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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
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An act relating to residential picketing; creating s. 2
810.15, F.S.; defining the term "dwelling"; 3
prohibiting a person from picketing or protesting 4
before or about the dwelling of a person with 5
specified intent; providing criminal penalties; 6
requiring a specified warning before arrest for a 7
violation; providing an effective date. 8
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WHEREAS, the state has a significant interest in protecting 10
the tranquility and privacy of the home and protecting citizens 11
from the detrimental effect of targeted picketing, and 12
WHEREAS, the Supreme Court of the United States recognized 13
this interest in upholding a challenged ordinance restricting 14
residential picketing in Frisby v. Schultz, 487 U.S. 474 (1988), 15
NOW, THEREFORE, 16
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Be It Enacted by the Legislature of the State of Florida: 18
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Section 1. Section 810.15, Florida Statutes, is created to 20
read: 21
810.15 Residential picketing. — 22
(1) As used in this section, t he term "dwelling" means a 23
building, structure, or portion thereof which is occupied as, or 24
designed or intended for occupancy as, a residence by one or 25
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CS/HB 1571 2022 Legislature
CODING: Words stricken are deletions; words underlined are additions.
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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
more families. 26
(2) It is unlawful for a person to picket or protest 27
before or about the dwelling of a ny person with the intent to 28
harass or disturb that person in his or her dwelling. 29
(3) A person who violates this section commits a 30
misdemeanor of the second degree, punishable as provided in s. 31
775.082 or s. 775.083. 32
(4) Before a person may be arreste d for a violation of 33
this section, a law enforcement officer, as defined in s. 34
943.10(1), or a local, state, federal, or military law 35
enforcement agency must go as near to the person as may be done 36
with safety and shall command any person picketing or prot esting 37
before or about the dwelling of a person to immediately and 38
peaceably disperse. If any such person does not thereupon 39
immediately and peaceably disperse, he or she may be arrested 40
for a violation of this section. 41
Section 2. This act shall take e ffect October 1, 2022. 42