| 1 | A bill to be entitled |
| 2 | An act relating to the public display of a noose; creating |
| 3 | s. 876.211, F.S.; prohibiting a person from placing a |
| 4 | noose in a public place, on the property of another |
| 5 | without first obtaining the written permission of the |
| 6 | owner or occupier of the property, or in an exhibit of any |
| 7 | kind with the intention of intimidating another person; |
| 8 | providing circumstances under which the provisions of the |
| 9 | act apply; providing that a person who violates the act |
| 10 | commits a misdemeanor of the first degree; providing |
| 11 | criminal penalties; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 876.211, Florida Statutes, is created |
| 16 | to read: |
| 17 | 876.211 Prohibition against public display of a noose; |
| 18 | exceptions; penalty.- |
| 19 | (1) A person may not place a noose or cause a noose to be |
| 20 | placed: |
| 21 | (a) In a public place in this state. |
| 22 | (b) On the property of another person in this state |
| 23 | without first obtaining the written permission of the owner or |
| 24 | occupier of the property. |
| 25 | (c) In an exhibit of any kind with the intention of |
| 26 | intimidating another person, preventing another person from |
| 27 | doing any act that is lawful, or causing another person to do |
| 28 | any act that is unlawful. |
| 29 | (2) Subsection (1) applies only if the person placed or |
| 30 | exhibited the noose with the intent to: |
| 31 | (a) Deprive another person or class of persons of the |
| 32 | equal protection of the laws of this state or of equal |
| 33 | privileges and immunities under the laws of this state or for |
| 34 | the purpose of preventing the constituted authorities of this |
| 35 | state or any subdivision thereof from, or hindering them in, |
| 36 | giving or securing to all persons within this state the equal |
| 37 | protection of the laws of this state; |
| 38 | (b) By force or threat of force, injure, intimidate, or |
| 39 | interfere with another person because of the person's exercise |
| 40 | of any right secured by federal, state, or local law or to |
| 41 | intimidate another person or class of persons from exercising |
| 42 | any right secured by federal, state, or local law; or |
| 43 | (c) Intimidate, threaten, abuse, or harass another person. |
| 44 | (3) A person who violates subsection (1) commits a |
| 45 | misdemeanor of the first degree, punishable as provided in s. |
| 46 | 775.082 or s. 775.083. |
| 47 | Section 2. This act shall take effect July 1, 2010. |