service charge as provided in §28.24 for receiving and recording said registration, to be paid by the person or persons engaged in doing business under a fictitious name, as herein defined.

(5) The penalty for failure to comply with this law shall be that neither the business nor the members nor those interested in doing such business may defend or maintain suit in any court of this state, either as plaintiff or defendant, until this law is complied with, and further that any person violating this law may have information filed against him by anyone aggrieved or believed to be aggrieved, before the proper court and charged with a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

Blalory.-t!l-5, ch. 20953, 1841 ; 11. ch. 26760, 1851; 11. ch. 67-209; §35, ch. 70-134; §1121, ch. 71-1 36. cf.-128.24 Service charges by clerk of circuit coun.

865.10 Linen suppliers.-(!) REGISTRATION OF NAME.-A per

son engaged in the business of supplying or furnishing for hire or compensation on a rental or lease basis clean laundered bed linen or table linen, garments, aprons, or towels who uses his name and the word "registered" on such articles or supplies may register such articles or supplies by filing in the office of the clerk of the circuit court of the county where

his principal place of business is situated, and also with the department of state, a description of the name so used by him, and paying a fee of twenty-five dollars to each office for each filing, and shall publish such description once in each of three successive weeks in a newspaper of general circulation in the county where the description has been filed.

(2) UNAUTHORIZED USE OR DISPOSITION OF REGISTERED LINENS, ETC.-No person shall without the written consent of the owner willfully take, detain, use, sell, traffic in or otherwise dispose of, or use for any purpose other than that for which such article was intended, any registered bed linen or table linen, garment, apron or towel; provided, however, that the use of such article or articles at the place where the same are placed or delivered by the owner or owners under an agreement, lease, or license from such owner, shall not be unlawful; and provided, further, that nothing herein contained shall make it unlawful for any caterer, hotel, restaurant, cafe or other public hostelry to permit and allow the use of such bed linen or table linen, garment, apron or towel by any guest, boarder or regularly hired employee thereof, during the period of any lease, renting or hiring agreement of said supplies with the owner thereof.

(3) PENALTY.-Anyone found guilty of violation of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

History.- §§!, 2, ch. 67- 196; §§10, 35, ch. 69-106; §ll22, ch. 71-136.

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Ch. 867 EXHIBITIONS OF DEFORMED PERSONS OR ANIMALS Ch. 867

CHAPTER 867

EXHIBITIONS OF DEFORMED PERSONS OR ANIMALS

867.01 Exhibition of deformed persons prohibited; penalty.

867.01 Exhibition of deformed persons prohibited; penalty.-Whoever shall exhibit for pay or compensation any crippled or physically distorted, malformed or disfigured man, woman or child in any circus, show or similar place or in any other place to which an admission fee is charged, and whoever knowingly advertises or knowingly causes to be advertised any such exhibition, and whoever solicits or procures the attendance of others at any such exhibition with knowledge of the nature thereof, shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775. 083.

Hi story. - §!, ch . 8524, 1921; CGL 7673; ~1123, ch . 71-136.

867.02 Exhibition of deformed animals prohibited; penalty.

867.02 Exhibition of deformed animals prohibited: penalty.-Whoever shall exhibit for pay or compensation any crippled or physically distorted, malformed or disfigured beast, bird or animal in any circus, show or similar place, or any other place to which an admission fee is charged, and whoever knowingly advertises or knowingly causes to be advertised any such exhibition, and whoever solicits or procures the attendance of others at such exhibition with knowledge of the nature thereof, shall be guilty of a misdemeanor of the second degree, punishable a s provided in §775.082 or §775.083.

Hi story.- §2, ch. 8524, 1921; CGL 7674; §1124, ch. 71 -136.

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Ch. 870 AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES Ch. 870

CHAPTER 870

AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES

870.01 870.02 870.03 870.04

Affrays and riots. Unlawful assemblies. Riots and routs. Magistrate to disperse riotous assem

bly. 870.041 Preservation of the public peace by

local authority. 870.042 Designation of local authority. 870.043 Declaration of emergency.

870.01 Affrays and riots.-(1) All persons guilty of an affray shall be

guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

(2) All persons guilty of· a riot, or of inciting or encouraging a riot, shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

History .- §35, Feb. 10, 1832; RS 2406; GS 3239; RGS 5072; CG L 7174; §1 , ch . 67-407; § 11 25, ch. 71-1 36.

870.02 Unlawful assemblies.-If three or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-RS 2407; GS 3240; RGS 5073; CGL 7175; §11 26, ch. 71 -136. cf.-§1876.03, 876 .04 , Anarchy, communism, etc ., unlawful as

s embly for purpose of.

870.03 Riots and routs.-If any persons unlawfully assembled demolish, pull down or destroy, or begin to demolish, pull down or destroy, any dwelling house or other building, or any ship or vessel, each of them shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

History.-§7. sub-ch . 7, ch. 1637, 1868; RS 2408; GS 3241; RGS 5074; CGL 7176; ~ll27, ch. 71-136.

870.04 Magistrate to disperse riotous assembly.-If any number of persons, whether armed or not, are unlawfully, riotously or tumultuously assembled in any county, city or municipality, the sheriff or his deputies, or any constable or justice of the peace of the county, or the mayor, or any commissioner, councilman, alderman or police officer of the said city or municipality, or any officer or member of the Florida Highway Patrol, or any officer or agent of the Game and Fresh Water Fish Commission, Department of Natural Resources, or beverage enforcement agent, any personnel or representatives of the Department of Law Enforcement or its successor, or any other peace officer, shall go among the persons so assembled, or as near to them as may be with safety and shall in the name of the state command ail the persons so assembled immediately and peaceably to disperse; and if such persons do not thereupon immediately and peaceably disperse, said officers shall command the assistance of all such persons in seizing, arresting and securing such persons in custody; and if any person

870.044 Automatic emergency measures. 870.045 Discretionary emergency measures. 870.046 Filing and publication. 870.047 Duration and termination of emer-

gency. 870.048 Violations. 870.05 When killing excused. 870.06 Unauthorized military organizations.

present being so commanded to aid and assist in seizing and securing such rioter or persons so unlawfully assembled, or in suppressing such riot or unlawful assembly, refuses or neglects to obey such command, or, when required by such officers to depart from the place, refuses and neglects to do so, he shall be deemed one of the rioters or persons unlawfully assembled, and may be prosecuted and punished accordingly.

History.-§U , 2, sub-ch. 7, ch . 1637, 1868; RS 2409; GS 3242; RGS 5075; CGL 7177; §§1, chs . 61-223 and 61-237; §1, ch. 67-2203; §3, ch. 67-2207; §§20, 25, 35, ch. 69-106.

870.041 Preservation of the public peace by local authority.-In the event of overt acts of violence, or the imminent threat of such violence, within a county or municipality and the governor has not declared a state of emergency to exist, local officers shall be empowered to declare such a state of emergency exists in accordance with the provisions of §§870.041-870.048.

History.-§!, ch. 70-990.

870.042 Designation of local authority.(1) The sheriff of each of the several

counties of this state, or such other county official having the duties of a sheriff in counties operating under home rule charter, by whatever name known, shall be empowered to declare that a state of emergency exists within the unincorporated areas of the county and to exercise the emergency powers conferred in §§870.041-870.047.

(2) The governing body of any municipality within this state may designate by duly adopted ordinance a city official who shall be empowered to declare that a state of emergency exists within the boundaries of the municipality and to exercise the emergency powers conferred in §§870.041-870.047. The designated city official shall be either the mayor or chief of police or the person who performs the duties of a mayor or chief of police in such municipality. In the absence of a duly adopted ordinance so designating the official so to act, the chief of police of such municipality is designated as the city official to assume the duties and powers hereof.

History .-§2, ch . 70-990.

870.043 Declaration of emergency.-Whenever the sheriff or designated city official deter-

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mines that there has been an act of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of public authority and that, on account thereof, there is reason to believe that there exists a clear and present danger of a riot or other general public disorder, widespread disobedience of the law, and substantial injury to persons or to property, all of which constitute an imminent threat to public peace or order and to the general welfare of the jurisdiction affected or a part or parts thereof, he may declare that a state of emergency exists within that jurisdiction or any part or parts thereof.

History.-~3. ch. 70-990 .

870.044 Automatic emergency measures.Whenever the public official declares that a state of emergency exists, pursuant to §870.043, 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

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.

Any such emergency measure so ordered and promulgated shall be in effect during the period of said emergency in the area or areas for which the emergency has been declared.

History.- !§4, 6, ch . 70-990.

870.046 Filing and publication.-Any state of emergency or emergency measure declared or ordered and promulgated by virtue of the terms of §§870.041-870.045 shall, as promptly as practicable, be 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 publi shed by other means such as by posting and loudspeakers.

History.-~ 7 . ch. 70-990.

shop of any ammunition or gun or other 870.047 Duration and termination of emer-firearm of any size or description. gency.-A state of emergency established under

(3) The intentional possession in a public ~§870.041-870.046 shall commence upon the place of a firearm by any person, except a declaration thereof by the public official and duly authorized law enforcement official or shall terminate at the end of a period of person in military service acting in the official seventy-two consecutive hours thereafter un-performance of his duty. less, prior to the end of such seventy-two hour

History.-§\4, 5, ch. 70-990 . period, the public official, the governor, county 870.045 Discretionary emergency measures. commission, or city council shall have termi-

-Whenever the public official declares that a nated such state of emergency. Any extension state of emergency exists, pursuant to §870.- of the seventy-two hour time limit must be 043, he may order and promulgate all or any accomplished by request from the public of the following emergency measures, in whole official and the concurrence of the county com-or in part, with such limitations and conditions mission or city council by duly enacted ordi-as he may deem appropriate: nance or resolution in regular or special

(1) The establishment of curfews, in- session. eluding, but not limited to, the prohibition of History.-!8, ch. 70-990.

or restrictions on pedestrian and vehicular 870.048 Violations.-Any violation of a movement, standing, and parking, except for provision of §§870.041-870.047 or of any emer-the provision of designated essential services gency measure established pursuant thereto such as fire, police, and hospital services, in- shall be a misdemeanor of the first degree, eluding the transportation of patients thereto, punishable as provided in §775.082 or §775.083. utility emergency repairs, and emergency calls History.-§9, ch. 7o.990; §1128, ch . 71.136. by physicians.

(2) The prohibition of the sale or distribu- 870.05 When killing excused.-lf, by reason of the efforts made by any of said officers or

tion of any alcoholic beverage, with or without by their direction to disperse such assembly, the payment or a consideration therefor. or to seize and secure the persons composing

(3) The prohibition of the possession on the same, who have refused to disperse, any any person in a public place of any portable such person or other person present is killed container containing any alcoholic beverage. or wounded, the said officers and all persons

( 4) The closing of places of public assem- acting by their order or under their direction, blage with designated exceptions. shall be held guiltless and fully justified in

(5) The prohibition of the sale or other law; and if any of said officers or any person transfer of possession, with or without con- acting under or by their direction is killed or sideration, of gasoline or any other flammable wounded, all persons so assembled and all or combustible liquid altogether or except by other persons present who when commanded

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refused to aid and assist said officer shall be held answerable therefor.

History.-§6, sub-ch. 7, ch. 1637, 1868 ; RS 2410; OS 3243 ; Jl.OS 5076 ; COL 7178.

870.06 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 each occasion, and application for such license must be approved by the mayor and aldermen of the cities and towns where 8uch organizations may propose to parade. Each person unlawfully engaging in the formation of such military organization, or participating in such drill or parade, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

Hlstory.-§15, ch. 1466, 1866; RS 2411; §10, ch. 5202, 1903; OS 3246: RGS 5077; CGL 7179; §1129. ch . 71·136. cf .- §250 .43, Uniform, etc., not to be worn by persons not 1D

m111tary service.

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Ch. 871 DISTURBING RELIGIOUS AND OTHER ASSEMBLIES Ch. 871

CHAPTER 871

DISTURBING RELIGIOUS AND OTHER ASSEMBLIES

871.01 Disturbing schools and religious and other assemblies.

871.02 Indictments or informations for disturbing assembly.

871.01 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 §775.082 or §775.083.

Hlstory.-§§19, 21, 22, sub-ch. 8, ch. 1637, 1868 ; RS 2627, 2629, 2630; GS 3547; §1, ch . 57 19, 1907; RGS 5448; CG L 7591; §11 30, ch. 71 -136.

871.02 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 this state in their respective circuits may file information against all persons violating §871.01, 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.

Hlstory.-§fi2, 3, ch. 5719, 1907; RGS 5449; CGL 7592. cf.-~923.03, Form of indictment or information .

871.03 Peddling at camp meeting.-Whoever during the time of holding any camp or field meeting for religious purposes, and within one 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 horse racing, or exhibits, or offers to exhibit, shows or plays, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.083; but a person having his usual and regular place of business within such limits is not hereby required to suspend his business.

871.03 Peddling at camp meeting. 871.04 Advertising; religious discrimination;

public places.

Hlstory.-§20, sub-ch. 8, ch. 1637. 1868: RS 2628; GS 3548; RGS 5450: CGL 7593; §1131, ch . 71-136.

871.04 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 guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§§! . 2, ch . 29845, 1955; §1132, ch . 71-136.

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Ch. 872 OFFENSES CONCERNING DEAD BODIES AND GRAVES Ch. 872

CHAPTER 872

OFFENSES CONCERNING DEAD BODIES AND GRAVES

872.01 872.02 872.03

Dealing in dead bodies. Disfiguring tomb. Cremating human bodies; limitation.

872.01 Dealing in dead bodies.-Whoever buys, sells or has in hi~ possession f~r th~ purpose of buying or selhng or traffickmg m the dead body of any human being shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083; 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.

Hlstory.-§26. sub-ch . 8. ch. 1637. 1868; RS 2625: OS 3545; RGS 5446; CGL 7589; §1 , ch. 22057, 1943; §1 , ch. 26724, 1951; §1133, ch. 71-1 36. cf.-§622.13, Laying out highway, etc., over graveyard.

872.02 Disfiguring tomb. - 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 §775.082 or §775.083.

Hlstory.-§27, sub-ch. 8, ch.l637, 1868;~S 2626; OS 3545; RGS 5447; CGL 7590; §1134, ch. 71-136.

872.03 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 forty-eight hours after the death of such human body.

(2) Anyone convicted for the violation of this section shall be guilty of a misdemeanor of

872.04 Autopsies; tion.

consent required, excep-

the second degree, punishable as provided m §775.082 or §775.083.

History.-§§! , 2, ch. 21780, 1943; §1135, ch. 71-136.

872.04 Autopsies; consent required, exception.-

(1) 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 any one of them shall be sufficient to authorize the autopsy. Tissues may be removed in the course of an authorized autopsy for identification, diagnostic, scientific, and therapeutic purposes unless the spouse, nearest relative, or person who has assumed custody of the body for purposes of burial objects to such use of such tissue.

(2) Any such written consent may be given by telegram, and any telegram purporting to have been sent by a person authorized to give such consent will be presumed to have been sent by such person.

(3) If after diligent search and inquiry it is established by the chief Jaw 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 on the remains for purposes of confirming medical diagnosis and suspected communicable diseases, without written consent, 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 forty-eight hours or more than seventy-two hours after death.

HlotorJ .-1 fl-3, ch. 67-87; 11. ch. 70-367. cf.-§406.10 Medical exam iners; autopsy facilities.

§406.11 Exam in ations, in vestigations, and a utopsies.

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Ch. 876 CRIMINAL ANARCHY, COM~UNISM, ETC. Ch. 876

CHAPTER 876

CRIMINAL ANARCHY, COMMUNISM, WEARING MASKS, HOODS, ETC.

876.01

876.02

876.03

876.04

876.05 876.06 876.07

876.08 876.09 876.10 876.11 876.12

876.13 876.14 876.15 876.16

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.

State employees; oath. Discharged for refusal to execute. Persons giving aid, advice, etc., to com-

munist party. Penalty for not discharging. Scope of law. False oath; penalty. Public place defined. Unlawful to wear hood, etc.; on street,

etc. Same; on public property. Same; on property of another. Same; demonstration or meeting. Certain exemptions.

876.01 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.- § ! , ch . 20216, 194 1; ~ 11 36, ch. 71-136. cf.-§ §870.02, 870.04, Unlawful assemblies generally.

876.02 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 over-

876.17 876.18 876.19 876.20

876.21 876.22 876.23 876.24

876.25

876.26

876.27 876.28

876.29

876.30

876.31

Burning or flaming cross; in public. Same; on property of another. Exhibits that intimidate. Wearing mask and placing exhibit to in-

timidate. Penalty. Definitions. Subversive activities unlawful; penalty. Membership in subversive organization;

penalty. Persons convicted under §§876.23,

876.24 not to hold office or vote. Unlawful for subversive organizations

to exist or function. Enforcement of §~876.22-876.31. Grand jury to investigate violations of

~§ 876.22-876.31. Subversive person prohibited from

holding office or employment. Subversive person not to be candidate

for election. Short title; §§876.22-876.30.

thrown 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) Becomes a member of, associated with or promotes the interest of any criminal anarchistic, communistic, nazi-istic 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 nazi ism or criminal fascism;

Shall be guilty of a felony of the second degree, punishable as provided in §775.082, §775.083, or §775.084. History .- ~2. ch . 20216, 1941; §1 137, ch. 71-136.

876.03 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 §876.01 of this law, such an assembly or organization is unlawful, and every person voluntarily participating therein by his presence,

2133

Ch. 876 CRIMINAL ANARCHY, COMMUNISM, ETC. Ch. 876

aid or instigation shall be guilty of a felony of the second degree, punishable as provided in §775.082, §775.083, or §775.084.

History. - §3, ch. 20216, 194 1; §1138, ch . 71-136.

876.04 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 §R76.03, 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 §775.082 or §775.083. - History.- §4, ch. 20216, 194 1; §1139, ch . 71-136.

876.05 State employees; oa-th.-*(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 hereby 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; that I am not a member of the Communist Party; that I have not and will not lend my aid, support, advice, counsel or influence to the Communist Party; that I do not believe in the overthrow of the Government of the United States or of the State of Florida by force or violence; that I am not a member of any organization or party which believes in or teaches, directly or indirectly, the overthrow of the Government of the United States or of Florida by force or violence.

(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. '

Blstory.-§1, ch . 25046, 1949. 'Note.-See Cramp v. Board of Public Instruction of Orange

County, 137 So. 2d 828 (1962). cf .-~90.01, Oaths, requirements.

876.06 Discharged for refusal to execute.If any person required by §§876.05-876.10 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.

Blstory.-§2, ch. 25046, 1949.

876.07 Persons giving aid, advice, etc., tc. communist party.-Any person having taken the oath provided for in §876.05 and who thereafter should become a member of the communist party or who lends aid, sup-port, advice, counsel or influence to the communist party or who expresses any belief in or advocates the overthrow of the government of the United States or of the state by violence or force or thereafter becomes a member of an organization or party which beHaves in or teaches directly or indirectly the overthrow of the government of the United States or of the state by force or violence, shall immediately be discharged from his employment by the employing authority and his name shall be removed from the payroll , and thereafter such person shall not be permitted to receive any payment as an employee or an officer where he or she then was serving. 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.

History.-§3, ch. 25046, 1949.

876.08 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 §§876.05-876.10, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§4, ch . 25046, 1949; §1140, ch . 71-136.

876.09 Scope of law.-(1) The provisions of §§876.05-876.10 shall

apply to all employees and elected officers of the state, including the Governor and constitutional officers and all employees and elected officers ~f .al_l citi~s, to~ns, counties and political subdiVISIOns, mcludmg the educational system.

(2) This act shall take precedence over all laws relating to merit, and of civil service law.

Hlstory.-§15, 7, ch. 25046, 1949.

876.10 False oath; penalty.-If any person required by the provisions of §§876.05-876.10 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.

History.-§6, ch . 25046, 1949; §1141, ch . 71-136. cf.-Ch. 837 Perjury.

876.11 Public place defined.-For the purpose of §§876.11-876.21 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; all grounds and buildings owned, leased by, operated or maintained by public authority.

Hlstory.-§1, ch. 26542, 1951.

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876.12 Unlawful to wear hood, etc.; on street, etc.-No person or persons over sixteen 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, walk, alley, street, road, highway or other public way in this state.

Blator:r.-12, ch. 265,2, 1951.

876.13 Same; on public property.-No per· son or persons shall in this state, while wear· ing any mask, hood or device whereby any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wear· er, enter upon, or be, or appear upon or within the public property of any municipality or county of the state.

Hlator:r.-13. ch. 265,2, te51.

876.14 Same; on property of another.-No person or persons over sixteen 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.

Hlator:r.-1,, ch. 26M2, 1851.

876.15 Same; demonstration or meeting.No person or persons over sixteen years of age, shall, while wearing a mask, hood, or de· vice 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.

Blator:r.-15, ch. 26M2, le51.

876.16 Certain exemptions.-The following are exempted from the provisions of §§876.11-876.15:

(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 presc;ibed in civil defense drills and exercises, or emergencies.

Hlalor:r.-16, ch. 265,2, 1851.

876.17 Burning or flaming cross; in public. -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.

Hlstor:r.-17, ch. 26542, 1951.

876.18 Same; 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.

Hlslor:r.-§8, ch. 265U, 1951.

876.19 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.

Hlstor:r.-19, ch. 265,2, 1851.

876.20 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.

Hlator:r.-110, ch. 26542, 1851.

876.21 Penalty.-Any person or persons violating §§876.11-876.20 shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§11 , ch . 26542, 1951; §1142, ch. 71-136.

876.22 Definitions. - As used in §§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, 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, 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

2135


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 O!' 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, 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.

Hlstory.-§1, ch . 28221, 1953.

876.23 Subversive activities unlawful; penalty.-

(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, 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 secretes any funds in this State of a subversive organization or 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 §775.082, §775.083, or §775.084.

History.- §2, ch . 28221, 1953; §1143, ch . 71-136.

876.24 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 sub-

versive organization. Any person convicted of violating this section shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084. History .-~3. ch . 2822 1, 1953; ~ 11 44, ch. 71·136.

876.25 Persons convicted under §§876.23, 876.24 not to hold office or vote.-Any person convicted by a court of competent jqrisdiction of violating any of the provisions of §§876.23, 876.24, 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. Hlstory.-§4, ch. 28221, 1953.

876.26 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.

Hlstory.- §5, ch. 28221, 1953.

876.27 Enforcement of §§876.22-876.31. -The department of legal affairs, all prosecuting 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 §§876.22-876.31.

History.-§6, ch. 28221, 1953; §§10, .)1, 35, ch. 69-106.

876.28 Grand jury to~r~vestigate violations of §§876.22-87-6.31.__: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 §876.27 to be considered by the grand jury, shall charge the grand jury to inquire into violations of §§876.22-876.31 for the purpose of proper action, and further to inquire generally into the purposes, processes and activities and any other matters affecting communism or any related or other subversive organizations, associations, groups or persons.

Hlstory.-§7, ch. 28221, 1953; §§11, 35, ch. 69-106.

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876.29 Subversive person prohibited from holding office or employment.-No subversive person, as defined in §876.22, 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.

Hlstory.- §8, ch. 28221, 1953.

876.30 Subversive person not to be candi-

date for election.-N o 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 §876.22.

Hlstory.-§9 , ch . 28221, 1953.

876.31 Short title; § § 876.22-876.30.- Sections 876.22-876.30 may be cited as the subversive activities law.

Hlstory.-§10, ch. 28221, 1953.

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Ch. 877 MISCELLANEOUS CRIMES Ch. 877

CHAPTER 877

MISCELLANEOUS CRIMES

877.01 Instigation of litigation; penalty. 877.02 Solicitation of legal services or retain

ers therefor; penalty. 877.03 Breach of the peace; disorderly con

duct. 877.04 Tattooing prohibited; penalty. 877.05 Killing young veal for sale; penalty;

exception. 877.06 Labeling of beef not slaughtered ac

cording to state or United States standards; enforcement; penalty.

877.061 Marketing establishments; maintenance of scales.

877.07 Ambulances, required first aid equipment and training of operators and employees; penalty.

877.01 Instigation of litigation; penalty.(!) Whoever gives, promises, offers or con

spires to give, promise or offer, to anyone any bribe, money, goods, presents, reward or any valuable thing whatsoever with the intent and purpose of stirring up strife and litigation; or with intent and purpose of assisting, seeking out, influencing, or advising the accused, sick, injured, uninformed, or others to bring suit or seek professional legal services or advice, shall be guilty of a misdemeanor of the first degree , punishable as provided in §775.082 or §775.083.

(2) Whoever, in any way, solicits, receives or accepts or agrees to receive or accept, or who conspires to receive or accept, any bribe, money, goods, presents, reward or any valuable thing whatsoever, or any promise, contract or agreement whatsoever, with the intent and purpose of stirring up strife and litigation; or with the intent or purpose of seeking out, influencing, assisting or advising the accused, sick, injured, uninformed or others to bring suit, or seek professional legal services, counsel or advice, shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

(3) Any person violating the provisions of this section shall not be privileged from testifying, but if he does testify in response to a subpoena issued by the state attorney, prosecuting attorney, or court having jurisdiction of such offense, nothing said by him in his testimony shall be admissible in any civil or criminal action against him, nor shall he be subjected to any penalty or forfeiture for or on account of any such testimony or evidence so given or produced.

(4) Nothing herein shall apply to the division of legal fees by and between attorneys at law.

(5) This section shall be taken to be cumulative and shall not be construed to amend or repeal any other valid law, code, ordinance, rule, or penalty now in effect.

History.- §§1 ·5, ch . 59- 38 1; §11 45, ch. 71-136.

877.08 Coin-operated vending machines and parking meters; prohibited acts, penalties.

877.09 Tampering with or damaging sewer systems.

877.10 Real property; dual contracts prohibited.

877.11 Inhalation or possession of harmful chemical substances; penalties.

877.12 Building standards for transparent and obscure glass.

877.13 Educational institutions, unlawful interruption or interference prohibited.

877.14 Merchandizing of dogs; required records; penalty for violation.

877.02 Solicitation of legal services or retainers therefor; penalty.-

(1) It shall be unlawful for any person or his agent, employee or any person acting on his behalf, to solicit or procure through solicitation either directly or indirectly legal business, or to solicit or procure through solicitation a retainer, written or oral, or any agreement authorizing an attorney to perform or render legal service, or to make it a business to solicit or procure such business, retainers or agreements; provided, however, that nothing herein shall prohibit or be applicable to banks, trust companies, lawyer reference services, legal aid associations, lay collection agencies, railroad companies, insurance companies and agencies, and real estate companies and agencies, in the conduct of their lawful -businesses, and in connection therewith and incidental thereto forwarding legal matters to attorneys at law when such forwarding is authorized by the customers or clients of said businesses and is done pursuant to the canons of legal ethics as pronounced by the supreme court of Florida.

(2) It shall be unlawful for any person in the employ of or in any capacity attached to any hospital, sanitarium, police department, wrecker service or garage, prison or court, or for a person authorized to furnish bail bonds, investigators, photographers, insurance or public adjusters, to communicate directly or indirectly with any attorney or person acting on said attorney's behalf for the purpose of aiding, assisting or abetting such attorney in the solicitation of legal business or the procurement through solicitation of a retainer, written or oral, or any agreement authorizing the attorney to perform or render legal services.

(3) Any person violating any provision of this section shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

(4) This section shall be taken to be cumulative and shall not be construed to amend or repeal any other valid law, code, ordinance, rule, or penalty now in effect.

History.- §§ 1-4, ch . 59-391; §1146, ch . 71-136.

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877.03 Breach of the peace; disorderly conduct.-Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons whQ may witness them, or engages in brawling or fighting, or engages in such conduct as to constitute a breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§!, ch . 59-325; §1147, ch . 71-136.

877.04 Tattooing prohibited; penalty.-(1) It is unlawful for any person to tattoo

the body of any human being; except that tattooing may be performed by a person licensed to practice medicine or dentistry under chapters 458 and 459 or chapter 466, or by a person under his direction.

(2) Any person who violates the provisions of the second degree, punishable as provided in §775.082 or §775.083.

History.- §§!, 2, ch. 5!>-439; §1 , ch . 69-118; §1148, ch . 71 -136.

877.05 Killing young veal for sale; penalty; exception.-Whoever kills or causes to be killed for the purpose of sale, any calf less than four weeks old, and knowingly sells, or has in his possession with intent to sell, the meat of any calf killed when less than four weeks old~ shall be guilty of a misdemeanor of the second aegree, punishable as provided in §775.083. This section shall not apply to calves slaughtered on the premises of meat packing or slaughtering establishments operating under state or federal meat inspection supervision.

History.-§2, sub-ch. 9, ch . 1637, 1868; RS 2661; GS 3590; RGS 5519; CGL 7684; §1, ch. 59- 150; §1149, ch . 71- 136.

Note.-See former f585.42.

877.06 Labeling of beef not slaughtered according to state or United States standards; enforcement; penalty.-

( I) Every person, firm or corporation operating a restaurant or any other eating place, or retail or wholesale market or packing house, in this state, and who sells beef that has not been slaughtered and inspected according to standards established by either the government of Florida or of the United States, shall mark, stamp, or describe the same by the following words, "slaughtered in" followed by the name of the state or country and the words "has not been slaughtered and inspected according to federal or state standards."

(2) (a) Packinghouses and wholesale and retail meat markets before sale of beef which is within the purview of subsection (1) shall plainly stamp on each carcass, each carton, each can and each container, the words prescribed in subsection (1) and all advertising as to the sale of such beef shall include such words; provided, however, that a conspicuous sign containing the words prescribed in subsection (1) visibly displayed near the display of such beef in retail markets may be used when the stamping of individual cuts of beef is impractical.

(b) It shall be the duty of the department

of agriculture and consumer services through its agents or inspectors to enforce the provisions of this subsection.

(3) (a) Restaurants or other eating places advertising their meals or food, by menus or otherwise, shall set out plainly in such menus, advertisements or otherwise as to beef coming within the purview of the law the words prescribed in subsection (1).

(b) It shall be the duty of the division of hotels and restaurants of the department of business regulation through its agents or inspectors to enforce the provisions of this subsection.

( 4) Any person willfully and knowingly violating any of the provisions of this section or any person who fails to comply with any of the requirements hereof shall be guilty or a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083, and each day during which such a violation shall continue, shall be deemed a separate violation and a separate offense.

(5) Nothing herein shall be construed to prohibit the use of additional words in describing the grade, quality or kind of such beef.

History.-§§1·5, ch. 65-29; §§14, 16, 35, ch. 69-106; §1150, ch . 71-136.

877.061 Marketing establishments; maintenance of scales.-

(1) Any milk plant, meat-processing plant or any other marketing establishment which purchases dairy and agricultural products directly from the producer, his agent or employee on the basis of the weight of the product shall maintain scales in a location in the plant or other marketing establishment where the seller-producer and purchaser or their agent shall have the right and opportunity to attest to the weight thereof.

(2) The department of agriculture and consumer services shall designate agents to inspect such scales as often as it deems practical and necessary.

(3) Any person who willfully and knowingly violates the provision of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.- §! , ch . 67-119; §§14, 35, ch. 69-106; §1151, ch . 71-136.

877.07 Ambulances, required first aid equipment and training of operators and employees; penalty.-

(!) For the purposes of this act the term "ambulance" shall mean any privately or publicly owned motor vehicle that is specially designed, constructed, equipped and is operated and maintained or is intended to be maintained and operated for the transportation of wounded, injured or sick persons other than the employees of the owner thereof.

(2) It shall be unlawful for the owner of ·an ambulance registered in this state to authorize its operation in the state unless it is adequately equipped for dressing wounds, splinting fractures, administering oxygen and controlling hemorrhage to the extent covered in

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the prescribed course as outlined in subsection (3).

(3) It shall be unlawful for any person to operate an ambulance in this state unless the driver or the attendant has successfully completed a course in first aid given by the American red cross, the United States bureau of mines or an equivalent thereof which is approved by the division of health.

(4 ) The division of health of the department of health and rehabilitative services and the county board of health of each of the several counties of the state shall take such action necessary to carry out the purposes of this act. Each of the county health officers shall be authorized to suspend the operation of this act in his county for a period not to exceed thirty days when the equipment or trained personnel required by this act is unavailable.

(5) Any person convicted of a violation of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.- §§1-5, ch . 65-121; §§ 19, 35, ch . 69-106; §1152, ch . 71 -136.

877.08 Coin-operated vending machines and parking meters; prohibited acts, penalties.-

(!) A "coin-operated vending machine" or "parking meter," for the purposes of this act, is defined to be any machine, contrivance, or device that is adapted for use in such a way that, as the result of the insertion of any piece of money, coin or other object, the machine, contrivance, parking meter or device is caused to operate or may be operated and by reason of such operation the user may become entitled to receive any food, drink, telephone or telegraph service, insurance protection, parking privilege or any other personal property, service, protection, right or privilege of any kind or nature whatsoever.

(2) Whoever maliciously or mischievously molests, opens, breaks, injures, damages, or inserts any part of his body or any instrument into any coin-operated vending machine or parking meter of another, shall be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

(3) Whoever molests, opens, breaks, injures, damages, or inserts any part of his body or any instrument into any coin-operated vending machine or parking meter of another with intent to commit larceny is guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

( 4) Whoever violates the provisions of subsection (3) a second time, and is convicted of such second separate offense, either at the same term or a subsequent term of court, shall be guilty of a felony of the third degree, punishable as provided in §775.082, §775.083, or §775.084.

History .- ~~1-3, ch . 65- 165: ~ 11 53. ch . 7 1-136.

877.09 Tampering with or damaging sewer systems.-

(1) Whoever willfully or fraudulently, without the consent of any person, firm or corporation or lessee, trustee or receiver owning, leasing, operating or managing any sewer system, shall tap, make or cause to be made any connection with, injure or knowingly to suffer to be injured, tamper or meddle with, plug or in any way hinder, use without authorization, or interfere with any lines, mains, pipes, laterals, collectors, connections, interceptors, manholes, appliances or appurtenances used for or in connection with any sewer system and belonging to such person, firm or corporation or lessee, trustee, or receiver, shall be guilty of a misdemeanor of the first degree, punishable as provided in §775.082 or §775.083.

(2) The existence of any tap, connection to, unauthorized use of, or interference with any line, main, pipe, lateral, collector, connection, interceptor or other appliance or appurtenance used for or in connection with any sewer system and belonging to any person, firm or corporation or lessee, trustee or receiver owning, leasing, operating or managing any sewer system shall be prima facie evidence of intent to violate this law by the person receiving the direct benefit from such tap, connection or interference.

History.-~~!. 2, ch . 65-232: §1154, ch . 71-136.

877.10 Real property; dual contracts prohibited.-

(1) It is unlawful for any person to knowingly make, issue, deliver or receive dual contracts for the purchase or sale of real property. Dual contracts, either written or oral, are two contracts concerning the same parcel of real property, one of which states the true and actual purchase price and one of which states a purchase price in excess of the true and actual purchase price and is used as an inducement for mortgage investors to make a loan commitment on such real property in reliance upon the stated inflated value.

(2) Any violation of this section is a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083. History .- ~!. ch . 65-531: ~ 1155, ch . 71-136.

877.11 Inhalation or possession of harmful chemical substances; penalties.-

(!) DEFINITION.-As used in this section, the term "chemical substance" shall mean any natural, artificial, or pharmaceutical substance, including model glue, whether gaseous, liquid, or solid, the fumes of which, when inhaled by a human being, cause a condition of, or induce or produce symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction or dulling of the senses of the nervous system, or a distortion or disturbance of the auditory, visual, or mental processes.

(2) INHALATION PROHIBITED.-It shall be unlawful for any person intentionally to smell or inhale the fumes of any chemical substance, or to induce any other person to do so, for the purpose of causing a condition of, or

2140


inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction, or dulling of the senses of the nervous system or for the purpose of in any manner changing, distorting, or disturbing the auditory, visual, or mental processes. This section shall not apply to the inhalation of any anesthesia for medical or dental purposes.

(3) POSSESSION REGULATED.-It shall be unlawful for any person intentionally to possess any chemical substance for the purpose of using the same in the manner prohibited by subsection (2).

( 4) INDUCING OTHER PERSONS.-It shall be unlawful for any person intentionally to possess, buy, sell, or otherwise transfer any chemical :~ubstance for the purpose of inducing or aiding any other person to violate the provisions of subsection (2).

(5) PENALTIES.-Any person who violates any of the provisions of this section shall upon conviction be guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

Hi s tory.- §§!, 2, ch . 67-4 16; § l , ch . 70-165; §ll56, ch . 71-136.

877.13 Educational institutions, unlawful in-

terruption or interference prohibited.-(!) It is unlawful for any person intention

ally to act to disrupt or interfere with the lawful administration or functions of any educational institution in this state.

(2) Any person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in §775.082 or §775.083.

History.-§! , ch . 69-274; §ll58, ch . 71-136.

877.14 Merchandizing of dogs; required records; penalty for violation.-

(1 ) Every person engaged in the business of selling dogs shall keep a complete and true record of all transactions, showing the date of transaction and the name and address of the person from whom each dog was purchased or otherwise obtained and to whom it was sold. The record also should show a sufficient description of the dog such as breed, sex, color, markings, and distinguishing features . The record shaH at all times be subject to the inspection of all police and peace officers.


His tory.-§§! . 2, ch . 69-285; §1 159, ch . 71-136.

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TITLE XLV CRIMINAL PROCEDURE

CHAPTER 900

GENERAL PROVISIONS

900.01 Title. 900.02 Effective date.

900.01 Title.-Chapters 900-925 may be cited as the "Criminal Procedure Law."

Bistory.-1320, ch. 18554, 1838; COL 1840 Supp. 8883(333); 17, ch . 22858, 1945 ; §1, ch. 70-339.

Nole.-see former 1925.03.

900.02 Effective date.-The criminal procedure law shall become effective at 12:01 a.m., January 1, 1971, and shall govern the procedure in all criminal cases instituted after that time.

Hlstory .-§321, ch. 19554, 1939; COL ID40 Supp. 8663(334); fl . ch. 70-339.

Note.-See former §925 .02 .

900.03 Courts vested with criminal jurisdiction; process.-

( I) Original jurisdiction in criminal cases is vested in the circuit courts, criminal courts of record, courts having jurisdiction of noncapital cases, county courts, county judges' courts, and courts of justices of the peace.

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900.03 Courts vested with criminal jurisdiction; process.

900.04 Contempts.

(2) Courts having criminal jurisdiction may issue writs and process necessary to the exercise of the criminal jurisdiction and the writs and process shall have effect through the state.

History .-RS 2792, 2793; OS 3842, 3843 ; ROS 5937, 5838; CGL 8203, 8204; §10, ch . 65-483 ; 12, ch . 70-338.

Note.--Bee former §§932 .01, 932 .02 . cf.-§26 .53 Jurisdiction circuit courts, criminal cases.

§32.01 Criminal courts of record . §34 .01 County courts . 136.01 County judges' courts. §914.001 Witnesses; subpoenas to run throughout stale.

900.04 Contempts.-Said courts, in the exercise of their criminal jurisdiction may punish for contempts as in the exercise of their civil jurisdiction, and the criminal courts of record shall possess, in this respect, the same powers as the circuit courts.

History.-RS 2794; OS 3844; ROB 5838; COL 1201; 13, ch. 70-339.

Nole.-see former 1832.03.

Ch. 901 ARRESTS Ch. 901

CHAPTER 901

ARRESTS

901.01 Judicial officers to be committing mag-istrates. ·

901.02 901.04 901.06

When warrant of arrest to be issued. Direction and execution of warrant. Duty of officer after arresting with war-

rant. 901.07 Admission to bail when arrest occurs in

another county. 901.08 Issue of warrant when offense triable in

901.09 901.10 901.11 901.12 901.14

another county. When summons shall be issued. How summons served. Effect of not answering summons. Summons against corporation. Effect of failure by corporation to

answer summons. 901.15 When arrest by officer without warrant

is lawful. 901.151 Stop and frisk law.

901.01 Judicial officers to be committing magistrates.-Each state judicial officer, including all judges of courts created by homerule charter counties which have five or less justices of the peace, is a conservator of the peace and a committing magistrate with authority to issue warrants of arrest and commit offenders to jail and recognize them to appear to answer the charge. He may require sureties of the peace when the peace has been substantially threatened or di sturbed. Judges of courts created by home-rule charter counties in which there are five or less justice of the peace districts shall be empowered to sit as committing magistrates under this section as a supplement to, or in lieu of, a justice or justices of the peace of any district or districts when the senior circuit judge of the circuit wherein said justice district is located determines that to do so is convenient and necessary in the expeditious dispensing of criminal justice.

Hlstory.-fl . ch. 19554, 1939; COL 1940 Supp. 8663(1); II, ch. 70-338 ; §4, ch. 70-339. cf.-1925.07 Parent or guardian to be notified before trial of

minor; service of notice.

901.02 When warrant of arrest to be is-. sued.-A warrant may be issued for the arrest

of the person complained against if the magistrate, from the examination of the complainant and other witnesses, reasonably believes that the person complained against has committed an offense within his jurisdiction.

Blotory.-12, cb. 115Gt, 1131; COL litO Supp. 8063(2); I&, cb. 70-339.

901.04 Direction and execution of warrant.-Warrants shall be directed to all sheriffs and constables of the state. A warrant shall be executed only by a sheriff or constable of the county in which the arrest is made unless the arrest is made in fresh pursuit, in which event it may be executed by any sheriff or constable who is advised of the existence

901.16

901.17

901.18 901.19 901.20

901.21 901.22 901.23

901.24

901.25

901.26

Method of arrest by officer by a warrant.

Method of arrest by officer without war-rant.

Officer may summon assistance. Right of officer to break into building. Use of force to effect release of per-

son making arrest detained in building.

Search of person arrested. Arrest after escape or rescue. Duty of officer after arrest without war

rant. Right of person arrested to consult

attorney. Municipal officer, arrest outside cor

porate limits in fresh pursuit. Recognition of international treaties

act; identification certificate; notification upon arrest.

of the warrant. An arrest may be made on any day and at any time of the day or night.

Rlslory.-§4, ch. 19554, 1939; COL 1940 Supp. 8663(4); IS, ch . 70-339. cf.-1821.32 Trespasser may be arrested on Sunday without

warrant.

901.06 Duty of officer after arresting with warrant.-When arrest by a warrant occurs in the county where the alleged offense was committed and the warrant issued, the officer making the arrest shall without unnecessary delay take the person arrested before the magistrate who issued the warrant or, if the magistrate is absent or unable to act, before the most accessible magistrate in the same county.

Blstory.-!6, ch. 19554, 1939; COL 1940 Supp. 8663(6); 16, ch. 70-339.

901.07 Admission to bail when arrest occurs in another county.-

(!) When an arrest by a warrant occurs in a county other than the one in which the alleged offense was committed and the warrant issued, if the person arrested has a right to bail, the arresting officer shall inform him of his right and, upon request, shall take him before a magistrate or other official of the same county having authority to admit to bail. The official shall admit the person arrested to bail for his appearance before the magistrate who issued the warrant.

(2) If the person arrested does not have a right to bail or, when informed of his right to bail, does not furnish bail immediately, the officer who made the arrest or the officer having the warrant shall take him before the magistrate who issued the warrant.

Hlstory.-§7, ch . 19554, 1939; COL 1940 Supp. 8663(7); IS, ch. 70-339.

901.08 Issue of warrant when offense triable in another county.-

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(1) When a complaint before a magistrate charges the commission of an offense that is punishable by death or life imprisonment and is triable in another county of the state, but it appears that the person against whom the complaint is made is in the county where the complaint is made, the same proceedings for issuing a warrant shall be used as prescribed in this chapter, except that the warrant shall require the person against whom the complaint is made to be taken before a designated magistrate of the county in which the offense is triable.

( 2) If the person arrested has a right to bail, the officer making the arrest shall i11form him of his right to bail and, on request, shall take him before a magistrate or other official having authority to admit to bail in the county in which the arrest is made. The official shall admit him to bail for his appearance before the magistrate designated in the warrant.

(3 ) If the person arrested does not have a right to bail or, when informed of his right to bail, does not furnish bail immediately, he shall be taken before the magistrate designated in the warrant.

History.-18. ch. 19554, 1939: COL 1940 Supp. 8663 (8) : 18, ch. 70-339.

901.09 When summons shall be issued.-(1) When .the complaint is for an offense

that the magistrate is empowered to try summarily, he shall issue a summons instead of a warrant, unless he reasonably believes that the person against .whom the complaint 'Yas m~de will not appear upon a summons, m which event he shall issue a warrant.

(2) When the complaint is for a misdemeanor that the magistrate is not empowered to try summarily, he shall issue a summons instead of a warrant if he reasonably believes that the person against whom the complaint was made will appear upon a summons.

(3) The summons shall set forth substantially the nature of the offense and shall command the person against whom the complaint was made to appear before the magistrate at a stated time and place.

Blslory.-18, ch. 19554, 1938; COL 1940 Supp. 8883(8); 18, cb. 70-339.

901.10 How summons served.-A summons shall be served in the same manner as a summons in a civil action.

Blslory.-110, ch. 18554, 1939; COL 1UO Supp. 8663(10): Ill, ch . 70-339. cf.-148.031 service of process generally.

· 901.11 Effect of not answering summons.Failure to appear as commanded by a summons without good cause is an indirect criminal contempt of court and may be punished by a fine of not more than $100. When a person fails to appear as commanded by a summons, the magistrate shall issue a warrant. If the magistrate acquires reason to believe that the person summoned will not appear as

commanded after issuing a summons, he may issue a warrant.

Blalor:v.-111, cb. 19554, 1938; COL 1840 Supp. 811113(11); 18, ch . 70-338.

901.12 Summons against corporation.When a complaint of an offense is made against a corporation, the magistrate shall issue a summons that shall set forth substantially the nature of the offense and command the corporation to appear before him at a stated time and place.

Hlslory.-§12, ch . 18554, 1939; COL 1940 Supp. 8663(12): 18, ch. 70-339.

901.14 Effect of failure by corporation to answer summons.-lf, after being summoned, the corporation does not appear, a plea of not guilty shall be entered by the court having jurisdiction to try the offense for which the summons was issued, and the court shall proceed to trial and judgment without further process.

Hlstory.-§14, ch . 19554, 1939; COL 1840 Supp. 8663(14); 18, ch. 70-339.

901.15 When arrest by officer without warrant is lawfuL-A peace officer may arrest a person without a warrant when:

(1) The person has committed a felony or misdemeanor or violated a municipal ordinance in the presence of the officer. Arrest for the commission of a misdemeanor or violation of a municipal ordinance shall be made immediately or in fresh pursuit.

(2) A felony has been committed and he reasonably believes that the person committed it.

(3) He reasonably believes that a felony has been or is being committed and reasonably believes that the person to be arrested has committed or is committing it.

( 4) A warrant for the arrest has been issued and is held by another peace officer for execution.

Hlstory.-115, ch. 18554, 1938; COL 1940 Supp. 8883(15): 11. ch. 21782, 1943; !6, ch. 70-338. cf.-1821.32 Trespasser may be arrested on Sunday without

warrant. 1828.03 Cruelty to children or animals ; arrest without

warrant. 1828.17 Cruelty to animals and children; arre.t without

warrant. 1856.03 Arresting vagrant without warrant.

901.151 Stop and frisk law.-(1) This section may be known and cited

as the "Florida stop and frisk law." (2) Whenever any law enforcement officer

of this state encounters any person under circumstances which reasonably indicate that such person has committed, is committing, or is about to commit a violation of the criminal laws of this state or the criminal ordinances of any municipality or county, he may temporarily detain such person for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding his presence abroad which led the officer to believe that he had committed, was committing, or was about to commit a criminal offense.

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(3) No person shall be temporarily detained under the provisions of subsection (2) of this section longer than is reasonably necessary to effect the purposes of that subsection. Such temporary detention shall not extend beyond the place where it was first effected or the immediate vicinity thereof.

(4) If at any time after the onset of the temporary detention authorized by subsection (2) of this section, probable cause for arrest of person shall appear, the person shall be arrested. If, after an inquiry into the circumstances which prompted the temporary detention, no probable cause for the arrest of the person shall appear, he shall be released.

(5) Whenever any law enforcement officer authorized to detain temporarily any person under the provisions of subsection (2) of this section has probable cause to believe that any person whom he has temporarily detained, or is about to detain temporarily, is armed with a dangerous weapon and therefore offers a threat to the safety of the officer or any other person, he may search such person so temporarily detained only to the extent necessary to disclose, and for the purpose of disclosing, the presence of such weapon. If such a search discloses such a weapon or any evidence of a criminal offense it may be seized.

(6) No evidence seized by a law enforcement officer in any search under this section shall be admissible against any person in any court of this state or political subdivision thereof unless the search which disclosed its existence was authorized by and conducted in compliance with the provisions of subsections (2)(5).

Blalor:r.-111, 2, ch. 88-73.

901.16 Method of arrest by officer by a warrant.-A peace officer making an arrest by a warrant shall inform the person to be arrested of the cause of arrest and that a warrant has been issued, except when the person flees or forcibly resists before the officer has an opportunity to inform him, or when giving the information will imperil the arrest. The officer need not have the warrant in his possession at the time of arrest but on request of the person arrested shall show it to him as soon as practicable.

Blslor:r.-118, eh. 19554, 1939; COL 1940 Supp. 8683(16); 18, ch. 70-339.

90l.i 7 Method of arrest by officer without warrant.-A peace officer making an arrest without a warrant shall inform the person to be arrested of his authority and the cause of arrest except when the person flees or forcibly resists before the officer has an opportunity to inform him or when giving the information will imperil the arrest. ch~~~;![jg:l17, ch. 18554, 1838; COL 18•0 Supp. 8883 (17) ; 18,

901.18 Officer may summon assistance.A peace officer making a lawful arrest may command the aid of persons he deems neces-

sary to make the arrest. A person commanded to aid shall render assistance as directed by the officer. A person commanded to aid a peace officer shall have the same authority to arrest as that peace officer and shall not be civilly liable for any reasonable conduct in rendering assistance to that officer.

Hlstor:r.-118, ch. 18554, 1931; COL 1140 Supp. 8683(18); 17, eh. 70-339. cf.-1843.04 Refusing to assist prison omcers In arresting

escaped convicts. 1843.06 Neglect or refusal to aid peace omcers.

901.19 Right of officer to break into building.-

(1) If a peace officer fails to gain admittance after he has announced his authority and purpose in order to make an arrest either by a warrant or when authorized to make an arrest for a felony without a warrant, he may use all necessary and reasonable force to enter any ' building or property where the person to be arrested is or is reasonably believed to be.

(2) When any of the implements, devices, or apparatus commonly used for gambling purposes are found in any house, room, booth, or other place used for the purpose of gambling, a peace officer shall seize and hold them subject to the discretion of the court, to be used as evidence, and afterwards they shall be publicly destroyed in the presence of witnesses under order of the court to that effect.

Hlslor:r.-118, eh. 19554, 1938; COL 1840 Supp. 8883(11); 18, ch. 70-331. cf.-1848.05 Finding of gambllng Implements prima facie nl

dence of gambling.

901.20 Use of force to effect release of person making arrest detained in building.-A peace officer may use any reasonable force to liberate himself or another person from detention in a building entered for the purpose of making a lawful arrest.

Blslor:r.-120, ch. 11554, U31; COL U40 Supp. 8883(20); II, ch. 70-331.

901.21 Search of person arrested.-(1) When a lawful arrest is effected, a

peace officer may search the person arrested and the area within the person's immediate presence for the purpose of:

(a) · Protecting the officer from attack; (b) Preventing the person from escaping;

or (c) Discovering the fruits of a crime. (2) A peace officer making a lawful search

without a warrant may seize all instruments, articles, or things discovered on the person arrested or within the person's immediate control, the seizure of which is reasonably necessary for the purpose of:

(a) Protecting the officer from attack: (b) Preventing the escape of the arrested

person; or (c) Assuring subsequent lawful custody of

the fruits of a crime or of the articles used in the commission of a crime.

Hlstory.-§21, ch . 19554, 1939; COL 1940 Supp. 8663(21); 110. ch. 70-339.

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901.22 Arrest after escape or rescue.-If a person Ia wfully arrested escapes or is rescued, the person from whose custody he escapes or was rescued or any other officer may immediately pursue and retake the person arrested without a warrant at any time and in any place.

History.-§22, ch. 19554, 1939; COL 1940 Supp. 8663(22); §11, ch. 70-339 .

901.23 Duty of officer after arrest without warrant.-A peace officer making an arrest without a warrant shall ta1e the arrested person without unnecessary delay before the most accessible magistrate in the same county and shall make a complaint stating the facts constituting the offense for which the person was arrested.

Jllstory.-§23, ch. 19554, 1939; COL 1940 Supp. 8663(23); §12, ch. 70-339.

901.24 Right of person arrested to consult attorney.-A person arrested shall be allowed to consult with any attorney entitled to practice in this state, alone and in private at the place of custody, as often and for such periods of time as is reasonable.

Hlstory.-§24, ch. 19554, 1939; COL 1940 Supp. 8663(24) ; 113, ch. 70-339.

901.25 Municipal officer, arrest outside corporate limits in fresh pursuit.-A police officer of a municipality, when necessary to make an arrest, may make a fresh pursuit of a person from within the municipality to any

point in the county in which the municipality is located when the person pursued has violated a city ordinance or committed a misdemeanor within the municipality, or the officer reasonably believes that the person has committed or is committing a felony.

Hlslory.-§1, ch. 63-515; f!4 , ch . 70-339.

901.26 Recognition of international treaties act; identification certificate; notification upon arrest.-

(1) The following shall be known as the "recognition of international treaties act."

(2) The department of state may, upon application, issue identification certificates to those official representatives of sovereign nations that are on official business within the boundaries of Florida.

(3) Wherever in the state a citizen of any sovereign nation to which the United States extends diplomatic recognitien shall be arrested or detained for any reason whatsoever, the official who makes the arrest or detention shall immediately notify the nearest consul or other officer of the nation concerned or, if unknown, the embassy in Washington, D.C., of the nation concerned or, if unknown, the nearest state judicial officer who shall in turn notify either of the above. Failure to give notice shall not be a defense in any criminal proceedings against any citizen of a sovereign nation and shall not be cause for his discharge from custody.

Hhlory.-111·3, ch. 65·523 ; 1110, 35, ch. 8t-108; 115, ch. 70-339.

2146

Ch. 902 PRELIMINARY HEARINGS Ch. 902

CHAPTER 902

PRELIMINARY HEARINGS

902.15 Undertaking by witness. 902.17 Procedure when witness does not give

security. 902.19 When prosecutor liable for costs.

902.15 Undertaking by witness.-When a defendant is held to answer on a charge for a crime punishable by death or life imprisonment, the magistrate at the preliminary hearing may require each material witness to enter into a written recognizance to appear at the trial or forfeit a sum fixed by the magistrate. Additional security may be required in the discretion of the magistrate.

Hlstory.-§§39, 40, ch. 18554, 1838; COL 1940 Supp. 8663(38), (40); § 16, ch. 70-339.

Note.-See former 1802.18.

902.17 Procedure when witness does not give security.-

(!) If a witness required to enter into a recognizance to appear refuses to comply with the order, the magistrate shall commit him to custody until he complies or he is legally discharged.

(2) If the magistrate requires a witness to give security for his appearance and the witness is unable to give the security, the witness may apply to the court having jurisdiction to try the defendant for a reduction of the security.

(3) If it appears from examination on oath of the witness or any other person that the witness is unable to give security, the magistrate or the court having jurisdiction to try the defendant shall make an order finding that fact, and the witness shall be detained pending application for his conditional examination. Within three days from the entry of the order, the witness shall be conditionally examined on application of the state or the defendant. The examination shall be by question and answer in the presence of the other party and counsel, and shall be transcribed by a court reporter or stenographer selected by the parties. At the completion of the examination the witness shall be discharged. The deposition of the witness may be introduced in evidence at the trial by the defendant, or, if the prosecuting attorney and the defendant and his counsel agree, it may be admitted in evidence by stipulation. The deposition shall not de admitted on behalf of the state wthout the consent of the defendant.

(4) If a conditional examination is not made

902.20 Contempts before committing magistrate.

902.21 Commitment to jail in another county.

within three days, the witness shall be discharged.

(5) A witness detained for conditional examination shall be entitled to fees as a witness for the period of his commitment.

Hl•tory.-141, ch. 18554, 1838; COL 1840 Supp, 8863(U); 117, ch. 70-339 .

902.19 When prosecutor liable for cost's.-(1) When a person makes a complaint be

fore a justice of the peace that a crime has been committed and is recognized by the justice of the peace to appear at the next term of the court having jurisdiction to give evidence of the crime and fails to appear, he shall be liable for all costs occasioned by his complaint, and the justice of the peace may obtain a judgment and execution for the costs as in other cases.

(2) A person who voluntarily appears before a grand jury, prosecuting attorney of a criminal court of record, justice of the peace, or county judge shall not be paid per diem or mileage as a witness unless the grand jury finds a true bill, the prosecuting attorney files an information, or the justice of the peace or county judge holds the party charged for trial.

(3) A person who voluntarily appears or has himself summoned before a justice of the peace or county judge as a witness on the trial of a misdemeanor shall not be paid per diem or mileage as a witness unless the trial results in a conviction of the defendant.

Hlstory.-§43, ch. 19554, 1838; COL 1840 Supp. 8663(43); 12, ch . 67-427; !18. ch . 70-338.

902.20 Contempts before committing magistrate.-A committing magistrate holding a preliminary hearing shall have the same pov.:er to punish for contempts that he has while presiding at the trial of criminal cases.

Hlstory.-RS 2785; OS 3845; ROB OD40; COL 8206; 118, ch. 70-338.

Note.-See former 1832.04.

902.21 Commitment to jail in another county.-If a person is committed in a county where there is no jail, the committing magistrate shall direct the sheriff to deliver the accused to a jail in another county.

Hlstory.-17, ch . 6213, lUll; R8 2878; OS 3838; ROB 8038; COL 8340; 120, ch . 70-338.

Note.-See former 1832.38. cf.-1123.20 Form of commitment to Jail of another county.

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Ch. 903 BAIL Ch. 903

CHAPTER 903 BAIL

903.02

903.03

903.05 903.06 903.08 903.09 903.101

903.131

903.132

903.14 903.16 903.17

Application for bail denied; court defined.

Jurisdiction of trial court to admit to bail; duties and responsibilities of Florida parole and probation commission.

Qualification of sureties. Validity of undertaking by minor. Sufficiency of sureties. Justification of sureties. Sureties; licensed persons; to have

equal access. Bai~ on appeal, revocation; recommis

siOn. Bail on appeal; prohibited after second

or subsequent felony conviction. Contracts to indemnify sureties. Deposit of money or bonds as bail. Substitution of cash bail for other bail.

903.02 Application for bail denied; court defined.-

(1) If application for bail is made to an authorized court and denied, no court of interior jurisdiction shall admit applicant to bail unless such court of inferior jurisdiction is the court having jurisdiction to try the defendant ..

(2) "Court" as used in this chapter includes all state and municipal courts.

Hlstory.-IU, ch. 18554, 1838.; COL 1UO Supp. 8663(45); 11. elL 70-86.

903.03 Jurisdiction of trial court to admit to bail; duties and responsibilities of Florida parole and probation commission.-

(!) After a person is held to answer by a magistrate, the court having jurisdiction to try the defendant shall, before indictT"' 'lnt, affidavit, or information is filed, have jurisdiction to hear and decide all preliminary motions regarding bail and production or impounding of all articles, writings, moneys, or other exhibits expected to be used at the trial by either the state or the defendant.

(2)(a) The Florida parole and probation commission shall have the authority on the request of courts of record when a person charged with a noncapital crime or bailable offense is held, to make an investigation and report to the court, including:

1. The circumstances of the accused's family, employment, financial resources, character, and mental condition, and length of residence in the community;

2. His record of convictions, of appearance at court proceedings, or of flight to avoid prosecution or failure to appear at court proceedings; and

3. Other facts that may be needed to assist the court in its determination of the indigency of the accused and whether he should be released on his own r_ecognizance.

903.18 903.20 903.21

903.22

903.26

903.27 903.28 903.29

903.31 903.32 903.33 903.34 903.36

Bail after deposit of money or bonds. Surrender of defendant. Method of surrender; exoneration of

obligors. Arrest of principal by surety before

forfeiture. Forfeiture of the bond; when and how

directed; discharge; how and when made; effect of payment.

Forfeiture to judgment. Remission of forfeiture; conditions. Arrest of principal by surety after.

forfeiture. Canceling the bond. Defects in bond. Bail not discharged for certain defects. Who may admit to bail. Guaranteed arrest bond certificates as

cash bail.

(b) The court shall not be bound by the recommendations.

Hlstory.-U6, ch. 18554, 1130; COL 1140 Supp. 8663(48); 11. ch. 67·151 ; 121, ch. 10-338; 11. cb. 10·438.

903.05 Qualification of sureties.-A surety for the release of a person on bail, other than a company authorized by law to act as a surety, shall be a resident of the state or own real estate within the state.

Hlstory.-U6, ch. 18554, 183D; COL 1840 Supp. 8863(48); 121, ch . 10-338.

903.06 Validity of undertaking by minor.Minors may bind themselves by a bond to secure their release on bail in the same manner as persons sui juris.

Hlstory .-148, ch. 18554, 1838; COL lUO Supp, 8663(48); 121, ch . 70-338.

903.08 Sufficiency of sureties.-The combined net worth of the sureties, exclusive of any other bonds on which they may be principal or surety and property exempt from execution, shall be at least equal to the amount specified in the undertaking.

Hlolory.-151, ch. 18554, 1939; COL 1940 Supp. 8663(51); !22, ch. 70-338.

903.09 Justification of sureties.-( I) A surety shall execute an affidavit stat

ing that he possesses the qualifications and net worth required to become a surety. The affidavit shall describe his property and any encumbrances and shall state the number and amount of any bonds entered into by him at any court that remain undischarged.

(2) A bondsman, as defined in §648.25(3), shall justify his suretyship by attaching a copy of the power of attorney issued by the company to the bond or by attaching to the bond United States currency, a United States postal money order, or a cashier's check in the amount of the bond; but the United States currency, United States postal money order, or

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cashier's check cannot be used to secure more than one bond.

Hlstory.-i52, ch. 19554, 1839; COL 1940 Supp. 8663(52) · 11 ch. 57-63; !23, ch. 70-339 . ' ' c! .-1837.01 Perjury.

903.101 Sureties; licensed persons· to have · equal access.-Subject to regulation; promulgated by the department of insurance, every surety who meets the requirements of §§903.05, 903.06, 903.08, 903.09, and every person who is currently licensed by the department of insurance and registered as required by §648.42 shall have equal access to the jails of this state for the purpose of making bonds.

Hlstory.-!1, ch. 81-406; H13, 35, cb. 6t-106; 124, cb. ~0-33t; 11. ch . 70-439.

903.131 Bail on appeal, revocation; recommission.-If a person admitted to bail on appeal commits and is convicted of a separate felony while free on appeal, the bail on appeal shall be revoked and the defendant committed forthwith.

JUato..,..-u. cb. et-a.

903.132 Bail on appeal; prohibited after second or subsequent felony conviction.-N o person may be admitted to bail upon appeal from a conviction of a felony if such person has previously been convicted of a felony the commission of which occurred prior to' the commission of the subsequent felony, and such person's civil rights have not been restored.

Hlstory.-11. cb. &i-307.

903.14 Contracts to indemnify sureties.(1) A surety shall file with the bond an

affidayit stating the amount and source of any secunty or consideration which he or anyone for his use has received or been promised for the bond.

(2) A surety may maintain an action against the indemnitor only on agreements set f?rth in the affidavit. In an action by the indemmtor to recover security or collateral, the surety shall have the right to retain only the security or collateral stated in the affidavit.

(3) A limited surety or licensed bondsman may file a statement in lieu of the affidavit required in subsection (1). Such statement must be filed within thirty days from the execution of the undertaking.

Hlstory.-§57, ch. 19554, 1939; COL 1940 Supp, 8663(51); 11. ch. 65-492; !1. ch. 69-151; !25, ch. ~0-339 . cf.-§837.01 Perjury. -

903.16 Deposit of >!:vney or bonds as bail.-

(1) A defendant who nas been admitted to bail, or another person in his behalf, may deposit with the official authorized to take bail money or nonregistered bonds of the United States, the state, or a city, town, or county in the state, equal in market value to the amount set in the order and the personal bond of the ?efendant and an undertaking by the depositor 1f the money or bonds are deposited by another.

(2) Consent is conclusively presumed for the clerk of the circuit court to sell bonds deposited as bail after forfeiture of the bond.

Hlstory.-!59, ch. 19554, 1838; COL 1t40 Supp, 8663(61); 11. ch. 5t-353; !26, eb. ~0-33t.

903.17 Substitution of cash bail for other baiL-When bail other than a deposit of money or bonds has been given, the defendant or the s'!rety. may deposit money or bonds as proVIded m §903.16 and have the original bond canceled. chB~•;~;fe:---§60, ch. 1t554, 1839; COL 1t40 Supp, 8883(80); 1~.

903.18 Bail after deposit of money or bonds.-Bail by sureties may be substituted for a deposit of money or bonds as bail any time before a breach of the bond.

Hhtorr.-161, ch. 1t554, 1t3t; COL 1t40 Supp, 1883(11); Ill, ch. 70-338.

903.20 Surrender of defendant.-The defendant may surrender himself or a surety may surrender him any time before a breach of the bond.

Hlstory.-163, ch. 19654, 1839; COL 1940 Supp, 8663(83); 129, ch. 70-339.

903:21 Method of surrender; exoneration of obhgors.-

(1) A surety desiring to surrender a defendant shall deliver a certified copy of the bond and the defendant to the official who had custody of the defendant at the time bail was taken or to the official into whose custody he would have been placed if he had been committed. The official shall take the defendant into custody, as on a commitment and issue a certificate acknowledging the sur;ender.

(2) When a surety presents the certificate and a certified copy of the bond to the court having jurisdiction, the court shall order the obligors exonerated and any money or bonds deposited as bail refunded. The surety shall give the prosecuting attorney three days' notice of application for an order of exoneration and furnish him a copy of the certificate and bond. ch~~~~;:u:---164, ch. 18554, 193t; COL 1940 Supp. 8663(84); 130,

903.22 Arrest of principal by surety before forfeiture.-A surety may arrest the defendant before a forfeiture of the bond for the purpose of surrendering him or he may authorize a peace officer to make the arrest by indorsing the authorization on a certified copy of the bond.

Blstory.-§65, ch. 19554, 1938; COL 1840 Supp. 1683(85); 131, ch. 70-339.

903.26 Forfeiture of the bond; when and how directed; discharge; how and when made; effect of payment.-

(1) A bail bond shall not be forfeited unless:

(a) The information, indictment, or affida-

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vit was filed within six months from the date of arrest, and

(b) The clerk of court gave the surety at least seventy-two hours' notice, exclusive of Saturdays, Sundays, and holidays, before the time of the required appearance of the defendant. Notice shall not be necessary if the time for appearance is within seventy-two hours from the time of arrest or if the time is stated on the bond.

(2) If there is a breach of the bond, the court shall declare the bond and any bonds or money deposited as bail forfeited. The forfeiture shall be paid within thirty days.

(3 ) Thirty days after the forfeiture: (a) State and county officials having cus

tody of forfeited money shall deposit the money in the county fine and forfeiture fund;

(b) Municipal officials having custody of forfeited money shall deposit the money in a designated municipal fund;

(c) Officials having custody of bonds as authorized by §903.16 shall transmit the bonds to the clerk of the circuit court who shall sell them at market value and disburse the proceeds as provided in paragraphs (a) and (b).

(4 ) (a) When a bond is forfeited, the clerk shall transmit the bond and any affidavits to the clerk of the circuit court in which the bond and affidavits are filed. The clerk of the circuit court shall record the forfeiture in the deed or official records book. If the undertakings and affidavits describe real property in another county, the clerk shall transmit the bond and affidavits to the clerk of the circuit court of the county where the property is located who ::;hall record and return them.

(b) The bond and affidavits shall be a lien on the real property they describe from the time of recording in the co'unty where the property is located for two years or until the final determination of an action instituted thereon within a two year period. If an action is not instituted within two years from the date of recording, the lien shall be discharged. The lien will be discharged two years after the recording even if an action was instituted within two years unless a lis pendens notice is recorded in the action.

(5) The court may discharge a forfeiture within thirty days upon:

(a) A satisfactory explanation of the breach of the bond;

(b) A determination that at the time of the required appearance the defendant was adjudicated insane and confined in an institution or hospital;

(c) A determination that at the time of the required appearance the defendant was confined in prison for a felony;

(d) Surrender of the defendant unless the delay has thwarted the proper prosecution of the defendant. If the forfeiture has been before discharge, the court shall direct remission of the forfeiture to the surety. The court may

condition a discharge or remission on the payment of costs and the expenses incurred by an official in returning the defendant to the jurisdiction of the court. . (6) The payment by a surety of a forfei

ture under the provisions of this law shall have the same effect on the bond as payment of a judgment.

History .-§69, ch. 19554, 1939; COL 1940 Supp. 8663 (69); 11. ch. 59-354 ; §2, ch. 61-406; 12, ch. 65-492; 11, ch. 69-150; 132, ch . 10-339. c!.-1843.15 Failure of defendant on ball to appear.

§932.45 Calling o! sureties upon breach of undertaking. 1932 .46 Certificate of Judge setting forth breach of con

ditions, etc .

903.27 Forfeiture to judgment.-(1) If the forfeiture is not paid or dis

charged within thirty days and the bond is secured other than by money and bonds authorized in §903.16, the prosecuting attorney, or the state attorney on behalf of justice of the peace courts and other courts not having a prosecuting attorney, shall file a certified copy of the order of forfeiture with the clerk of the circuit court for the county where the order was made. The clerk shall enter a judgment against the surety for the amount of the penalty and issue execution. The clerk shall furnish the surety company at its home office a certified copy of the judgment within ten days. If the judgment is not paid within sixty days, the clerk shall furnish the department of insurance two certified copies of the judgment and a certificate stating that the judgment remains unsatisfied.

(2) After notice of judgment against the surety given by the clerk of the circuit court, the surety or bail bondsman may within fortyfive days file a motion to set aside the judgment. The court entering the judgment may at any time set aside the judgment in whole or in part for reasonable cause shown. During the pendency of such motion the court may stay execution on judgment or other process.

Hlstorr .-110, ch . 19554, 1939; COL 1940 Supp. 8663 (10); 113, 24, ch . 61-406; 13. ch. 65-492; 1§13, 35, cb. 69-106; §1, ch . 69-149; §33, ch . 70-339; §1, ch. 70-439; ~173, ch . 71-355.

903.28 Remission of forfeiture; conditions.-

(1) Within one year after forfeiture, the court may direct a partial or complete remission for reasonable cause. On application within one year from forfeiture, the court shall order remission if it determines that there was no breach of the bond. If the surety apprehends and surrenders the defendant within one year from forfeiture , the court shall order the forfeiture remitted unless the delay has thwarted the proper prosecution of the defendant.

(2) Application for remission must be accompanied by affidavits setting forth the facts on which it is founded. The prosecuting attorney must be given five days' notice before a hearing on an application and be furnished copies of all papers. Remission shall be granted on the condition of payment of costs unless the ground for remission is that there was

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