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Florida Statute 256.05 | Lawyer Caselaw & Research
F.S. 256.05 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 256.05

The 2023 Florida Statutes (including Special Session C)

Title XVIII
PUBLIC LANDS AND PROPERTY
Chapter 256
FLAGS
View Entire Chapter
F.S. 256.05
256.05 Improper use of state or United States flag, or other symbol of authority.No person shall, in any manner, for exhibition or display:
(1) Place or cause to be placed any word, figure, mark, picture, design, drawing or advertisement of any nature upon any flag, standard, color, ensign or shield of the United States or of this state, or authorized by any law of the United States or this state; or
(2) Expose to public view any such flag, standard, color, ensign or shield upon which shall have been printed, painted or otherwise produced, or to which shall have been attached, appended, affixed or annexed any such word, figure, mark, picture, design, drawing or advertisement.
History.ss. 1, 2, 3, ch. 7819, 1919; s. 1, ch. 9325, 1923; CGL 8117, 8118; s. 1, ch. 57-74.

F.S. 256.05 on Google Scholar

F.S. 256.05 on Casetext

Amendments to 256.05


Arrestable Offenses / Crimes under Fla. Stat. 256.05
Level: Degree
Misdemeanor/Felony: First/Second/Third

S256.05 - DESECRATING FLAG - IMPROPER USE SYMBOL OF AUTHORITY - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

In McMULLEN OIL CO. Co. v., 251 B.R. 558 (Bankr. C.D. Cal. 2000)

. . . 500.00 6/11/95 Credit Managers Ass’n. of California 1,336.84 7/21/95 Southern California Edison Co. 256.05 . . .

TEXAS v. JOHNSON, 491 U.S. 397 (U.S. 1989)

. . . . §§256.05-256.051, 876.52 (1987); Ga. Code Ann. §50-3-9 (1986); Haw. Rev. . . .

CITY OF MIAMI, v. T. WOLFENBERGER,, 265 So. 2d 732 (Fla. Dist. Ct. App. 1972)

. . . Wolfenberger was arrested on December 4, 1970, and charged with violating Section 256.05(2), 12 F.S.A . . . adds the following definitions: The words flag, standard, color, ensign or shield, as used in Sections 256.05 . . . “At the trial the defendant’s contention that Section 256.05(2) was unconstitutional as violative of . . . “Thus the broad range of Section 256.05 (2) would proscribe the respectful and customary use of emblems . . . “Finally, Section 256.05(2) is unconstitutional as applied to the particular flag alteration engaged . . .

CITY OF MIAMI v. WOLFENBERGER, 36 Fla. Supp. 24 (Dade Cty. Cir. Ct. 1971)

. . . Wolfenberger was arrested on December 4, 1970, and charged with violating §256.05(2), and chapter 38, . . . is recognized by the laws of the state as a misdemeanor, as set out in the Florida Statutes . . . §256.05 . . . At the trial the defendant’s contention that §256.05(2) was unconstitutional as violative of the first . . . Defendant argues on appeal that §256.05(2) is unconstitutional on its face because it is overbroad and . . . Cahn, 437 F. 2d 344, 348 (2d Cir. 1970), a case on all fours holding New York’s equivalent of §256.05 . . .

v., 63 Cust. Ct. 180 (Cust. Ct. 1969)

. . . The controverted merchandise was classified by the collector of customs as “Wall paper” in item 256.05 . . . Paper and Paperboard Cut to Size or Shape; Articles of Paper and Paperboard $ $ $ $ 3* $ ‡ 256.05 Wall . . . Item 256.05 of the tariff schedules provides for wallpaper without qualification. . . . No rate change is involved.” $$$$$$$ “Item 256.05 covers wall paper presently dutiable at 0.5 cent per . . . It is consequently properly classifiable as “Wall paper” under item 256.05 of the Tariff Schedules of . . .

FRANK T. McCABE v. THE UNITED STATES, 84 Ct. Cl. 291 (Ct. Cl. 1936)

. . . Judgment is awarded to plaintiff in the sum of $256.05." It is so ordered. . . .

v., 22 B.T.A. 1344 (B.T.A. 1931)

. . . The allowance of $256.05 for “ Eoosevelt Ave. assessment, 4th Instal.” is not shown to be one of the . . .