| 1 | A bill to be entitled |
| 2 | An act relating to intimidation of a judge; subjecting a |
| 3 | person who intimidates or threatens a judge or a member of |
| 4 | the judge's immediate family to criminal penalties under |
| 5 | certain circumstances; defining the terms "intimidation or |
| 6 | threats" and "judge"; providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Intimidation of a judge.- |
| 11 | (1) A person who has a significant interest in a legal or |
| 12 | administrative proceeding and who knowingly attempts to alter or |
| 13 | affect a decision or ruling through intimidation or threats |
| 14 | commits: |
| 15 | (a) A misdemeanor of the first degree, punishable as |
| 16 | provided in s. 775.082 or s. 775.083, Florida Statutes, if: |
| 17 | 1. The underlying proceeding is a civil or administrative |
| 18 | proceeding or the prosecution of a misdemeanor; or |
| 19 | 2. The offender is acting on behalf of another person who |
| 20 | is a party to the proceeding. |
| 21 | (b) A felony of the third degree, punishable as provided |
| 22 | in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes, if |
| 23 | the underlying proceeding is the prosecution of a felony. |
| 24 | (2) For purposes of this section: |
| 25 | (a) "Intimidation or threats" include, but are not limited |
| 26 | to, actions or words that: |
| 27 | 1. Directly or indirectly threaten physical force, |
| 28 | economic loss, damage to property, damage to career, or damage |
| 29 | to the reputation of a judge or a member of the judge's |
| 30 | immediate family; |
| 31 | 2. Are intended to create a situation requiring recusal or |
| 32 | disqualification of a judge; or |
| 33 | 3. Consist of contacts or attempts to contact or that |
| 34 | create a pattern of contact with a judge or a member of the |
| 35 | judge's immediate family under false pretenses which would |
| 36 | reasonably cause a judge or a member of the judge's immediate |
| 37 | family to fear for his or her safety. |
| 38 | (b) "Judge" means: |
| 39 | 1. A judge or justice authorized by the State |
| 40 | Constitution. |
| 41 | 2. An administrative hearing officer. |
| 42 | 3. An administrative law judge. |
| 43 | 4. A magistrate. |
| 44 | 5. An officer of the state acting in an adjudicatory |
| 45 | capacity. |
| 46 | Section 2. This act shall take effect October 1, 2011. |