Affrays and Riots Flashcards
All persons guilty of an affray shall be guilty of a _______________.
misdemeanor of the first degree
All persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a ______________.
felony of the third degree
Unlawful assemblies.—If _____ 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 ________________.
three
misdemeanor of the second degree
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
Specified officers 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 the sheriff’s deputies, or the mayor, or any commissioner, council member, alderman, or police officer of the city or municipality shall go among the persons so assembled, or as near to them as may be done with safety, and shall in the name of the ____ command all the persons so assembled immediately and peaceably to ______.
state
disperse
Specified officers to disperse riotous assembly
If any person 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, the person shall be deemed one of the______________________ and may be prosecuted and punished accordingly.
one of the rioters or persons unlawfully assembled
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, __________shall be empowered to declare such a state of emergency exists.
local officers
870.042-Designation of local authority.—
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 ______________exists within the unincorporated areas of the county and to exercise the emergency powers conferred in ss. 870.041-870.047.
state of emergency
870.042-Designation of local authority.—
The designated city official shall be either the ______ or _________ or the person who performs the duties of a mayor or chief of police in such municipality.
mayor or chief of police
870.043-Declaration of emergency
Whenever the ______ or designated _________ determines 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 or she may declare that a state of emergency exists within that jurisdiction
sheriff
city official
870.044-Automatic emergency measures.—
Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, the following acts shall be prohibited during the period of said emergency throughout the jurisdiction: (3)
(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 shop of any ammunition or gun or other firearm of any size or description.
(3) The intentional possession in a public place of a firearm by any person, except a duly authorized law enforcement official or person in military service acting in the official performance of her or his duty.
870.045-Discretionary emergency measures
Whenever the public official declares that a state of emergency exists, pursuant to s. 870.043, he or she may order and promulgate all or any of the following emergency measures, in whole or in part, with such limitations and conditions as he or she may deem appropriate: (6)
(1) The establishment of curfews
(2) The prohibition of the sale or distribution of any alcoholic beverage
3) The prohibition of the possession on any person in a public place of any portable container containing any alcoholic beverage
(4) The closing of places of public assemblage with designated exceptions
(5) The prohibition of the sale or other transfer of possession, with or without consideration, of gasoline or any other flammable or combustible liquid altogether or except by 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
870.046-Filing and publication
Any state of emergency or emergency measure declared or ordered and promulgated by virtue of the terms of ss. 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 _____ ______ for publication and radio and television broadcast thereof
news media
870.047-Duration and termination of emergency
A state of emergency shall commence upon the declaration thereof by the public official and shall terminate at the end of a period of __ consecutive hours thereafter unless, prior to the end of such __-hour period, the public official, the Governor, county commission, or city council shall have terminated such state of emergency.
72, 72
870.047-Duration and termination of emergency
Any extension of the 72-hour time limit must be accomplished by request from the public official and the concurrence of the county commission or ____________ by duly enacted ordinance or resolution in regular or special session.
city council
