Florida Senate - 2021 SB 484 By Senator Burgess 20-00874-21 2021484__ Page 1 of 52 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to combating public disorder; amending 2 s. 166.241, F.S.; authorizing a resident of a 3 municipality to file an appeal to the Administration 4 Commission if the governing body of the municipality 5 makes a specified reduction to the operating budget of 6 a municipal law enforcement agency; requiring the 7 petition to contain specified information; requiring 8 the Executive Office of the Governor to conduct a 9 budget hearing considering the matter and make 10 findings and recommendations to the Administration 11 Commission; requiring the commission to approve, 12 amend, or modify the municipality’s budget; amending 13 s. 316.2045, F.S.; revising the prohibition on 14 obstructing traffic by standing on the street, 15 highway, or road; deleting provisions concerning 16 charitable solicitations; amending s. 768.28, F.S.; 17 creating a cause of action against a municipality for 18 obstructing or interfering with reasonable law 19 enforcement protection during a riot or an unlawful 20 assembly; waiving sovereign immunity for a 21 municipality in specified circumstances; amending s. 22 784.011, F.S.; reclassifying the penalty for an 23 assault committed in furtherance of a riot or an 24 aggravated riot; amending s. 784.021, F.S.; increasing 25 the offense severity ranking of an aggravated assault 26 for the purposes of the Criminal Punishment Code if 27 committed in furtherance of a riot or an aggravated 28 riot; amending s. 784.03, F.S.; reclassifying the 29

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 2 of 52 CODING: Words stricken are deletions; words underlined are additions. penalty for a battery committed in furtherance of a 30 riot or an aggravated riot; amending s. 784.045, F.S.; 31 increasing the offense severity ranking of an 32 aggravated battery for the purposes of the Criminal 33 Punishment Code if committed in furtherance of a riot 34 or an aggravated riot; creating s. 784.0495, F.S.; 35 prohibiting specified assemblies from using or 36 threatening the use of force against another person to 37 do any act or assume or abandon a particular 38 viewpoint; providing a penalty; requiring a person 39 arrested for a violation to be held in custody until 40 first appearance; amending s. 784.07, F.S.; requiring 41 a minimum term of imprisonment for a person convicted 42 of battery on a law enforcement officer committed in 43 furtherance of a riot or an aggravated riot; 44 increasing the offense severity ranking of an assault 45 or battery against specified first responders for the 46 purposes of the Criminal Punishment Code if committed 47 in furtherance of a riot or an aggravated riot; 48 amending s. 806.13, F.S.; prohibiting defacing, 49 injuring, or damaging a memorial; providing a penalty; 50 requiring a court to order restitution for such a 51 violation; creating s. 806.135, F.S.; providing a 52 definition; prohibiting a person from destroying or 53 demolishing a memorial; providing a penalty; requiring 54 a court to order restitution for such a violation; 55 amending s. 810.02, F.S.; reclassifying specified 56 burglary offenses committed during a riot or an 57 aggravated riot and facilitated by conditions arising 58

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 3 of 52 CODING: Words stricken are deletions; words underlined are additions. from the riot; providing a definition; requiring a 59 person arrested for such a violation to be held in 60 custody until first appearance; amending s. 812.014, 61 F.S.; reclassifying specified theft offenses committed 62 during a riot or an aggravated riot and facilitated by 63 conditions arising from the riot; providing a 64 definition; requiring a person arrested for such a 65 violation to be held in custody until first 66 appearance; creating s. 836.115, F.S.; providing 67

definitions; prohibiting cyberintimidation by 68 publication; providing criminal penalties; amending s. 69 870.01, F.S.; prohibiting a person from fighting in a 70 public place; prohibiting specified assemblies from 71 engaging in disorderly and violent conduct resulting 72 in specified damage or injury; providing an increased 73 penalty for rioting under specified circumstances; 74 prohibiting a person from inciting or encouraging a 75 riot; providing an increased penalty for inciting or 76 encouraging a riot under specified circumstances; 77 providing

definitions; requiring a person arrested for 78 such a violation to be held in custody until first 79 appearance; providing an exception; amending s. 80 870.02, F.S.; requiring a person arrested for an 81 unlawful assembly to be held in custody until first 82 appearance; amending s. 870.03, F.S.; requiring a 83 person arrested for a riot or rout to be held in 84 custody until first appearance; creating s. 870.07, 85 F.S.; creating an affirmative defense to a civil 86 action where the plaintiff participated in a riot or 87

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 4 of 52 CODING: Words stricken are deletions; words underlined are additions. unlawful assembly; amending s. 872.02, F.S.; 88 increasing the offense severity ranking of specified 89 offenses involving graves and tombs for the purposes 90 of the Criminal Punishment Code if committed in 91 furtherance of a riot or an aggravated riot; amending 92 s. 921.0022, F.S.; conforming provisions to changes 93 made by the act; ranking offenses created by the act 94 on the offense severity ranking chart; providing an 95 effective date. 96 97 Be It Enacted by the Legislature of the State of Florida: 98 99

Section 1. Subsections (4) through (6) of

section 166.241, 100 Florida Statutes, are renumbered as subsections (6) through (8), 101 respectively, new subsections (4) and (5) are added to that 102 section, and present subsection (6) of that

section is amended, 103 to read: 104 166.241 Fiscal years, budgets, appeal of municipal law 105 enforcement agency budget, and budget amendments.— 106 (4)(

a) Within 30 days after a municipality posts its 107 tentative budget to the official website under subsection (3), a 108 resident of the municipality may file an appeal by petition to 109 the Administration Commission if the tentative budget contains a 110 funding reduction to the operating budget of the municipal law 111 enforcement agency. The petition must set forth the tentative 112 budget proposed by the municipality, in the form and manner 113 prescribed by the Executive Office of the Governor and approved 114 by the Administration Commission, the operating budget of the 115 municipal law enforcement agency as approved by the municipality 116

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 5 of 52 CODING: Words stricken are deletions; words underlined are additions. for the previous year, and state the reasons or grounds for the 117 appeal. The petition shall be filed with the Executive Office of 118 the Governor, and a copy served upon the governing body of the 119 municipality or to the clerk of the circuit court of the county 120 in which the municipality is located. 121 (

b) The governing body of the municipality has 5 working 122 days after delivery of a copy of the petition to file a reply 123 with the Executive Office of the Governor, and shall deliver a 124 copy of such reply to the petitioner. 125

(5) Upon receipt of the petition, the Executive Office of 126 the Governor shall provide for a budget hearing at which the 127 matters presented in the petition and the reply shall be 128 considered. A report of the findings and recommendations of the 129 Executive Office of the Governor thereon shall be promptly 130 submitted to the Administration Commission, which, within 30 131 days, shall approve the action of the governing body of the 132 municipality or amend or modify the budget as to each separate 133 item within the operating budget of the municipal law 134 enforcement agency. The budget as approved, amended, or modified 135 by the Administration Commission shall be final. 136 (8)

(6) If the governing body of a municipality amends the 137 budget pursuant to paragraph (7)(c) paragraph (5)(c), the 138 adopted amendment must be posted on the official website of the 139 municipality within 5 days after adoption and must remain on the 140 website for at least 2 years. If the municipality does not 141 operate an official website, the municipality must, within a 142 reasonable period of time as established by the county or 143 counties in which the municipality is located, transmit the 144 adopted amendment to the manager or administrator of such county 145

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 6 of 52 CODING: Words stricken are deletions; words underlined are additions. or counties who shall post the adopted amendment on the county’s 146 website. 147

Section

Section 316.2045, Florida Statutes, is amended 148 to read: 149 316.2045 Obstruction of public streets, highways, and 150 roads.— 151

(1) A It is unlawful for any person may not intentionally 152 or persons willfully to obstruct the free, convenient, and 153 normal use of a any public street, highway, or road by impeding, 154 hindering, stifling, retarding, or restraining traffic or 155 passage thereon, by standing or remaining on the street, 156 highway, or road or approaching motor vehicles thereon, or by 157 endangering the safe movement of vehicles or pedestrians 158 traveling thereon. A ; and any person or persons who violates 159 violate the provisions of this subsection, upon conviction, 160 shall be cited for a pedestrian violation, punishable as 161 provided in

chapter 318. 162

(2) It is unlawful, without proper authorization or a 163 lawful permit, for any person or persons willfully to obstruct 164 the free, convenient, and normal use of any public street, 165 highway, or road by any of the means specified in subsection (1) 166 in order to solicit. Any person who violates the provisions of 167 this subsection is guilty of a misdemeanor of the second degree, 168 punishable as provided in s. 775.082 or s. 775.083. 169 Organizations qualified under s. 501(c)(3) of the Internal 170 Revenue Code and registered pursuant to

chapter 496, or persons 171 or organizations acting on their behalf are exempted from the 172 provisions of this subsection for activities on streets or roads 173 not maintained by the state. Permits for the use of any portion 174

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 7 of 52 CODING: Words stricken are deletions; words underlined are additions. of a state-maintained road or right-of-way shall be required 175 only for those purposes and in the manner set out in s. 337.406. 176

(3) Permits for the use of any street, road, or right-of-177 way not maintained by the state may be issued by the appropriate 178 local government. An organization that is qualified under s. 179 501(c)(3) of the Internal Revenue Code and registered under 180

chapter 496, or a person or organization acting on behalf of 181 that organization, is exempt from local requirements for a 182 permit issued under this subsection for charitable solicitation 183 activities on or along streets or roads that are not maintained 184 by the state under the following conditions: 185 (

a) The organization, or the person or organization acting 186 on behalf of the organization, must provide all of the following 187 to the local government: 188 1. No fewer than 14 calendar days prior to the proposed 189 solicitation, the name and address of the person or organization 190 that will perform the solicitation and the name and address of 191 the organization that will receive funds from the solicitation. 192 2.

For review and comment, a plan for the safety of all 193 persons participating in the solicitation, as well as the 194 motoring public, at the locations where the solicitation will 195 take place. 196 3. Specific details of the location or locations of the 197 proposed solicitation and the hours during which the 198 solicitation activities will occur. 199 4. Proof of commercial general liability insurance against 200 claims for bodily injury and property damage occurring on 201 streets, roads, or rights-of-way or arising from the solicitor’s 202 activities or use of the streets, roads, or rights-of-way by the 203

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 8 of 52 CODING: Words stricken are deletions; words underlined are additions. solicitor or the solicitor’s agents, contractors, or employees. 204 The insurance shall have a limit of not less than $1 million per 205 occurrence for the general aggregate. The certificate of 206 insurance shall name the local government as an additional 207 insured and shall be filed with the local government no later 208 than 72 hours before the date of the solicitation. 209 5.

Proof of registration with the Department of Agriculture 210 and Consumer Services pursuant to s. 496.405 or proof that the 211 soliciting organization is exempt from the registration 212 requirement. 213 (

b) Organizations or persons meeting the requirements of 214 subparagraphs (a)1.-5. may solicit for a period not to exceed 10 215 cumulative days within 1 calendar year. 216 (

c) All solicitation shall occur during daylight hours 217 only. 218 (

d) Solicitation activities shall not interfere with the 219 safe and efficient movement of traffic and shall not cause 220 danger to the participants or the public. 221 (

e) No person engaging in solicitation activities shall 222 persist after solicitation has been denied, act in a demanding 223 or harassing manner, or use any sound or voice-amplifying 224 apparatus or device. 225 (

f) All persons participating in the solicitation shall be 226 at least 18 years of age and shall possess picture 227 identification. 228 (

g) Signage providing notice of the solicitation shall be 229 posted at least 500 feet before the site of the solicitation. 230 (

h) The local government may stop solicitation activities 231 if any conditions or requirements of this subsection are not 232

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 9 of 52 CODING: Words stricken are deletions; words underlined are additions. met. 233

(4) Nothing in this

section shall be construed to inhibit 234 political campaigning on the public right-of-way or to require a 235 permit for such activity. 236 (2)

(5) Notwithstanding the provisions of subsection (1), 237 any commercial vehicle used solely for the purpose of collecting 238 solid waste or recyclable or recovered materials may stop or 239 stand on any public street, highway, or road for the sole 240 purpose of collecting solid waste or recyclable or recovered 241 materials. However, such solid waste or recyclable or recovered 242 materials collection vehicle shall show or display amber 243 flashing hazard lights at all times that it is engaged in 244 stopping or standing for the purpose of collecting solid waste 245 or recyclable or recovered materials.

Local governments may 246 establish reasonable regulations governing the standing and 247 stopping of such commercial vehicles, provided that such 248 regulations are applied uniformly and without regard to the 249 ownership of the vehicles. 250

Section 3. Subsection (5) of

section 768.28, Florida 251 Statutes, is amended to read: 252 768.28 Waiver of sovereign immunity in tort actions; 253 recovery limits; civil liability for damages caused during a 254 riot; limitation on attorney fees; statute of limitations; 255 exclusions; indemnification; risk management programs.— 256 (5)(

a) The state and its agencies and subdivisions shall be 257 liable for tort claims in the same manner and to the same extent 258 as a private individual under like circumstances, but liability 259 shall not include punitive damages or interest for the period 260 before judgment. Neither the state nor its agencies or 261

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 10 of 52 CODING: Words stricken are deletions; words underlined are additions. subdivisions shall be liable to pay a claim or a judgment by any 262 one person which exceeds the sum of $200,000 or any claim or 263 judgment, or portions thereof, which, when totaled with all 264 other claims or judgments paid by the state or its agencies or 265 subdivisions arising out of the same incident or occurrence, 266 exceeds the sum of $300,000.

However, a judgment or judgments 267 may be claimed and rendered in excess of these amounts and may 268 be settled and paid pursuant to this act up to $200,000 or 269 $300,000, as the case may be; and that portion of the judgment 270 that exceeds these amounts may be reported to the Legislature, 271 but may be paid in part or in whole only by further act of the 272 Legislature.

Notwithstanding the limited waiver of sovereign 273 immunity provided herein, the state or an agency or subdivision 274 thereof may agree, within the limits of insurance coverage 275 provided, to settle a claim made or a judgment rendered against 276 it without further action by the Legislature, but the state or 277 agency or subdivision thereof shall not be deemed to have waived 278 any defense of sovereign immunity or to have increased the 279 limits of its liability as a result of its obtaining insurance 280 coverage for tortious acts in excess of the $200,000 or $300,000 281 waiver provided above.

The limitations of liability set forth in 282 this subsection shall apply to the state and its agencies and 283 subdivisions whether or not the state or its agencies or 284 subdivisions possessed sovereign immunity before July 1, 1974. 285 (

b) A governing body of a municipality that intentionally 286 obstructs or interferes with the ability of a municipal law 287 enforcement agency to provide reasonable law enforcement 288 protection during a riot or unlawful assembly is civilly liable 289 for any damages, including damages arising from personal injury, 290

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 11 of 52 CODING: Words stricken are deletions; words underlined are additions. wrongful death, or property damage, proximately caused by the 291 agency’s failure to provide reasonable law enforcement 292 protection during a riot or unlawful assembly. The sovereign 293 immunity recovery limits in paragraph (

a) do not apply to an 294 action under this paragraph. 295

Section 4. Subsection (2) of

section 784.011, Florida 296 Statutes, is amended and subsection (3) is added to that 297 section, to read: 298 784.011 Assault.— 299

(2) Except as provided in subsection (3), a person who 300 assaults another person Whoever commits an assault shall be 301 guilty of a misdemeanor of the second degree, punishable as 302 provided in s. 775.082 or s. 775.083. 303

(3) A person who assaults another person in furtherance of 304 a riot or an aggravated riot prohibited under s. 870.01 commits 305 a misdemeanor of the first degree, punishable as provided in s. 306 775.082 or s. 775.083. 307

Section 5. Subsection (2) of

section 784.021, Florida 308 Statutes, is amended and subsection (3) is added to that 309 section, to read: 310 784.021 Aggravated assault.— 311

(2) A person who Whoever commits an aggravated assault 312 commits shall be guilty of a felony of the third degree, 313 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 314

(3) For the purposes of sentencing under

chapter 921 and 315 determining incentive gain-time eligibility under

chapter 944, a 316 violation of this

section committed by a person acting in 317 furtherance of a riot or an aggravated riot prohibited under s. 318 870.01 is ranked one level above the ranking under s. 921.0022 319

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 12 of 52 CODING: Words stricken are deletions; words underlined are additions. for the offense committed. 320

Section

Section 784.03, Florida Statutes, is amended to 321 read: 322 784.03 Battery; felony battery.— 323 (1)(

a) The offense of battery occurs when a person: 324 1. Actually and intentionally touches or strikes another 325 person against the will of the other; or 326 2. Intentionally causes bodily harm to another person. 327 (

b) Except as provided in subsection (2) or subsection (3), 328 a person who commits battery commits a misdemeanor of the first 329 degree, punishable as provided in s. 775.082 or s. 775.083. 330

(2) A person who has one prior conviction for battery, 331 aggravated battery, or felony battery and who commits any second 332 or subsequent battery commits a felony of the third degree, 333 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 334 For purposes of this subsection, “conviction” means a 335 determination of guilt that is the result of a plea or a trial, 336 regardless of whether adjudication is withheld or a plea of nolo 337 contendere is entered. 338

(3) A person who commits a battery in furtherance of a riot 339 or an aggravated riot prohibited under s. 870.01 commits a 340 felony of the third degree, punishable as provided in s. 341 775.082, s. 775.083, or 775.084. 342

Section

Section 784.045, Florida Statutes, is amended to 343 read: 344 784.045 Aggravated battery.— 345 (1)(

a) A person commits aggravated battery who, in 346 committing battery: 347 1. Intentionally or knowingly causes great bodily harm, 348

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 13 of 52 CODING: Words stricken are deletions; words underlined are additions. permanent disability, or permanent disfigurement; or 349 2. Uses a deadly weapon. 350 (

b) A person commits aggravated battery if the person who 351 was the victim of the battery was pregnant at the time of the 352 offense and the offender knew or should have known that the 353 victim was pregnant. 354

(2) A person who violates subsection (1) commits Whoever 355 commits aggravated battery shall be guilty of a felony of the 356 second degree, punishable as provided in s. 775.082, s. 775.083, 357 or s. 775.084. 358

(3) For the purposes of sentencing under

chapter 921 and 359 determining incentive gain-time eligibility under

chapter 944, a 360 violation of this

section committed by a person acting in 361 furtherance of a riot or an aggravated riot prohibited under s. 362 870.01 is ranked one level above the ranking under s. 921.0022 363 for the offense committed. 364

Section

Section 784.0495, Florida Statutes, is created 365 to read: 366 784.0495 Mob intimidation.— 367

(1) It is unlawful for a person, assembled with two or more 368 other persons and acting with a common intent, to compel or 369 induce, or attempt to compel or induce, another person by force, 370 or threat of force, to do any act or to assume or abandon a 371 particular viewpoint. 372

(2) A person who violates subsection (1) commits a 373 misdemeanor of the first degree, punishable as provided in s. 374 775.082 or s. 775.083. 375

(3) A person arrested for a violation of this

section shall 376 be held in custody until brought before the court for admittance 377

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 14 of 52 CODING: Words stricken are deletions; words underlined are additions. to bail in accordance with

chapter 903. 378

Section 9. Subsection (2) of

section 784.07, Florida 379 Statutes, is amended and subsection (4) is added to that 380 section, to read: 381 784.07 Assault or battery of law enforcement officers, 382 firefighters, emergency medical care providers, public transit 383 employees or agents, or other specified officers; 384 reclassification of offenses; minimum sentences.— 385

(2) Whenever any person is charged with knowingly 386 committing an assault or battery upon a law enforcement officer, 387 a firefighter, an emergency medical care provider, a railroad 388 special officer, a traffic accident investigation officer as 389 described in s. 316.640, a nonsworn law enforcement agency 390 employee who is certified as an agency inspector, a blood 391 alcohol analyst, or a breath test operator while such employee 392 is in uniform and engaged in processing, testing, evaluating, 393 analyzing, or transporting a person who is detained or under 394 arrest for DUI, a law enforcement explorer, a traffic infraction 395 enforcement officer as described in s. 316.640, a parking 396 enforcement specialist as defined in s. 316.640, a person 397 licensed as a security officer as defined in s. 493.6101 and 398 wearing a uniform that bears at least one patch or emblem that 399 is visible at all times that clearly identifies the employing 400 agency and that clearly identifies the person as a licensed 401 security officer, or a security officer employed by the board of 402 trustees of a community college, while the officer, firefighter, 403 emergency medical care provider, railroad special officer, 404 traffic accident investigation officer, traffic infraction 405 enforcement officer, inspector, analyst, operator, law 406

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 15 of 52 CODING: Words stricken are deletions; words underlined are additions. enforcement explorer, parking enforcement specialist, public 407 transit employee or agent, or security officer is engaged in the 408 lawful performance of his or her duties, the offense for which 409 the person is charged shall be reclassified as follows: 410 (

a) In the case of assault, from a misdemeanor of the 411 second degree to a misdemeanor of the first degree. 412 (

b) In the case of battery, from a misdemeanor of the first 413 degree to a felony of the third degree. Notwithstanding any 414 other provision of law, a person convicted of battery upon a law 415 enforcement officer committed in furtherance of a riot or an 416 aggravated riot prohibited under s. 870.01 shall be sentenced to 417 a minimum term of imprisonment of 6 months. 418 (

c) In the case of aggravated assault, from a felony of the 419 third degree to a felony of the second degree. Notwithstanding 420 any other provision of law, any person convicted of aggravated 421 assault upon a law enforcement officer shall be sentenced to a 422 minimum term of imprisonment of 3 years. 423 (

d) In the case of aggravated battery, from a felony of the 424 second degree to a felony of the first degree. Notwithstanding 425 any other provision of law, any person convicted of aggravated 426 battery of a law enforcement officer shall be sentenced to a 427 minimum term of imprisonment of 5 years. 428

(4) For purposes of sentencing under

chapter 921 and 429 determining incentive gain-time eligibility under

chapter 944, a 430 felony violation of this

section committed by a person acting in 431 furtherance of a riot or an aggravated riot prohibited under s. 432 870.01 is ranked one level above the ranking under s. 921.0022 433 for the offense committed. 434

Section 10. Subsections (3) through (9) of

section 806.13, 435

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 16 of 52 CODING: Words stricken are deletions; words underlined are additions. Florida Statutes, are renumbered as subsections (4) through 436 (10), respectively, a new subsection (3) is added to that 437 section, and present subsection (8) of that

section is amended, 438 to read: 439 806.13 Criminal mischief; penalties; penalty for minor.— 440

(3) Any person who, without the consent of the owner 441 thereof, willfully and maliciously defaces, injures, or 442 otherwise damages by any means a memorial, as defined in s. 443 806.135, and the value of the damage to the memorial is greater 444 than $200, commits a felony of the third degree, punishable as 445 provided in s. 775.082, s. 775.083, or s. 775.084. A court shall 446 order any person convicted of violating this subsection to pay 447 restitution, which shall include the full cost of repair or 448 replacement of such memorial. 449 (9)

(8) A minor whose driver license or driving privilege is 450 revoked, suspended, or withheld under subsection (8)(7) may 451 elect to reduce the period of revocation, suspension, or 452 withholding by performing community service at the rate of 1 day 453 for each hour of community service performed.

In addition, if 454 the court determines that due to a family hardship, the minor’s 455 driver license or driving privilege is necessary for employment 456 or medical purposes of the minor or a member of the minor’s 457 family, the court shall order the minor to perform community 458 service and reduce the period of revocation, suspension, or 459 withholding at the rate of 1 day for each hour of community 460 service performed. As used in this subsection, the term 461 “community service” means cleaning graffiti from public 462 property. 463

Section

Section 806.135, Florida Statutes, is created 464

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 17 of 52 CODING: Words stricken are deletions; words underlined are additions. to read: 465 806.135 Destroying or demolishing a memorial.— 466

(1) As used in this section, the term “memorial” means a 467 plaque, statue, marker, flag, banner, cenotaph, religious 468 symbol, painting, seal, tombstone, structure name, or display 469 that is constructed and located with the intent of being 470 permanently displayed or perpetually maintained; is dedicated to 471 a historical person, an entity, an event, or a series of events; 472 and honors or recounts the military service of any past or 473 present United States Armed Forces military personnel, or the 474 past or present public service of a resident of the geographical 475 area comprising the state or the United States.

The term 476 includes, but is not limited to, the following memorials 477 established under

chapter 265: 478 (

a) Florida Women’s Hall of Fame. 479 (

b) Florida Medal of Honor Wall. 480 (

c) Florida Veterans’ Hall of Fame. 481 (

d) POW-MIA Chair of Honor Memorial. 482 (

e) Florida Veterans’ Walk of Honor and Florida Veterans’ 483 Memorial Garden. 484 (

f) Florida Law Enforcement Officers’ Hall of Fame. 485 (

g) Florida Holocaust Memorial. 486 (

h) Florida Slavery Memorial. 487 (

i) Any other memorial located within the Capitol Complex, 488 including, but not limited to, Waller Park. 489

(2) It is unlawful for any person to willfully and 490 maliciously destroy or demolish any memorial, or pull down a 491 memorial, unless authorized by the owner of the memorial. A 492 person who violates this

section commits a felony of the second 493

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 18 of 52 CODING: Words stricken are deletions; words underlined are additions. degree, punishable as provided in s. 775.082, s. 775.083, or s. 494 775.084. 495

(3) A court shall order any person convicted of violating 496 this

section to pay restitution, which shall include the full 497 cost of repair or replacement of such memorial. 498

Section 12. Subsections (3) and (4) of

section 810.02, 499 Florida Statutes, are amended to read: 500 810.02 Burglary.— 501

(3) Burglary is a felony of the second degree, punishable 502 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the 503 course of committing the offense, the offender does not make an 504 assault or battery and is not and does not become armed with a 505 dangerous weapon or explosive, and the offender enters or 506 remains in a: 507 (

a) Dwelling, and there is another person in the dwelling 508 at the time the offender enters or remains; 509 (

b) Dwelling, and there is not another person in the 510 dwelling at the time the offender enters or remains; 511 (

c) Structure, and there is another person in the structure 512 at the time the offender enters or remains; 513 (

d) Conveyance, and there is another person in the 514 conveyance at the time the offender enters or remains; 515 (

e) Authorized emergency vehicle, as defined in s. 316.003; 516 or 517 (

f) Structure or conveyance when the offense intended to be 518 committed therein is theft of a controlled substance as defined 519 in s. 893.02. Notwithstanding any other law, separate judgments 520 and sentences for burglary with the intent to commit theft of a 521 controlled substance under this paragraph and for any applicable 522

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 19 of 52 CODING: Words stricken are deletions; words underlined are additions. possession of controlled substance offense under s. 893.13 or 523 trafficking in controlled substance offense under s. 893.135 may 524 be imposed when all such offenses involve the same amount or 525 amounts of a controlled substance. 526 527 However, if the burglary is committed during a riot or an 528 aggravated riot prohibited under s. 870.01 and the perpetration 529 of the burglary is facilitated by conditions arising from the 530 riot; or within a county that is subject to a state of emergency 531 declared by the Governor under

chapter 252 after the declaration 532 of emergency is made and the perpetration of the burglary is 533 facilitated by conditions arising from the emergency, the 534 burglary is a felony of the first degree, punishable as provided 535 in s. 775.082, s. 775.083, or s. 775.084.

As used in this 536 subsection, the term “conditions arising from the riot” means 537 civil unrest, power outages, curfews, or a reduction in the 538 presence of or response time for first responders or homeland 539 security personnel and the term “conditions arising from the 540 emergency” means civil unrest, power outages, curfews, voluntary 541 or mandatory evacuations, or a reduction in the presence of or 542 response time for first responders or homeland security 543 personnel.

A person arrested for committing a burglary during a 544 riot or an aggravated riot or within a county that is subject to 545 such a state of emergency may not be released until the person 546 appears before a committing magistrate at a first appearance 547 hearing. For purposes of sentencing under

chapter 921, a felony 548 offense that is reclassified under this subsection is ranked one 549 level above the ranking under s. 921.0022 or s. 921.0023 of the 550 offense committed. 551

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 20 of 52 CODING: Words stricken are deletions; words underlined are additions.

(4) Burglary is a felony of the third degree, punishable as 552 provided in s. 775.082, s. 775.083, or s. 775.084, if, in the 553 course of committing the offense, the offender does not make an 554 assault or battery and is not and does not become armed with a 555 dangerous weapon or explosive, and the offender enters or 556 remains in a: 557 (

a) Structure, and there is not another person in the 558 structure at the time the offender enters or remains; or 559 (

b) Conveyance, and there is not another person in the 560 conveyance at the time the offender enters or remains. 561 562 However, if the burglary is committed during a riot or an 563 aggravated riot prohibited under s. 870.01 and the perpetration 564 of the burglary is facilitated by conditions arising from the 565 riot; or within a county that is subject to a state of emergency 566 declared by the Governor under

chapter 252 after the declaration 567 of emergency is made and the perpetration of the burglary is 568 facilitated by conditions arising from the emergency, the 569 burglary is a felony of the second degree, punishable as 570 provided in s. 775.082, s. 775.083, or s. 775.084.

As used in 571 this subsection, the terms “conditions arising from the riot” 572 and term “conditions arising from the emergency” have the same 573 meanings as provided in subsection (3) means civil unrest, power 574 outages, curfews, voluntary or mandatory evacuations, or a 575 reduction in the presence of or response time for first 576 responders or homeland security personnel. A person arrested for 577 committing a burglary during a riot or an aggravated riot or 578 within a county that is subject to such a state of emergency may 579 not be released until the person appears before a committing 580

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 21 of 52 CODING: Words stricken are deletions; words underlined are additions. magistrate at a first appearance hearing. For purposes of 581 sentencing under

chapter 921, a felony offense that is 582 reclassified under this subsection is ranked one level above the 583 ranking under s. 921.0022 or s. 921.0023 of the offense 584 committed. 585

Section 13. Paragraphs (

b) and (

c) of subsection (2) of 586

section 812.014, Florida Statutes, are amended to read: 587 812.014 Theft.— 588 (2) 589 (b)1. If the property stolen is valued at $20,000 or more, 590 but less than $100,000; 591 2. The property stolen is cargo valued at less than $50,000 592 that has entered the stream of interstate or intrastate commerce 593 from the shipper’s loading platform to the consignee’s receiving 594 dock; 595 3. The property stolen is emergency medical equipment, 596 valued at $300 or more, that is taken from a facility licensed 597 under

chapter 395 or from an aircraft or vehicle permitted under 598

chapter 401; or 599 4. The property stolen is law enforcement equipment, valued 600 at $300 or more, that is taken from an authorized emergency 601 vehicle, as defined in s. 316.003, 602 603 the offender commits grand theft in the second degree, 604 punishable as a felony of the second degree, as provided in s. 605 775.082, s. 775.083, or s. 775.084. Emergency medical equipment 606 means mechanical or electronic apparatus used to provide 607 emergency services and care as defined in s. 395.002(9) or to 608 treat medical emergencies. Law enforcement equipment means any 609

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 22 of 52 CODING: Words stricken are deletions; words underlined are additions. property, device, or apparatus used by any law enforcement 610 officer as defined in s. 943.10 in the officer’s official 611 business. However, if the property is stolen during a riot or an 612 aggravated riot prohibited under s. 870.01 and the perpetration 613 of the theft is facilitated by conditions arising from the riot; 614 or within a county that is subject to a state of emergency 615 declared by the Governor under

chapter 252, the theft is 616 committed after the declaration of emergency is made, and the 617 perpetration of the theft is facilitated by conditions arising 618 from the emergency, the theft is a felony of the first degree, 619 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 620 As used in this paragraph, the term “conditions arising from the 621 riot” means civil unrest, power outages, curfews, or a reduction 622 in the presence of or response time for first responders or 623 homeland security personnel and the term “conditions arising 624 from the emergency” means civil unrest, power outages, curfews, 625 voluntary or mandatory evacuations, or a reduction in the 626 presence of or response time for first responders or homeland 627 security personnel.

A person arrested for committing a theft 628 during a riot or an aggravated riot or within a county that is 629 subject to a state of emergency may not be released until the 630 person appears before a committing magistrate at a first 631 appearance hearing. For purposes of sentencing under

chapter 632 921, a felony offense that is reclassified under this paragraph 633 is ranked one level above the ranking under s. 921.0022 or s. 634 921.0023 of the offense committed. 635 (

c) It is grand theft of the third degree and a felony of 636 the third degree, punishable as provided in s. 775.082, s. 637 775.083, or s. 775.084, if the property stolen is: 638

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 23 of 52 CODING: Words stricken are deletions; words underlined are additions. 1. Valued at $750 or more, but less than $5,000. 639 2. Valued at $5,000 or more, but less than $10,000. 640 3. Valued at $10,000 or more, but less than $20,000. 641 4. A will, codicil, or other testamentary instrument. 642 5. A firearm. 643 6. A motor vehicle, except as provided in paragraph (a). 644 7.

Any commercially farmed animal, including any animal of 645 the equine, avian, bovine, or swine class or other grazing 646 animal; a bee colony of a registered beekeeper; and aquaculture 647 species raised at a certified aquaculture facility. If the 648 property stolen is a commercially farmed animal, including an 649 animal of the equine, avian, bovine, or swine class or other 650 grazing animal; a bee colony of a registered beekeeper; or an 651 aquaculture species raised at a certified aquaculture facility, 652 a $10,000 fine shall be imposed. 653 8.

Any fire extinguisher that, at the time of the taking, 654 was installed in any building for the purpose of fire prevention 655 and control. This subparagraph does not apply to a fire 656 extinguisher taken from the inventory at a point-of-sale 657 business. 658 9. Any amount of citrus fruit consisting of 2,000 or more 659 individual pieces of fruit. 660 10. Taken from a designated construction site identified by 661 the posting of a sign as provided for in s. 810.09(2)(d). 662 11. Any stop sign. 663 12. Anhydrous ammonia. 664 13. Any amount of a controlled substance as defined in s. 665 893.02.

Notwithstanding any other law, separate judgments and 666 sentences for theft of a controlled substance under this 667

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 24 of 52 CODING: Words stricken are deletions; words underlined are additions. subparagraph and for any applicable possession of controlled 668 substance offense under s. 893.13 or trafficking in controlled 669 substance offense under s. 893.135 may be imposed when all such 670 offenses involve the same amount or amounts of a controlled 671 substance. 672 673 However, if the property is stolen during a riot or an 674 aggravated riot prohibited under s. 870.01 and the perpetration 675 of the theft is facilitated by conditions arising from the riot; 676 or within a county that is subject to a state of emergency 677 declared by the Governor under

chapter 252, the property is 678 stolen after the declaration of emergency is made, and the 679 perpetration of the theft is facilitated by conditions arising 680 from the emergency, the offender commits a felony of the second 681 degree, punishable as provided in s. 775.082, s. 775.083, or s. 682 775.084, if the property is valued at $5,000 or more, but less 683 than $10,000, as provided under subparagraph 2., or if the 684 property is valued at $10,000 or more, but less than $20,000, as 685 provided under subparagraph 3.

As used in this paragraph, the 686 terms “conditions arising from a riot” and term “conditions 687 arising from the emergency” have the same meanings as provided 688 in paragraph (b).

A person arrested for committing a theft 689 during a riot or an aggravated riot or within a county that is 690 subject to a state of emergency may not be released until the 691 person appears before a committing magistrate at a first 692 appearance hearing means civil unrest, power outages, curfews, 693 voluntary or mandatory evacuations, or a reduction in the 694 presence of or the response time for first responders or 695 homeland security personnel. For purposes of sentencing under 696

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 25 of 52 CODING: Words stricken are deletions; words underlined are additions.

chapter 921, a felony offense that is reclassified under this 697 paragraph is ranked one level above the ranking under s. 698 921.0022 or s. 921.0023 of the offense committed. 699

Section

Section 836.115, Florida Statutes, is created 700 to read: 701 836.115 Cyberintimidation by publication.— 702

(1) As used in this section, the term: 703 (a) “Electronically publish” means to disseminate, post, or 704 otherwise disclose information to an Internet site or forum. 705 (b) “Harass” has the same meaning as provided in s. 706 817.568(1)(c). 707 (c) “Personal identification information” has the same 708 meaning as provided in s. 817.568(1)(f). 709

(2) A person who electronically publishes another’s 710 personal identification information with the intent to, or with 711 the intent the information will be used by another to, threaten, 712 intimidate, harass, incite violence, or commit a crime against a 713 person, or place a person in reasonable fear of death or great 714 bodily harm commits a misdemeanor of a first degree, punishable 715 as provided in s. 775.082 or s. 775.083. 716

Section

Section 870.01, Florida Statutes, is amended to 717 read: 718 870.01 Affrays and riots.— 719

(1) A person who, by mutual consent, engages in fighting 720 with another in a public place to the terror of the people 721 commits All persons guilty of an affray, shall be guilty of a 722 misdemeanor of the first degree, punishable as provided in s. 723 775.082 or s. 775.083. 724

(2) A person who participates in a public disturbance 725

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 26 of 52 CODING: Words stricken are deletions; words underlined are additions. involving an assembly of three or more persons acting with a 726 common intent to mutually assist each other in disorderly and 727 violent conduct resulting in injury or damage to another person 728 or property, or creating a clear and present danger of injury or 729 damage to another person or property, commits All persons guilty 730 of a riot, or of inciting or encouraging a riot, shall be guilty 731 of a felony of the third degree, punishable as provided in s. 732 775.082, s. 775.083, or s. 775.084. 733

(3) A person commits aggravated rioting, if, in the course 734 of committing a riot, he or she: 735 (

a) Participates with nine or more other persons; 736 (

b) Causes great bodily harm to a person not participating 737 in the riot; 738 (

c) Causes property damage in excess of $5,000; 739 (

d) Displays, uses, threatens to use, or attempts to use a 740 deadly weapon; or 741 (

e) By force, or threat of force, endangers the safe 742 movement of a vehicle traveling on a public street, highway, or 743 road. 744 745 A violation of this subsection is a felony of the second degree, 746 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 747

(4) A person who willfully incites or encourages another to 748 participate in a riot, resulting in a riot or a clear and 749 present danger of a riot, commits inciting or encouraging a 750 riot, a felony of the third degree, punishable as provided in s. 751 775.082, s. 775.083, or s. 775.084. 752

(5) A person commits aggravated inciting or encouraging a 753 riot if he or she: 754

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 27 of 52 CODING: Words stricken are deletions; words underlined are additions. (

a) Incites or encourages a riot resulting in great bodily 755 harm to another person not participating in the riot; 756 (

b) Incites or encourages a riot resulting in property 757 damage in excess of $5,000; or 758 (

c) Supplies a deadly weapon to another person or teaches 759 another person to prepare a deadly weapon with intent that the 760 deadly weapon be used in a riot. 761 762 A violation of this subsection is a felony of the second degree, 763 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 764

(6) Except for a violation of subsection (1), a person 765 arrested for a violation of this

section shall be held in 766 custody until brought before the court for admittance to bail in 767 accordance with

chapter 903. 768

Section

Section 870.02, Florida Statutes, is amended to 769 read: 770 870.02 Unlawful assemblies.— 771

(1) If three or more persons meet together to commit a 772 breach of the peace, or to do any other unlawful act, each of 773 them commits shall be guilty of a misdemeanor of the second 774 degree, punishable as provided in s. 775.082 or s. 775.083. 775

(2) A person arrested for a violation of this

section shall 776 be held in custody until brought before the court for admittance 777 to bail in accordance with

chapter 903. 778

Section

Section 870.03, Florida Statutes, is amended to 779 read: 780 870.03 Riots and routs.— 781

(1) If any persons unlawfully assembled demolish, pull down 782 or destroy, or begin to demolish, pull down or destroy, any 783

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 28 of 52 CODING: Words stricken are deletions; words underlined are additions. dwelling house or other building, or any ship or vessel, each of 784 them commits shall be guilty of a felony of the third degree, 785 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 786

(2) A person arrested for a violation of this

section shall 787 be held in custody until brought before the court for admittance 788 to bail in accordance with

chapter 903. 789

Section

Section 870.07, Florida Statutes, is created to 790 read: 791 870.07 Affirmative defense in civil action; party convicted 792 of riot or unlawful assembly.— 793

(1) In a civil action for damages for personal injury, 794 wrongful death, or property damage, it is an affirmative defense 795 that such action arose from injury or damage sustained by a 796 participant acting in furtherance of a riot or unlawful 797 assembly. The affirmative defense authorized by this

section 798 shall be established by evidence that the participant has been 799 convicted of riot, aggravated riot, or unlawful assembly, or by 800 proof of the commission of such crime by a preponderance of the 801 evidence. 802

(2) In a civil action in which a defendant raises an 803 affirmative defense under this section, the court must, on 804 motion by the defendant, stay the action during the pendency of 805 a criminal action that forms the basis for the defense, unless 806 the court finds that a conviction in the criminal action would 807 not form a valid defense under this section. 808

Section 19. Subsections (3) through (6) of

section 872.02, 809 Florida Statutes, are renumbered as subsections (4) through (7), 810 respectively, a new subsection (3) is added to that section, 811 subsections (1) and (2) of that

section are republished, and 812

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 29 of 52 CODING: Words stricken are deletions; words underlined are additions. present subsection (6) of that

section is amended, to read: 813 872.02 Injuring or removing tomb or monument; disturbing 814 contents of grave or tomb; penalties.— 815

(1) A person commits a felony of the third degree, 816 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 817 if he or she: 818 (

a) Willfully and knowingly destroys, mutilates, defaces, 819 injures, or removes any tomb, monument, gravestone, burial 820 mound, earthen or shell monument containing human skeletal 821 remains or associated burial artifacts, or other structure or 822 thing placed or designed for a memorial of the dead, or any 823 fence, railing, curb, or other thing intended for the protection 824 or ornamentation of any tomb, monument, gravestone, burial 825 mound, earthen or shell monument containing human skeletal 826 remains or associated burial artifacts, or other structure 827 before mentioned, or for any enclosure for the burial of the 828 dead; or 829 (

b) Willfully destroys, mutilates, removes, cuts, breaks, 830 or injures any tree, shrub, or plant placed or being within any 831 such enclosure, except for a person performing routine 832 maintenance and upkeep. 833

(2) A person who willfully and knowingly excavates, 834 exposes, moves, removes, or otherwise disturbs the contents of a 835 grave or tomb commits a felony of the second degree, punishable 836 as provided in s. 775.082, s. 775.083, or s. 775.084. 837

(3) For purposes of sentencing under

chapter 921 and 838 determining incentive gain-time eligibility under

chapter 944, a 839 violation of this section, committed by a person in furtherance 840 of a riot or an aggravated riot prohibited under s. 870.01 is 841

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 30 of 52 CODING: Words stricken are deletions; words underlined are additions. ranked one level above the ranking under s. 921.0022 or s. 842 921.0023 for the offense committed. 843 (7)

(6) If a legally authorized person refuses to sign a 844 written authorization, as provided in paragraph (6)(a)(5)(a), or 845 if a legally authorized person objects, as provided in paragraph 846 (6)(b) (5)(b), a public hearing shall be held before the county 847 commission of the county where the cemetery is located, or the 848 city council, if the cemetery is located in a municipality, and 849 the county commission or the city council shall have the 850 authority to grant a request for relocation of the contents of 851 such graves or tombs. 852

Section 20. Paragraphs (b), (c), and (

d) of subsection (3) 853 of

section 921.0022, Florida Statutes, are amended to read: 854 921.0022 Criminal Punishment Code; offense severity ranking 855 chart.— 856

(3) OFFENSE SEVERITY RANKING CHART 857 (

b) LEVEL 2 858 859 860 Florida Statute Felony Degree Description 861 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 862 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 31 of 52 CODING: Words stricken are deletions; words underlined are additions. of the Marine Turtle Protection Act. 863 403.413(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. 864 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 865 590.28(1) 3rd Intentional burning of lands. 866 784.03(3) 3rd Battery during a riot or an aggravated riot. 867 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 868 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 869 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 32 of 52 CODING: Words stricken are deletions; words underlined are additions. public service. 870 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial. 871 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 872 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 873 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000. 874 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling. 875 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 876 817.234(1)(a)2. 3rd False statement in support of insurance claim.

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 33 of 52 CODING: Words stricken are deletions; words underlined are additions. 877 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 878 817.52(3) 3rd Failure to redeliver hired vehicle. 879 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 880 817.60(5) 3rd Dealing in credit cards of another. 881 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 882 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 883 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 884 831.01 3rd Forgery. 885

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 34 of 52 CODING: Words stricken are deletions; words underlined are additions. 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 886 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 887 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 888 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 889 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 890 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 891 843.08 3rd False personation. 892 893.13(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

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 35 of 52 CODING: Words stricken are deletions; words underlined are additions. other than cannabis. 893 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 894 (

c) LEVEL 3 895 896 897 Florida Statute Felony Degree Description 898 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 899 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 900 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 901 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 902 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 903

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 36 of 52 CODING: Words stricken are deletions; words underlined are additions. 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 904 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 905 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 906 327.35(2)(b) 3rd Felony BUI. 907 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 908 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 909 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 910 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 37 of 52 CODING: Words stricken are deletions; words underlined are additions. 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. 911 379.2431 (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. 912 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 913 400.9935(4)(

a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 914 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 915

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 38 of 52 CODING: Words stricken are deletions; words underlined are additions. 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 916 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 917 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 918 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 919 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 920 697.08 3rd Equity skimming. 921 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 922 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 39 of 52 CODING: Words stricken are deletions; words underlined are additions. equipment used in firefighting. 923 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 924 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 925 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 926 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 927 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 928 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property. 929 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 930

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 40 of 52 CODING: Words stricken are deletions; words underlined are additions. 817.233 3rd Burning to defraud insurer. 931 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 932 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 933 817.236 3rd Filing a false motor vehicle insurance application. 934 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 935 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 936 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 937 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 41 of 52 CODING: Words stricken are deletions; words underlined are additions. 938 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 939 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 940 860.15(3) 3rd Overcharging for repairs and parts. 941 870.01(2) 3rd Riot; inciting or encouraging. 942 870.01(4) 3rd Inciting or encouraging a riot. 943 893.13(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). 944 893.13(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.

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 42 of 52 CODING: Words stricken are deletions; words underlined are additions. 945 893.13(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. 946 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 947 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 948 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 949 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 950 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 43 of 52 CODING: Words stricken are deletions; words underlined are additions. substance. 951 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by

chapter 893. 952 893.13(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. 953 893.13(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. 954 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 955 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 44 of 52 CODING: Words stricken are deletions; words underlined are additions. patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 956 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 957 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 958 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 959 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 960 (

d) LEVEL 4 961 962 963 Florida Statute Felony Degree Description 964 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 45 of 52 CODING: Words stricken are deletions; words underlined are additions. while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. 965 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 966 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 967 517.07(1) 3rd Failure to register securities. 968 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register. 969 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 970 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 971 784.075 3rd Battery on detention or commitment facility staff. 972

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 46 of 52 CODING: Words stricken are deletions; words underlined are additions. 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 973 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 974 784.081(3) 3rd Battery on specified official or employee. 975 784.082(3) 3rd Battery by detained person on visitor or other detainee. 976 784.083(3) 3rd Battery on code inspector. 977 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 978 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 979 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 980

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 47 of 52 CODING: Words stricken are deletions; words underlined are additions. 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 981 787.07 3rd Human smuggling. 982 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 983 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 984 790.115(2)(c) 3rd Possessing firearm on school property. 985 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 986 806.135 2nd Destroying or demolishing a memorial. 987 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 48 of 52 CODING: Words stricken are deletions; words underlined are additions. 988 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 989 810.06 3rd Burglary; possession of tools. 990 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 991 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 992 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items. 993 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 994 817.505(4)(a) 3rd Patient brokering. 995 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 996

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 49 of 52 CODING: Words stricken are deletions; words underlined are additions. 817.568(2)(a) 3rd Fraudulent use of personal identification information. 997 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 998 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 999 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 1000 837.02(1) 3rd Perjury in official proceedings. 1001 837.021(1) 3rd Make contradictory statements in official proceedings. 1002 838.022 3rd Official misconduct. 1003 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 1004 839.13(2)(c) 3rd Falsifying records of the Department of Children and

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 50 of 52 CODING: Words stricken are deletions; words underlined are additions.

Families. 1005 843.021 3rd Possession of a concealed handcuff key by a person in custody. 1006 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 1007 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 1008 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 1009 870.01(3) 3rd Aggravated rioting. 1010 870.01(5) 3rd Aggravated inciting or encouraging a riot. 1011 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 1012 893.13(2)(a)1. 2nd Purchase of cocaine (or other

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 51 of 52 CODING: Words stricken are deletions; words underlined are additions. s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs). 1013 914.14(2) 3rd Witnesses accepting bribes. 1014 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 1015 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 1016 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities. 1017 918.12 3rd Tampering with jurors. 1018 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 1019 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 1020 951.22(1)(h), 3rd Intoxicating drug,

Florida Senate - 2021 SB 484 20-00874-21 2021484__ Page 52 of 52 CODING: Words stricken are deletions; words underlined are additions. (j) & (

k) instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility. 1021

Section 21. This act shall take effect July 1, 2021. 1022