F.S. 870.01, F.S. 871.01, F.S. 871.015, F.S. 810.15 – Unlawful Protests

In recent years, Florida’s approach to protest-related activities has undergone significant transformation, creating a complex legal landscape that can catch demonstrators with good intentions off-guard. 

Unlawful protests charges generally fall under one of the following:

F.S. 870.01 – Affrays and riots

F.S. 871.01 – Disturbing schools and religious and other assemblies

F.S. 871.015 – Unlawful protests

As Fort Lauderdale criminal defense attorneys with experience in First Amendment cases, we’ve seen firsthand how these laws can impact individuals who simply sought to exercise their constitutional rights. Whether you’re facing charges or want to first understand your rights before participating in a demonstration, it’s crucial to understand Florida’s evolving protest laws and serious implications for violating them. 

F.S. 870.01 focuses on both riots and inciting or encouraging riots, with penalties ranging from third-degree felonies to second-degree felonies, depending on the specific circumstances and resulting damage. 

Revisions made in 2021 (discussed further down) have made it easily one of the most contentious and complex protest-related laws. 

To secure a conviction, prosecutors must prove: 

• The defendant actively participated in a violent disturbance
• The disturbance involved three or more people
• The people involved collectively intended to assist each other in violent conduct

If charges pertain to the alleged incitement of a riot, prosecutors must show the defendant’s words or actions specifically encouraged others to engage in an immediate breach of the peace, with evidence that the defendant intended to cause a riot and that their actions were likely to produce such a result. 

In 2021, Florida enacted House Bill 1 (H.B.1), significantly impacting the state’s anti-riot laws and creating new protest-related offenses. 

The law faced immediate constitutional challenges, leading to a significant 2024 Florida Supreme Court decision in Desantis v. Dream Defenders et al. Although the Court’s ruling upheld the constitutionality of F.S. 870.01(2), it did limit the scope by interpreting the statute’s definition of “riot” to require that a person actively participate in violent conduct, not merely be present at a protest that turns violent. This interpretation provides important protections for peaceful protestors while maintaining consequences for those who engage in violence. 

Defense attorneys in such cases may challenge the allegations on lack of evidence of the defendant’s actual or intended participation and/or by asserting the defendant’s actions were constitutionally protected actions of speech and assembly. 

Under F.S. 871.01, prosecutors must prove that a defendant: 

• Willfully interrupted or disturbed an assembly of people
• The assembly was gathered for lawful purposes
• The interruption was done deliberately, not accidentally

The statute’s broad language makes it applicable to a wide range of situations, from interrupting religious services to disrupting school functions. Its interpretation has evolved significantly through case law. These cases are often where Courts are asked to strike a balance between protecting lawful assemblies and preserving the constitutional freedoms of speech and expression.

These cases are very specific to the situation. What might constitute a violation in one setting could be protected free speech in another. For example, marching into a church during a sermon and shouting at the priest could violate the statute, while similar behavior at a political rally might be constitutionally protected. 

In general, this offense is a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.

However, several elements can enhance the severity of this charge. If you willfully interrupt or disturb the assembly of people gathered for the funeral of an individual with military funeral honors, that’s a first-degree misdemeanor, which is punishable by up to one year in jail and a $1,000 fine. Same goes for if the offense is classified as a hate crime under F.S. 775.085; it bumps up the offense to the next level of severity. If the violation involved making a credible threat, the offense becomes a third-degree felony, punishable by up to one year in jail and a $5,000 fine.

Florida Statute 871.015 was enacted in response to growing concerns about the dignity of funeral and memorial services. It establishes a 500-foot buffer zone around funerals, burials and memorial services, creating protection for grieving families during vulnerable moments. 

Unlike broader disorderly conduct statutes, this law is narrowly tailored to funeral services. A violation is considered a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Additionally, the statute provides legal grounds for civil liability if the affected family wanted to seek damages against the protestors. 

Given the fact that any one of these charges has the potential to pose a threat to your physical freedom, immigration status, professional license, reputation, employment opportunities, school admissions, etc., it’s important to contact a Fort Lauderdale criminal defense lawyer as soon as possible after arrest. 

Contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (954) 761-4011.