Florida 2022 2022 Regular Session

Florida House Bill H1571 Introduced / Bill

Filed 01/11/2022

                       
 
HB 1571  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1571-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to residential picketing; creating s. 2 
810.15, F.S.; prohibiting a person from picketing or 3 
protesting before or about the dwelling of a person 4 
with specified intent; providing an exception; 5 
providing for noncriminal infractions and criminal 6 
penalties; providing an effective date. 7 
 8 
 WHEREAS, the state has a significant interest in protecting 9 
the tranquility and privacy of the home and protecti ng citizens 10 
from the detrimental effect of targeted picketing, and 11 
 WHEREAS, the Supreme Court of the United States recognized 12 
this interest in upholding a challenged ordinance restricting 13 
residential picketing in Frisby v. Schultz, 487 U.S. 474 (1988), 14 
NOW, THEREFORE, 15 
 16 
Be It Enacted by the Legislature of the State of Florida: 17 
 18 
 Section 1.  Section 810.15, Florida Statutes, is created to 19 
read: 20 
 810.15  Residential picketing. — 21 
 (1)  It is unlawful for a person to picket or protest 22 
before or about the dwe lling of a person with the intent to 23 
harass or disturb a person, unless the picketing or protest is 24 
in compliance with an ordinance of the governing body of the 25     
 
HB 1571  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1571-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
county or municipality that allows residential picketing or 26 
protesting. 27 
 (2)  A person who viol ates subsection (1) commits: 28 
 (a)1.  For a first offense, a noncriminal violation and 29 
shall be sentenced to perform 16 hours of community service or, 30 
instead of community service, pay a $25 fine. A person charged 31 
with a noncriminal violation under this par agraph shall receive 32 
a civil citation and must appear before the county court or 33 
comply with the requirement for paying the fine. The court, 34 
after a hearing, shall make a determination as to whether the 35 
noncriminal violation was committed. If the court fin ds the 36 
violation was committed, it shall impose the appropriate penalty 37 
as specified in this paragraph. 38 
 2.  A person who participates in community service shall be 39 
considered an employee of the state for the purpose of chapter 40 
440 for the duration of such service. 41 
 (b)  For a second or subsequent offense, a misdemeanor of 42 
the second degree, punishable as provided in s. 775.082 or s. 43 
775.083. 44 
 Section 2.  This act shall take effect October 1, 2022. 45