Florida Senate - 2023                              CS for SB 994
       
       
        
       By the Committee on Criminal Justice; and Senators Calatayud,
       Perry, Gruters, Rodriguez, and Avila
       
       
       
       
       591-03148-23                                           2023994c1
    1                        A bill to be entitled                      
    2         An act relating to public nuisances; amending s.
    3         403.413, F.S.; prohibiting a person from intentionally
    4         dumping onto private property litter that evidences
    5         religious or ethnic animus toward an owner or invitee
    6         of such property; defining the term “animus”;
    7         providing criminal penalties; requiring that certain
    8         violations be reported pursuant to specified
    9         provisions; creating s. 784.0493, F.S.; defining the
   10         term “harass”; prohibiting a person from willfully and
   11         maliciously harassing, threatening, or intimidating
   12         another person based on the person’s wearing or
   13         displaying of any indicia relating to any religious or
   14         ethnic heritage; providing criminal penalties;
   15         requiring that certain violations be reported pursuant
   16         to specified provisions; amending s. 806.13, F.S.;
   17         prohibiting willful and malicious defacement, injury,
   18         or damage to certain property; providing criminal
   19         penalties; removing a minimum damage requirement for a
   20         violation; requiring that certain violations be
   21         reported pursuant to specified provisions; defining
   22         the term “school”; prohibiting the knowing and
   23         intentional display or projection of certain images
   24         onto a building, structure, or property without
   25         permission; defining the term “image”; providing
   26         criminal penalties; providing construction; defining
   27         the term “animus”; requiring that certain violations
   28         be reported pursuant to specified provisions; creating
   29         s. 810.098, F.S.; prohibiting a person who willfully
   30         enters the campus of a state university or Florida
   31         College System institution for the purpose of
   32         threatening or intimidating another person from
   33         remaining on such campus after being warned to depart;
   34         providing criminal penalties; providing construction;
   35         requiring that certain violations be reported pursuant
   36         to specified provisions; defining terms; amending s.
   37         871.01, F.S.; prohibiting the willful and malicious
   38         interruption or disruption of certain assemblies;
   39         providing criminal penalties; providing construction;
   40         defining the term “animus”; requiring that certain
   41         violations be reported pursuant to specified
   42         provisions; providing an effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Paragraph (a) of subsection (6) of section
   47  403.413, Florida Statutes, is amended to read:
   48         403.413 Florida Litter Law.—
   49         (6) PENALTIES; ENFORCEMENT.—
   50         (a)1.Except as provided in subparagraph 2., any person who
   51  dumps litter in violation of subsection (4) in an amount not
   52  exceeding 15 pounds in weight or 27 cubic feet in volume and not
   53  for commercial purposes commits a noncriminal infraction,
   54  punishable by a civil penalty of $150, from which $50 shall be
   55  deposited into the Solid Waste Management Trust Fund to be used
   56  for the solid waste management grant program pursuant to s.
   57  403.7095. In addition, the court may require the violator to
   58  pick up litter or perform other labor commensurate with the
   59  offense committed.
   60         2.If a person violates subparagraph 1. by intentionally
   61  dumping onto private property litter that evidences religious or
   62  ethnic animus toward an owner or invitee of such property, the
   63  person commits a felony of the third degree, punishable as
   64  provided in s. 775.082, s. 775.083, or s. 775.084. As used in
   65  this subparagraph, the term “animus” includes intent to
   66  intimidate or threaten or intent to do harm. A violation of this
   67  subparagraph shall be reported pursuant to s. 877.19.
   68         Section 2. Section 784.0493, Florida Statutes, is created
   69  to read:
   70         784.0493Harassment or intimidation based on religious or
   71  ethnic heritage.—
   72         (1)As used in this section, the term “harass” has the same
   73  meaning as in s. 784.048.
   74         (2)A person may not willfully and maliciously harass,
   75  threaten, or intimidate another person based on the person’s
   76  wearing or displaying of any indicia relating to any religious
   77  or ethnic heritage.
   78         (3)A person who violates this section commits a felony of
   79  the third degree, punishable as provided in s. 775.082, s.
   80  775.083, or s. 775.084.
   81         (4)A violation of this section shall be reported pursuant
   82  to s. 877.19.
   83         Section 3. Present subsections (6) through (10) of section
   84  806.13, Florida Statutes, are redesignated as subsections (7)
   85  through (11), respectively, a new subsection (6) is added to
   86  that section, and subsection (2) and present subsection (9) of
   87  that section are amended, to read:
   88         806.13 Criminal mischief; penalties; penalty for minor.—
   89         (2)(a) Any person who willfully and maliciously defaces,
   90  injures, or damages by any means:
   91         1. Any church, synagogue, mosque, or other place of
   92  worship, or any religious article contained therein;
   93         2.Any cemetery, grave, or memorial as defined in s.
   94  806.135 which the person knows, or reasonably should have known,
   95  is associated with a particular religious or ethnic heritage; or
   96         3.Any school or community center as defined in s.
   97  893.13(1)(c) which the person knows, or reasonably should have
   98  known, is associated with a particular religious or ethnic
   99  heritage,
  100  
  101  commits a felony of the third degree, punishable as provided in
  102  s. 775.082, s. 775.083, or s. 775.084, if the damage to the
  103  property is greater than $200.
  104         (b)A violation of this subsection shall be reported
  105  pursuant to s. 877.19.
  106         (c)For purposes of this subsection, the term “school”
  107  means the grounds or facility of any early learning center,
  108  prekindergarten, kindergarten, elementary school, middle school,
  109  junior high school, secondary school, career center, or
  110  postsecondary school, whether public or private.
  111         (6)A person may not knowingly and intentionally display or
  112  project, using any medium, an image onto a building, structure,
  113  or other property without the written consent of the owner of
  114  the building, structure, or property. For purposes of this
  115  subsection, the term “image” means a visual representation or
  116  likeness of a person or object, including text, graphics, logos,
  117  other artwork, or any combination thereof.
  118         (a)A person who violates this subsection commits a
  119  misdemeanor of the first degree, punishable as provided in s.
  120  775.082 or s. 775.083.
  121         (b)If a person displays or projects an image that
  122  evidences religious or ethnic animus during the commission of an
  123  offense under this subsection, it is prima facie evidence that
  124  such person has evidenced prejudice in the commission of the
  125  offense for the purpose of reclassifying the penalty under s.
  126  775.085. As used in this paragraph, the term “animus” includes
  127  intent to intimidate or threaten or intent to do harm.
  128         (c)If the penalty for a violation of this subsection is
  129  reclassified under s. 775.085, such a violation shall be
  130  reported pursuant to s. 877.19.
  131         (10)(9) A minor whose driver license or driving privilege
  132  is revoked, suspended, or withheld under subsection (9) (8) may
  133  elect to reduce the period of revocation, suspension, or
  134  withholding by performing community service at the rate of 1 day
  135  for each hour of community service performed. In addition, if
  136  the court determines that due to a family hardship, the minor’s
  137  driver license or driving privilege is necessary for employment
  138  or medical purposes of the minor or a member of the minor’s
  139  family, the court shall order the minor to perform community
  140  service and reduce the period of revocation, suspension, or
  141  withholding at the rate of 1 day for each hour of community
  142  service performed. As used in this subsection, the term
  143  “community service” means cleaning graffiti from public
  144  property.
  145         Section 4. Section 810.098, Florida Statutes, is created to
  146  read:
  147         810.098Trespass for the purpose of threatening or
  148  intimidating another person.—
  149         (1)(a)Whoever, without being authorized, licensed, or
  150  invited, willfully enters the campus of a state university or
  151  Florida College System institution for the purpose of
  152  threatening or intimidating another person, and is warned by the
  153  state university or Florida College System institution to depart
  154  and refuses to do so, commits a misdemeanor of the first degree,
  155  punishable as provided in s. 775.082 or s. 775.083.
  156         (b)If a person evidences religious or ethnic animus during
  157  the commission of an offense under this subsection, it is prima
  158  facie evidence that such person has evidenced prejudice in the
  159  commission of the offense for the purpose of reclassifying the
  160  penalty under s. 775.085.
  161         (c)If the penalty for a violation of this subsection is
  162  reclassified under s. 775.085, such a violation shall be
  163  reported pursuant to s. 877.19.
  164         (2)As used in this section, the term:
  165         (a)“Animus” includes intent to intimidate or threaten or
  166  intent to do harm.
  167         (b)“Florida College System institution” has the same
  168  meaning as in s. 1000.21(3).
  169         (c)“State university” has the same meaning as in s.
  170  1000.21(6).
  171         Section 5. Subsection (1) of section 871.01, Florida
  172  Statutes, is amended to read:
  173         871.01 Disturbing schools and religious and other
  174  assemblies.—
  175         (1)(a) Whoever willfully and maliciously interrupts or
  176  disturbs any school or any assembly of people met for the
  177  worship of God, any assembly of people met for the purpose of
  178  acknowledging the death of an individual, or any assembly of
  179  people met for any other lawful purpose commits a misdemeanor of
  180  the first second degree, punishable as provided in s. 775.082 or
  181  s. 775.083.
  182         (b)If a person evidences religious or ethnic animus during
  183  the commission of an offense under this subsection, it is prima
  184  facie evidence that such person has evidenced prejudice in the
  185  commission of the offense for the purpose of reclassifying the
  186  penalty under s. 775.085. As used in this paragraph, the term
  187  “animus” includes intent to intimidate or threaten or intent to
  188  do harm.
  189         (c)If the penalty for a violation of this subsection is
  190  reclassified under s. 775.085, such a violation shall be
  191  reported pursuant to s. 877.19.
  192         Section 6. This act shall take effect upon becoming a law.