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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in s. 775.082 or s. 775.083.

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     Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.