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Florida Statute 870.045 | Lawyer Caselaw & Research
F.S. 870.045 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 870.045

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
View Entire Chapter
F.S. 870.045
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:
(1) The establishment of curfews, including, but not limited to, the prohibition of or restrictions on pedestrian and vehicular movement, standing, and parking, except for the provision of designated essential services such as fire, police, and hospital services, including the transportation of patients thereto, utility emergency repairs, and emergency calls by physicians.
(2) The prohibition of the sale or distribution of any alcoholic beverage, with or without the payment or a consideration therefor.
(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.

Any such emergency measure so ordered and promulgated shall be in effect during the period of said emergency in the area or areas for which the emergency has been declared.

History.ss. 4, 6, ch. 70-990; s. 1402, ch. 97-102.

F.S. 870.045 on Google Scholar

F.S. 870.045 on Casetext

Amendments to 870.045


Arrestable Offenses / Crimes under Fla. Stat. 870.045
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 870.045.



Annotations, Discussions, Cases:

Cases from cite.case.law:

SMITH, a v. AVINO,, 866 F. Supp. 1399 (S.D. Fla. 1994)

. . . . ยงยง 870.041, 870.045(1). . . . the emergency area by the imposition of curfews and other public safety measures provided in Section 870.045 . . .