Florida 2021 Regular Session Status: Enacted

HB 1 — Combating Public Disorder

Last action — Chapter No. 2021-6

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 06, 2021. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    6 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Combating Public Disorder; Authorizing specified elected officials to file an appeal to the Administration Commission if the governing body of a municipality makes a specified reduction to the operating budget of the municipal law enforcement agency; providing that a municipality has a duty to allow the municipal law enforcement agency to respond to a riot or unlawful assembly in a specified manner based on specified circumstances; reclassifying the penalty for an assault committed in furtherance of a riot or an aggravated riot; prohibiting cyberintimidation by publication; prohibiting a person from willfully participating in a specified violent public disturbance resulting in specified damage or injury; creating an affirmative defense to a civil action where the plaintiff participated in a riot, etc.

Bill Text

What changed in the latest version

1052 added · 1070 removed

1052 line(s) added, 1070 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 A bill to be entitled An act relating to combating public disorder;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 A bill to be entitled An act relating to combating public disorder;
providing that a municipality has a duty to allow the municipal law enforcement agency to respond to a riot or unlawful assembly in a specified manner based on specified circumstances;
creating a cause of action against a municipality for obstructing or interfering with reasonable law enforcement protection during a riot or an unlawful assembly;
providing a municipality is civilly liable for specified damages proximately caused by the municipality's specified breach of such duty;
waiving sovereign immunity for a municipality in specified circumstances;
amending s.784.011, F.S.;
amending s.
reclassifying the penalty for an assault committed in furtherance of a Page 1 of 61 CODING:
784.011, F.S.;
reclassifying the penalty for an assault committed in furtherance of a riot or an aggravated riot;
amending s.
784.021, F.S.;
increasing Page 1 of 60 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 riot or an aggravated riot;
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 the offense severity ranking of an aggravated assault for the purposes of the Criminal Punishment Code if committed in furtherance of a riot or an aggravated riot;
784.021, F.S.;
increasing the offense severity ranking of an aggravated assault for the purposes of the Criminal Punishment Code if committed in furtherance of a riot or an aggravated riot;
amending s.
increasing the offense severity ranking of an assault or battery against specified persons for the purposes of the Criminal Punishment Code if committed in furtherance of a riot Page 2 of 61 CODING:
increasing the offense severity ranking of an assault or battery against specified persons for the purposes of the Criminal Punishment Code if committed in furtherance of a riot or an aggravated riot;
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hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 or an aggravated riot;
prohibiting defacing, injuring, or damaging a memorial or historic property;
prohibiting Page 2 of 60 CODING:
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words underlined are additions.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 defacing, injuring, or damaging a memorial;
defining the terms "historic property" and "memorial";
providing a definition;
prohibiting a person from destroying or demolishing a memorial or historic property;
prohibiting a person from destroying or demolishing a memorial;
prohibiting a person from willfully Page 3 of 61 CODING:
prohibiting specified assemblies from engaging in violent and disorderly conduct resulting in specified damage or injury;
providing an increased penalty for rioting under specified circumstances;
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hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 participating in a specified violent public disturbance resulting in specified damage or injury;
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 prohibiting a person from inciting a riot;
providing an increased penalty for rioting under specified circumstances;
prohibiting a person from inciting a riot;
Be It Enacted by the Legislature of the State of Florida:
96 Be It Enacted by the Legislature of the State of Florida:
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98 Section 1.
Subsections (4) through (6) of section 166.241, Florida Statutes, are renumbered as subsections (6) through (8), respectively, new subsections (4) and (5) are added to that Page 4 of 60 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 Section 1.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 section, and present subsection (6) of that section is amended, to read:
Subsections (4) through (6) of section 166.241, Florida Statutes, are renumbered as subsections (6) through (8), respectively, new subsections (4) and (5) are added to that section, and present subsection (6) of that section is amended, to read:
The petition shall be filed with the Executive Office of the Governor, and a copy served upon the governing body of the municipality or to the clerk of the circuit court of the county Page 5 of 61 CODING:
The petition shall be filed with the Executive Office of the Governor, and a copy served upon the governing body of the municipality or to the clerk of the circuit court of the county in which the municipality is located.
(b) The governing body of the municipality has 5 working days after service of a copy of the petition to file a reply with the Executive Office of the Governor, and shall serve a Page 5 of 60 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 in which the municipality is located.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 copy of such reply to the petitioner.
(b) The governing body of the municipality has 5 working days after service of a copy of the petition to file a reply with the Executive Office of the Governor, and shall serve a copy of such reply to the petitioner.
If the municipality does not operate an official website, the municipality must, within a reasonable period of time as established by the county or counties in which the municipality is located, transmit the adopted amendment to the manager or administrator of such county Page 6 of 61 CODING:
If the municipality does not operate an official website, the municipality must, within a reasonable period of time as established by the county or counties in which the municipality is located, transmit the adopted amendment to the manager or administrator of such county or counties who shall post the adopted amendment on the county's website.
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words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 or counties who shall post the adopted amendment on the county's website.
316.2045 Obstruction of public streets, highways, and roads.— (1)(a) A It is unlawful for any person may not or persons willfully to obstruct the free, convenient, and normal use of a any public street, highway, or road by:
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hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 316.2045 Obstruction of public streets, highways, and roads.— (1)(a) A It is unlawful for any person may not or persons willfully to obstruct the free, convenient, and normal use of a any public street, highway, or road by:
(2) It is unlawful, without proper authorization or a lawful permit, for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road by any of the means specified in subsection (1) Page 7 of 61 CODING:
(2) It is unlawful, without proper authorization or a lawful permit, for any person or persons willfully to obstruct the free, convenient, and normal use of any public street, highway, or road by any of the means specified in subsection (1) in order to solicit.
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hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 in order to solicit.
501(c)(3) of the Internal Revenue Code and registered pursuant to chapter 496, or persons or organizations acting on their behalf are exempted from the provisions of this subsection for activities on streets or roads not maintained by the state.
501(c)(3) of the Internal Page 7 of 60 CODING:
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hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 Revenue Code and registered pursuant to chapter 496, or persons or organizations acting on their behalf are exempted from the provisions of this subsection for activities on streets or roads not maintained by the state.
No fewer than 14 calendar days prior to the proposed solicitation, the name and address of the person or organization that will perform the solicitation and the name and address of Page 8 of 61 CODING:
No fewer than 14 calendar days prior to the proposed solicitation, the name and address of the person or organization that will perform the solicitation and the name and address of the organization that will receive funds from the solicitation.
2.
For review and comment, a plan for the safety of all persons participating in the solicitation, as well as the motoring public, at the locations where the solicitation will Page 8 of 60 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 the organization that will receive funds from the solicitation.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 take place.
2.
For review and comment, a plan for the safety of all persons participating in the solicitation, as well as the motoring public, at the locations where the solicitation will take place.
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(c) All solicitation shall occur during daylight hours only.
(d) Solicitation activities shall not interfere with the safe and efficient movement of traffic and shall not cause Page 9 of 60 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 (c) All solicitation shall occur during daylight hours only.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 danger to the participants or the public.
(d) Solicitation activities shall not interfere with the safe and efficient movement of traffic and shall not cause danger to the participants or the public.
(2)(5) Notwithstanding the provisions of subsection (1), any commercial vehicle used solely for the purpose of collecting solid waste or recyclable or recovered materials may stop or stand on any public street, highway, or road for the sole purpose of collecting solid waste or recyclable or recovered Page 10 of 61 CODING:
(2)(5) Notwithstanding the provisions of subsection (1), any commercial vehicle used solely for the purpose of collecting solid waste or recyclable or recovered materials may stop or stand on any public street, highway, or road for the sole purpose of collecting solid waste or recyclable or recovered materials.
However, such solid waste or recyclable or recovered materials collection vehicle shall show or display amber flashing hazard lights at all times that it is engaged in stopping or standing for the purpose of collecting solid waste Page 10 of 60 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 materials.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 or recyclable or recovered materials.
However, such solid waste or recyclable or recovered materials collection vehicle shall show or display amber flashing hazard lights at all times that it is engaged in stopping or standing for the purpose of collecting solid waste or recyclable or recovered materials.
Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $200,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, Page 11 of 61 CODING:
Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $200,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $300,000.
However, a judgment or judgments may be claimed and rendered in excess of these amounts and may be settled and paid pursuant to this act up to $200,000 or $300,000, as the case may be;
and that portion of the judgment Page 11 of 60 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 exceeds the sum of $300,000.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 that exceeds these amounts may be reported to the Legislature, but may be paid in part or in whole only by further act of the Legislature.
However, a judgment or judgments may be claimed and rendered in excess of these amounts and may be settled and paid pursuant to this act up to $200,000 or $300,000, as the case may be;
and that portion of the judgment that exceeds these amounts may be reported to the Legislature, but may be paid in part or in whole only by further act of the Legislature.
(b) A municipality has a duty to allow the municipal law enforcement agency to respond appropriately to protect persons and property during a riot or an unlawful assembly based on the availability of adequate equipment to its municipal law enforcement officers and relevant state and federal laws.
(b) A governing body of a municipality that intentionally obstructs or interferes with the ability of the municipal law enforcement agency to provide reasonable law enforcement protection during a riot or unlawful assembly is civilly liable for any damages, including damages arising from personal injury, wrongful death, or property damage, proximately caused by the agency's failure to provide reasonable law enforcement protection during a riot or unlawful assembly.
If the governing body of a municipality or a person authorized by the Page 12 of 61 CODING:
The sovereign immunity recovery limits in paragraph (a) do not apply to an action under this paragraph.
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hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 governing body of the municipality breaches that duty, the municipality is civilly liable for any damages including damages arising from personal injury, wrongful death, or property damages proximately caused by the municipality's breach of duty.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 Section 4.
The sovereign immunity recovery limits in paragraph (a) do not apply to an action under this paragraph.
Section 4.
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(3) For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s.
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hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 (3) For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s.
Section 784.03, Florida Statutes, is amended to read:
Section 784.03, Florida Statutes, is amended to Page 13 of 60 CODING:
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hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 read:
(3) A person who commits a battery in furtherance of a Page 14 of 61 CODING:
(3) A person who commits a battery in furtherance of a riot or an aggravated riot prohibited under s.
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hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 riot or an aggravated riot prohibited under s.
784.045 Aggravated battery.— (1)(a) A person commits aggravated battery who, in committing battery:
784.045 Aggravated battery.— Page 14 of 60 CODING:
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hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 (1)(a) A person commits aggravated battery who, in committing battery:
Section 784.0495, Florida Statutes, is created Page 15 of 61 CODING:
Section 784.0495, Florida Statutes, is created to read:
784.0495 Mob intimidation.— (1) It is unlawful for a person, assembled with two or more other persons and acting with a common intent, to use force or threaten to use imminent force, to compel or induce, or attempt to compel or induce, another person to do or refrain Page 15 of 60 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 to read:
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 from doing any act or to assume, abandon, or maintain a particular viewpoint against his or her will.
784.0495 Mob intimidation.— (1) It is unlawful for a person, assembled with two or more other persons and acting with a common intent, to use force or threaten to use imminent force, to compel or induce, or attempt to compel or induce, another person to do or refrain from doing any act or to assume, abandon, or maintain a particular viewpoint against his or her will.
minimum sentences.— (2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a railroad special officer, a traffic accident investigation officer as Page 16 of 61 CODING:
minimum sentences.— (2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a railroad special officer, a traffic accident investigation officer as described in s.
316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, a blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a law enforcement explorer, a traffic infraction Page 16 of 60 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 described in s.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 enforcement officer as described in s.
316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, a blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a law enforcement explorer, a traffic infraction enforcement officer as described in s.
Notwithstanding Page 17 of 61 CODING:
Notwithstanding any other provision of law, a person convicted of battery upon a law enforcement officer committed in furtherance of a riot or an aggravated riot prohibited under s.
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hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 any other provision of law, a person convicted of battery upon a law enforcement officer committed in furtherance of a riot or an aggravated riot prohibited under s.
Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years.
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hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 Notwithstanding any other provision of law, any person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years.
penalty for minor.— Page 18 of 61 CODING:
penalty for minor.— (3) Any person who, without the consent of the owner thereof, willfully and maliciously defaces, injures, or otherwise damages by any means a memorial, as defined in s.
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806.135(1), and the value of the damage to the memorial is greater than $200, commits a felony of the third degree, punishable as provided in s.
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 (3) Any person who, without the consent of the owner thereof, willfully and maliciously defaces, injures, or otherwise damages by any means a memorial or historic property, as defined in s.
806.135(1), and the value of the damage to the memorial or historic property is greater than $200, commits a felony of the third degree, punishable as provided in s.
A court shall order any person convicted of violating this subsection to pay restitution, which shall include the full cost of repair or replacement of such memorial or historic property.
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hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 A court shall order any person convicted of violating this subsection to pay restitution, which shall include the full cost of repair or replacement of such memorial.
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Section 11.
Section 806.135, Florida Statutes, is created to read:
806.135 Destroying or demolishing a memorial.— (1) As used in this section, the term "memorial" means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or display that is constructed and located with the intent of being permanently displayed or perpetually maintained;
is dedicated to Page 19 of 60 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 Section 11.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 a historical person, an entity, an event, or a series of events;
Section 806.135, Florida Statutes, is created to read:
806.135 Destroying or demolishing a memorial or historic property.— (1) As used in this section, the term:
(a) "Historic property" means any building, structure, site, or object that has been officially designated as a historic building, historic structure, historic site, or historic object through a federal, state, or local designation program.
(b) "Memorial" means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or display that is constructed and located with the intent of being permanently displayed or perpetually maintained;
is dedicated to a historical person, an entity, an event, or a series of events;
1.
(a) Florida Women's Hall of Fame.
Florida Women's Hall of Fame.
(b) Florida Medal of Honor Wall.
2.
(c) Florida Veterans' Hall of Fame.
Florida Medal of Honor Wall.
(d) POW-MIA Chair of Honor Memorial.
3.
(e) Florida Veterans' Walk of Honor and Florida Veterans' Memorial Garden.
Florida Veterans' Hall of Fame.
(f) Florida Law Enforcement Officers' Hall of Fame.
4.
(g) Florida Holocaust Memorial.
POW-MIA Chair of Honor Memorial.
(h) Florida Slavery Memorial.
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(i) Any other memorial located within the Capitol Complex, including, but not limited to, Waller Park.
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(2) It is unlawful for any person to willfully and maliciously destroy or demolish any memorial, or pull down a memorial, unless authorized by the owner of the memorial.
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 5.
Florida Veterans' Walk of Honor and Florida Veterans' Memorial Garden.
6.
Florida Law Enforcement Officers' Hall of Fame.
7.
Florida Holocaust Memorial.
8.
Florida Slavery Memorial.
9.
Any other memorial located within the Capitol Complex, including, but not limited to, Waller Park.
(2) It is unlawful for any person to willfully and maliciously destroy or demolish any memorial or historic property, or willfully and maliciously pull down a memorial or historic property, unless authorized by the owner of the memorial or historic property.
(3) A court shall order any person convicted of violating this section to pay restitution, which shall include the full cost of repair or replacement of such memorial or historic property.
(3) A court shall order any person convicted of violating Page 20 of 60 CODING:
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hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 this section to pay restitution, which shall include the full cost of repair or replacement of such memorial.
775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a Page 21 of 61 CODING:
775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:
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hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 dangerous weapon or explosive, and the offender enters or remains in a:
Notwithstanding any other law, separate judgments and sentences for burglary with the intent to commit theft of a controlled substance under this paragraph and for any applicable possession of controlled substance offense under s.
Notwithstanding any other law, separate judgments and sentences for burglary with the intent to commit Page 21 of 60 CODING:
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hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 theft of a controlled substance under this paragraph and for any applicable possession of controlled substance offense under s.
870.01 and the perpetration of the burglary is facilitated by conditions arising from the Page 22 of 61 CODING:
870.01 and the perpetration of the burglary is facilitated by conditions arising from the riot;
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hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 riot;
A person arrested for committing a burglary during a riot or an aggravated riot or within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing.
A person arrested for committing a burglary during a riot or an aggravated riot or within a county that is subject to such a state of emergency may not be released until the person Page 22 of 60 CODING:
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hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 appears before a committing magistrate at a first appearance hearing.
775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a Page 23 of 61 CODING:
775.084, if, in the course of committing the offense, the offender does not make an assault or battery and is not and does not become armed with a dangerous weapon or explosive, and the offender enters or remains in a:
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hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 dangerous weapon or explosive, and the offender enters or remains in a:
As used in this subsection, the terms "conditions arising from the riot" and term "conditions arising from the emergency" have the same meanings as provided in subsection (3) means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel.
As used in Page 23 of 60 CODING:
A person arrested for committing a burglary during a riot or an aggravated riot or within a county that is subject to such a state of emergency may not be released until the person appears before a committing Page 24 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 magistrate at a first appearance hearing.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 this subsection, the terms "conditions arising from the riot" and term "conditions arising from the emergency" have the same meanings as provided in subsection (3) means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel.
A person arrested for committing a burglary during a riot or an aggravated riot or within a county that is subject to such a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing.
The property stolen is emergency medical equipment, valued at $300 or more, that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401;
The property stolen is emergency medical equipment, Page 24 of 60 CODING:
Words stricken are deletions;
words underlined are additions.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 valued at $300 or more, that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401;
Page 25 of 61 CODING:
775.082, s.
Words stricken are deletions;
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 775.082, s.
As used in this paragraph, the term "conditions arising from the riot" means civil unrest, power outages, curfews, or a reduction in the presence of or response time for first responders or homeland security personnel and the term "conditions arising from the emergency" means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel.
As used in this paragraph, the term "conditions arising from the Page 25 of 60 CODING:
A person arrested for committing a theft during a riot or an aggravated riot or within a county that is subject to a state of emergency may not be released until the Page 26 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 person appears before a committing magistrate at a first appearance hearing.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 riot" means civil unrest, power outages, curfews, or a reduction in the presence of or response time for first responders or homeland security personnel and the term "conditions arising from the emergency" means civil unrest, power outages, curfews, voluntary or mandatory evacuations, or a reduction in the presence of or response time for first responders or homeland security personnel.
A person arrested for committing a theft during a riot or an aggravated riot or within a county that is subject to a state of emergency may not be released until the person appears before a committing magistrate at a first appearance hearing.
Any commercially farmed animal, including any animal of the equine, avian, bovine, or swine class or other grazing animal;
Any commercially farmed animal, including any animal of the equine, avian, bovine, or swine class or other grazing Page 26 of 60 CODING:
Words stricken are deletions;
words underlined are additions.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 animal;
Any fire extinguisher that, at the time of the taking, was installed in any building for the purpose of fire prevention Page 27 of 61 CODING:
Any fire extinguisher that, at the time of the taking, was installed in any building for the purpose of fire prevention and control.
Words stricken are deletions;
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 and control.
893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled substance.
893.135 may be imposed when all such offenses involve the same amount or amounts of a controlled Page 27 of 60 CODING:
However, if the property is stolen during a riot or an aggravated riot prohibited under s.
870.01 and the perpetration of the theft is facilitated by conditions arising from the riot;
or within a county that is subject to a state of emergency declared by the Governor under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising Page 28 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 from the emergency, the offender commits a felony of the second degree, punishable as provided in s.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 substance.
However, if the property is stolen during a riot or an aggravated riot prohibited under s.
870.01 and the perpetration of the theft is facilitated by conditions arising from the riot;
or within a county that is subject to a state of emergency declared by the Governor under chapter 252, the property is stolen after the declaration of emergency is made, and the perpetration of the theft is facilitated by conditions arising from the emergency, the offender commits a felony of the second degree, punishable as provided in s.
For purposes of sentencing under chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s.
For purposes of sentencing under Page 28 of 60 CODING:
Words stricken are deletions;
words underlined are additions.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 chapter 921, a felony offense that is reclassified under this paragraph is ranked one level above the ranking under s.
Page 29 of 61 CODING:
(b) "Harass" has the same meaning as provided in s.
Words stricken are deletions;
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 (b) "Harass" has the same meaning as provided in s.
Section 15.
Page 29 of 60 CODING:
Words stricken are deletions;
words underlined are additions.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 Section 15.
Page 30 of 61 CODING:
(2) A person commits a riot if he or she participates in a violent public disturbance involving an assembly of three or more persons, acting with a common intent to assist each other in violent and disorderly conduct, resulting in:
Words stricken are deletions;
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 (2) A person commits a riot if he or she willfully participates in a violent public disturbance involving an assembly of three or more persons, acting with a common intent to assist each other in violent and disorderly conduct, resulting in:
(a) Participates with 25 or more other persons;
(a) Participates with nine or more other persons;
(b) Causes great bodily harm to a person not participating in the riot;
Page 30 of 60 CODING:
Words stricken are deletions;
words underlined are additions.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 (b) Causes great bodily harm to a person not participating in the riot;
Page 31 of 61 CODING:
A person who commits aggravating rioting commits a felony of the second degree, punishable as provided in s.
Words stricken are deletions;
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 A person who commits aggravating rioting commits a felony of the second degree, punishable as provided in s.
or (c) Supplies a deadly weapon to another person or teaches another person to prepare a deadly weapon with intent that the deadly weapon be used in a riot for an unlawful purpose.
or (c) Supplies a deadly weapon to another person or teaches another person to prepare a deadly weapon with intent that the Page 31 of 60 CODING:
Words stricken are deletions;
words underlined are additions.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 deadly weapon be used in a riot for an unlawful purpose.
(6) Except for a violation of subsection (1), a person arrested for a violation of this section shall be held in custody until brought before the court for admittance to bail in Page 32 of 61 CODING:
(6) Except for a violation of subsection (1), a person arrested for a violation of this section shall be held in custody until brought before the court for admittance to bail in accordance with chapter 903.
Words stricken are deletions;
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 accordance with chapter 903.
party convicted of riot.— (1) In a civil action for damages for personal injury, wrongful death, or property damage, it is an affirmative defense that such action arose from an injury or damage sustained by a participant acting in furtherance of a riot.
party Page 32 of 60 CODING:
The affirmative defense authorized by this section shall be established by evidence that the participant has been convicted of a riot or an aggravated riot prohibited under s.
870.01, or by proof of the Page 33 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 commission of such crime by a preponderance of the evidence.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 convicted of riot.— (1) In a civil action for damages for personal injury, wrongful death, or property damage, it is an affirmative defense that such action arose from an injury or damage sustained by a participant acting in furtherance of a riot.
The affirmative defense authorized by this section shall be established by evidence that the participant has been convicted of a riot or an aggravated riot prohibited under s.
870.01, or by proof of the commission of such crime by a preponderance of the evidence.
(a) Willfully and knowingly destroys, mutilates, defaces, injures, or removes any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial of the dead, or any fence, railing, curb, or other thing intended for the protection or ornamentation of any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal Page 34 of 61 CODING:
Page 33 of 60 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead;
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 (a) Willfully and knowingly destroys, mutilates, defaces, injures, or removes any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure or thing placed or designed for a memorial of the dead, or any fence, railing, curb, or other thing intended for the protection or ornamentation of any tomb, monument, gravestone, burial mound, earthen or shell monument containing human skeletal remains or associated burial artifacts, or other structure before mentioned, or for any enclosure for the burial of the dead;
(7)(6) If a legally authorized person refuses to sign a written authorization, as provided in paragraph (6)(a)(5)(a), or if a legally authorized person objects, as provided in paragraph (6)(b) (5)(b), a public hearing shall be held before the county commission of the county where the cemetery is located, or the city council, if the cemetery is located in a municipality, and the county commission or the city council shall have the authority to grant a request for relocation of the contents of such graves or tombs.
(7)(6) If a legally authorized person refuses to sign a Page 34 of 60 CODING:
Page 35 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 Section 20.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 written authorization, as provided in paragraph (6)(a)(5)(a), or if a legally authorized person objects, as provided in paragraph (6)(b) (5)(b), a public hearing shall be held before the county commission of the county where the cemetery is located, or the city council, if the cemetery is located in a municipality, and the county commission or the city council shall have the authority to grant a request for relocation of the contents of such graves or tombs.
Section 20.
marine turtle eggs in violation of the Marine Turtle Protection Act.
marine turtle eggs in violation Page 35 of 60 CODING:
403.413(6)(c) 3rd Dumps waste litter exceeding lbs.
in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
Page 36 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 of the Marine Turtle Protection Act.
403.413(6)(c) 3rd Dumps waste litter exceeding lbs.
in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
806.13(1)(b)3.
Page 36 of 60 CODING:
Words stricken are deletions;
words underlined are additions.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 806.13(1)(b)3.
damage of $200 or more to a memorial or Page 37 of 61 CODING:
damage of $200 or more to a memorial.
Words stricken are deletions;
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 historic property.
812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
Page 37 of 60 CODING:
817.234(1)(a)2.
3rd False statement in support of Page 38 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 insurance claim.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
817.234(1)(a)2.
3rd False statement in support of insurance claim.
purchase goods, services with false card.
purchase goods, Page 38 of 60 CODING:
817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
826.04 3rd Knowingly marries or has sexual Page 39 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 intercourse with person to whom related.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 services with false card.
817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory Page 39 of 60 CODING:
831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
832.05(3)(a) 3rd Cashing or depositing item with Page 40 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 intent to defraud.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 notes.
831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
(c) LEVEL 3 Florida Felony Statute Degree Description 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
(c) LEVEL 3 Florida Felony Statute Degree Description Page 40 of 60 CODING:
316.066 3rd Unlawfully obtaining or using (3)(b)-(d) confidential crash reports.
Page 41 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
316.066 3rd Unlawfully obtaining or using (3)(b)-(d) confidential crash reports.
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
Page 41 of 60 CODING:
327.35(2)(b) 3rd Felony BUI.
Page 42 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
327.35(2)(b) 3rd Felony BUI.
328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
destroying, causing to be 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.
destroying, causing to be destroyed, transferring, selling, offering to sell, Page 42 of 60 CODING:
379.2431 3rd Possessing any marine turtle Page 43 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 (1)(e)6.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
379.2431 3rd Possessing any marine turtle (1)(e)6.
400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
400.9935(4)(e) 3rd Filing a false license application or other required information or failing to Page 43 of 60 CODING:
440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
Page 44 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 report information.
440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
Page 44 of 60 CODING:
806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
Page 45 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
812.015(8)(b) 3rd Retail theft with intent to sell;
812.015(8)(b) 3rd Retail theft with intent to Page 45 of 60 CODING:
Words stricken are deletions;
words underlined are additions.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 sell;
3rd Engages in scheme to defraud (Florida Communications Fraud Page 46 of 61 CODING:
3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
Words stricken are deletions;
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 Act), property valued at less than $20,000.
817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle Page 46 of 60 CODING:
817.413(2) 3rd Sale of used goods of $1,000 or more as new.
831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to Page 47 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 defraud or possessing a counterfeit payment instrument with intent to defraud.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 insurance card.
817.413(2) 3rd Sale of used goods of $1,000 or more as new.
831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
870.01(2) 3rd Riot;
Page 47 of 60 CODING:
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words underlined are additions.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 870.01(2) 3rd Riot;
893.03(1)(c), (2)(c)1., Page 48 of 61 CODING:
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).
Words stricken are deletions;
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 (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).
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.
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 Page 48 of 60 CODING:
893.13(4)(c) 3rd Use or hire of minor;
deliver to minor other controlled substances.
893.13(6)(a) 3rd Possession of any controlled Page 49 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 substance other than felony possession of cannabis.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 housing facility.
893.13(4)(c) 3rd Use or hire of minor;
deliver to minor other controlled substances.
893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
3rd Furnish false or fraudulent Page 49 of 60 CODING:
893.13(8)(a)1.
3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a Page 50 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 material information on any document or record required by chapter 893.
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.
3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
3rd Write a prescription for a Page 50 of 60 CODING:
Page 51 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
(d) LEVEL 4 Florida Felony Statute Degree Description 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with Page 52 of 61 CODING:
(d) LEVEL 4 Florida Felony Description Page 51 of 60 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 siren and lights activated.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 Statute Degree 316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
784.07(2)(b) 3rd Battery of law enforcement Page 52 of 60 CODING:
784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
784.075 3rd Battery on detention or commitment facility staff.
Page 53 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 officer, firefighter, etc.
784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
784.075 3rd Battery on detention or commitment facility staff.
784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
784.085 3rd Battery of child by throwing, tossing, projecting, or Page 53 of 60 CODING:
787.03(1) 3rd Interference with custody;
wrongly takes minor from appointed guardian.
Page 54 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 expelling certain fluids or materials.
787.03(1) 3rd Interference with custody;
wrongly takes minor from appointed guardian.
787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or Page 54 of 60 CODING:
790.115(2)(c) 3rd Possessing firearm on school property.
800.04(7)(c) 3rd Lewd or lascivious exhibition;
Page 55 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 offender less than 18 years.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 other weapon on school property.
806.135 2nd Destroying or demolishing a memorial or historic property.
790.115(2)(c) 3rd Possessing firearm on school property.
800.04(7)(c) 3rd Lewd or lascivious exhibition;
offender less than 18 years.
806.135 2nd Destroying or demolishing a memorial.
810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
810.08(2)(c) 3rd Trespass on property, armed Page 55 of 60 CODING:
Words stricken are deletions;
words underlined are additions.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 with firearm or dangerous weapon.
Page 56 of 61 CODING:
(2)(c)4.-10.
Words stricken are deletions;
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 (2)(c)4.-10.
817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or Page 56 of 60 CODING:
817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent Page 57 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 breeding disability to any registered horse or cattle.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 reencoder.
817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
843.021 3rd Possession of a concealed handcuff key by a person in custody.
Page 57 of 60 CODING:
843.025 3rd Deprive law enforcement, correctional, or correctional Page 58 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 probation officer of means of protection or communication.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 843.021 3rd Possession of a concealed handcuff key by a person in custody.
843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
893.13(2)(a)1.
Page 58 of 60 CODING:
Words stricken are deletions;
words underlined are additions.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 893.13(2)(a)1.
Page 59 of 61 CODING:
914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
Words stricken are deletions;
words underlined are additions.
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB, Engrossed 1 2021 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
944.47(1)(a)6.
Page 59 of 60 CODING:
3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
951.22(1)(h), 3rd Intoxicating drug, (j) & (k) instrumentality or other device Page 60 of 61 CODING:
hb0001-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB , Engrossed 1 2021 to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
hb0001-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1 2021 944.47(1)(a)6.
3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
951.22(1)(h), 3rd Intoxicating drug, (j) & (k) instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
Page 61 of 61 CODING:
Page 60 of 60 CODING:
hb0001-02-e1
hb0001-01-c1
View plain text versions (4)

Action History

  1. Chapter No. 2021-6

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. In Messages

  6. Immediately certified

  7. CS passed; YEAS 23 NAYS 17

  8. Read 3rd time

  9. Placed on 3rd reading

  10. Amendment(s) failed (280910, 374104, 432142, 442172, 450464, 484354, 526562, 577848, 650056, 674492, 701782, 751634, 766236, 842162) -SJ 418, 423, 430, 434

  11. Read 2nd time

  12. Placed on Special Order Calendar, 04/14/21

  13. Placed on Calendar, on 2nd reading

  14. Favorable by- Appropriations; YEAS 11 NAYS 9

  15. Received

  16. On Committee agenda-- Appropriations, 04/10/21, 9:00 am, 412 Knott Building --Meeting cancelled

  17. On Committee agenda-- Appropriations, 04/09/21, 8:30 am, 412 Knott Building

  18. Referred to Appropriations

  19. In Messages

  20. Message sent to senate

  21. CS passed as amended; YEAS 76, NAYS 39

  22. Read 3rd time

  23. Added to Third Reading Calendar

  24. Placed on 3rd reading

  25. Amendment 423835 adopted

  26. Amendment 155255 ruled out of order

  27. Amendment 567371 Failed

  28. Amendment 960979 Failed

  29. Amendment 491535 adopted

  30. Amendment 580221 adopted

  31. Amendment 078765 Failed

  32. Amendment 175541 adopted

  33. Amendment 694491 Failed

  34. Amendment 298547 Failed

  35. Amendment 694491 temporarily postponed

  36. Read 2nd time

  37. Amendment 791293 withdrawn

  38. Amendment 469361 withdrawn

  39. Amendment 869807 withdrawn

  40. Amendment 676083 withdrawn

  41. Amendment 081267 withdrawn

  42. Amendment 365305 withdrawn

  43. Amendment 869807 filed late

  44. Amendment 791293 filed late

  45. Amendment 676083 filed late

  46. Amendment 365305 filed late

  47. Amendment 081267 filed late

  48. Amendment 469361 filed late

  49. Amendment 960979 filed

  50. Amendment 155255 filed

  51. Amendment 078765 filed

  52. Amendment 694491 filed

  53. Amendment 567371 filed

  54. Amendment 298547 filed

  55. Amendment 423835 filed

  56. Amendment 491535 filed

  57. Amendment 580221 filed

  58. Amendment 175541 filed

  59. Bill added to Special Order Calendar (3/25/2021)

  60. Added to Second Reading Calendar

  61. Bill referred to House Calendar

  62. 1st Reading (Committee Substitute 1)

  63. CS Filed

  64. Laid on Table under Rule 7.18(a)

  65. Reported out of Judiciary Committee

  66. Favorable with CS by Judiciary Committee

  67. PCS added to Judiciary Committee agenda

  68. Now in Judiciary Committee

  69. Reported out of Justice Appropriations Subcommittee

  70. Favorable by Justice Appropriations Subcommittee

  71. 1st Reading (Original Filed Version)

  72. Added to Justice Appropriations Subcommittee agenda

  73. Now in Justice Appropriations Subcommittee

  74. Favorable by Criminal Justice and Public Safety Subcommittee; YEAS 11 NAYS 6

  75. On Committee agenda-- Criminal Justice and Public Safety Subcommittee, 01/27/21, 4:00 pm, Webster Hall

  76. Referred to Criminal Justice and Public Safety Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee

  77. Filed

Sponsors

  • Judiciary Committee · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 163 not signed on · 38 voted No

Sponsors (1)

  • Judiciary Committee

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 23 Yea · 17 Nay
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 101200
Democrat 0400
No Party Affiliation 0100
Total 231700
% of votes cast 58%43%0%0%
How each member voted (40)
Member Party Vote
Diaz — Yea
Ausley — Nay
Farmer — Nay
Powell — Nay
Baxley — Yea
Gainer — Yea
Rodrigues — Yea
Bean — Yea
Gibson — Nay
Book — Nay
Stargel — Yea
Stewart — Nay
Bracy — Nay
Taddeo — Nay
Hutson — Yea
Thurston — Nay
Brandes — Nay
Torres — Nay
Broxson — Yea
Simpson — Yea
Perry — Yea
Cruz — Nay
Berman, Lori Democrat Nay
Jones, Shevrin D. "Shev" Democrat Nay
Polsky, Tina Scott Democrat Nay
Rouson, Darryl Ervin Democrat Nay
Pizzo, Jason W. B. No Party Affiliation Nay
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Failed 17 Yea · 22 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 01201
Unaffiliated 121000
Democrat 4000
No Party Affiliation 1000
Total 172201
% of votes cast 43%55%0%3%
How each member voted (40)
Member Party Vote
Diaz — Nay
Ausley — Yea
Farmer — Yea
Powell — Yea
Baxley — Nay
Gainer — Nay
Rodrigues — Nay
Bean — Nay
Gibson — Yea
Book — Yea
Stargel — Nay
Stewart — Yea
Bracy — Yea
Taddeo — Yea
Hutson — Nay
Thurston — Yea
Brandes — Yea
Torres — Yea
Broxson — Nay
Simpson — Nay
Perry — Nay
Cruz — Yea
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Nay
Boyd, Jim Republican Nay
Bradley, Jennifer Republican Nay
Brodeur, Jason Republican Nay
Burgess, Danny Republican Nay
Garcia, Ileana Republican Nay
Gruters, Joe Republican Nay
Harrell, Gayle Republican Not Voting
Hooper, Ed Republican Nay
Mayfield, Debbie Republican Nay
Passidomo, Kathleen Republican Nay
Rodriguez, Ana Maria Republican Nay
Wright, Tom A. Republican Nay

Official roll call →

Favorable

Passed 11 Yea · 9 Nay
Party YeaNayPresentNot Voting
Republican 4000
Unaffiliated 7700
No Party Affiliation 0100
Democrat 0100
Total 11900
% of votes cast 55%45%0%0%
How each member voted (20)
Member Party Vote
Broxson — Yea
Diaz — Yea
Gainer — Yea
Hutson — Yea
Perry — Yea
Bean — Yea
Stargel — Yea
Book — Nay
Bracy — Nay
Brandes — Nay
Farmer — Nay
Gibson — Nay
Powell — Nay
Stewart — Nay
Rouson, Darryl Ervin Democrat Nay
Pizzo, Jason W. B. No Party Affiliation Nay
Albritton, Ben Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea

Official roll call →

Passage, Third Reading

Passed 76 Yea · 39 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 312003
Republican 44101
Democrat 11801
Total 763905
% of votes cast 63%33%0%4%
How each member voted (120)
Member Party Vote
Alexander — Nay
Aloupis — Yea
Geller — Nay
Altman — Yea
Goff-Marcil — Nay
Renner — Yea
Grant — Yea
Roach — Yea
Bell — Yea
Beltran — Yea
Hage — Yea
Benjamin — Nay
Harding — Yea
Hardy — Nay
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Brown — Nay
Ingoglia — Yea
Silvers — Nay
Jenne — Nay
Bush — Nay
Byrd — Yea
Killebrew — Yea
Slosberg — Nay
Caruso — Yea
Casello — Nay
Latvala — Yea
Learned — Nay
Sprowls — Yea
Clemons — Yea
Diamond — Nay
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Drake — Yea
DuBose — Nay
McCurdy — Nay
Willhite — Nay
Morales — Nay
Williams — Nay
Fernandez-Barquin — Yea
Williamson — Yea
Fetterhoff — Yea
Omphroy — Nay
Fine — Yea
Fischer — Yea
Payne — Yea
Zika — Yea
Grieco — Not Voting
Stevenson — Not Voting
Duran — Not Voting
Thompson, Geraldine F. "Geri" — Nay
Arrington, Kristen Aston Democrat Nay
Bartleman, Robin Democrat Nay
Chambliss, Kevin D. Democrat Nay
Daley, Dan Democrat Nay
Davis, Tracie Democrat Nay
Driskell, Fentrice Democrat Nay
Eskamani, Dr. Anna V. Democrat Nay
Gottlieb, Michael "Mike" Democrat Not Voting
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Nay
Hinson, Yvonne Hayes Democrat Nay
Hunschofsky, Christine Democrat Nay
Joseph, Dotie Democrat Nay
Nixon, Angela "Angie" Democrat Nay
Rayner, Michele K. Democrat Nay
Robinson, Felicia Simone Democrat Nay
Skidmore, Kelly Democrat Nay
Smith, Carlos Guillermo Democrat Nay
Tant, Allison Democrat Nay
Woodson, Marie Paule Democrat Nay
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Not Voting
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Nay
Yarborough, Clay Republican Yea

Official roll call →

Passed 14 Yea · 7 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4400
Republican 9000
Democrat 1300
Total 14700
% of votes cast 67%33%0%0%
How each member voted (21)
Member Party Vote
Alexander — Nay
Byrd — Yea
Diamond — Nay
Fernandez-Barquin — Yea
Fetterhoff — Yea
Grieco — Nay
Learned — Nay
Roach — Yea
Driskell, Fentrice Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Nay
Brannan III, Robert Charles "Chuck" Republican Yea
Busatta, Demi Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Salzman, Michelle Republican Yea
Snyder, John Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Passed 10 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Democrat 1300
Republican 4000
Total 10500
% of votes cast 67%33%0%0%
How each member voted (15)
Member Party Vote
Beltran — Yea
Benjamin — Nay
Byrd — Yea
Caruso — Yea
Fernandez-Barquin — Yea
Learned — Nay
Sabatini — Yea
Davis, Tracie Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Rayner, Michele K. Democrat Nay
DiCeglie, Nick Republican Yea
Garrison, Sam Republican Yea
Melo, Lauren Republican Yea
Plakon, Rachel Saunders Republican Yea

Official roll call →

Passed 11 Yea · 6 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 6001
Unaffiliated 4400
Democrat 1200
Total 11601
% of votes cast 61%33%0%6%
How each member voted (18)
Member Party Vote
Bush — Nay
Byrd — Yea
Fetterhoff — Yea
Grieco — Nay
Hage — Yea
Learned — Nay
Roach — Yea
Williams — Nay
Chambliss, Kevin D. Democrat Nay
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Nay
Barnaby, Webster Republican Yea
Brannan III, Robert Charles "Chuck" Republican Not Voting
Busatta, Demi Republican Yea
Maney, Patt Republican Yea
Rizo, Alex Republican Yea
Snyder, John Republican Yea
Tuck, Kaylee Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1 do?
Combating Public Disorder; Authorizing specified elected officials to file an appeal to the Administration Commission if the governing body of a municipality makes a specified reduction to the operating budget of the municipal law enforcement agency; providing that a municipality has a duty to allow the municipal law enforcement agency to respond to a riot or unlawful assembly in a specified manner based on specified circumstances; reclassifying the penalty for an assault committed in furtherance of a riot or an aggravated riot; prohibiting cyberintimidation by publication; prohibiting a person from willfully participating in a specified violent public disturbance resulting in specified damage or injury; creating an affirmative defense to a civil action where the plaintiff participated in a riot, etc.
Who sponsors HB 1?
HB 1 is sponsored by Judiciary Committee.
What is the current status of HB 1?
This bill has been enacted into law. Introduced January 06, 2021. Enacted.
Where can I track HB 1?
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