Florida/Georgia Personal Injury & Workers Compensation

...v. State, 355 So.2d 1176 (Fla.1977). Alternatively, I would incorporate the Official Comments to both of these instructions into the actual text of the instructions themselves. The statutory provisions on which these instructions are based, sections 871.01(1) and (2), Florida Statutes, criminalize conduct that involves disturbing a school, religious or lawful assembly (instruction 29.15) and disturbing a military funeral (instruction 29.16)....

...ve danger of criminalizing conduct that is protected under our First Amendment. See 355 So.2d at 1178. Specifically, this Court held that a person must have deliberately *1083 acted to create a disturbance in order to commit a criminal offense under section 871.01(1)....

...ancements pursuant to § 828.12(2)(a), Fla. Stat. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment This instruction was adopted in 2008. *1096 29.15 DISTURBING A SCHOOL, RELIGIOUS OR LAWFUL ASSEMBLY 871.01(1), Fla....

...an assembly of people meeting for the lawful purpose of (insert lawful purpose). Definition. "Willfully" means knowingly, intentionally, and purposely. Lesser Included Offenses No lesser included offenses have been identified for this offense. Comment To commit an offense under § 871.01 a person must have deliberately acted to create a disturbance....

...Finally, the acts must, in fact, significantly disturb the assembly. These elements are inherent in the statute as drafted. See S.H.B. v. State, 355 So.2d 1176, 1178 (Fla.1977). This instruction was adopted in 2008. 29.16 DISTURBING A MILITARY FUNERAL 871.01(2), Fla....

...the playing of "Taps," followed by the folding and presentation of the United States flag to the family of the deceased. Lesser Included Offenses --------------------------------------------------------------------- Disturbing a Military Funeral — 871.01(2) --------------------------------------------------------------------- CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. --------------------------------------------------------------------- Disturbing a school, religious None 871.01(1) 29.15 or lawful assembly --------------------------------------------------------------------- *1097 Comment See Title 10 U.S.C....

...Ervin, III, Public Defender, Tallahassee, for appellant. Robert L. Shevin, Atty. Gen. and Charles W. Musgrove, Asst. Atty. Gen., Tallahassee, for appellee. BOYD, Judge. After a hearing before juvenile court, the state's petition to have appellant adjudicated delinquent for violation of Section 871.01, Florida Statutes, was sustained. Adjudication was withheld and appellant was placed on probation. Section 871.01, Florida Statutes, states: "Whoever wilfully 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... ." In denying appellant's motion for a new trial the Circuit Court initially and directly ruled on the constitutionality of Section 871.01, holding it to be constitutional on its *1178 face and as applied to appellant in the instant case....

...behavior should be judged under the standards of the latter as construed in White. However, Section 877.03, by its obvious breadth and its susceptibility to abuse by authorities, is subject to certain restraints in application which do not apply to Section 871.01. Thus, the cases defining the constitutional limits of Section 877.03 are not entirely apposite in this case. Section 871.01 is a more explicit statute dealing with a particular kind of disturbance, i.e., the disturbance of a lawful assembly....

...ry infringement of individual liberties does not occur. It must be recognized that all civil freedoms have limits, though these limits should be drawn as broadly as possible and only placed with the greatest justification. To commit an offense under Section 871.01 a person must have deliberately acted to create a disturbance....

...on, disobeying the lawful and reasonable requests of school officials, and repeated loud utterances. The totality of these acts, in the context in which they were performed, constitutes a willful disturbance of a school by appellant, in violation of Section 871.01, Florida Statutes. It should be noted that purported offenses under Section 871.01 are to be judged by the circumstances in which they occur....

...HATCHETT, J., dissents with an opinion, with which ENGLAND and SUNDBERG, JJ., concur. SUNDBERG, J., dissents. ENGLAND, Judge, dissenting. I dissent both from the majority's evaluation of the validity of this statute and its reading of the record in this case. As to the statute, Section 871.01, Florida Statutes (1975), makes a criminal of anyone who "willfully interrupts or disturbs any school......

...Subsequent to Wayne's suspension, the media reported the events at Pine Ridge High School. A demonstration by the Ku Klux Klan followed. One week after Wayne's suspension, Defendants filed a criminal complaint against Wayne, alleging that he disturbed a school function in violation of Fla. Stat. § 871.01....

...tion within [federal] original jurisdiction that they form part of the same case or controversy." 28 U.S.C. § 1367(a). According to the Complaint, more than one week passed before Defendants filed a criminal complaint against Wayne under Fla. Stat. § 871.01....

...During the ensuing week, the media reported the events at Pine Ridge High School and the Ku Klux Klan demonstrated. The expiration of one week between Wayne's suspension and the filing of charges, the subsequent demonstration at the school, and the pursuit of the criminal complaint under Fla. Stat. § 871.01, support the finding that the claims are not part of the same case or controversy....

...on, disobeying the lawful and reasonable requests of school officials, and repeated loud utterances. The totality of these acts, in the context in which they were performed, constitutes a willful disturbance of a school by appellant, in violation of Section 871.01, Florida Statutes....

...words to support the judicial restructuring, and struck the statute down. The Brown court thus agreed with the Mayhew court that as written the statute was unconstitutionally overbroad. [4] See S.H.B. v. State, 355 So.2d 1176 (Fla. 1978), upholding section 871.01, Florida Statutes (1975), the language of which limits the scope of the offense therein defined so as to require a showing of interference with others in the exercise of their right to assemble....

appellant adjudicated delinquent for violation of Section 871.-01, Florida Statutes, was sustained. Adjudication

...first amendment rights by the persons who reserved the stadium for their meeting, thus was guilty of disturbing the peace as charged when he forceably attempted to enter the stadium. Such conduct is also expressly made violative of a state statute, Section 871.01, Florida Statutes, F.S.A., which prohibits the wilful interruption or disturbing of any assembly of people met for any lawful purpose in this state....

BOYD, Justice. This cause is before the Court on appeal from a judgment of the County Court, Putnam County, in which that court passed upon the constitutionality of section 871.01, Florida Statutes (1977). Appellant was convicted of disturbing a public assembly in violation of that section, a misdemeanor of the second degree. We have jurisdiction of his appeal. Art. Y, § 3(b)(1), Fla.Const. Section 871.01, Florida Statutes (1977), provides: Whoever willfully interrupts or disturbs any school or any assembly of people met for the worship of God or for any lawful purpose shall be guilty of a misdemeanor of the second degree punishable as provided in s....

...He argues that the statute creates no objective standard by which the statutory terms may be measured and that the statute is susceptible of application to protected expression, thus inhibiting the exercise of the right to free expression. In S. H. B. v. State, 355 So.2d 1176 (Fla.1978), this Court upheld section 871.01 against a challenge to its constitutionality grounded upon its lack of specificity and overbreadth. We decline the appellant’s suggestion that we revisit that holding on the facial validity of the statute. The appellant also contends that section 871.01 is unconstitutional as applied to him in that it is being used to punish him for engaging in constitutionally protected speech....

...It sought to punish him for conduct that allegedly disturbed a public assembly. Finally, the appellant contends that the evidence is insufficient, as a matter of law, to support the verdict. In S. H. B. v. State, this Court set out the elements of the offense proscribed by section 871.01. To commit an offense under Section 871.01 a person must have deliberately acted to create a disturbance....

member of a criminal street gang pursuant to section 871.01, at the time of the commission of the primary

...Brunvand, Asst. Public Defender, Clearwater, for appellee. PER CURIAM. The state appeals an order of the County Court of Pinellas County dismissing charges of "disturbing a religious assembly." In so doing the county court held that the applicable statute, section 871.01, Florida Statutes (1991), is unconstitutionally overbroad and vague....

...dition to being wasteful of time and money, risked dissuading the free exercise of rights by certain worshippers. Nevertheless, the order criticizes policy decisions made by the city which are at most only marginally relevant to the question whether section 871.01 is constitutional....

SHEVIN, Judge. We reverse the adjudication finding the juvenile guilty of willfully interrupting or disturbing a school, under section 871.01, Fla....

...See id. Therefore, we conclude that the City Council's actions in preventing Mr. Jones from speaking during the consent agenda portion of the meeting did not offend his First Amendment rights. We next examine whether Mr. Jones's actions violated section 871.01(1)(a), Florida Statutes (2023), which makes it unlawful for a person to willfully and maliciously interrupt or disturb any assembly of people who have met for any lawful purpose. To commit an offense under Section 871.01 a person must have deliberately acted to create a disturbance....