Florida Senate - 2022                      CS for CS for SB 1664
       
       
        
       By the Committees on Rules; and Judiciary; and Senators Perry
       and Boyd
       
       
       
       
       595-03328-22                                          20221664c2
    1                        A bill to be entitled                      
    2         An act relating to residential picketing; creating s.
    3         810.15, F.S.; defining the term “dwelling”;
    4         prohibiting a person from picketing or protesting
    5         before or about the dwelling of a person with
    6         specified intent; providing criminal penalties;
    7         requiring a specified warning before arresting a
    8         person for a certain violation; providing an effective
    9         date.
   10  
   11         WHEREAS, the state has a significant interest in protecting
   12  the tranquility and privacy of the home and protecting citizens
   13  from the detrimental effect of targeted picketing, and
   14         WHEREAS, the Supreme Court of the United States recognized
   15  this interest in upholding a challenged ordinance restricting
   16  residential picketing in Frisby v. Schultz, 487 U.S. 474 (1988),
   17  NOW, THEREFORE,
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Section 810.15, Florida Statutes, is created to
   22  read:
   23         810.15 Residential picketing.—
   24         (1) As used in this section, the term “dwelling” means any
   25  building, structure, or portion thereof which is occupied as, or
   26  designed or intended for occupancy as, a residence by one or
   27  more families.
   28         (2) It is unlawful for a person to picket or protest before
   29  or about the dwelling of a person with the intent to harass or
   30  disturb that person in his or her dwelling.
   31         (3) A person who violates this section commits a
   32  misdemeanor of the second degree, punishable as provided in s.
   33  775.082 or s. 775.083.
   34         (4) Before a person may be arrested for a violation of this
   35  section, a law enforcement officer as defined in s. 943.10 or
   36  any local, state, federal, or military law enforcement agency
   37  must go as near to the person as may be done with safety and
   38  shall command any person picketing or protesting before or about
   39  the dwelling of a person to immediately and peaceably disperse.
   40  If any such person does not thereupon immediately and peaceably
   41  disperse, he or she may be arrested for a violation of this
   42  section.
   43         Section 2. This act shall take effect October 1, 2022.