Florida Senate - 2025 SB By Senator Sharief 35-00666A-25 2025406__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to hate crimes; amending s. 817.49, 2 F.S.; designating as a hate crime a person’s false reporting of the commission of a crime in whole or in part because of certain beliefs or perceptions about another person; providing criminal penalties; 6 providing a mandatory minimum term of imprisonment; 7 authorizing a court to order a program or training directed at hate crime prevention and education; 9 requiring a court to order any person convicted of a certain violation to pay restitution to victims for any costs incurred; providing an effective date. 12

Be It Enacted by the Legislature of the State of Florida: 14

Section

Section 817.49, Florida Statutes, is amended to read: 17 817.49 False reports of commission of crimes; hate crimes; 18 required restitution; penalty.— 19

(1) Except as provided in subsection (2), whoever willfully imparts, conveys, or causes to be imparted or conveyed to a law enforcement officer or employee of a public safety agency false information or reports concerning the alleged commission of any crime under the laws of this state, knowing such information or report to be false, when no such crime has actually been committed, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 27 (2)(

a) As used in this section, the term “public safety agency” means a law enforcement agency, professional or Florida Senate - 2025 SB 406 35-00666A-25 2025406__ CODING: Words stricken are deletions; words underlined are additions. volunteer fire department, emergency medical service, ambulance service, or other public entity that dispatches or provides first responder services to respond to crimes, to assist victims of crimes, or to apprehend offenders. 33

(

b) If the willful making of a false report of a crime as set forth in this

section results in a response by a federal, 35 state, district, municipal, or other public safety agency and the response results in: 37 1. Great bodily harm, permanent disfigurement, or permanent disability to any person as a proximate result of lawful conduct arising out of a response, the person making such report commits a felony of the third degree, punishable as provided in s. 41 775.082, s. 775.083, or s. 775.084. 42 2. Death to any person as a proximate result of lawful conduct arising out of a response, the person making such report commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 46

(3) A person who violates subsection (1) also commits a hate crime if he or she intentionally selects a person in whole or in part because of a belief or perception regarding the race, 49 color, religion, religious practice, gender, gender identity or expression, national origin, ancestry, ethnicity, age, 51 disability, sex, or sexual orientation of that person, 52 regardless of whether the belief or perception is correct.

A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 55 775.083, with a mandatory minimum term of imprisonment of 10 months. The court may order as part of the sentence that the person who violates this subsection successfully complete a 40-58 Florida Senate - 2025 SB 406 35-00666A-25 2025406__ CODING: Words stricken are deletions; words underlined are additions. hour program or training directed at hate crime prevention and education. 60

(4) A court shall order any person convicted of violating this

section to pay restitution, which must shall include, but is not limited to, full payment for any cost incurred by a victim or a responding public safety agency. 64

Section 2. This act shall take effect October 1, 2025. 65