1,231 Florida cases classified under this topic, plus 996 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The Florida Supreme Court upheld a trial court's dismissal of criminal charges against a county commissioner, finding that Florida Statutes Section 112.313(3), which prohibited public officials from using their position to secure "special privileges or exemptions," was unconstitu
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564 F.2d 1363·
9th Cir.·
1977-11-28
·cited 12×
The court held that the term 'unlawful user' as applied to the defendant's conduct was not unconstitutionally vague and that punishing the acts of making false statements and receiving firearms did not violate the Eighth Amendment's prohibition against punishing status.
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The court held that the statute prohibiting the transport of stolen credit cards was not unconstitutionally vague and that the admission of business records as evidence of fraudulent intent did not violate the defendant's Sixth Amendment confrontation rights.
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A defendant who falsely declares he has no contraband upon reentry into the United States cannot claim his Fifth Amendment rights were violated, as he did not invoke the privilege and his false statement is not incriminatory.
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536 F.2d 105·
5th Cir.·
1976-08-02
·cited 12×
The court held that the statute prohibiting resisting arrest without violence was not unconstitutional on its face or as applied, and that the petitioner's other claims of prosecutorial misconduct and trial prejudice lacked merit.
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John David Roberts was charged with operating a motor vehicle with an unlawful blood alcohol level of 0.10% or above in violation of Florida Statute 316.028(3). On direct appeal, Roberts challenged the statute's constitutionality on grounds that it was not reasonably related to t
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523 F.2d 3·
4th Cir.·
1975-07-10
·cited 12×
The court held that the Virginia statute is facially overbroad and cannot be enforced as written because it infringes upon constitutionally protected speech.
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525 F.2d 378·
4th Cir.·
1975-04-14
·cited 12×
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293 So. 2d 33·
Fla.·
1974-04-10
·cited 12×
George Jones challenged the constitutionality of Florida's indecent language statute (F.S. § 847.05) as overbroad after his arrest for using profanity. The Florida Supreme Court affirmed the statute's constitutionality, holding that it provides fair warning to persons of common u
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456 F.2d 87·
4th Cir.·
1972-03-02
·cited 12×
A city ordinance limiting public assembly in a congested downtown park to 50 people is constitutional, as the city has a compelling interest in public safety and order, and the limitation is reasonably necessary.
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457 F.2d 311·
9th Cir.·
1972-02-09
·cited 12×
The court held that the case was rendered moot because the challenged regulations were rescinded and the extreme circumstances that led to their promulgation were unlikely to recur.
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203 So. 2d 4·
Fla.·
1967-10-11
·cited 12×
The court held that the challenged provisions of the City of Miami charter and ordinance were void for vagueness and ambiguity, violating free speech rights.
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378 F.2d 651·
9th Cir.·
1967-06-06
·cited 12×
The court held that the Federal Aviation Agency's regulations regarding airman medical certificates are not unconstitutionally vague and that the evidence supported the revocation of the petitioner's certificate.
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The Florida Supreme Court upheld the constitutionality of Fla. Stat. § 877.02(1), which criminalizes the solicitation of legal business by attorneys or their agents, rejecting a petitioner's challenges that the statute was unconstitutionally vague and infringed First Amendment ri
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273 F.2d 529·
5th Cir.·
1960-01-11
·cited 12×
The court held that federal courts should not abstain from deciding cases involving the constitutionality of state or local laws, even when state law interpretation is involved, if the federal question is clear and the parties urge federal adjudication.
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243 F.2d 837·
9th Cir.·
1957-04-12
·cited 12×
The court held that the instruction on affiliation was not fatally defective and that evidence of lawful political activities is admissible to prove false swearing. The court also found the term 'affiliation' as used in the statute was not unconstitutionally vague.
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The court held that the accusation and statute were valid, as the accusation sufficiently apprised the defendant of the charges and the statute provided an adequate standard of guilt.
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915 So. 2d 205·
Fla. 5th DCA·
2005-10-21
·cited 11×
The City of Kissimmee appealed a trial court judgment striking down its shopping cart retention ordinance as unconstitutional. The court reversed, holding that the ordinance does not conflict with Florida Statute § 506.5131(2) because it regulates cart retention on private proper
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902 So. 2d 225·
Fla. 5th DCA·
2005-05-13
·cited 11×
A firearm is exempt from Florida's felon firearm-possession statute only if it is either manufactured before or in 1918, or is a reasonably exact replica thereof. Merely possessing a similar ignition system does not render a weapon a replica of an antique firearm, and the term 'r
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The court held that the Prison Releasee Reoffender Act is not unconstitutionally vague and applies to defendants who commit qualifying offenses while incarcerated.
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Florida abortion clinics challenged the constitutionality of the 1997 Women's Right to Know Act under both federal and state constitutions. The trial court temporarily enjoined enforcement of the law, and the appellate court affirmed, finding the clinics had established a substan
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958 F.2d 1242·
3d Cir.·
1992-03-23
·cited 11×
The court held that the library's rules were reasonable manner restrictions on patrons' constitutional right to receive information and did not violate the First or Fourteenth Amendments.
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The court held that the defendant's appeal of prior rulings was not moot despite his nolo contendere plea, and affirmed the district court's denial of his motions.
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The court held that the Daytona Beach ordinance regulating nudity in establishments serving alcohol is a valid exercise of the city's powers under the Twenty-first Amendment and that the plaintiffs' claims of overbreadth, vagueness, and selective enforcement lack merit.
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Hancock Advertising appeals a Department of Transportation order requiring removal of an outdoor advertising sign located near the intersection of I-95 and State Road 836 in Miami. The court reversed, holding that the sign is located "on" State Road 836, not I-95, and therefore f
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The court held that 18 U.S.C. § 113(f) is not void for vagueness and the indictment was sufficient. The term 'serious bodily injury' is understandable by common persons, and the indictment tracked the statute's language.
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The court held that evidence of other card games was admissible as part of the conspiracy, that 18 U.S.C. § 1962(d) does not require proof of overt acts, that the RICO statute is not unconstitutionally vague, and that rigged poker games constitute gambling under state law.
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770 F.2d 468·
5th Cir.·
1985-09-09
·cited 11×
The court held that the statute protecting foreign officials is constitutional, neither vague nor overbroad, and affirmed the district court's dismissal of all claims.
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Florida appeals a county court order dismissing animal cruelty charges and declaring animal welfare statutes unconstitutionally vague. The appellate court reverses, holding that prohibitions against depriving animals of food, water, air, and exercise provide sufficiently definite
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739 F.2d 1562·
11th Cir.·
1984-08-27
·cited 11×
The court held that while the Act itself is facially valid, the county's administration of the Act violated appellants' procedural due process rights by failing to provide adequate notice of the permit denial hearing. However, claims of unconstitutional taking and vagueness were
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446 So. 2d 1099·
Fla. 1st DCA·
1984-02-08
·cited 11×
Petitioners challenged the constitutionality of Leon County Ordinance No. 82-32, which prohibits nude or semi-nude entertainment in establishments where alcoholic beverages are sold. The Florida District Court of Appeal upheld the ordinance as a valid exercise of the county's pol
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The court held that the petitioner was not denied effective assistance of counsel at either the guilt/innocence or penalty stages of his trial.
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The court held that a defendant's expressed unwillingness to raise a defense does not absolve counsel of the responsibility to investigate and present that defense, especially when the defense is the only plausible one.
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A licensed bail bondsman appeals an administrative order imposing penalties for three alleged violations: hiring an unlicensed bail bond runner, altering a jail card, and failing to maintain normal business hours. The court affirmed the first count but reversed the second and thi
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Florida appeals the dismissal of a criminal information charging Leonard Brown with illegally disposing of school bus tire carcasses without competitive bidding in violation of Section 274.06, Florida Statutes. The trial court struck down the statute as unconstitutionally vague,
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670 F.2d 629·
5th Cir.·
1982-03-19
·cited 11×
A hospital's blanket "no solicitation" rule is unconstitutional because it is vague, overbroad, and delegates unfettered discretion to administrators, violating First Amendment protections for free speech.
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John Zerweck, a Margate city commissioner and former mayor, was found by the State Commission on Ethics to have violated Florida's Code of Ethics by accepting employment with a company subject to city regulatory oversight. The Fourth District Court of Appeal affirmed the finding,
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658 F.2d 1362·
9th Cir.·
1981-10-15
·cited 11×
The court held that California Penal Code § 647(e) is unconstitutional as it violates the Fourth Amendment and the Due Process Clause by being void for vagueness and encouraging arbitrary enforcement, but reversed the denial of a jury trial.
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401 So. 2d 1110·
Fla.·
1981-07-16
·cited 11×
Florida's animal cruelty statute is not unconstitutionally vague as to the terms "animal" and "unnecessarily," and the defendant lacks standing to challenge it on overbreadth grounds when his own conduct clearly violates the statute.
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623 F.2d 624·
9th Cir.·
1980-07-21
·cited 11×
Attempting to start an aircraft, even if not yet in flight, constitutes 'operating' the aircraft for purposes of air navigation, and regulations are not unconstitutionally vague as applied.
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The court held that the National Firearms Act's definition of 'machinegun' was not unconstitutionally vague as applied to the defendant and that the Act does not require specific scienter for possession of such a weapon, consistent with prior Supreme Court precedent.
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The court held that the statute prohibiting unlicensed firearm dealing is not void for vagueness and that the evidence was sufficient to support the conviction.
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499 F.2d 113·
9th Cir.·
1974-06-24
·cited 11×
The court held that the statute was unconstitutionally vague because it failed to define key terms like 'object of antiquity,' violating due process.
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389 So. 3d 413·
Fla.·
2024-06-20
·cited 10×
A person cannot be guilty of riot under section 870.01(2) unless the person engages in, or intends to assist others in engaging in, violent and disorderly conduct. To 'willfully participate' in a 'violent public disturbance,' a defendant must intentionally, knowingly, and purpose
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The Eleventh Circuit affirmed the denial of Welch's § 2255 motion, holding that his prior Florida robbery and felony battery convictions qualify as violent felonies under the ACCA's elements clause, based on binding precedent.
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207 So. 3d 310·
Fla. 5th DCA·
2016-11-18
·cited 10×
Dante Martin was convicted of manslaughter, felony hazing resulting in death, and two counts of misdemeanor hazing after Robert Champion died following a hazing ritual called "Crossing Bus C" at Florida A&M University. On appeal, Martin challenged the constitutionality of the haz
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The Eleventh Circuit Court of Appeals reversed the district court's grant of summary judgment and injunction, holding that Florida's Firearm Owners Privacy Act (the Act) does not facially violate the First or Fourteenth Amendments. The court found that the Act's provisions regard
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760 F.3d 1195·
11th Cir.·
2014-07-25
·cited 10×
Florida's Firearm Owners Privacy Act restricts physicians from inquiring about or recording patients' firearm ownership when not relevant to medical care, and prohibits discrimination and harassment based on firearm ownership. Physicians and medical organizations challenged the A
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746 F.3d 1135·
11th Cir.·
2014-02-05
·cited 10×
The Alabama Supreme Court held that the phrase "or otherwise" in Act No. 2010-761, which regulates salary deductions for payments to political organizations, is limited to state-facilitated payment mechanisms similar to salary deductions, not all private payment methods. The Cour