Lawyers Unearth Odd Laws
Once in a while, lawyers happen upon some of the wildest and wackiest laws that are still valid and binding on the good residents of the Sunshine State. Today, we bring to light three bizarre, obscure, and downright nonsensical Florida laws. It makes us stop and ask ourselves "There is a law for that?"
Unmarried Couples Who Live Together & Engage in Sexual Intercourse are in Violation of Criminal Law
Section 798.02 of the Florida Statutes expressly prohibits any man and woman not married to each other from engaging in lewd and lascivious association (sexual activity) and cohabitating (living in the same apartment/home/domicile etc.). The penalty for unmarried couples living together and performing sexual activity? A second degree misdemeanor, with a maximum penalty of sixty days in the county jail. If you currently live with a significant other and haven't yet decided on the marriage issue, it seems the Florida Legislature has already made the decision for you!
You Can't Tether or Confine a Pregnant Pig
Perhaps the most odd section of the Florida Constitution is Article X, Section 21, which punishes cruel and inhumane confinement of pigs during pregnancy. The amendment targets individuals or entities that tether a pregnant pig or confine it in an enclosure in any way that prevents it from turning freely. The amendment makes any violation a first-degree misdemeanor, with a maximum penalty of up to one year in jail and a fine of $5,000, or both. While it goes without saying that animal cruelty should not be tolerated in American society, it's still somewhat odd that Florida created a law criminalizing treatment of a particular animal, and then included it in the state constitution, rather than the Florida Statutes.
Florida's Crazy Door Law
Florida Statute Section 823.06 requires all buildings constructed or operated in Florida for theatrical, operatic, or other public entertainment purposes to have an exit door open outward. Unlike most nonsensical "Blue laws," this one actually has a valid purpose. The statute was written with fire and other emergency situations in mind so that people would not become trapped near inward opening doors in the event of a mass evacuation from a crowded public building. While the purpose of the law does make good sense, it's the penalty that will likely leave you puzzled. Any owner, manager, lessee, or other person having charge of any public building for the uses described that fails to provide "outward" opening doors on the structure is guilty of a third degree felony. So...if during original construction, a door was simply hung the wrong way by a carpenter, the manager risks a state prison sentence for up to five years and a $5,000.00 fine.
Russo & Russo are Pinellas County Criminal defense attorneys representing clients charged with criminal offenses and DUI charges arising out of the St. Petersburg & Clearwater area.
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