Florida Senate - 2022 SB 450

By Senator Jones

35-00207-22 2022450__
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. 316.2045, F.S.;
15 revising the prohibition on obstructing traffic by
16 standing on the street, highway, or road; prohibiting
17 persons from willfully obstructing public streets,
18 highways, or roads under certain circumstances in
19 order to solicit; providing criminal penalties;
20 providing exceptions; authorizing appropriate local
21 governments to issue permits for the use of streets,
22 roads, or rights-of-way not maintained by the state;
23 providing exemptions for certain charitable
24 solicitation activities; providing requirements;
25 providing construction; amending s. 768.28, F.S.;
26 deleting provisions providing that a municipality has
27 a duty to allow the municipal law enforcement agency
28 to respond to a riot or an unlawful assembly in a
29 specified manner based on specified circumstances;
30 deleting provisions providing that a municipality is
31 civilly liable for specified damages proximately
32 caused by the municipality’s specified breach of such
33 duty; amending s. 784.011, F.S.; deleting a criminal
34 penalty for an assault committed in furtherance of a
35 riot or an aggravated riot; amending s. 784.021, F.S.;
36 deleting a provision increasing the offense severity
37 ranking of an aggravated assault for the purposes of
38 the Criminal Punishment Code if committed in
39 furtherance of a riot or an aggravated riot; amending
40 s. 784.03, F.S.; deleting a criminal penalty for a
41 battery committed in furtherance of a riot or an
42 aggravated riot; conforming a provision to changes
43 made by the act; amending s. 784.045, F.S.; deleting a
44 provision increasing the offense severity ranking of
45 an aggravated battery for the purposes of the Criminal
46 Punishment Code if committed in furtherance of a riot
47 or an aggravated riot; repealing s. 784.0495, F.S.,
48 relating to mob intimidation; amending s. 784.07,
49 F.S.; deleting a provision requiring a minimum term of
50 imprisonment for a person convicted of battery on a
51 law enforcement officer committed in furtherance of a
52 riot or an aggravated riot; deleting a provision
53 increasing the offense severity ranking of an assault
54 or battery against specified persons for the purposes
55 of the Criminal Punishment Code if committed in
56 furtherance of a riot or an aggravated riot; amending
57 s. 806.13, F.S.; deleting a criminal penalty
58 prohibiting the defacing, injuring, or damaging of a
59 memorial or historic property; deleting a provision
60 requiring a court to order restitution for such a
61 violation; repealing s. 806.135, F.S., relating to
62 destroying or demolishing a memorial or historic
63 property; amending s. 810.02, F.S.; deleting
64 provisions reclassifying specified burglary offenses
65 committed during a riot or an aggravated riot and
66 facilitated by conditions arising from the riot;
67 deleting the definition of the term “conditions
68 arising from the riot”; deleting a provision requiring
69 a person arrested for such a violation to be held in
70 custody until first appearance; amending s. 812.014,
71 F.S.; deleting provisions reclassifying specified
72 theft offenses committed during a riot or an
73 aggravated riot and facilitated by conditions arising
74 from the riot; deleting the definition of the term
75 “conditions arising from the riot”; deleting
76 provisions requiring a person arrested for such a
77 violation to be held in custody until first
78 appearance; repealing s. 836.115, F.S., relating to
79 cyberintimidation by publication; amending s. 870.01,
80 F.S.; revising provisions relating to affrays and
81 riots; providing criminal penalties for inciting or
82 encouraging a riot; deleting criminal penalties
83 relating to aggravated rioting; deleting criminal
84 penalties relating to inciting a riot and aggravated
85 inciting a riot; deleting a provision requiring
86 certain persons arrested for specified violations to
87 be held in custody until first appearance; amending s.
88 870.02, F.S.; deleting a provision requiring that
89 persons arrested for unlawful assembly be held in
90 custody until first appearance; reviving, reenacting,
91 and amending s. 870.03, F.S., relating to riots and
92 routs; making a technical change; repealing s. 870.07,
93 F.S., relating to an affirmative defense in a civil
94 action and parties convicted of rioting; amending s.
95 872.02, F.S.; deleting a provision increasing the
96 offense severity ranking of specified offenses
97 involving graves and tombs for the purposes of the
98 Criminal Punishment Code if committed in furtherance
99 of a riot or an aggravated riot; amending s. 921.0022,
100 F.S.; conforming provisions to changes made by the
101 act; providing an effective date.
102
103 Be It Enacted by the Legislature of the State of Florida:
104
105 Section 1. Section 166.241, Florida Statutes, is amended to
106 read:
107 166.241 Fiscal years, budgets, appeal of municipal law
108 enforcement agency budget, and budget amendments.—
109 (1) Each municipality shall establish a fiscal year
110 beginning October 1 of each year and ending September 30 of the
111 following year.
112 (2) The governing body of each municipality shall adopt a
113 budget each fiscal year. The budget must be adopted by ordinance
114 or resolution unless otherwise specified in the respective
115 municipality’s charter. The amount available from taxation and
116 other sources, including balances brought forward from prior
117 fiscal years, must equal the total appropriations for
118 expenditures and reserves. At a minimum, the adopted budget must
119 show for each fund, as required by law and sound financial
120 practices, budgeted revenues and expenditures by organizational
121 unit which are at least at the level of detail required for the
122 annual financial report under s. 218.32(1). The adopted budget
123 must regulate expenditures of the municipality, and an officer
124 of a municipal government may not expend or contract for
125 expenditures in any fiscal year except pursuant to the adopted
126 budget.
127 (3) The tentative budget must be posted on the
128 municipality’s official website at least 2 days before the
129 budget hearing, held pursuant to s. 200.065 or other law, to
130 consider such budget and must remain on the website for at least
131 45 days. The final adopted budget must be posted on the
132 municipality’s official website within 30 days after adoption
133 and must remain on the website for at least 2 years. If the
134 municipality does not operate an official website, the
135 municipality must, within a reasonable period of time as
136 established by the county or counties in which the municipality
137 is located, transmit the tentative budget and final budget to
138 the manager or administrator of such county or counties who
139 shall post the budgets on the county’s website.
140 (4)(a) If the tentative budget of a municipality contains a
141 funding reduction to the operating budget of the municipal law
142 enforcement agency, the state attorney for the judicial circuit
143 in which the municipality is located, or a member of the
144 governing body who objects to the funding reduction, may file an
145 appeal by petition to the Administration Commission within 30
146 days after the day the tentative budget is posted to the
147 official website of the municipality under subsection (3). The
148 petition must set forth the tentative budget proposed by the
149 municipality, in the form and manner prescribed by the Executive
150 Office of the Governor and approved by the Administration
151 Commission, the operating budget of the municipal law
152 enforcement agency as approved by the municipality for the
153 previous year, and state the reasons or grounds for the appeal.
154 The petition shall be filed with the Executive Office of the
155 Governor and a copy served upon the governing body of the
156 municipality or to the clerk of the circuit court of the county
157 in which the municipality is located.
158 (b) The governing body of the municipality has 5 working
159 days after service of a copy of the petition to file a reply
160 with the Executive Office of the Governor and shall serve a copy
161 of such reply to the petitioner.
162 (5) Upon receipt of the petition, the Executive Office of
163 the Governor shall provide for a budget hearing at which the
164 matters presented in the petition and the reply shall be
165 considered. A report of the findings and recommendations of the
166 Executive Office of the Governor thereon shall be promptly
167 submitted to the Administration Commission, which, within 30
168 days, shall approve the action of the governing body of the
169 municipality or amend or modify the budget as to each separate
170 item within the operating budget of the municipal law
171 enforcement agency. The budget as approved, amended, or modified
172 by the Administration Commission shall be final.
173 (4)(6) By each October 15, the municipal budget officer
174 shall electronically submit the following information regarding
175 the final budget and the municipality’s economic status to the
176 Office of Economic and Demographic Research in the format
177 specified by the office:
178 (a) Government spending per resident, including, at a
179 minimum, the spending per resident for the previous 5 fiscal
180 years.
181 (b) Government debt per resident, including, at a minimum,
182 the debt per resident for the previous 5 fiscal years.
183 (c) Average municipal employee salary.
184 (d) Median income within the municipality.
185 (e) Number of special taxing districts wholly or partially
186 within the municipality.
187 (f) Percent of budget spent on salaries and benefits for
188 municipal employees.
189 (g) Annual municipal expenditures providing for the
190 financing, acquisition, construction, reconstruction, or
191 rehabilitation of housing that is affordable, as that term is
192 defined in s. 420.0004. The reported expenditures must indicate
193 the source of such funds as “federal,” “state,” “local,” or
194 “other,” as applicable. This information must be included in the
195 submission due by October 15, 2020, and each annual submission
196 thereafter.
197 (5)(7) The governing body of each municipality at any time
198 within a fiscal year or within 60 days following the end of the
199 fiscal year may amend a budget for that year as follows:
200 (a) Appropriations for expenditures within a fund may be
201 decreased or increased by motion recorded in the minutes if the
202 total appropriations of the fund is not changed.
203 (b) The governing body may establish procedures by which
204 the designated budget officer may authorize budget amendments if
205 the total appropriations of the fund is not changed.
206 (c) If a budget amendment is required for a purpose not
207 specifically authorized in paragraph (a) or paragraph (b), the
208 budget amendment must be adopted in the same manner as the
209 original budget unless otherwise specified in the municipality’s
210 charter.
211 (6)(8) If the governing body of a municipality amends the
212 budget pursuant to paragraph (5)(c) paragraph (7)(c), the
213 adopted amendment must be posted on the official website of the
214 municipality within 5 days after adoption and must remain on the
215 website for at least 2 years. If the municipality does not
216 operate an official website, the municipality must, within a
217 reasonable period of time as established by the county or
218 counties in which the municipality is located, transmit the
219 adopted amendment to the manager or administrator of such county
220 or counties who shall post the adopted amendment on the county’s
221 website.
222 Section 2. Section 316.2045, Florida Statutes, is amended
223 to read:
224 316.2045 Obstruction of public streets, highways, and
225 roads.—
226 (1)(a) A person may not willfully obstruct the free,
227 convenient, and normal use of a public street, highway, or road
228 by:
229 1. Impeding, hindering, stifling, retarding, or restraining
230 traffic or passage thereon;
231 2. Standing on or approaching motor vehicles remaining in
232 the street, highway, or road; or
233 3. Endangering the safe movement of vehicles or pedestrians
234 traveling thereon.
235 (b) A person who violates paragraph (a) shall be cited for
236 a pedestrian violation, punishable as provided in chapter 318.
237 (c) This subsection does not prohibit a local governmental
238 entity from issuing a special event permit as authorized by law.
239 (2) It is unlawful, without proper authorization or a
240 lawful permit, for any person or persons willfully to obstruct
241 the free, convenient, and normal use of any public street,
242 highway, or road by any of the means specified in subsection (1)
243 in order to solicit. Any person who violates this subsection
244 commits a misdemeanor of the second degree, punishable as
245 provided in s. 775.082 or s. 775.083. Organizations qualified
246 under s. 501(c)(3) of the Internal Revenue Code and registered
247 pursuant to chapter 496, or persons or organizations acting on
248 their behalf, are exempted from this subsection for activities
249 on streets or roads not maintained by the state. Permits for the
250 use of any portion of a state-maintained road or right-of-way
251 shall be required only for those purposes and in the manner set
252 out in s. 337.406.
253 (3) Permits for the use of any street, road, or right-of
254 way not maintained by the state may be issued by the appropriate
255 local government. An organization that is qualified under s.
256 501(c)(3) of the Internal Revenue Code and registered under
257 chapter 496, or a person or an organization acting on behalf of
258 that organization, is exempt from local requirements for a
259 permit issued under this subsection for charitable solicitation
260 activities on or along streets or roads that are not maintained
261 by the state under the following conditions:
262 (a) The organization, or the person or organization acting
263 on behalf of the organization, must provide all of the following
264 to the local government:
265 1. No fewer than 14 calendar days before the proposed
266 solicitation, the name and address of the person or organization
267 that will perform the solicitation and the name and address of
268 the organization that will receive funds from the solicitation.
269 2. For review and comment, a plan for the safety of all
270 persons participating in the solicitation, as well as the
271 motoring public, at the locations where the solicitation will
272 take place.
273 3. Specific details of the location or locations of the
274 proposed solicitation and the hours during which the
275 solicitation activities will occur.
276 4. Proof of commercial general liability insurance against
277 claims for bodily injury and property damage occurring on
278 streets, roads, or rights-of-way or arising from the solicitor’s
279 activities or use of the streets, roads, or rights-of-way by the
280 solicitor or the solicitor’s agents, contractors, or employees.
281 The insurance must have a limit of not less than $1 million per
282 occurrence for the general aggregate. The certificate of
283 insurance must name the local government as an additional
284 insured and must be filed with the local government no later
285 than 72 hours before the date of the solicitation.
286 5. Proof of registration with the Department of Agriculture
287 and Consumer Services pursuant to s. 496.405 or proof that the
288 soliciting organization is exempt from the registration
289 requirement.
290 (b) Organizations or persons meeting the requirements of
291 subparagraphs (a)1.-5. may solicit for a period not to exceed 10
292 cumulative days within 1 calendar year.
293 (c) All solicitation must occur during daylight hours only.
294 (d) Solicitation activities may not interfere with the safe
295 and efficient movement of traffic and may not cause danger to
296 the participants or the public.
297 (e) A person engaging in solicitation activities may not
298 persist after solicitation has been denied, act in a demanding
299 or harassing manner, or use any sound- or voice-amplifying
300 apparatus or device.
301 (f) All persons participating in the solicitation must be
302 at least 18 years of age and possess photo identification.
303 (g) Signage providing notice of the solicitation must be
304 posted at least 500 feet before the site of the solicitation.
305 (h) The local government may stop solicitation activities
306 if any conditions or requirements of this subsection are not
307 met.
308 (4) This section may not be construed to inhibit political
309 campaigning on the public right-of-way or to require a permit
310 for such activity.
311 (5)(2) Notwithstanding subsection (1), any commercial
312 vehicle used solely for the purpose of collecting solid waste or
313 recyclable or recovered materials may stop or stand on any
314 public street, highway, or road for the sole purpose of
315 collecting solid waste or recyclable or recovered materials.
316 However, such solid waste or recyclable or recovered materials
317 collection vehicle shall show or display amber flashing hazard
318 lights at all times that it is engaged in stopping or standing
319 for the purpose of collecting solid waste or recyclable or
320 recovered materials. Local governments may establish reasonable
321 regulations governing the standing and stopping of such
322 commercial vehicles, provided that such regulations are applied
323 uniformly and without regard to the ownership of the vehicles.
324 Section 3. Section 768.28, Florida Statutes, is amended to
325 read:
326 768.28 Waiver of sovereign immunity in tort actions;
327 recovery limits; civil liability for damages caused during a
328 riot; limitation on attorney fees; statute of limitations;
329 exclusions; indemnification; risk management programs.—
330 (1) In accordance with s. 13, Art. X of the State
331 Constitution, the state, for itself and for its agencies or
332 subdivisions, hereby waives sovereign immunity for liability for
333 torts, but only to the extent specified in this act. Actions at
334 law against the state or any of its agencies or subdivisions to
335 recover damages in tort for money damages against the state or
336 its agencies or subdivisions for injury or loss of property,
337 personal injury, or death caused by the negligent or wrongful
338 act or omission of any employee of the agency or subdivision
339 while acting within the scope of the employee’s office or
340 employment under circumstances in which the state or such agency
341 or subdivision, if a private person, would be liable to the
342 claimant, in accordance with the general laws of this state, may
343 be prosecuted subject to the limitations specified in this act.
344 Any such action may be brought in the county where the property
345 in litigation is located or, if the affected agency or
346 subdivision has an office in such county for the transaction of
347 its customary business, where the cause of action accrued.
348 However, any such action against a state university board of
349 trustees shall be brought in the county in which that
350 university’s main campus is located or in the county in which
351 the cause of action accrued if the university maintains therein
352 a substantial presence for the transaction of its customary
353 business.
354 (2) As used in this act, “state agencies or subdivisions”
355 include the executive departments, the Legislature, the judicial
356 branch (including public defenders), and the independent
357 establishments of the state, including state university boards
358 of trustees; counties and municipalities; and corporations
359 primarily acting as instrumentalities or agencies of the state,
360 counties, or municipalities, including the Florida Space
361 Authority.
362 (3) Except for a municipality and the Florida Space
363 Authority, the affected agency or subdivision may, at its
364 discretion, request the assistance of the Department of
365 Financial Services in the consideration, adjustment, and
366 settlement of any claim under this act.
367 (4) Subject to the provisions of this section, any state
368 agency or subdivision shall have the right to appeal any award,
369 compromise, settlement, or determination to the court of
370 appropriate jurisdiction.
371 (5)(a) The state and its agencies and subdivisions shall be
372 liable for tort claims in the same manner and to the same extent
373 as a private individual under like circumstances, but liability
374 shall not include punitive damages or interest for the period
375 before judgment. Neither the state nor its agencies or
376 subdivisions shall be liable to pay a claim or a judgment by any
377 one person which exceeds the sum of $200,000 or any claim or
378 judgment, or portions thereof, which, when totaled with all
379 other claims or judgments paid by the state or its agencies or
380 subdivisions arising out of the same incident or occurrence,
381 exceeds the sum of $300,000. However, a judgment or judgments
382 may be claimed and rendered in excess of these amounts and may
383 be settled and paid pursuant to this act up to $200,000 or
384 $300,000, as the case may be; and that portion of the judgment
385 that exceeds these amounts may be reported to the Legislature,
386 but may be paid in part or in whole only by further act of the
387 Legislature. Notwithstanding the limited waiver of sovereign
388 immunity provided herein, the state or an agency or subdivision
389 thereof may agree, within the limits of insurance coverage
390 provided, to settle a claim made or a judgment rendered against
391 it without further action by the Legislature, but the state or
392 agency or subdivision thereof shall not be deemed to have waived
393 any defense of sovereign immunity or to have increased the
394 limits of its liability as a result of its obtaining insurance
395 coverage for tortious acts in excess of the $200,000 or $300,000
396 waiver provided above. The limitations of liability set forth in
397 this subsection shall apply to the state and its agencies and
398 subdivisions whether or not the state or its agencies or
399 subdivisions possessed sovereign immunity before July 1, 1974.
400 (b) A municipality has a duty to allow the municipal law
401 enforcement agency to respond appropriately to protect persons
402 and property during a riot or an unlawful assembly based on the
403 availability of adequate equipment to its municipal law
404 enforcement officers and relevant state and federal laws. If the
405 governing body of a municipality or a person authorized by the
406 governing body of the municipality breaches that duty, the
407 municipality is civilly liable for any damages, including
408 damages arising from personal injury, wrongful death, or
409 property damages proximately caused by the municipality’s breach
410 of duty. The sovereign immunity recovery limits in paragraph (a)
411 do not apply to an action under this paragraph.
412 (6)(a) An action may not be instituted on a claim against
413 the state or one of its agencies or subdivisions unless the
414 claimant presents the claim in writing to the appropriate
415 agency, and also, except as to any claim against a municipality,
416 county, or the Florida Space Authority, presents such claim in
417 writing to the Department of Financial Services, within 3 years
418 after such claim accrues and the Department of Financial
419 Services or the appropriate agency denies the claim in writing;
420 except that, if:
421 1. Such claim is for contribution pursuant to s. 768.31, it
422 must be so presented within 6 months after the judgment against
423 the tortfeasor seeking contribution has become final by lapse of
424 time for appeal or after appellate review or, if there is no
425 such judgment, within 6 months after the tortfeasor seeking
426 contribution has either discharged the common liability by
427 payment or agreed, while the action is pending against her or
428 him, to discharge the common liability; or
429 2. Such action is for wrongful death, the claimant must
430 present the claim in writing to the Department of Financial
431 Services within 2 years after the claim accrues.
432 (b) For purposes of this section, the requirements of
433 notice to the agency and denial of the claim pursuant to
434 paragraph (a) are conditions precedent to maintaining an action
435 but shall not be deemed to be elements of the cause of action
436 and shall not affect the date on which the cause of action
437 accrues.
438 (c) The claimant shall also provide to the agency the
439 claimant’s date and place of birth and social security number if
440 the claimant is an individual, or a federal identification
441 number if the claimant is not an individual. The claimant shall
442 also state the case style, tribunal, the nature and amount of
443 all adjudicated penalties, fines, fees, victim restitution fund,
444 and other judgments in excess of $200, whether imposed by a
445 civil, criminal, or administrative tribunal, owed by the
446 claimant to the state, its agency, officer or subdivision. If
447 there exists no prior adjudicated unpaid claim in excess of
448 $200, the claimant shall so state.
449 (d) For purposes of this section, complete, accurate, and
450 timely compliance with the requirements of paragraph (c) shall
451 occur prior to settlement payment, close of discovery or
452 commencement of trial, whichever is sooner; provided the ability
453 to plead setoff is not precluded by the delay. This setoff shall
454 apply only against that part of the settlement or judgment
455 payable to the claimant, minus claimant’s reasonable attorney’s
456 fees and costs. Incomplete or inaccurate disclosure of unpaid
457 adjudicated claims due the state, its agency, officer, or
458 subdivision, may be excused by the court upon a showing by the
459 preponderance of the evidence of the claimant’s lack of
460 knowledge of an adjudicated claim and reasonable inquiry by, or
461 on behalf of, the claimant to obtain the information from public
462 records. Unless the appropriate agency had actual notice of the
463 information required to be disclosed by paragraph (c) in time to
464 assert a setoff, an unexcused failure to disclose shall, upon
465 hearing and order of court, cause the claimant to be liable for
466 double the original undisclosed judgment and, upon further
467 motion, the court shall enter judgment for the agency in that
468 amount. Except as provided otherwise in this subsection, the
469 failure of the Department of Financial Services or the
470 appropriate agency to make final disposition of a claim within 6
471 months after it is filed shall be deemed a final denial of the
472 claim for purposes of this section. For purposes of this
473 subsection, in medical malpractice actions and in wrongful death
474 actions, the failure of the Department of Financial Services or
475 the appropriate agency to make final disposition of a claim
476 within 90 days after it is filed shall be deemed a final denial
477 of the claim. The statute of limitations for medical malpractice
478 actions and wrongful death actions is tolled for the period of
479 time taken by the Department of Financial Services or the
480 appropriate agency to deny the claim. The provisions of this
481 subsection do not apply to such claims as may be asserted by
482 counterclaim pursuant to s. 768.14.
483 (7) In actions brought pursuant to this section, process
484 shall be served upon the head of the agency concerned and also,
485 except as to a defendant municipality, county, or the Florida
486 Space Authority, upon the Department of Financial Services; and
487 the department or the agency concerned shall have 30 days within
488 which to plead thereto.
489 (8) No attorney may charge, demand, receive, or collect,
490 for services rendered, fees in excess of 25 percent of any
491 judgment or settlement.
492 (9)(a) An officer, employee, or agent of the state or of
493 any of its subdivisions may not be held personally liable in
494 tort or named as a party defendant in any action for any injury
495 or damage suffered as a result of any act, event, or omission of
496 action in the scope of her or his employment or function, unless
497 such officer, employee, or agent acted in bad faith or with
498 malicious purpose or in a manner exhibiting wanton and willful
499 disregard of human rights, safety, or property. However, such
500 officer, employee, or agent shall be considered an adverse
501 witness in a tort action for any injury or damage suffered as a
502 result of any act, event, or omission of action in the scope of
503 her or his employment or function. The exclusive remedy for
504 injury or damage suffered as a result of an act, event, or
505 omission of an officer, employee, or agent of the state or any
506 of its subdivisions or constitutional officers is by action
507 against the governmental entity, or the head of such entity in
508 her or his official capacity, or the constitutional officer of
509 which the officer, employee, or agent is an employee, unless
510 such act or omission was committed in bad faith or with
511 malicious purpose or in a manner exhibiting wanton and willful
512 disregard of human rights, safety, or property. The state or its
513 subdivisions are not liable in tort for the acts or omissions of
514 an officer, employee, or agent committed while acting outside
515 the course and scope of her or his employment or committed in
516 bad faith or with malicious purpose or in a manner exhibiting
517 wanton and willful disregard of human rights, safety, or
518 property.
519 (b) As used in this subsection, the term:
520 1. “Employee” includes any volunteer firefighter.
521 2. “Officer, employee, or agent” includes, but is not
522 limited to, any health care provider when providing services
523 pursuant to s. 766.1115; any nonprofit independent college or
524 university located and chartered in this state which owns or
525 operates an accredited medical school, and its employees or
526 agents, when providing patient services pursuant to paragraph
527 (10)(f); any public defender or her or his employee or agent,
528 including an assistant public defender or an investigator; and
529 any member of a Child Protection Team, as defined in s.
530 39.01(13), when carrying out her or his duties as a team member
531 under the control, direction, and supervision of the state or
532 any of its agencies or subdivisions.
533 (c) For purposes of the waiver of sovereign immunity only,
534 a member of the Florida National Guard is not acting within the
535 scope of state employment when performing duty under the
536 provisions of Title 10 or Title 32 of the United States Code or
537 other applicable federal law; and neither the state nor any
538 individual may be named in any action under this chapter arising
539 from the performance of such federal duty.
540 (d) The employing agency of a law enforcement officer as
541 defined in s. 943.10 is not liable for injury, death, or
542 property damage effected or caused by a person fleeing from a
543 law enforcement officer in a motor vehicle if:
544 1. The pursuit is conducted in a manner that does not
545 involve conduct by the officer which is so reckless or wanting
546 in care as to constitute disregard of human life, human rights,
547 safety, or the property of another;
548 2. At the time the law enforcement officer initiates the
549 pursuit, the officer reasonably believes that the person fleeing
550 has committed a forcible felony as defined in s. 776.08; and
551 3. The pursuit is conducted by the officer pursuant to a
552 written policy governing high-speed pursuit adopted by the
553 employing agency. The policy must contain specific procedures
554 concerning the proper method to initiate and terminate high
555 speed pursuit. The law enforcement officer must have received
556 instructional training from the employing agency on the written
557 policy governing high-speed pursuit.
558 (10)(a) Health care providers or vendors, or any of their
559 employees or agents, that have contractually agreed to act as
560 agents of the Department of Corrections to provide health care
561 services to inmates of the state correctional system shall be
562 considered agents of the State of Florida, Department of
563 Corrections, for the purposes of this section, while acting
564 within the scope of and pursuant to guidelines established in
565 said contract or by rule. The contracts shall provide for the
566 indemnification of the state by the agent for any liabilities
567 incurred up to the limits set out in this chapter.
568 (b) This subsection shall not be construed as designating
569 persons providing contracted health care services to inmates as
570 employees or agents of the state for the purposes of chapter
571 440.
572 (c) For purposes of this section, regional poison control
573 centers created in accordance with s. 395.1027 and coordinated
574 and supervised under the Division of Children’s Medical Services
575 Prevention and Intervention of the Department of Health, or any
576 of their employees or agents, shall be considered agents of the
577 State of Florida, Department of Health. Any contracts with
578 poison control centers must provide, to the extent permitted by
579 law, for the indemnification of the state by the agency for any
580 liabilities incurred up to the limits set out in this chapter.
581 (d) For the purposes of this section, operators,
582 dispatchers, and providers of security for rail services and
583 rail facility maintenance providers in the South Florida Rail
584 Corridor, or any of their employees or agents, performing such
585 services under contract with and on behalf of the South Florida
586 Regional Transportation Authority or the Department of
587 Transportation shall be considered agents of the state while
588 acting within the scope of and pursuant to guidelines
589 established in said contract or by rule.
590 (e) For purposes of this section, a professional firm that
591 provides monitoring and inspection services of the work required
592 for state roadway, bridge, or other transportation facility
593 construction projects, or any of the firm’s employees performing
594 such services, shall be considered agents of the Department of
595 Transportation while acting within the scope of the firm’s
596 contract with the Department of Transportation to ensure that
597 the project is constructed in conformity with the project’s
598 plans, specifications, and contract provisions. Any contract
599 between the professional firm and the state, to the extent
600 permitted by law, shall provide for the indemnification of the
601 department for any liability, including reasonable attorney’s
602 fees, incurred up to the limits set out in this chapter to the
603 extent caused by the negligence of the firm or its employees.
604 This paragraph shall not be construed as designating persons who
605 provide monitoring and inspection services as employees or
606 agents of the state for purposes of chapter 440. This paragraph
607 is not applicable to the professional firm or its employees if
608 involved in an accident while operating a motor vehicle. This
609 paragraph is not applicable to a firm engaged by the Department
610 of Transportation for the design or construction of a state
611 roadway, bridge, or other transportation facility construction
612 project or to its employees, agents, or subcontractors.
613 (f) For purposes of this section, any nonprofit independent
614 college or university located and chartered in this state which
615 owns or operates an accredited medical school, or any of its
616 employees or agents, and which has agreed in an affiliation
617 agreement or other contract to provide, or permit its employees
618 or agents to provide, patient services as agents of a teaching
619 hospital, is considered an agent of the teaching hospital while
620 acting within the scope of and pursuant to guidelines
621 established in the affiliation agreement or other contract. To
622 the extent allowed by law, the contract must provide for the
623 indemnification of the teaching hospital, up to the limits set
624 out in this chapter, by the agent for any liability incurred
625 which was caused by the negligence of the college or university
626 or its employees or agents. The contract must also provide that
627 those limited portions of the college, university, or medical
628 school which are directly providing services pursuant to the
629 contract and which are considered an agent of the teaching
630 hospital for purposes of this section are deemed to be acting on
631 behalf of a public agency as defined in s. 119.011(2).
632 1. For purposes of this paragraph, the term:
633 a. “Employee or agent” means an officer, employee, agent,
634 or servant of a nonprofit independent college or university
635 located and chartered in this state which owns or operates an
636 accredited medical school, including, but not limited to, the
637 faculty of the medical school, any health care practitioner or
638 licensee as defined in s. 456.001 for which the college or
639 university is vicariously liable, and the staff or
640 administrators of the medical school.
641 b. “Patient services” mean:
642 (I) Comprehensive health care services as defined in s.
643 641.19, including any related administrative service, provided
644 to patients in a teaching hospital;
645 (II) Training and supervision of interns, residents, and
646 fellows providing patient services in a teaching hospital; or
647 (III) Training and supervision of medical students in a
648 teaching hospital.
649 c. “Teaching hospital” means a teaching hospital as defined
650 in s. 408.07 which is owned or operated by the state, a county
651 or municipality, a public health trust, a special taxing
652 district, a governmental entity having health care
653 responsibilities, or a not-for-profit entity that operates such
654 facility as an agent of the state, or a political subdivision of
655 the state, under a lease or other contract.
656 2. The teaching hospital or the medical school, or its
657 employees or agents, must provide notice to each patient, or the
658 patient’s legal representative, that the college or university
659 that owns or operates the medical school and the employees or
660 agents of that college or university are acting as agents of the
661 teaching hospital and that the exclusive remedy for injury or
662 damage suffered as the result of any act or omission of the
663 teaching hospital, the college or university that owns or
664 operates the medical school, or the employees or agents of the
665 college or university, while acting within the scope of duties
666 pursuant to the affiliation agreement or other contract with a
667 teaching hospital, is by commencement of an action pursuant to
668 the provisions of this section. This notice requirement may be
669 met by posting the notice in a place conspicuous to all persons.
670 3. This paragraph does not designate any employee providing
671 contracted patient services in a teaching hospital as an
672 employee or agent of the state for purposes of chapter 440.
673 (g) For the purposes of this section, the executive
674 director of the Board of Nursing, when serving as the state
675 administrator of the Nurse Licensure Compact pursuant to s.
676 464.0095, and any administrator, officer, executive director,
677 employee, or representative of the Interstate Commission of
678 Nurse Licensure Compact Administrators, when acting within the
679 scope of their employment, duties, or responsibilities in this
680 state, are considered agents of the state. The commission shall
681 pay any claims or judgments pursuant to this section and may
682 maintain insurance coverage to pay any such claims or judgments.
683 (11)(a) Providers or vendors, or any of their employees or
684 agents, that have contractually agreed to act on behalf of the
685 state as agents of the Department of Juvenile Justice to provide
686 services to children in need of services, families in need of
687 services, or juvenile offenders are, solely with respect to such
688 services, agents of the state for purposes of this section while
689 acting within the scope of and pursuant to guidelines
690 established in the contract or by rule. A contract must provide
691 for the indemnification of the state by the agent for any
692 liabilities incurred up to the limits set out in this chapter.
693 (b) This subsection does not designate a person who
694 provides contracted services to juvenile offenders as an
695 employee or agent of the state for purposes of chapter 440.
696 (12)(a) A health care practitioner, as defined in s.
697 456.001(4), who has contractually agreed to act as an agent of a
698 state university board of trustees to provide medical services
699 to a student athlete for participation in or as a result of
700 intercollegiate athletics, to include team practices, training,
701 and competitions, shall be considered an agent of the respective
702 state university board of trustees, for the purposes of this
703 section, while acting within the scope of and pursuant to
704 guidelines established in that contract. The contracts shall
705 provide for the indemnification of the state by the agent for
706 any liabilities incurred up to the limits set out in this
707 chapter.
708 (b) This subsection shall not be construed as designating
709 persons providing contracted health care services to athletes as
710 employees or agents of a state university board of trustees for
711 the purposes of chapter 440.
712 (13) Laws allowing the state or its agencies or
713 subdivisions to buy insurance are still in force and effect and
714 are not restricted in any way by the terms of this act.
715 (14) Every claim against the state or one of its agencies
716 or subdivisions for damages for a negligent or wrongful act or
717 omission pursuant to this section shall be forever barred unless
718 the civil action is commenced by filing a complaint in the court
719 of appropriate jurisdiction within 4 years after such claim
720 accrues; except that an action for contribution must be
721 commenced within the limitations provided in s. 768.31(4), and
722 an action for damages arising from medical malpractice or
723 wrongful death must be commenced within the limitations for such
724 actions in s. 95.11(4).
725 (15) No action may be brought against the state or any of
726 its agencies or subdivisions by anyone who unlawfully
727 participates in a riot, unlawful assembly, public demonstration,
728 mob violence, or civil disobedience if the claim arises out of
729 such riot, unlawful assembly, public demonstration, mob
730 violence, or civil disobedience. Nothing in this act shall
731 abridge traditional immunities pertaining to statements made in
732 court.
733 (16)(a) The state and its agencies and subdivisions are
734 authorized to be self-insured, to enter into risk management
735 programs, or to purchase liability insurance for whatever
736 coverage they may choose, or to have any combination thereof, in
737 anticipation of any claim, judgment, and claims bill which they
738 may be liable to pay pursuant to this section. Agencies or
739 subdivisions, and sheriffs, that are subject to homogeneous
740 risks may purchase insurance jointly or may join together as
741 self-insurers to provide other means of protection against tort
742 claims, any charter provisions or laws to the contrary
743 notwithstanding.
744 (b) Claims files maintained by any risk management program
745 administered by the state, its agencies, and its subdivisions
746 are confidential and exempt from the provisions of s. 119.07(1)
747 and s. 24(a), Art. I of the State Constitution until termination
748 of all litigation and settlement of all claims arising out of
749 the same incident, although portions of the claims files may
750 remain exempt, as otherwise provided by law. Claims files
751 records may be released to other governmental agencies upon
752 written request and demonstration of need; such records held by
753 the receiving agency remain confidential and exempt as provided
754 for in this paragraph.
755 (c) Portions of meetings and proceedings conducted pursuant
756 to any risk management program administered by the state, its
757 agencies, or its subdivisions, which relate solely to the
758 evaluation of claims filed with the risk management program or
759 which relate solely to offers of compromise of claims filed with
760 the risk management program are exempt from the provisions of s.
761 286.011 and s. 24(b), Art. I of the State Constitution. Until
762 termination of all litigation and settlement of all claims
763 arising out of the same incident, persons privy to discussions
764 pertinent to the evaluation of a filed claim shall not be
765 subject to subpoena in any administrative or civil proceeding
766 with regard to the content of those discussions.
767 (d) Minutes of the meetings and proceedings of any risk
768 management program administered by the state, its agencies, or
769 its subdivisions, which relate solely to the evaluation of
770 claims filed with the risk management program or which relate
771 solely to offers of compromise of claims filed with the risk
772 management program are exempt from the provisions of s.
773 119.07(1) and s. 24(a), Art. I of the State Constitution until
774 termination of all litigation and settlement of all claims
775 arising out of the same incident.
776 (17) This section, as amended by chapter 81-317, Laws of
777 Florida, shall apply only to causes of actions which accrue on
778 or after October 1, 1981.
779 (18) No provision of this section, or of any other section
780 of the Florida Statutes, whether read separately or in
781 conjunction with any other provision, shall be construed to
782 waive the immunity of the state or any of its agencies from suit
783 in federal court, as such immunity is guaranteed by the Eleventh
784 Amendment to the Constitution of the United States, unless such
785 waiver is explicitly and definitely stated to be a waiver of the
786 immunity of the state and its agencies from suit in federal
787 court. This subsection shall not be construed to mean that the
788 state has at any time previously waived, by implication, its
789 immunity, or that of any of its agencies, from suit in federal
790 court through any statute in existence prior to June 24, 1984.
791 (19) Neither the state nor any agency or subdivision of the
792 state waives any defense of sovereign immunity, or increases the
793 limits of its liability, upon entering into a contractual
794 relationship with another agency or subdivision of the state.
795 Such a contract must not contain any provision that requires one
796 party to indemnify or insure the other party for the other
797 party’s negligence or to assume any liability for the other
798 party’s negligence. This does not preclude a party from
799 requiring a nongovernmental entity to provide such
800 indemnification or insurance. The restrictions of this
801 subsection do not prevent a regional water supply authority from
802 indemnifying and assuming the liabilities of its member
803 governments for obligations arising from past acts or omissions
804 at or with property acquired from a member government by the
805 authority and arising from the acts or omissions of the
806 authority in performing activities contemplated by an interlocal
807 agreement. Such indemnification may not be considered to
808 increase or otherwise waive the limits of liability to third
809 party claimants established by this section.
810 (20) Every municipality, and any agency thereof, is
811 authorized to undertake to indemnify those employees that are
812 exposed to personal liability pursuant to the Clean Air Act
813 Amendments of 1990, 42 U.S.C.A. ss. 7401 et seq., and all rules
814 and regulations adopted to implement that act, for acts
815 performed within the course and scope of their employment with
816 the municipality or its agency, including but not limited to
817 indemnification pertaining to the holding, transfer, or
818 disposition of allowances allocated to the municipality’s or its
819 agency’s electric generating units, and the monitoring,
820 submission, certification, and compliance with permits, permit
821 applications, records, compliance plans, and reports for those
822 units, when such acts are performed within the course and scope
823 of their employment with the municipality or its agency. The
824 authority to indemnify under this section covers every act by an
825 employee when such act is performed within the course and scope
826 of her or his employment with the municipality or its agency,
827 but does not cover any act of willful misconduct or any
828 intentional or knowing violation of any law by the employee. The
829 authority to indemnify under this section includes, but is not
830 limited to, the authority to pay any fine and provide legal
831 representation in any action.
832 Section 4. Subsections (2) and (3) of section 784.011,
833 Florida Statutes, are amended to read:
834 784.011 Assault.—
835 (2) Except as provided in subsection (3), A person who
836 assaults another person commits a misdemeanor of the second
837 degree, punishable as provided in s. 775.082 or s. 775.083.
838 (3) A person who assaults another person in furtherance of
839 a riot or an aggravated riot prohibited under s. 870.01 commits
840 a misdemeanor of the first degree, punishable as provided in s.
841 775.082 or s. 775.083.
842 Section 5. Subsection (3) of section 784.021, Florida
843 Statutes, is amended to read:
844 784.021 Aggravated assault.—
845 (3) For the purposes of sentencing under chapter 921, a
846 violation of this section committed by a person acting in
847 furtherance of a riot or an aggravated riot prohibited under s.
848 870.01 is ranked one level above the ranking under s. 921.0022
849 for the offense committed.
850 Section 6. Subsections (1) and (3) of section 784.03,
851 Florida Statutes, are amended to read:
852 784.03 Battery; felony battery.—
853 (1)(a) The offense of battery occurs when a person:
854 1. Actually and intentionally touches or strikes another
855 person against the will of the other; or
856 2. Intentionally causes bodily harm to another person.
857 (b) Except as provided in subsection (2) or subsection (3),
858 a person who commits battery commits a misdemeanor of the first
859 degree, punishable as provided in s. 775.082 or s. 775.083.
860 (3) A person who commits a battery in furtherance of a riot
861 or an aggravated riot prohibited under s. 870.01 commits a
862 felony of the third degree, punishable as provided in s.
863 775.082, s. 775.083, or 775.084.
864 Section 7. Subsection (3) of section 784.045, Florida
865 Statutes, is amended to read:
866 784.045 Aggravated battery.—
867 (3) For the purposes of sentencing under chapter 921, a
868 violation of this section committed by a person acting in
869 furtherance of a riot or an aggravated riot prohibited under s.
870 870.01 is ranked one level above the ranking under s. 921.0022
871 for the offense committed.
872 Section 8. Section 784.0495, Florida Statutes, is repealed.
873 Section 9. Subsections (2) and (4) of section 784.07,
874 Florida Statutes, are amended to read:
875 784.07 Assault or battery of law enforcement officers,
876 firefighters, emergency medical care providers, public transit
877 employees or agents, or other specified officers;
878 reclassification of offenses; minimum sentences.—
879 (2) Whenever any person is charged with knowingly
880 committing an assault or battery upon a law enforcement officer,
881 a firefighter, an emergency medical care provider, a railroad
882 special officer, a traffic accident investigation officer as
883 described in s. 316.640, a nonsworn law enforcement agency
884 employee who is certified as an agency inspector, a blood
885 alcohol analyst, or a breath test operator while such employee
886 is in uniform and engaged in processing, testing, evaluating,
887 analyzing, or transporting a person who is detained or under
888 arrest for DUI, a law enforcement explorer, a traffic infraction
889 enforcement officer as described in s. 316.640, a parking
890 enforcement specialist as defined in s. 316.640, a person
891 licensed as a security officer as defined in s. 493.6101 and
892 wearing a uniform that bears at least one patch or emblem that
893 is visible at all times that clearly identifies the employing
894 agency and that clearly identifies the person as a licensed
895 security officer, or a security officer employed by the board of
896 trustees of a community college, while the officer, firefighter,
897 emergency medical care provider, railroad special officer,
898 traffic accident investigation officer, traffic infraction
899 enforcement officer, inspector, analyst, operator, law
900 enforcement explorer, parking enforcement specialist, public
901 transit employee or agent, or security officer is engaged in the
902 lawful performance of his or her duties, the offense for which
903 the person is charged shall be reclassified as follows:
904 (a) In the case of assault, from a misdemeanor of the
905 second degree to a misdemeanor of the first degree.
906 (b) In the case of battery, from a misdemeanor of the first
907 degree to a felony of the third degree. Notwithstanding any
908 other provision of law, a person convicted of battery upon a law
909 enforcement officer committed in furtherance of a riot or an
910 aggravated riot prohibited under s. 870.01 shall be sentenced to
911 a minimum term of imprisonment of 6 months.
912 (c) In the case of aggravated assault, from a felony of the
913 third degree to a felony of the second degree. Notwithstanding
914 any other provision of law, any person convicted of aggravated
915 assault upon a law enforcement officer shall be sentenced to a
916 minimum term of imprisonment of 3 years.
917 (d) In the case of aggravated battery, from a felony of the
918 second degree to a felony of the first degree. Notwithstanding
919 any other provision of law, any person convicted of aggravated
920 battery of a law enforcement officer shall be sentenced to a
921 minimum term of imprisonment of 5 years.
922 (4) For purposes of sentencing under chapter 921, a felony
923 violation of this section committed by a person acting in
924 furtherance of a riot or an aggravated riot prohibited under s.
925 870.01 is ranked one level above the ranking under s. 921.0022
926 for the offense committed.
927 Section 10. Subsections (3) and (9) of section 806.13,
928 Florida Statutes, are amended to read:
929 806.13 Criminal mischief; penalties; penalty for minor.—
930 (3) Any person who, without the consent of the owner
931 thereof, willfully and maliciously defaces, injures, or
932 otherwise damages by any means a memorial or historic property,
933 as defined in s. 806.135(1), and the value of the damage to the
934 memorial or historic property is greater than $200, commits a
935 felony of the third degree, punishable as provided in s.
936 775.082, s. 775.083, or s. 775.084. A court shall order any
937 person convicted of violating this subsection to pay
938 restitution, which shall include the full cost of repair or
939 replacement of such memorial or historic property.
940 (8)(9) A minor whose driver license or driving privilege is
941 revoked, suspended, or withheld under subsection (7) (8) may
942 elect to reduce the period of revocation, suspension, or
943 withholding by performing community service at the rate of 1 day
944 for each hour of community service performed. In addition, if
945 the court determines that due to a family hardship, the minor’s
946 driver license or driving privilege is necessary for employment
947 or medical purposes of the minor or a member of the minor’s
948 family, the court shall order the minor to perform community
949 service and reduce the period of revocation, suspension, or
950 withholding at the rate of 1 day for each hour of community
951 service performed. As used in this subsection, the term
952 “community service” means cleaning graffiti from public
953 property.
954 Section 11. Section 806.135, Florida Statutes, is repealed.
955 Section 12. Subsections (3) and (4) of section 810.02,
956 Florida Statutes, are amended to read:
957 810.02 Burglary.—
958 (3) Burglary is a felony of the second degree, punishable
959 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
960 course of committing the offense, the offender does not make an
961 assault or battery and is not and does not become armed with a
962 dangerous weapon or explosive, and the offender enters or
963 remains in a:
964 (a) Dwelling, and there is another person in the dwelling
965 at the time the offender enters or remains;
966 (b) Dwelling, and there is not another person in the
967 dwelling at the time the offender enters or remains;
968 (c) Structure, and there is another person in the structure
969 at the time the offender enters or remains;
970 (d) Conveyance, and there is another person in the
971 conveyance at the time the offender enters or remains;
972 (e) Authorized emergency vehicle, as defined in s. 316.003;
973 or
974 (f) Structure or conveyance when the offense intended to be
975 committed therein is theft of a controlled substance as defined
976 in s. 893.02. Notwithstanding any other law, separate judgments
977 and sentences for burglary with the intent to commit theft of a
978 controlled substance under this paragraph and for any applicable
979 possession of controlled substance offense under s. 893.13 or
980 trafficking in controlled substance offense under s. 893.135 may
981 be imposed when all such offenses involve the same amount or
982 amounts of a controlled substance.
983
984 However, if the burglary is committed during a riot or an
985 aggravated riot prohibited under s. 870.01 and the perpetration
986 of the burglary is facilitated by conditions arising from the
987 riot; or within a county that is subject to a state of emergency
988 declared by the Governor under chapter 252 after the declaration
989 of emergency is made and the perpetration of the burglary is
990 facilitated by conditions arising from the emergency, the
991 burglary is a felony of the first degree, punishable as provided
992 in s. 775.082, s. 775.083, or s. 775.084. As used in this
993 subsection, the term “conditions arising from the riot” means
994 civil unrest, power outages, curfews, or a reduction in the
995 presence of or response time for first responders or homeland
996 security personnel and the term “conditions arising from the
997 emergency” means civil unrest, power outages, curfews, voluntary
998 or mandatory evacuations, or a reduction in the presence of or
999 response time for first responders or homeland security
1000 personnel. A person arrested for committing a burglary during a
1001 riot or an aggravated riot or within a county that is subject to
1002 such a state of emergency may not be released until the person
1003 appears before a committing magistrate at a first appearance
1004 hearing. For purposes of sentencing under chapter 921, a felony
1005 offense that is reclassified under this subsection is ranked one
1006 level above the ranking under s. 921.0022 or s. 921.0023 of the
1007 offense committed.
1008 (4) Burglary is a felony of the third degree, punishable as
1009 provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
1010 course of committing the offense, the offender does not make an
1011 assault or battery and is not and does not become armed with a
1012 dangerous weapon or explosive, and the offender enters or
1013 remains in a:
1014 (a) Structure, and there is not another person in the
1015 structure at the time the offender enters or remains; or
1016 (b) Conveyance, and there is not another person in the
1017 conveyance at the time the offender enters or remains.
1018
1019 However, if the burglary is committed during a riot or an
1020 aggravated riot prohibited under s. 870.01 and the perpetration
1021 of the burglary is facilitated by conditions arising from the
1022 riot; or within a county that is subject to a state of emergency
1023 declared by the Governor under chapter 252 after the declaration
1024 of emergency is made and the perpetration of the burglary is
1025 facilitated by conditions arising from the emergency, the
1026 burglary is a felony of the second degree, punishable as
1027 provided in s. 775.082, s. 775.083, or s. 775.084. As used in
1028 this subsection, the term terms “conditions arising from the
1029 riot” and “conditions arising from the emergency” has have the
1030 same meaning meanings as provided in subsection (3). A person
1031 arrested for committing a burglary during a riot or an
1032 aggravated riot or within a county that is subject to such a
1033 state of emergency may not be released until the person appears
1034 before a committing magistrate at a first appearance hearing.
1035 For purposes of sentencing under chapter 921, a felony offense
1036 that is reclassified under this subsection is ranked one level
1037 above the ranking under s. 921.0022 or s. 921.0023 of the
1038 offense committed.
1039 Section 13. Paragraphs (b) and (c) of subsection (2) of
1040 section 812.014, Florida Statutes, are amended to read:
1041 812.014 Theft.—
1042 (2)
1043 (b)1. If the property stolen is valued at $20,000 or more,
1044 but less than $100,000;
1045 2. The property stolen is cargo valued at less than $50,000
1046 that has entered the stream of interstate or intrastate commerce
1047 from the shipper’s loading platform to the consignee’s receiving
1048 dock;
1049 3. The property stolen is emergency medical equipment,
1050 valued at $300 or more, that is taken from a facility licensed
1051 under chapter 395 or from an aircraft or vehicle permitted under
1052 chapter 401; or
1053 4. The property stolen is law enforcement equipment, valued
1054 at $300 or more, that is taken from an authorized emergency
1055 vehicle, as defined in s. 316.003,
1056
1057 the offender commits grand theft in the second degree,
1058 punishable as a felony of the second degree, as provided in s.
1059 775.082, s. 775.083, or s. 775.084. Emergency medical equipment
1060 means mechanical or electronic apparatus used to provide
1061 emergency services and care as defined in s. 395.002(9) or to
1062 treat medical emergencies. Law enforcement equipment means any
1063 property, device, or apparatus used by any law enforcement
1064 officer as defined in s. 943.10 in the officer’s official
1065 business. However, if the property is stolen during a riot or an
1066 aggravated riot prohibited under s. 870.01 and the perpetration
1067 of the theft is facilitated by conditions arising from the riot;
1068 or within a county that is subject to a state of emergency
1069 declared by the Governor under chapter 252, the theft is
1070 committed after the declaration of emergency is made, and the
1071 perpetration of the theft is facilitated by conditions arising
1072 from the emergency, the theft is a felony of the first degree,
1073 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1074 As used in this paragraph, the term “conditions arising from the
1075 riot” means civil unrest, power outages, curfews, or a reduction
1076 in the presence of or response time for first responders or
1077 homeland security personnel and the term “conditions arising
1078 from the emergency” means civil unrest, power outages, curfews,
1079 voluntary or mandatory evacuations, or a reduction in the
1080 presence of or response time for first responders or homeland
1081 security personnel. A person arrested for committing a theft
1082 during a riot or an aggravated riot or within a county that is
1083 subject to a state of emergency may not be released until the
1084 person appears before a committing magistrate at a first
1085 appearance hearing. For purposes of sentencing under chapter
1086 921, a felony offense that is reclassified under this paragraph
1087 is ranked one level above the ranking under s. 921.0022 or s.
1088 921.0023 of the offense committed.
1089 (c) It is grand theft of the third degree and a felony of
1090 the third degree, punishable as provided in s. 775.082, s.
1091 775.083, or s. 775.084, if the property stolen is:
1092 1. Valued at $750 or more, but less than $5,000.
1093 2. Valued at $5,000 or more, but less than $10,000.
1094 3. Valued at $10,000 or more, but less than $20,000.
1095 4. A will, codicil, or other testamentary instrument.
1096 5. A firearm.
1097 6. A motor vehicle, except as provided in paragraph (a).
1098 7. Any commercially farmed animal, including any animal of
1099 the equine, avian, bovine, or swine class or other grazing
1100 animal; a bee colony of a registered beekeeper; and aquaculture
1101 species raised at a certified aquaculture facility. If the
1102 property stolen is a commercially farmed animal, including an
1103 animal of the equine, avian, bovine, or swine class or other
1104 grazing animal; a bee colony of a registered beekeeper; or an
1105 aquaculture species raised at a certified aquaculture facility,
1106 a $10,000 fine shall be imposed.
1107 8. Any fire extinguisher that, at the time of the taking,
1108 was installed in any building for the purpose of fire prevention
1109 and control. This subparagraph does not apply to a fire
1110 extinguisher taken from the inventory at a point-of-sale
1111 business.
1112 9. Any amount of citrus fruit consisting of 2,000 or more
1113 individual pieces of fruit.
1114 10. Taken from a designated construction site identified by
1115 the posting of a sign as provided for in s. 810.09(2)(d).
1116 11. Any stop sign.
1117 12. Anhydrous ammonia.
1118 13. Any amount of a controlled substance as defined in s.
1119 893.02. Notwithstanding any other law, separate judgments and
1120 sentences for theft of a controlled substance under this
1121 subparagraph and for any applicable possession of controlled
1122 substance offense under s. 893.13 or trafficking in controlled
1123 substance offense under s. 893.135 may be imposed when all such
1124 offenses involve the same amount or amounts of a controlled
1125 substance.
1126
1127 However, if the property is stolen during a riot or an
1128 aggravated riot prohibited under s. 870.01 and the perpetration
1129 of the theft is facilitated by conditions arising from the riot;
1130 or within a county that is subject to a state of emergency
1131 declared by the Governor under chapter 252, the property is
1132 stolen after the declaration of emergency is made, and the
1133 perpetration of the theft is facilitated by conditions arising
1134 from the emergency, the offender commits a felony of the second
1135 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1136 775.084, if the property is valued at $5,000 or more, but less
1137 than $10,000, as provided under subparagraph 2., or if the
1138 property is valued at $10,000 or more, but less than $20,000, as
1139 provided under subparagraph 3. As used in this paragraph, the
1140 term terms “conditions arising from a riot” and “conditions
1141 arising from the emergency” has have the same meaning meanings
1142 as provided in paragraph (b). A person arrested for committing a
1143 theft during a riot or an aggravated riot or within a county
1144 that is subject to a state of emergency may not be released
1145 until the person appears before a committing magistrate at a
1146 first appearance hearing. For purposes of sentencing under
1147 chapter 921, a felony offense that is reclassified under this
1148 paragraph is ranked one level above the ranking under s.
1149 921.0022 or s. 921.0023 of the offense committed.
1150 Section 14. Section 836.115, Florida Statutes, is repealed.
1151 Section 15. Section 870.01, Florida Statutes, is amended to
1152 read:
1153 870.01 Affrays and riots.—
1154 (1) A person commits an affray if he or she engages, by
1155 mutual consent, in fighting with another person in a public
1156 place to the terror of the people. A person who commits an
1157 affray commits a misdemeanor of the first degree, punishable as
1158 provided in s. 775.082 or s. 775.083.
1159 (2) A person who commits a riot, or who incites or
1160 encourages a riot, if he or she willfully participates in a
1161 violent public disturbance involving an assembly of three or
1162 more persons, acting with a common intent to assist each other
1163 in violent and disorderly conduct, resulting in:
1164 (a) Injury to another person;
1165 (b) Damage to property; or
1166 (c) Imminent danger of injury to another person or damage
1167 to property.
1168
1169 A person who commits a riot commits a felony of the third
1170 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1171 775.084.
1172 (3) A person commits aggravated rioting if, in the course
1173 of committing a riot, he or she:
1174 (a) Participates with 25 or more other persons;
1175 (b) Causes great bodily harm to a person not participating
1176 in the riot;
1177 (c) Causes property damage in excess of $5,000;
1178 (d) Displays, uses, threatens to use, or attempts to use a
1179 deadly weapon; or
1180 (e) By force, or threat of force, endangers the safe
1181 movement of a vehicle traveling on a public street, highway, or
1182 road.
1183
1184 A person who commits aggravated rioting commits a felony of the
1185 second degree, punishable as provided in s. 775.082, s. 775.083,
1186 or s. 775.084.
1187 (4) A person commits inciting a riot if he or she willfully
1188 incites another person to participate in a riot, resulting in a
1189 riot or imminent danger of a riot. A person who commits inciting
1190 a riot commits a felony of the third degree, punishable as
1191 provided in s. 775.082, s. 775.083, or s. 775.084.
1192 (5) A person commits aggravated inciting a riot if he or
1193 she:
1194 (a) Incites a riot resulting in great bodily harm to
1195 another person not participating in the riot;
1196 (b) Incites a riot resulting in property damage in excess
1197 of $5,000; or
1198 (c) Supplies a deadly weapon to another person or teaches
1199 another person to prepare a deadly weapon with intent that the
1200 deadly weapon be used in a riot for an unlawful purpose.
1201
1202 A person who commits aggravated inciting a riot commits a felony
1203 of the second degree, punishable as provided in s. 775.082, s.
1204 775.083, or s. 775.084.
1205 (6) Except for a violation of subsection (1), a person
1206 arrested for a violation of this section shall be held in
1207 custody until brought before the court for admittance to bail in
1208 accordance with chapter 903.
1209 (7) This section does not prohibit constitutionally
1210 protected activity such as a peaceful protest.
1211 Section 16. Section 870.02, Florida Statutes, is amended to
1212 read:
1213 870.02 Unlawful assemblies.—
1214 (1) If three or more persons meet together to commit a
1215 breach of the peace, or to do any other unlawful act, each of
1216 them commits a misdemeanor of the second degree, punishable as
1217 provided in s. 775.082 or s. 775.083.
1218 (2) A person arrested for a violation of this section shall
1219 be held in custody until brought before the court for admittance
1220 to bail in accordance with chapter 903.
1221 Section 17. Notwithstanding the April 19, 2021, repeal of
1222 section 870.03, Florida Statutes, that section is revived,
1223 reenacted, and amended to read:
1224 870.03 Riots and routs.—If any persons unlawfully assembled
1225 demolish, pull down or destroy, or begin to demolish, pull down
1226 or destroy, any dwelling house or other building, or any ship or
1227 vessel, each such person commits of them shall be guilty of a
1228 felony of the third degree, punishable as provided in s.
1229 775.082, s. 775.083, or s. 775.084.
1230 Section 18. Section 870.07, Florida Statutes, is repealed.
1231 Section 19. Subsections (3) and (7) of section 872.02,
1232 Florida Statutes, are amended to read:
1233 872.02 Injuring or removing tomb or monument; disturbing
1234 contents of grave or tomb; penalties.—
1235 (3) For purposes of sentencing under chapter 921, a
1236 violation of this section committed by a person in furtherance
1237 of a riot or an aggravated riot prohibited under s. 870.01 is
1238 ranked one level above the ranking under s. 921.0022 or s.
1239 921.0023 for the offense committed.
1240 (6)(7) If a legally authorized person refuses to sign a
1241 written authorization, as provided in paragraph (5)(a) (6)(a),
1242 or if a legally authorized person objects, as provided in
1243 paragraph (5)(b) (6)(b), a public hearing shall be held before
1244 the county commission of the county where the cemetery is
1245 located, or the city council, if the cemetery is located in a
1246 municipality, and the county commission or the city council
1247 shall have the authority to grant a request for relocation of
1248 the contents of such graves or tombs.
1249 Section 20. Paragraphs (b), (c), and (d) of subsection (3)
1250 of section 921.0022, Florida Statutes, are amended to read:
1251 921.0022 Criminal Punishment Code; offense severity ranking
1252 chart.—
1253 (3) OFFENSE SEVERITY RANKING CHART
1254 (b) LEVEL 2
1255
1256 FloridaStatute FelonyDegree Description
1257 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
1258 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
1259 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.
1260 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
1261 590.28(1) 3rd Intentional burning of lands.
1262 784.03(3) 3rd Battery during a riot or an aggravated riot.
1263 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
1264 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
1265 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
1266 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
1267 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
1268 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
1269 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
1270 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
1271 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
1272 817.234(1)(a)2. 3rd False statement in support of insurance claim.
1273 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
1274 817.52(3) 3rd Failure to redeliver hired vehicle.
1275 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
1276 817.60(5) 3rd Dealing in credit cards of another.
1277 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
1278 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
1279 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
1280 831.01 3rd Forgery.
1281 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
1282 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
1283 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
1284 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
1285 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
1286 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
1287 843.08 3rd False personation.
1288 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.
1289 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
1290 (c) LEVEL 3
1291
1292 FloridaStatute FelonyDegree Description
1293 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
1294 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
1295 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1296 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
1297 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1298 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1299 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1300 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1301 327.35(2)(b) 3rd Felony BUI.
1302 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1303 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1304 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1305 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.
1306 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.
1307 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
1308 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
1309 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
1310 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
1311 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1312 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
1313 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
1314 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
1315 697.08 3rd Equity skimming.
1316 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1317 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1318 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1319 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1320 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1321 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1322 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
1323 812.081(2) 3rd Theft of a trade secret.
1324 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
1325 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1326 817.233 3rd Burning to defraud insurer.
1327 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
1328 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1329 817.236 3rd Filing a false motor vehicle insurance application.
1330 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
1331 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
1332 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
1333 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
1334 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
1335 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1336 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
1337 860.15(3) 3rd Overcharging for repairs and parts.
1338 870.01(2) 3rd Riot; inciting or encouraging.
1339 870.01(4) 3rd Inciting a riot.
1340 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).
1341 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.
1342 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.
1343 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
1344 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1345 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1346 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1347 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1348 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1349 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.
1350 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.
1351 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1352 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.
1353 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
1354 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
1355 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1356 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1357 (d) LEVEL 4
1358
1359 FloridaStatute FelonyDegree Description
1360 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.
1361 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
1362 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
1363 517.07(1) 3rd Failure to register securities.
1364 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
1365 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
1366 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
1367 784.075 3rd Battery on detention or commitment facility staff.
1368 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
1369 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
1370 784.081(3) 3rd Battery on specified official or employee.
1371 784.082(3) 3rd Battery by detained person on visitor or other detainee.
1372 784.083(3) 3rd Battery on code inspector.
1373 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
1374 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
1375 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
1376 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
1377 787.07 3rd Human smuggling.
1378 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
1379 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
1380 790.115(2)(c) 3rd Possessing firearm on school property.
1381 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
1382 806.135 2nd Destroying or demolishing a memorial or historic property.
1383 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
1384 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
1385 810.06 3rd Burglary; possession of tools.
1386 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
1387 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
1388 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
1389 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
1390 817.505(4)(a) 3rd Patient brokering.
1391 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
1392 817.568(2)(a) 3rd Fraudulent use of personal identification information.
1393 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
1394 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
1395 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
1396 837.02(1) 3rd Perjury in official proceedings.
1397 837.021(1) 3rd Make contradictory statements in official proceedings.
1398 838.022 3rd Official misconduct.
1399 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
1400 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
1401 843.021 3rd Possession of a concealed handcuff key by a person in custody.
1402 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
1403 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
1404 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
1405 870.01(3) 2nd Aggravated rioting.
1406 870.01(5) 2nd Aggravated inciting a riot.
1407 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
1408 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).
1409 914.14(2) 3rd Witnesses accepting bribes.
1410 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
1411 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
1412 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
1413 918.12 3rd Tampering with jurors.
1414 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
1415 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
1416 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.
1417 Section 21. This act shall take effect upon becoming a law.