Florida/Georgia Personal Injury & Workers Compensation

...In Beasley we upheld the constitutionality of section 870.01(2), Florida Statutes (1973), which prohibits riots, by construing the statute in terms of the common law definition of riots. Similarly, in Simpson we adopted the common law definition of unlawful assembly in construing section 870.02 so as to render it constitutional. We construed section 870.02 as prohibiting "(1) an assembly of three or more persons who, (2) having a common unlawful purpose, (3) assemble in such a manner as to give rational, firm, and courageous persons in the neighborhood of the assembly a well-grounded fear of a breach of the peace." 347 So.2d at 415 (footnote omitted)....

...The appellants were charged with the violation of the municipal ordinances of the City of Tallahassee. Nowhere in the complaint were they charged with a violation of a state statute. A reference to Section 870.04, supra, as amended, will reveal that the statute condemns a riotous assembly and provides a penalty under Section 870.02, Florida Statutes, F.S.A....

...Petersburg, for appellees. OVERTON, Chief Justice. We review these consolidated cases on direct appeal from the Pinellas County *415 Court. In each case the trial court dismissed informations filed against defendants, declaring Florida's statute on unlawful assembly, Section 870.02, to be unconstitutional because it abridged defendants' First Amendment right to freedom of assembly. We have jurisdiction. [1] Section 870.02 [2] makes it unlawful for three or more persons to meet in order "to commit a breach of the peace, or to do any other unlawful act." The trial court found the statute neither vague nor overbroad, construing "unlawful act" to mean unlawful criminal act....

...The statutory provision for unlawful assembly is obviously designed to make unlawful an assembly in which those assembled have the intent to do an unlawful act which threatens a breach of the peace. The basic common law elements apply. Accordingly, we construe Section 870.02 to prohibit (1) an assembly of three or more persons who, (2) having a common unlawful purpose, (3) assemble in such a manner as to give rational, firm, and courageous persons in the neighborhood of the assembly a well-grounded fear of a breach of the peace. [6] *416 It is no abridgement of free speech or assembly to make criminal an assembly which has as its purpose the breach of the peace. We hold Section 870.02, Florida Statutes (1975), which establishes the offense of "unlawful assembly," to be constitutional subject to the following restrictive limitations: [7] The term "unlawful assembly" as used in the statute is defined in accordance wit...

...ADKINS, ENGLAND and SUNDBERG, JJ., concur. SUNDBERG, J., concurs with an opinion. BOYD, J., dissents with an opinion. HATCHETT, J., dissents. SUNDBERG, Justice, concurring. I concur in the majority opinion because as construed and limited, I believe Section 870.02, Florida Statutes (1975), satisfies federal and state constitutional requirements....

...anger of a riot in accordance with its elements as heretofore set out and that the language used by the defendant tended to incite the persons assembled to an immediate breach of the peace." There are no such limitations found in our construction of Section 870.02....

...strictive interpretation. It is an unconstitutional law which can only produce more harm than good. It is useless, yet dangerous, and should be eliminated. For these reasons, I must respectfully dissent. NOTES [1] Art. V, § 3(b)(1), Fla. Const. [2] § 870.02, Fla....

...onsible and offensive. The court would make the observation that the petitioners might have been successfully and fairly prosecuted under Florida's breach of the peace, disorderly conduct or unlawful assembly statutes. See Fla.Stat. §§ 877.03, [4] 870.02 [5] (1979)....

...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. [5] Section 870.02, Florida Statutes, provides: 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....

...Earl Faircloth, Atty. Gen., and George R. Georgieff, Asst. Atty. Gen., for appellee. PER CURIAM. The Appellants Callendar, Smith, and O'Connor were convicted in the County Judge's Court for Marion County on a charge of unlawful assembly in violation of F.S. § 870.02, F.S.A....

... The defendant, Timothy Smith, appeals from the revocation of his probation and the resulting sentences based on the trial court’s finding that he violated Condition Five of his probation by committing two new law violations—unlawful assembly in violation of section 870.02, Florida Statutes (2014), and trespass after warning in violation of section 810.09(2)(b), Florida Statutes (2014)....

...assembled was known for gang activity, drug sales, arrests, and violent crimes, including a recent shooting of a male who lived across the street. Accordingly, we conclude that the trial court did not abuse its discretion by admitting this testimony. III. Section 870.02 Unlawful Assembly Section 870.02 provides as follows: “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 . . . .” In State v. Simpson, 347 So. 2d 414 (Fla. 1977), the Florida Supreme Court construed section 870.02 “to prohibit (1) an assembly of three or more persons who, (2) having a common unlawful purpose, (3) assemble in such a manner as to give rational, firm, and 11 courageous persons in the...