Residential Picketing and Unlawful Protest Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Residential Picketing or Protesting

What the State must prove (s. 810.15(2); Fla. Std. Jury Instr. (Crim.) 13.7, Elements):

1. You picketed or protested before or about the dwelling of the person named.
2. You did so with the intent to harass or disturb that person in his or her dwelling.

A "dwelling" is a building, structure, or part of one that is occupied, designed, or intended as a residence by one or more families.

The warning requirement. Before anyone can be arrested under this law, a law enforcement officer or agency must go as near as safely possible and command the people picketing or protesting before or about the home to immediately and peaceably disperse. Only someone who does not then immediately and peaceably disperse may be arrested.

Penalty: second-degree misdemeanor (up to 60 days and a $500 fine).

Protests Near a Funeral or Burial

What the State must prove (s. 871.015; Instr. 30.8, Elements):

1. You knowingly engaged in protest activities, or knowingly caused them to occur, within 500 feet of the property line of a residence, cemetery, funeral home, house of worship, or other location.
2. You knew the protest activities occurred, or would occur, during a funeral or burial at that location, or within one hour before or one hour after it. If you caused others to protest, the State must also prove the protest actually took place in that window.

"Protest activities" means any actions, including picketing, undertaken with the intent to interrupt or disturb a funeral or burial.

Funeral processions. The law does not prohibit protest activities next to the part of a funeral procession that extends beyond 500 feet of the property line of the funeral or burial location. The instruction notes it is unclear whether this exception is an element the State must disprove or an affirmative defense, and leaves that question to the judge.

Penalty: first-degree misdemeanor (up to 1 year and a $1,000 fine).

Defense Themes

• No lawful dispersal command. For residential picketing, the statute requires a command to disperse before arrest. Whether one was given, how, and whether you had a chance to comply are central questions.
• Intent. The State must prove intent to harass or disturb the resident, or intent to interrupt or disturb a funeral. Being present at a demonstration is not enough.
• Distance and timing. 500 feet from the property line and one hour before or after are measurable facts. We check them.
• Knowledge. Did you know a funeral or burial was taking place?
• The First Amendment. Peaceful protest is generally protected speech. These laws regulate time and place, and they must be applied within constitutional limits.

What to Do First

1. If police order you to disperse, comply and raise your objections later, in court.
2. Save video, photos, and witness names showing where you were, when, and what was said.
3. Do not discuss the event with police without a lawyer.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is it illegal to protest on a residential street?

Not by itself. The residential picketing law requires picketing or protesting before or about a person's home with the intent to harass or disturb that person there, and a dispersal command before arrest.

Can I be arrested at a protest without a warning?

Under the residential picketing law, police must first command people to disperse. Other charges, such as disorderly conduct or trespass, have their own rules.

What if I organized the protest but wasn't there?

Under the funeral-protest law, knowingly causing protest activities can be charged, but the State must prove the protest actually happened within the time window.