SB 1664 — Residential Picketing

Florida Senate - 2022 CS for CS for SB 1664 By the CommitteesCommittee on Rules;Judiciary;

and Judiciary;Senators Perry and Boyd 590-02522-22 20221664c1 A bill to be entitled An act relating to unlawful assemblies;

andamending Senatorss. Perry and Boyd 595-03328-22 20221664c2 A bill to be entitled An act relating to residential picketing;

creating870.02, s.F.S.;

810.15,prohibiting F.S.;a person or persons from picketing or protesting before or about the residence or dwelling of any person with specified intent;

prohibiting a person from picketing or protesting before or about the dwelling of a person with specified intent;

requiring a specified warning before arresting a person for a certain violation;

WHEREAS,9 theBe stateIt hasEnacted aby significant interest in protecting the tranquilityLegislature and privacy of the homeState and protecting citizens from the detrimental effect of targetedFlorida: picketing, and WHEREAS, the Supreme Court of the United States recognized this interest in upholding a challenged ordinance restricting residential picketing in Frisby v.

Schultz, 487 U.S.

474 (1988), NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida:

Section 810.15,870.02, Florida Statutes, is createdamended to read:

810.15870.02 ResidentialUnlawful picketing.—assemblies.— (1)(1)(a) AsIf usedthree inor thismore section,persons themeet termtogether “dwelling”to meanscommit anya building,breach structure,of the peace, or portionto thereofdo whichany isother occupiedunlawful as,act, oreach designedof orthem intendedcommits fora occupancymisdemeanor as,of athe residencesecond bydegree, onepunishable oras moreprovided families.in s.

(2)775.082 It is unlawful for a person to picket or protests. before or about the dwelling of a person with the intent to harass or Page 1 of 2 CODING:

775.083.

(b)(2) A person arrested for a violation of paragraph (a) this section shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903.

(2)(a) In an effort to serve the state’s significant interest in protecting the well-being, tranquility, and privacy of the home and protecting residents from the detrimental effect of targeted picketing, it is unlawful for a person or persons to picket or protest before or about the residence or dwelling of any person with the intent to harass or disturb that person in his or her home.

As used in this paragraph, the term “dwelling” means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a Page 1 of 2 CODING:

Florida Senate - 2022 CS for CS for SB 1664 595-03328-22590-02522-22 20221664c220221664c1 disturbresidence thatby personone in his or hermore dwelling.families.

(3)(b) A person who violates thisparagraph section(a) commits a misdemeanor of the second degree, punishable as provided in s.

(4) Before a person may be arrested for a violation of this section, a law enforcement officer as defined in s.

943.10 or any local, state, federal, or military law enforcement agency must go as near to the person as may be done with safety and shall command any person picketing or protesting before or about the dwelling of a person to immediately and peaceably disperse.

If any such person does not thereupon immediately and peaceably disperse, he or she may be arrested for a violation of this section.