Florida Senate - 2008 (Reformatted) SB 768
By Senator Bullard
39-02512-08 2008768__
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A bill to be entitled
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An act relating to the public display of a noose; creating
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s. 876.211, F.S.; prohibiting a person from placing a
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noose in a public place, on the property of another
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without first obtaining the written permission of the
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owner or occupier of the property, or in an exhibit of any
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kind with the intention of intimidating another person;
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providing circumstances under which the provisions of the
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act apply; providing that a person who violates any
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provision of the act commits a misdemeanor of the first
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degree; providing criminal penalties; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 876.211, Florida Statutes, is created to
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read:
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876.211 Prohibition against public display of a noose;
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exceptions; penalty.--
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(1) A person may not place a noose or cause a noose to be
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placed:
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(a) In a public place in this state.
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(b) On the property of another person in this state without
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first obtaining the written permission of the owner or occupier
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of the property.
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(c) In an exhibit of any kind with the intention of
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intimidating another person, preventing another person from doing
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any act that is lawful, or causing another person to do any act
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that is unlawful.
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(2) Subsection (1) applies only if the person placed or
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exhibited the noose with the intent to:
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(a) Deprive another person or class of persons of the equal
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protection of the laws of this state or of equal privileges and
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immunities under the laws of this state or for the purpose of
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preventing the constituted authorities of this state or any
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subdivision thereof from, or hindering them in, giving or
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securing to all persons within this state the equal protection of
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the laws of this state;
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(b) By force or threat of force, injure, intimidate, or
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interfere with another person because of the person's exercise of
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any right secured by federal, state, or local law or to
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intimidate another person or class of persons from exercising any
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right secured by federal, state, or local law; or
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(c) Intimidate, threaten, abuse, or harass another person.
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(3) A person who violates any provision of subsection (1)
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commits a misdemeanor of the first degree, punishable as provided
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Section 2. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.