Florida Statutes

Fla. Stat. § 871.015 (2025)

Unlawful protests.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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871.015 Unlawful protests.—

(1) As used in this section, the term:

(a) “Funeral or burial” means a service or ceremony offered or provided in connection with the final disposition, memorialization, interment, entombment, or inurnment of human remains or cremated human remains.

(b) “Funeral procession” has the same meaning as provided in s. 316.1974.

(c) “Protest activities” means any action, including picketing, which is undertaken with the intent to interrupt or disturb a funeral or burial.

(2) A person may not knowingly engage in protest activities or knowingly cause protest activities to occur within 500 feet of the property line of a residence, cemetery, funeral home, house of worship, or other location during or within 1 hour before or 1 hour after the conducting of a funeral or burial at that place. This subsection does not prohibit protest activities that occur adjacent to that portion of a funeral procession which extends beyond 500 feet of the property line of the location of the funeral or burial.

(3) A person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 1, ch. 2013-19; s. 166, ch. 2014-17.

Arrestable Offenses under F.S. 871.015

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§871.015(3)DISTURBING PEACEUNLAWFUL PROTEST FUNERAL BURIAL W/ 500 FT PROPM · 1st

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-05, 157 So. 3d 1027 (Fla. 2015).

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In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-05, 157 So. 3d 1027 (Fla. 2015). · cites it 3× “§ 871.015, Fla. Stat., is unclear whether the provision below is an element of the crime or an affirmative defense.”

— 871.015(1) — 1 case

In Re Stand. Jury Instructions in Crim. Cases—report No. 2014-05, 157 So. 3d 1027 (Fla. 2015). “§ 871.015, Fla. Stat., is unclear whether the provision below is an element of the crime or an affirmative defense.”

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