Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 994
Ì529702!Î529702
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/27/2023 .
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The Committee on Criminal Justice (Calatayud) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (6) of section
6 403.413, Florida Statutes, is amended to read:
7 403.413 Florida Litter Law.—
8 (6) PENALTIES; ENFORCEMENT.—
9 (a)1. Except as provided in subparagraph 2., any person who
10 dumps litter in violation of subsection (4) in an amount not
11 exceeding 15 pounds in weight or 27 cubic feet in volume and not
12 for commercial purposes commits a noncriminal infraction,
13 punishable by a civil penalty of $150, from which $50 shall be
14 deposited into the Solid Waste Management Trust Fund to be used
15 for the solid waste management grant program pursuant to s.
16 403.7095. In addition, the court may require the violator to
17 pick up litter or perform other labor commensurate with the
18 offense committed.
19 2. If a person violates subparagraph 1. by intentionally
20 dumping onto private property litter that evidences religious or
21 ethnic animus toward an owner or invitee of such property, the
22 person commits a felony of the third degree, punishable as
23 provided in s. 775.082, s. 775.083, or s. 775.084. As used in
24 this subparagraph, the term “animus” includes intent to
25 intimidate or threaten or intent to do harm. A violation of this
26 subparagraph shall be reported pursuant to s. 877.19.
27 Section 2. Section 784.0493, Florida Statutes, is created
28 to read:
29 784.0493 Harassment or intimidation based on religious or
30 ethnic heritage.—
31 (1) As used in this section, the term “harass” has the same
32 meaning as in s. 784.048.
33 (2) A person may not willfully and maliciously harass,
34 threaten, or intimidate another person based on the person’s
35 wearing or displaying of any indicia relating to any religious
36 or ethnic heritage.
37 (3) A person who violates this section commits a felony of
38 the third degree, punishable as provided in s. 775.082, s.
39 775.083, or s. 775.084.
40 (4) A violation of this section shall be reported pursuant
41 to s. 877.19.
42 Section 3. Present subsections (6) through (10) of section
43 806.13, Florida Statutes, are redesignated as subsections (7)
44 through (11), respectively, a new subsection (6) is added to
45 that section, and subsection (2) and present subsection (9) of
46 that section are amended, to read:
47 806.13 Criminal mischief; penalties; penalty for minor.—
48 (2)(a) Any person who willfully and maliciously defaces,
49 injures, or damages by any means:
50 1. Any church, synagogue, mosque, or other place of
51 worship, or any religious article contained therein;
52 2. Any cemetery, grave, or memorial as defined in s.
53 806.135 which the person knows, or reasonably should have known,
54 is associated with a particular religious or ethnic heritage; or
55 3. Any school or community center as defined in s.
56 893.13(1)(c) which the person knows, or reasonably should have
57 known, is associated with a particular religious or ethnic
58 heritage,
59
60 commits a felony of the third degree, punishable as provided in
61 s. 775.082, s. 775.083, or s. 775.084, if the damage to the
62 property is greater than $200.
63 (b) A violation of this subsection shall be reported
64 pursuant to s. 877.19.
65 (c) For purposes of this subsection, the term “school”
66 means the grounds or facility of any early learning center,
67 prekindergarten, kindergarten, elementary school, middle school,
68 junior high school, secondary school, career center, or
69 postsecondary school, whether public or private.
70 (6) A person may not knowingly and intentionally display or
71 project, using any medium, an image onto a building, structure,
72 or other property without the written consent of the owner of
73 the building, structure, or property. For purposes of this
74 subsection, the term “image” means a visual representation or
75 likeness of a person or object, including text, graphics, logos,
76 other artwork, or any combination thereof.
77 (a) A person who violates this subsection commits a
78 misdemeanor of the first degree, punishable as provided in s.
79 775.082 or s. 775.083.
80 (b) If a person displays or projects an image that
81 evidences religious or ethnic animus during the commission of an
82 offense under this subsection, it is prima facie evidence that
83 such person has evidenced prejudice in the commission of the
84 offense for the purpose of reclassifying the penalty under s.
85 775.085. As used in this paragraph, the term “animus” includes
86 intent to intimidate or threaten or intent to do harm.
87 (c) If the penalty for a violation of this subsection is
88 reclassified under s. 775.085, such a violation shall be
89 reported pursuant to s. 877.19.
90 (10)(9) A minor whose driver license or driving privilege
91 is revoked, suspended, or withheld under subsection (9) (8) may
92 elect to reduce the period of revocation, suspension, or
93 withholding by performing community service at the rate of 1 day
94 for each hour of community service performed. In addition, if
95 the court determines that due to a family hardship, the minor’s
96 driver license or driving privilege is necessary for employment
97 or medical purposes of the minor or a member of the minor’s
98 family, the court shall order the minor to perform community
99 service and reduce the period of revocation, suspension, or
100 withholding at the rate of 1 day for each hour of community
101 service performed. As used in this subsection, the term
102 “community service” means cleaning graffiti from public
103 property.
104 Section 4. Section 810.098, Florida Statutes, is created to
105 read:
106 810.098 Trespass for the purpose of threatening or
107 intimidating another person.—
108 (1)(a) Whoever, without being authorized, licensed, or
109 invited, willfully enters the campus of a state university or
110 Florida College System institution for the purpose of
111 threatening or intimidating another person, and is warned by the
112 state university or Florida College System institution to depart
113 and refuses to do so, commits a misdemeanor of the first degree,
114 punishable as provided in s. 775.082 or s. 775.083.
115 (b) If a person evidences religious or ethnic animus during
116 the commission of an offense under this subsection, it is prima
117 facie evidence that such person has evidenced prejudice in the
118 commission of the offense for the purpose of reclassifying the
119 penalty under s. 775.085.
120 (c) If the penalty for a violation of this subsection is
121 reclassified under s. 775.085, such a violation shall be
122 reported pursuant to s. 877.19.
123 (2) As used in this section, the term:
124 (a) “Animus” includes intent to intimidate or threaten or
125 intent to do harm.
126 (b) “Florida College System institution” has the same
127 meaning as in s. 1000.21(3).
128 (c) “State university” has the same meaning as in s.
129 1000.21(6).
130 Section 5. Subsection (1) of section 871.01, Florida
131 Statutes, is amended to read:
132 871.01 Disturbing schools and religious and other
133 assemblies.—
134 (1)(a) Whoever willfully and maliciously interrupts or
135 disturbs any school or any assembly of people met for the
136 worship of God, any assembly of people met for the purpose of
137 acknowledging the death of an individual, or any assembly of
138 people met for any other lawful purpose commits a misdemeanor of
139 the first second degree, punishable as provided in s. 775.082 or
140 s. 775.083.
141 (b) If a person evidences religious or ethnic animus during
142 the commission of an offense under this subsection, it is prima
143 facie evidence that such person has evidenced prejudice in the
144 commission of the offense for the purpose of reclassifying the
145 penalty under s. 775.085. As used in this paragraph, the term
146 “animus” includes intent to intimidate or threaten or intent to
147 do harm.
148 (c) If the penalty for a violation of this subsection is
149 reclassified under s. 775.085, such a violation shall be
150 reported pursuant to s. 877.19.
151 Section 6. This act shall take effect upon becoming a law.
152
153 ================= T I T L E A M E N D M E N T ================
154 And the title is amended as follows:
155 Delete everything before the enacting clause
156 and insert:
157 A bill to be entitled
158 An act relating to public nuisances; amending s.
159 403.413, F.S.; prohibiting a person from intentionally
160 dumping onto private property litter that evidences
161 religious or ethnic animus toward an owner or invitee
162 of such property; defining the term “animus”;
163 providing criminal penalties; requiring that certain
164 violations be reported pursuant to specified
165 provisions; creating s. 784.0493, F.S.; defining the
166 term “harass”; prohibiting a person from willfully and
167 maliciously harassing, threatening, or intimidating
168 another person based on the person’s wearing or
169 displaying of any indicia relating to any religious or
170 ethnic heritage; providing criminal penalties;
171 requiring that certain violations be reported pursuant
172 to specified provisions; amending s. 806.13, F.S.;
173 prohibiting willful and malicious defacement, injury,
174 or damage to certain property; providing criminal
175 penalties; removing a minimum damage requirement for a
176 violation; requiring that certain violations be
177 reported pursuant to specified provisions; defining
178 the term “school”; prohibiting the knowing and
179 intentional display or projection of certain images
180 onto a building, structure, or property without
181 permission; defining the term “image”; providing
182 criminal penalties; providing construction; defining
183 the term “animus”; requiring that certain violations
184 be reported pursuant to specified provisions; creating
185 s. 810.098, F.S.; prohibiting a person who willfully
186 enters the campus of a state university or Florida
187 College System institution for the purpose of
188 threatening or intimidating another person from
189 remaining on such campus after being warned to depart;
190 providing criminal penalties; providing construction;
191 requiring that certain violations be reported pursuant
192 to specified provisions; defining terms; amending s.
193 871.01, F.S.; prohibiting the willful and malicious
194 interruption or disruption of certain assemblies;
195 providing criminal penalties; providing construction;
196 defining the term “animus”; requiring that certain
197 violations be reported pursuant to specified
198 provisions; providing an effective date.