Florida Senate - 2023                                     SB 994
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-00915A-23                                           2023994__
    1                        A bill to be entitled                      
    2         An act relating to public nuisances; amending s.
    3         403.413, F.S.; prohibiting the distribution of certain
    4         materials which leads to littering; providing for
    5         reclassification of certain offenses; providing
    6         criminal penalties; requiring that certain violations
    7         be reported as hate crimes; amending s. 784.048, F.S.;
    8         prohibiting the stalking of certain individuals based
    9         on their wearing of certain garments; providing
   10         criminal penalties; requiring that violations be
   11         reported as hate crimes; amending s. 806.13, F.S.;
   12         prohibiting willful and malicious defacement of or
   13         injury or damage to certain religious property;
   14         removing a minimum damage requirement for a violation;
   15         providing construction; prohibiting the projection of
   16         certain images onto buildings or other property
   17         without the written consent of the owner; providing
   18         criminal penalties; requiring that certain violations
   19         be reported as hate crimes; amending s. 871.01, F.S.;
   20         prohibiting the willful interference with assemblies
   21         of people meeting for the purpose of acknowledging the
   22         death of an individual; providing enhanced criminal
   23         penalties for persons who commit violations while
   24         evidencing religious or ethnic intimidation, threat,
   25         or intent to harm; requiring that certain violations
   26         be reported as hate crimes; providing an effective
   27         date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Paragraph (a) of subsection (6) of section
   32  403.413, Florida Statutes, is amended to read:
   33         403.413 Florida Litter Law.—
   34         (6) PENALTIES; ENFORCEMENT.—
   35         (a)1.Except as provided in subparagraph 2., any person who
   36  dumps litter in violation of subsection (4) in an amount not
   37  exceeding 15 pounds in weight or 27 cubic feet in volume and not
   38  for commercial purposes commits a noncriminal infraction,
   39  punishable by a civil penalty of $150, from which $50 shall be
   40  deposited into the Solid Waste Management Trust Fund to be used
   41  for the solid waste management grant program pursuant to s.
   42  403.7095.
   43         2.a.Except as provided in sub-subparagraph b., a person
   44  who distributes pamphlets, flyers, or other materials, whether
   45  for commercial or noncommercial purposes, in a public place,
   46  including outside a private residence, and such materials
   47  discarded by recipients, leads to littering, commits a
   48  misdemeanor of the first degree, punishable as provided in s.
   49  775.082 or s. 775.083.
   50         b.If a violation of sub-subparagraph a. involves material
   51  that evidences religious or ethnic intimidation, threat, or
   52  intent to harm, including content described in s. 806.13(2)(b),
   53  the offense is reclassified as a felony of the third degree,
   54  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   55  A violation of this sub-subparagraph shall be considered a hate
   56  crime for purposes of the reporting requirements of s. 877.19.
   57  
   58  In addition, the court may require a person who violates this
   59  subsection the violator to pick up litter or perform other labor
   60  commensurate with the offense committed.
   61         Section 2. Present subsection (9) of section 784.048,
   62  Florida Statutes, is redesignated as subsection (10), and a new
   63  subsection (9) is added to that section, to read:
   64         784.048 Stalking; definitions; penalties.—
   65         (9)A person who willfully follows, harasses, or interferes
   66  with another person’s quiet enjoyment based on the person’s
   67  wearing of religious-based garments or garments commonly
   68  associated with a particular religious or ethnic group or any
   69  other indicia of any religious or ethnic heritage commits the
   70  offense of aggravated stalking, a felony of the third degree,
   71  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   72  A violation of this subsection shall be considered a hate crime
   73  for purposes of the reporting requirements of s. 877.19.
   74         Section 3. Present subsections (6) through (10) of section
   75  806.13, Florida Statutes, are redesignated as subsections (7)
   76  through (11), respectively, a new subsection (6) is added to
   77  that section, and subsection (2) and present subsection (9) of
   78  that section are amended, to read:
   79         806.13 Criminal mischief; penalties; penalty for minor.—
   80         (2)(a) Any person who willfully and maliciously defaces,
   81  injures, or damages by any means:
   82         1. Any church, synagogue, mosque, or other place of
   83  worship, or any religious article contained therein;,
   84         2.Any religious cemetery, gravesite, or grave marker,
   85  including, but not limited to, any Holocaust memorial or any
   86  plaque, statue, or museum with any indication of religious or
   87  ethnic heritage;
   88         3.Any school or community center with any indicia of any
   89  religious or ethnic heritage; or
   90         4.Any public or private property in a manner that
   91  evidences religious or ethnic intimidation, threat, or intent to
   92  harm,
   93  
   94  commits a felony of the third degree, punishable as provided in
   95  s. 775.082, s. 775.083, or s. 775.084, if the damage to the
   96  property is greater than $200.
   97         (b)A violation of this subsection includes any physical
   98  manifestations of anti-Semitism directed toward a Jewish or non
   99  Jewish individual or his or her property or toward Jewish
  100  community institutions or religious facilities, Jewish
  101  cemeteries, or Jewish gravesites. Such expression includes the
  102  use of a Nazi symbol, such as a swastika.
  103         (c)A violation of this subsection shall be considered a
  104  hate crime for purposes of the reporting requirements of s.
  105  877.19.
  106         (6)A person who projects an image outdoors onto a publicly
  107  or privately owned building or other property without the
  108  written consent of the owner of the building or other property
  109  commits:
  110         (a)Except as provided in paragraph (b), a misdemeanor of
  111  the first degree, punishable as provided in s. 775.082 or s.
  112  775.083.
  113         (b)If the image projected evidences religious or ethnic
  114  intimidation, threat, or intent to harm, including content
  115  described in paragraph (2)(b), a felony of the third degree,
  116  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  117  A violation of this paragraph shall be considered a hate crime
  118  for purposes of the reporting requirements of s. 877.19.
  119         (10)(9) A minor whose driver license or driving privilege
  120  is revoked, suspended, or withheld under subsection (9) (8) may
  121  elect to reduce the period of revocation, suspension, or
  122  withholding by performing community service at the rate of 1 day
  123  for each hour of community service performed. In addition, if
  124  the court determines that due to a family hardship, the minor’s
  125  driver license or driving privilege is necessary for employment
  126  or medical purposes of the minor or a member of the minor’s
  127  family, the court shall order the minor to perform community
  128  service and reduce the period of revocation, suspension, or
  129  withholding at the rate of 1 day for each hour of community
  130  service performed. As used in this subsection, the term
  131  “community service” means cleaning graffiti from public
  132  property.
  133         Section 4. Subsection (1) of section 871.01, Florida
  134  Statutes, is amended to read:
  135         871.01 Disturbing schools and religious and other
  136  assemblies.—
  137         (1) Whoever willfully interrupts or disturbs any school or
  138  any assembly of people meeting to met for the worship, meeting
  139  for the purpose of acknowledging the death of an individual, of
  140  God or meeting for any other lawful purpose commits:
  141         (a)Except as provided in paragraph (b), a misdemeanor of
  142  the second degree, punishable as provided in s. 775.082 or s.
  143  775.083.
  144         (b)If a person who violates this subsection evidences
  145  religious or ethnic intimidation, threat, or intent to harm,
  146  including content described in s. 806.13(2)(b), during the
  147  commission of the offense, the offense is reclassified as a
  148  felony of the third degree, punishable as provided in s.
  149  775.082, s. 775.083, or s. 775.084. A violation of this
  150  paragraph shall be considered a hate crime for purposes of the
  151  reporting requirements of s. 877.19.
  152         Section 5. This act shall take effect October 1, 2023.