Florida Senate - 2011 (Corrected Copy) SB 262
By Senator Ring
32-00241A-11 2011262__
1 A bill to be entitled
2 An act relating to intimidation of a judge; subjecting
3 a person who intimidates or threatens a judge or a
4 member of the judge’s immediate family to criminal
5 penalties under certain circumstances; defining the
6 terms “intimidation or threats” and “judge”; providing
7 an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Intimidation of a judge.—
12 (1) A person who has a significant interest in a legal or
13 administrative proceeding and who knowingly attempts to alter or
14 affect a decision or ruling through intimidation or threats
15 commits:
16 (a) A misdemeanor of the first degree, punishable as
17 provided in s. 775.082 or s. 775.083, Florida Statutes, if:
18 1. The underlying proceeding is a civil or administrative
19 proceeding or the prosecution of a misdemeanor; or
20 2. The offender is acting on behalf of another person who
21 is a party to the proceeding.
22 (b) A felony of the third degree, punishable as provided in
23 s. 775.082, s. 775.083, or s. 775.084, Florida Statutes, if the
24 underlying proceeding is the prosecution of a felony.
25 (2) For purposes of this section:
26 (a) “Intimidation or threats” include, but are not limited
27 to, actions or words that:
28 1. Directly or indirectly threaten physical force, economic
29 loss, damage to property, damage to career, or damage to the
30 reputation of a judge or a member of the judge’s immediate
31 family;
32 2. Are intended to create a situation requiring recusal or
33 disqualification of a judge; or
34 3. Consist of contacts or attempts to contact or that
35 create a pattern of contact with a judge or a member of the
36 judge’s immediate family under false pretenses which would
37 reasonably cause a judge or a member of the judge’s immediate
38 family to fear for his or her safety.
39 (b) “Judge” means:
40 1. A judge or justice authorized by the State 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.