Bill Text: FL S1172 | 2022 | Regular Session | Introduced
Bill Title: Criminal Justice
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-03-14 - Died in Judiciary [S1172 Detail]
Download: Florida-2022-S1172-Introduced.html
Florida Senate - 2022 SB 1172
By Senator Jones
35-00883-22 20221172__
1 A bill to be entitled
2 An act relating to criminal justice; amending s.
3 166.241, F.S.; deleting provisions relating to
4 allowing specified elected officials to file an appeal
5 to the Administration Commission if the governing body
6 of a municipality makes a specified reduction to the
7 operating budget of the municipal law enforcement
8 agency; deleting petition contents requirements;
9 deleting a provision requiring the Executive Office of
10 the Governor to conduct a budget hearing considering
11 the matter and make findings and recommendations to
12 the Administration Commission; deleting a provision
13 requiring the commission to approve, amend, or modify
14 the municipality’s budget; amending s. 768.28, F.S.;
15 deleting provisions providing that a municipality has
16 a duty to allow the municipal law enforcement agency
17 to respond to a riot or an unlawful assembly in a
18 specified manner based on specified circumstances;
19 deleting provisions providing that a municipality is
20 civilly liable for specified damages proximately
21 caused by the municipality’s specified breach of such
22 duty; amending s. 784.011, F.S.; deleting a criminal
23 penalty for an assault committed in furtherance of a
24 riot or an aggravated riot; amending s. 784.021, F.S.;
25 deleting a provision increasing the offense severity
26 ranking of an aggravated assault for the purposes of
27 the Criminal Punishment Code if committed in
28 furtherance of a riot or an aggravated riot; amending
29 s. 784.03, F.S.; deleting a criminal penalty for a
30 battery committed in furtherance of a riot or an
31 aggravated riot; conforming a provision to changes
32 made by the act; amending s. 784.045, F.S.; deleting a
33 provision increasing the offense severity ranking of
34 an aggravated battery for the purposes of the Criminal
35 Punishment Code if committed in furtherance of a riot
36 or an aggravated riot; repealing s. 784.0495, F.S.,
37 relating to mob intimidation; amending s. 784.07,
38 F.S.; deleting a provision requiring a minimum term of
39 imprisonment for a person convicted of battery on a
40 law enforcement officer committed in furtherance of a
41 riot or an aggravated riot; deleting a provision
42 increasing the offense severity ranking of an assault
43 or battery against specified persons for the purposes
44 of the Criminal Punishment Code if committed in
45 furtherance of a riot or an aggravated riot; amending
46 s. 806.13, F.S.; deleting a criminal penalty
47 prohibiting the defacing, injuring, or damaging of a
48 memorial or historic property; deleting a provision
49 requiring a court to order restitution for such a
50 violation; repealing s. 806.135, F.S., relating to
51 destroying or demolishing a memorial or historic
52 property; amending s. 810.02, F.S.; deleting
53 provisions reclassifying specified burglary offenses
54 committed during a riot or an aggravated riot and
55 facilitated by conditions arising from the riot;
56 deleting the definition of the term “conditions
57 arising from the riot”; deleting a provision requiring
58 a person arrested for such a violation to be held in
59 custody until first appearance; amending s. 812.014,
60 F.S.; deleting provisions reclassifying specified
61 theft offenses committed during a riot or an
62 aggravated riot and facilitated by conditions arising
63 from the riot; deleting the definition of the term
64 “conditions arising from the riot”; deleting
65 provisions requiring a person arrested for such a
66 violation to be held in custody until first
67 appearance; repealing s. 836.115, F.S., relating to
68 cyberintimidation by publication; amending s. 870.01,
69 F.S.; revising provisions relating to affrays and
70 riots; deleting criminal penalties relating to
71 aggravated rioting; deleting a provision relating to
72 inciting a riot; deleting criminal penalties relating
73 to aggravated inciting a riot; deleting a provision
74 requiring certain persons arrested for specified
75 violations to be held in custody until first
76 appearance; amending s. 870.02, F.S.; deleting a
77 provision requiring that persons arrested for unlawful
78 assembly be held in custody until first appearance;
79 reviving, reenacting, and amending s. 870.03, F.S.,
80 relating to riots and routs; making a technical
81 change; repealing s. 870.07, F.S., relating to an
82 affirmative defense in a civil action and parties
83 convicted of rioting; amending s. 872.02, F.S.;
84 deleting a provision increasing the offense severity
85 ranking of specified offenses involving graves and
86 tombs for the purposes of the Criminal Punishment Code
87 if committed in furtherance of a riot or an aggravated
88 riot; amending s. 921.0022, F.S.; conforming
89 provisions to changes made by the act; providing an
90 effective date.
91
92 Be It Enacted by the Legislature of the State of Florida:
93
94 Section 1. Subsections (4), (5), and (8) of section
95 166.241, Florida Statutes, are amended to read:
96 166.241 Fiscal years, budgets, appeal of municipal law
97 enforcement agency budget, and budget amendments.—
98 (4)(a) If the tentative budget of a municipality contains a
99 funding reduction to the operating budget of the municipal law
100 enforcement agency, the state attorney for the judicial circuit
101 in which the municipality is located, or a member of the
102 governing body who objects to the funding reduction, may file an
103 appeal by petition to the Administration Commission within 30
104 days after the day the tentative budget is posted to the
105 official website of the municipality under subsection (3). The
106 petition must set forth the tentative budget proposed by the
107 municipality, in the form and manner prescribed by the Executive
108 Office of the Governor and approved by the Administration
109 Commission, the operating budget of the municipal law
110 enforcement agency as approved by the municipality for the
111 previous year, and state the reasons or grounds for the appeal.
112 The petition shall be filed with the Executive Office of the
113 Governor and a copy served upon the governing body of the
114 municipality or to the clerk of the circuit court of the county
115 in which the municipality is located.
116 (b) The governing body of the municipality has 5 working
117 days after service of a copy of the petition to file a reply
118 with the Executive Office of the Governor and shall serve a copy
119 of such reply to the petitioner.
120 (5) Upon receipt of the petition, the Executive Office of
121 the Governor shall provide for a budget hearing at which the
122 matters presented in the petition and the reply shall be
123 considered. A report of the findings and recommendations of the
124 Executive Office of the Governor thereon shall be promptly
125 submitted to the Administration Commission, which, within 30
126 days, shall approve the action of the governing body of the
127 municipality or amend or modify the budget as to each separate
128 item within the operating budget of the municipal law
129 enforcement agency. The budget as approved, amended, or modified
130 by the Administration Commission shall be final.
131 (6)(8) If the governing body of a municipality amends the
132 budget pursuant to paragraph (5)(c) paragraph (7)(c), the
133 adopted amendment must be posted on the official website of the
134 municipality within 5 days after adoption and must remain on the
135 website for at least 2 years. If the municipality does not
136 operate an official website, the municipality must, within a
137 reasonable period of time as established by the county or
138 counties in which the municipality is located, transmit the
139 adopted amendment to the manager or administrator of such county
140 or counties who shall post the adopted amendment on the county’s
141 website.
142 Section 2. Subsection (5) of section 768.28, Florida
143 Statutes, is amended to read:
144 768.28 Waiver of sovereign immunity in tort actions;
145 recovery limits; civil liability for damages caused during a
146 riot; limitation on attorney fees; statute of limitations;
147 exclusions; indemnification; risk management programs.—
148 (5)(a) The state and its agencies and subdivisions shall be
149 liable for tort claims in the same manner and to the same extent
150 as a private individual under like circumstances, but liability
151 shall not include punitive damages or interest for the period
152 before judgment. Neither the state nor its agencies or
153 subdivisions shall be liable to pay a claim or a judgment by any
154 one person which exceeds the sum of $200,000 or any claim or
155 judgment, or portions thereof, which, when totaled with all
156 other claims or judgments paid by the state or its agencies or
157 subdivisions arising out of the same incident or occurrence,
158 exceeds the sum of $300,000. However, a judgment or judgments
159 may be claimed and rendered in excess of these amounts and may
160 be settled and paid pursuant to this act up to $200,000 or
161 $300,000, as the case may be; and that portion of the judgment
162 that exceeds these amounts may be reported to the Legislature,
163 but may be paid in part or in whole only by further act of the
164 Legislature. Notwithstanding the limited waiver of sovereign
165 immunity provided herein, the state or an agency or subdivision
166 thereof may agree, within the limits of insurance coverage
167 provided, to settle a claim made or a judgment rendered against
168 it without further action by the Legislature, but the state or
169 agency or subdivision thereof shall not be deemed to have waived
170 any defense of sovereign immunity or to have increased the
171 limits of its liability as a result of its obtaining insurance
172 coverage for tortious acts in excess of the $200,000 or $300,000
173 waiver provided above. The limitations of liability set forth in
174 this subsection shall apply to the state and its agencies and
175 subdivisions whether or not the state or its agencies or
176 subdivisions possessed sovereign immunity before July 1, 1974.
177 (b) A municipality has a duty to allow the municipal law
178 enforcement agency to respond appropriately to protect persons
179 and property during a riot or an unlawful assembly based on the
180 availability of adequate equipment to its municipal law
181 enforcement officers and relevant state and federal laws. If the
182 governing body of a municipality or a person authorized by the
183 governing body of the municipality breaches that duty, the
184 municipality is civilly liable for any damages, including
185 damages arising from personal injury, wrongful death, or
186 property damages proximately caused by the municipality’s breach
187 of duty. The sovereign immunity recovery limits in paragraph (a)
188 do not apply to an action under this paragraph.
189 Section 3. Subsections (2) and (3) of section 784.011,
190 Florida Statutes, are amended to read:
191 784.011 Assault.—
192 (2) Except as provided in subsection (3), A person who
193 assaults another person commits a misdemeanor of the second
194 degree, punishable as provided in s. 775.082 or s. 775.083.
195 (3) A person who assaults another person in furtherance of
196 a riot or an aggravated riot prohibited under s. 870.01 commits
197 a misdemeanor of the first degree, punishable as provided in s.
198 775.082 or s. 775.083.
199 Section 4. Subsection (3) of section 784.021, Florida
200 Statutes, is amended to read:
201 784.021 Aggravated assault.—
202 (3) For the purposes of sentencing under chapter 921, a
203 violation of this section committed by a person acting in
204 furtherance of a riot or an aggravated riot prohibited under s.
205 870.01 is ranked one level above the ranking under s. 921.0022
206 for the offense committed.
207 Section 5. Subsections (1) and (3) of section 784.03,
208 Florida Statutes, are amended to read:
209 784.03 Battery; felony battery.—
210 (1)(a) The offense of battery occurs when a person:
211 1. Actually and intentionally touches or strikes another
212 person against the will of the other; or
213 2. Intentionally causes bodily harm to another person.
214 (b) Except as provided in subsection (2) or subsection (3),
215 a person who commits battery commits a misdemeanor of the first
216 degree, punishable as provided in s. 775.082 or s. 775.083.
217 (3) A person who commits a battery in furtherance of a riot
218 or an aggravated riot prohibited under s. 870.01 commits a
219 felony of the third degree, punishable as provided in s.
220 775.082, s. 775.083, or 775.084.
221 Section 6. Subsection (3) of section 784.045, Florida
222 Statutes, is amended to read:
223 784.045 Aggravated battery.—
224 (3) For the purposes of sentencing under chapter 921, a
225 violation of this section committed by a person acting in
226 furtherance of a riot or an aggravated riot prohibited under s.
227 870.01 is ranked one level above the ranking under s. 921.0022
228 for the offense committed.
229 Section 7. Section 784.0495, Florida Statutes, is repealed.
230 Section 8. Subsections (2) and (4) of section 784.07,
231 Florida Statutes, are amended to read:
232 784.07 Assault or battery of law enforcement officers,
233 firefighters, emergency medical care providers, public transit
234 employees or agents, or other specified officers;
235 reclassification of offenses; minimum sentences.—
236 (2) Whenever any person is charged with knowingly
237 committing an assault or battery upon a law enforcement officer,
238 a firefighter, an emergency medical care provider, a railroad
239 special officer, a traffic accident investigation officer as
240 described in s. 316.640, a nonsworn law enforcement agency
241 employee who is certified as an agency inspector, a blood
242 alcohol analyst, or a breath test operator while such employee
243 is in uniform and engaged in processing, testing, evaluating,
244 analyzing, or transporting a person who is detained or under
245 arrest for DUI, a law enforcement explorer, a traffic infraction
246 enforcement officer as described in s. 316.640, a parking
247 enforcement specialist as defined in s. 316.640, a person
248 licensed as a security officer as defined in s. 493.6101 and
249 wearing a uniform that bears at least one patch or emblem that
250 is visible at all times that clearly identifies the employing
251 agency and that clearly identifies the person as a licensed
252 security officer, or a security officer employed by the board of
253 trustees of a community college, while the officer, firefighter,
254 emergency medical care provider, railroad special officer,
255 traffic accident investigation officer, traffic infraction
256 enforcement officer, inspector, analyst, operator, law
257 enforcement explorer, parking enforcement specialist, public
258 transit employee or agent, or security officer is engaged in the
259 lawful performance of his or her duties, the offense for which
260 the person is charged shall be reclassified as follows:
261 (a) In the case of assault, from a misdemeanor of the
262 second degree to a misdemeanor of the first degree.
263 (b) In the case of battery, from a misdemeanor of the first
264 degree to a felony of the third degree. Notwithstanding any
265 other provision of law, a person convicted of battery upon a law
266 enforcement officer committed in furtherance of a riot or an
267 aggravated riot prohibited under s. 870.01 shall be sentenced to
268 a minimum term of imprisonment of 6 months.
269 (c) In the case of aggravated assault, from a felony of the
270 third degree to a felony of the second degree. Notwithstanding
271 any other provision of law, any person convicted of aggravated
272 assault upon a law enforcement officer shall be sentenced to a
273 minimum term of imprisonment of 3 years.
274 (d) In the case of aggravated battery, from a felony of the
275 second degree to a felony of the first degree. Notwithstanding
276 any other provision of law, any person convicted of aggravated
277 battery of a law enforcement officer shall be sentenced to a
278 minimum term of imprisonment of 5 years.
279 (4) For purposes of sentencing under chapter 921, a felony
280 violation of this section committed by a person acting in
281 furtherance of a riot or an aggravated riot prohibited under s.
282 870.01 is ranked one level above the ranking under s. 921.0022
283 for the offense committed.
284 Section 9. Subsections (3) and (9) of section 806.13,
285 Florida Statutes, are amended to read:
286 806.13 Criminal mischief; penalties; penalty for minor.—
287 (3) Any person who, without the consent of the owner
288 thereof, willfully and maliciously defaces, injures, or
289 otherwise damages by any means a memorial or historic property,
290 as defined in s. 806.135(1), and the value of the damage to the
291 memorial or historic property is greater than $200, commits a
292 felony of the third degree, punishable as provided in s.
293 775.082, s. 775.083, or s. 775.084. A court shall order any
294 person convicted of violating this subsection to pay
295 restitution, which shall include the full cost of repair or
296 replacement of such memorial or historic property.
297 (8)(9) A minor whose driver license or driving privilege is
298 revoked, suspended, or withheld under subsection (7) (8) may
299 elect to reduce the period of revocation, suspension, or
300 withholding by performing community service at the rate of 1 day
301 for each hour of community service performed. In addition, if
302 the court determines that due to a family hardship, the minor’s
303 driver license or driving privilege is necessary for employment
304 or medical purposes of the minor or a member of the minor’s
305 family, the court shall order the minor to perform community
306 service and reduce the period of revocation, suspension, or
307 withholding at the rate of 1 day for each hour of community
308 service performed. As used in this subsection, the term
309 “community service” means cleaning graffiti from public
310 property.
311 Section 10. Section 806.135, Florida Statutes, is repealed.
312 Section 11. Subsections (3) and (4) of section 810.02,
313 Florida Statutes, are amended to read:
314 810.02 Burglary.—
315 (3) Burglary is a felony of the second degree, punishable
316 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
317 course of committing the offense, the offender does not make an
318 assault or battery and is not and does not become armed with a
319 dangerous weapon or explosive, and the offender enters or
320 remains in a:
321 (a) Dwelling, and there is another person in the dwelling
322 at the time the offender enters or remains;
323 (b) Dwelling, and there is not another person in the
324 dwelling at the time the offender enters or remains;
325 (c) Structure, and there is another person in the structure
326 at the time the offender enters or remains;
327 (d) Conveyance, and there is another person in the
328 conveyance at the time the offender enters or remains;
329 (e) Authorized emergency vehicle, as defined in s. 316.003;
330 or
331 (f) Structure or conveyance when the offense intended to be
332 committed therein is theft of a controlled substance as defined
333 in s. 893.02. Notwithstanding any other law, separate judgments
334 and sentences for burglary with the intent to commit theft of a
335 controlled substance under this paragraph and for any applicable
336 possession of controlled substance offense under s. 893.13 or
337 trafficking in controlled substance offense under s. 893.135 may
338 be imposed when all such offenses involve the same amount or
339 amounts of a controlled substance.
340
341 However, if the burglary is committed during a riot or an
342 aggravated riot prohibited under s. 870.01 and the perpetration
343 of the burglary is facilitated by conditions arising from the
344 riot; or within a county that is subject to a state of emergency
345 declared by the Governor under chapter 252 after the declaration
346 of emergency is made and the perpetration of the burglary is
347 facilitated by conditions arising from the emergency, the
348 burglary is a felony of the first degree, punishable as provided
349 in s. 775.082, s. 775.083, or s. 775.084. As used in this
350 subsection, the term “conditions arising from the riot” means
351 civil unrest, power outages, curfews, or a reduction in the
352 presence of or response time for first responders or homeland
353 security personnel and the term “conditions arising from the
354 emergency” means civil unrest, power outages, curfews, voluntary
355 or mandatory evacuations, or a reduction in the presence of or
356 response time for first responders or homeland security
357 personnel. A person arrested for committing a burglary during a
358 riot or an aggravated riot or within a county that is subject to
359 such a state of emergency may not be released until the person
360 appears before a committing magistrate at a first appearance
361 hearing. For purposes of sentencing under chapter 921, a felony
362 offense that is reclassified under this subsection is ranked one
363 level above the ranking under s. 921.0022 or s. 921.0023 of the
364 offense committed.
365 (4) Burglary is a felony of the third degree, punishable as
366 provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
367 course of committing the offense, the offender does not make an
368 assault or battery and is not and does not become armed with a
369 dangerous weapon or explosive, and the offender enters or
370 remains in a:
371 (a) Structure, and there is not another person in the
372 structure at the time the offender enters or remains; or
373 (b) Conveyance, and there is not another person in the
374 conveyance at the time the offender enters or remains.
375
376 However, if the burglary is committed during a riot or an
377 aggravated riot prohibited under s. 870.01 and the perpetration
378 of the burglary is facilitated by conditions arising from the
379 riot; or within a county that is subject to a state of emergency
380 declared by the Governor under chapter 252 after the declaration
381 of emergency is made and the perpetration of the burglary is
382 facilitated by conditions arising from the emergency, the
383 burglary is a felony of the second degree, punishable as
384 provided in s. 775.082, s. 775.083, or s. 775.084. As used in
385 this subsection, the term terms “conditions arising from the
386 riot” and “conditions arising from the emergency” has have the
387 same meaning meanings as provided in subsection (3). A person
388 arrested for committing a burglary during a riot or an
389 aggravated riot or within a county that is subject to such a
390 state of emergency may not be released until the person appears
391 before a committing magistrate at a first appearance hearing.
392 For purposes of sentencing under chapter 921, a felony offense
393 that is reclassified under this subsection is ranked one level
394 above the ranking under s. 921.0022 or s. 921.0023 of the
395 offense committed.
396 Section 12. Paragraphs (b) and (c) of subsection (2) of
397 section 812.014, Florida Statutes, are amended to read:
398 812.014 Theft.—
399 (2)
400 (b)1. If the property stolen is valued at $20,000 or more,
401 but less than $100,000;
402 2. The property stolen is cargo valued at less than $50,000
403 that has entered the stream of interstate or intrastate commerce
404 from the shipper’s loading platform to the consignee’s receiving
405 dock;
406 3. The property stolen is emergency medical equipment,
407 valued at $300 or more, that is taken from a facility licensed
408 under chapter 395 or from an aircraft or vehicle permitted under
409 chapter 401; or
410 4. The property stolen is law enforcement equipment, valued
411 at $300 or more, that is taken from an authorized emergency
412 vehicle, as defined in s. 316.003,
413
414 the offender commits grand theft in the second degree,
415 punishable as a felony of the second degree, as provided in s.
416 775.082, s. 775.083, or s. 775.084. Emergency medical equipment
417 means mechanical or electronic apparatus used to provide
418 emergency services and care as defined in s. 395.002(9) or to
419 treat medical emergencies. Law enforcement equipment means any
420 property, device, or apparatus used by any law enforcement
421 officer as defined in s. 943.10 in the officer’s official
422 business. However, if the property is stolen during a riot or an
423 aggravated riot prohibited under s. 870.01 and the perpetration
424 of the theft is facilitated by conditions arising from the riot;
425 or within a county that is subject to a state of emergency
426 declared by the Governor under chapter 252, the theft is
427 committed after the declaration of emergency is made, and the
428 perpetration of the theft is facilitated by conditions arising
429 from the emergency, the theft is a felony of the first degree,
430 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
431 As used in this paragraph, the term “conditions arising from the
432 riot” means civil unrest, power outages, curfews, or a reduction
433 in the presence of or response time for first responders or
434 homeland security personnel and the term “conditions arising
435 from the emergency” means civil unrest, power outages, curfews,
436 voluntary or mandatory evacuations, or a reduction in the
437 presence of or response time for first responders or homeland
438 security personnel. A person arrested for committing a theft
439 during a riot or an aggravated riot or within a county that is
440 subject to a state of emergency may not be released until the
441 person appears before a committing magistrate at a first
442 appearance hearing. For purposes of sentencing under chapter
443 921, a felony offense that is reclassified under this paragraph
444 is ranked one level above the ranking under s. 921.0022 or s.
445 921.0023 of the offense committed.
446 (c) It is grand theft of the third degree and a felony of
447 the third degree, punishable as provided in s. 775.082, s.
448 775.083, or s. 775.084, if the property stolen is:
449 1. Valued at $750 or more, but less than $5,000.
450 2. Valued at $5,000 or more, but less than $10,000.
451 3. Valued at $10,000 or more, but less than $20,000.
452 4. A will, codicil, or other testamentary instrument.
453 5. A firearm.
454 6. A motor vehicle, except as provided in paragraph (a).
455 7. Any commercially farmed animal, including any animal of
456 the equine, avian, bovine, or swine class or other grazing
457 animal; a bee colony of a registered beekeeper; and aquaculture
458 species raised at a certified aquaculture facility. If the
459 property stolen is a commercially farmed animal, including an
460 animal of the equine, avian, bovine, or swine class or other
461 grazing animal; a bee colony of a registered beekeeper; or an
462 aquaculture species raised at a certified aquaculture facility,
463 a $10,000 fine shall be imposed.
464 8. Any fire extinguisher that, at the time of the taking,
465 was installed in any building for the purpose of fire prevention
466 and control. This subparagraph does not apply to a fire
467 extinguisher taken from the inventory at a point-of-sale
468 business.
469 9. Any amount of citrus fruit consisting of 2,000 or more
470 individual pieces of fruit.
471 10. Taken from a designated construction site identified by
472 the posting of a sign as provided for in s. 810.09(2)(d).
473 11. Any stop sign.
474 12. Anhydrous ammonia.
475 13. Any amount of a controlled substance as defined in s.
476 893.02. Notwithstanding any other law, separate judgments and
477 sentences for theft of a controlled substance under this
478 subparagraph and for any applicable possession of controlled
479 substance offense under s. 893.13 or trafficking in controlled
480 substance offense under s. 893.135 may be imposed when all such
481 offenses involve the same amount or amounts of a controlled
482 substance.
483
484 However, if the property is stolen during a riot or an
485 aggravated riot prohibited under s. 870.01 and the perpetration
486 of the theft is facilitated by conditions arising from the riot;
487 or within a county that is subject to a state of emergency
488 declared by the Governor under chapter 252, the property is
489 stolen after the declaration of emergency is made, and the
490 perpetration of the theft is facilitated by conditions arising
491 from the emergency, the offender commits a felony of the second
492 degree, punishable as provided in s. 775.082, s. 775.083, or s.
493 775.084, if the property is valued at $5,000 or more, but less
494 than $10,000, as provided under subparagraph 2., or if the
495 property is valued at $10,000 or more, but less than $20,000, as
496 provided under subparagraph 3. As used in this paragraph, the
497 term terms “conditions arising from a riot” and “conditions
498 arising from the emergency” has have the same meaning meanings
499 as provided in paragraph (b). A person arrested for committing a
500 theft during a riot or an aggravated riot or within a county
501 that is subject to a state of emergency may not be released
502 until the person appears before a committing magistrate at a
503 first appearance hearing. For purposes of sentencing under
504 chapter 921, a felony offense that is reclassified under this
505 paragraph is ranked one level above the ranking under s.
506 921.0022 or s. 921.0023 of the offense committed.
507 Section 13. Section 836.115, Florida Statutes, is repealed.
508 Section 14. Section 870.01, Florida Statutes, is amended to
509 read:
510 870.01 Affrays and riots.—
511 (1) A person commits an affray if he or she engages, by
512 mutual consent, in fighting with another person in a public
513 place to the terror of the people. A person who commits an
514 affray commits a misdemeanor of the first degree, punishable as
515 provided in s. 775.082 or s. 775.083.
516 (2) A person commits a riot if he or she willfully
517 participates in a violent public disturbance involving an
518 assembly of three or more persons, acting with a common intent
519 to assist each other in violent and disorderly conduct,
520 resulting in:
521 (a) Injury to another person;
522 (b) Damage to property; or
523 (c) Imminent danger of injury to another person or damage
524 to property.
525
526 A person who commits a riot commits a felony of the third
527 degree, punishable as provided in s. 775.082, s. 775.083, or s.
528 775.084.
529 (3) A person commits aggravated rioting if, in the course
530 of committing a riot, he or she:
531 (a) Participates with 25 or more other persons;
532 (b) Causes great bodily harm to a person not participating
533 in the riot;
534 (c) Causes property damage in excess of $5,000;
535 (d) Displays, uses, threatens to use, or attempts to use a
536 deadly weapon; or
537 (e) By force, or threat of force, endangers the safe
538 movement of a vehicle traveling on a public street, highway, or
539 road.
540
541 A person who commits aggravated rioting commits a felony of the
542 second degree, punishable as provided in s. 775.082, s. 775.083,
543 or s. 775.084.
544 (4) A person commits inciting a riot if he or she willfully
545 incites another person to participate in a riot, resulting in a
546 riot or imminent danger of a riot. A person who commits inciting
547 a riot commits a felony of the third degree, punishable as
548 provided in s. 775.082, s. 775.083, or s. 775.084.
549 (5) A person commits aggravated inciting a riot if he or
550 she:
551 (a) Incites a riot resulting in great bodily harm to
552 another person not participating in the riot;
553 (b) Incites a riot resulting in property damage in excess
554 of $5,000; or
555 (c) Supplies a deadly weapon to another person or teaches
556 another person to prepare a deadly weapon with intent that the
557 deadly weapon be used in a riot for an unlawful purpose.
558
559 A person who commits aggravated inciting a riot commits a felony
560 of the second degree, punishable as provided in s. 775.082, s.
561 775.083, or s. 775.084.
562 (6) Except for a violation of subsection (1), a person
563 arrested for a violation of this section shall be held in
564 custody until brought before the court for admittance to bail in
565 accordance with chapter 903.
566 (4)(7) This section does not prohibit constitutionally
567 protected activity such as a peaceful protest.
568 Section 15. Section 870.02, Florida Statutes, is amended to
569 read:
570 870.02 Unlawful assemblies.—
571 (1) If three or more persons meet together to commit a
572 breach of the peace, or to do any other unlawful act, each of
573 them commits a misdemeanor of the second degree, punishable as
574 provided in s. 775.082 or s. 775.083.
575 (2) A person arrested for a violation of this section shall
576 be held in custody until brought before the court for admittance
577 to bail in accordance with chapter 903.
578 Section 16. Notwithstanding the April 19, 2021, repeal of
579 section 870.03, Florida Statutes, that section is revived,
580 reenacted, and amended to read:
581 870.03 Riots and routs.—If any persons unlawfully assembled
582 demolish, pull down or destroy, or begin to demolish, pull down
583 or destroy, any dwelling house or other building, or any ship or
584 vessel, each such person commits of them shall be guilty of a
585 felony of the third degree, punishable as provided in s.
586 775.082, s. 775.083, or s. 775.084.
587 Section 17. Section 870.07, Florida Statutes, is repealed.
588 Section 18. Subsections (3) and (7) of section 872.02,
589 Florida Statutes, are amended to read:
590 872.02 Injuring or removing tomb or monument; disturbing
591 contents of grave or tomb; penalties.—
592 (3) For purposes of sentencing under chapter 921, a
593 violation of this section committed by a person in furtherance
594 of a riot or an aggravated riot prohibited under s. 870.01 is
595 ranked one level above the ranking under s. 921.0022 or s.
596 921.0023 for the offense committed.
597 (6)(7) If a legally authorized person refuses to sign a
598 written authorization, as provided in paragraph (5)(a) (6)(a),
599 or if a legally authorized person objects, as provided in
600 paragraph (5)(b) (6)(b), a public hearing shall be held before
601 the county commission of the county where the cemetery is
602 located, or the city council, if the cemetery is located in a
603 municipality, and the county commission or the city council
604 shall have the authority to grant a request for relocation of
605 the contents of such graves or tombs.
606 Section 19. Paragraphs (b), (c), and (d) of subsection (3)
607 of section 921.0022, Florida Statutes, are amended to read:
608 921.0022 Criminal Punishment Code; offense severity ranking
609 chart.—
610 (3) OFFENSE SEVERITY RANKING CHART
611 (b) LEVEL 2
612
613 FloridaStatute FelonyDegree Description
614 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
615 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
616 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
617 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
618 590.28(1) 3rd Intentional burning of lands.
619 784.03(3) 3rd Battery during a riot or an aggravated riot.
620 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
621 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
622 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
623 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
624 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
625 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
626 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
627 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
628 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
629 817.234(1)(a)2. 3rd False statement in support of insurance claim.
630 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
631 817.52(3) 3rd Failure to redeliver hired vehicle.
632 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
633 817.60(5) 3rd Dealing in credit cards of another.
634 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
635 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
636 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
637 831.01 3rd Forgery.
638 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
639 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
640 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
641 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
642 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
643 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
644 843.08 3rd False personation.
645 893.13(2)(a)2. 3rd Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
646 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
647 (c) LEVEL 3
648
649 FloridaStatute FelonyDegree Description
650 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
651 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
652 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
653 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
654 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
655 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
656 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
657 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
658 327.35(2)(b) 3rd Felony BUI.
659 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
660 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
661 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
662 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
663 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
664 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
665 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
666 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
667 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
668 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
669 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
670 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
671 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
672 697.08 3rd Equity skimming.
673 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
674 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
675 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
676 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
677 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
678 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
679 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
680 812.081(2) 3rd Theft of a trade secret.
681 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
682 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
683 817.233 3rd Burning to defraud insurer.
684 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
685 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
686 817.236 3rd Filing a false motor vehicle insurance application.
687 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
688 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
689 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
690 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
691 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
692 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
693 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
694 860.15(3) 3rd Overcharging for repairs and parts.
695 870.01(2) or (3) 3rd Riot; inciting a riot.
696 870.01(4) 3rd Inciting a riot.
697 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
698 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
699 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
700 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
701 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
702 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
703 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
704 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
705 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
706 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
707 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
708 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
709 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
710 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
711 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
712 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
713 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
714 (d) LEVEL 4
715
716 FloridaStatute FelonyDegree Description
717 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
718 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
719 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
720 517.07(1) 3rd Failure to register securities.
721 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
722 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
723 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
724 784.075 3rd Battery on detention or commitment facility staff.
725 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
726 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
727 784.081(3) 3rd Battery on specified official or employee.
728 784.082(3) 3rd Battery by detained person on visitor or other detainee.
729 784.083(3) 3rd Battery on code inspector.
730 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
731 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
732 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
733 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
734 787.07 3rd Human smuggling.
735 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
736 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
737 790.115(2)(c) 3rd Possessing firearm on school property.
738 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
739 806.135 2nd Destroying or demolishing a memorial or historic property.
740 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
741 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
742 810.06 3rd Burglary; possession of tools.
743 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
744 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
745 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
746 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
747 817.505(4)(a) 3rd Patient brokering.
748 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
749 817.568(2)(a) 3rd Fraudulent use of personal identification information.
750 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
751 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
752 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
753 837.02(1) 3rd Perjury in official proceedings.
754 837.021(1) 3rd Make contradictory statements in official proceedings.
755 838.022 3rd Official misconduct.
756 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
757 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
758 843.021 3rd Possession of a concealed handcuff key by a person in custody.
759 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
760 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
761 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
762 870.01(3) 2nd Aggravated rioting.
763 870.01(5) 2nd Aggravated inciting a riot.
764 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
765 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
766 914.14(2) 3rd Witnesses accepting bribes.
767 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
768 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
769 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
770 918.12 3rd Tampering with jurors.
771 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
772 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
773 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
774 Section 20. This act shall take effect upon becoming a law.
