Florida Senate - 2010                                     SB 252
       
       
       
       By Senator Wilson
       
       
       
       
       33-00263-10                                            2010252__
    1                        A bill to be entitled                      
    2         An act relating to the public display of a noose;
    3         creating s. 876.211, F.S.; prohibiting a person from
    4         placing a noose in a public place, on the property of
    5         another without first obtaining the written permission
    6         of the owner or occupier of the property, or in an
    7         exhibit of any kind with the intention of intimidating
    8         another person; providing circumstances under which
    9         the provisions of the act apply; providing that a
   10         person who violates the act commits a misdemeanor of
   11         the first degree; providing criminal penalties;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 876.211, Florida Statutes, is created to
   17  read:
   18         876.211 Prohibition against public display of a noose;
   19  exceptions; penalty.—
   20         (1) A person may not place a noose or cause a noose to be
   21  placed:
   22         (a) In a public place in this state.
   23         (b) On the property of another person in this state without
   24  first obtaining the written permission of the owner or occupier
   25  of the property.
   26         (c) In an exhibit of any kind with the intention of
   27  intimidating another person, preventing another person from
   28  doing any act that is lawful, or causing another person to do
   29  any act that is unlawful.
   30         (2) Subsection (1) applies only if the person placed or
   31  exhibited the noose with the intent to:
   32         (a) Deprive another person or class of persons of the equal
   33  protection of the laws of this state or of equal privileges and
   34  immunities under the laws of this state or for the purpose of
   35  preventing the constituted authorities of this state or any
   36  subdivision thereof from, or hindering them in, giving or
   37  securing to all persons within this state the equal protection
   38  of the laws of this state;
   39         (b) By force or threat of force, injure, intimidate, or
   40  interfere with another person because of the person’s exercise
   41  of any right secured by federal, state, or local law or to
   42  intimidate another person or class of persons from exercising
   43  any right secured by federal, state, or local law; or
   44         (c) Intimidate, threaten, abuse, or harass another person.
   45         (3) A person who violates subsection (1) commits a
   46  misdemeanor of the first degree, punishable as provided in s.
   47  775.082 or s. 775.083.
   48         Section 2. This act shall take effect July 1, 2010.