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.