Yes, You Can Be Arrested for Wearing a Mask in Florida. But It’s More Complicated Than That.

By Jeffery Fogg

When most people think about Florida criminal laws, they probably think of drug charges, DUIs, thefts, or the occasional alligator-related incident.

What many people don’t realize is that Florida still has a law on the books that can make it a crime for someone over the age of 16 to wear a mask or hood while on a public street.

Recently, while reviewing Polk County booking records, The Citrus Tea noticed an arrest that included three charges:

• Possession of cannabis under 20 grams
• Possession of drug paraphernalia
• Wearing a mask or hood on a public street

That third charge caught our attention.

Wait… what?

Can you really be arrested simply for wearing a mask?

The answer is yes—but the reality is more complicated than the booking report alone suggests.

The Law

Florida Statute 876.12 makes it unlawful for a person over the age of 16 to appear on a public street, highway, or public place while wearing a mask, hood, or other device that conceals their identity.

The law dates back decades and was originally enacted during an era when lawmakers were concerned about masked intimidation and activities associated with groups such as the Ku Klux Klan.

On its face, the law sounds incredibly broad.

After all, Florida residents wear masks and face coverings for all kinds of reasons:

• Motorcycle riders wear balaclavas.
• Workers wear face coverings for dust and debris.
• Medical masks became commonplace during the COVID-19 pandemic.
• People wear costumes during holidays and special events.

If the law were applied literally in every circumstance, thousands of Floridians could arguably find themselves in violation.

Why Context Matters

Over the years, courts and lawmakers have recognized that the issue is not as simple as “person wears mask, person goes to jail.”

Instead, investigators, prosecutors, and courts generally look at the circumstances surrounding the incident.

Was the person concealing their identity while engaging in suspicious activity?

Was the face covering being used to intimidate, threaten, harass, or avoid identification?

Was another crime allegedly taking place?

Those details often determine whether a charge moves forward or eventually gets dismissed.

That’s why reading only the booking report rarely tells the full story.

The Polk County Example

In the recent Polk County arrest reviewed by The Citrus Tea, the individual was not booked solely for wearing a mask.

The booking record also included marijuana and drug paraphernalia charges.

Without the arrest affidavit, it is impossible to know exactly what deputies observed or why they believed the mask statute applied.

The booking report alone does not answer important questions such as:

• What type of mask was being worn?
• Was it a medical mask, ski mask, gaiter, or hood?
• Was it daytime or nighttime?
• Was the individual allegedly attempting to conceal their identity?
• What circumstances led deputies to make contact?

Those answers would likely be found in the arrest report rather than the booking record.

A Law Many People Don’t Know Exists

Whether one agrees with the statute or not, the arrest serves as a reminder that Florida has a number of lesser-known criminal laws that occasionally appear in modern booking reports.

For many readers, the surprise isn’t the marijuana charge.

It’s learning that a law written generations ago can still result in an arrest today.

As always, a booking report represents allegations. All individuals are presumed innocent unless and until proven guilty in a court of law.

The Citrus Tea will continue reviewing unusual charges and court filings that raise interesting questions about how Florida’s criminal statutes are applied in the modern era.