Combating Public Disorder
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HB 1 — Combating Public Disorder
Last action — Chapter No. 2021-6
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 06, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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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 removed1052 line(s) added, 1070 removed.
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,CS/HB Engrossed 1 2021 A bill to be entitled An act relating to combating public disorder;
providingcreating that a municipalitycause hasof action against a dutymunicipality tofor allowobstructing theor municipalinterfering with reasonable law enforcement agencyprotection toduring respond to a riot or an unlawful assemblyassembly; in a specified manner based on specified circumstances;
providingwaiving asovereign municipalityimmunity is civilly liable for specifieda damagesmunicipality proximatelyin caused by the municipality's specified breachcircumstances; of such duty;
amending s.784.011,s. F.S.;
reclassifying784.011, theF.S.; penalty for an assault committed in furtherance of a Page 1 of 61 CODING:
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-e1hb0001-01-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,CS/HB Engrossed 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 Pageor 2an ofaggravated 61riot; CODING:
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 or an aggravated riot;
prohibiting defacing,Page injuring,2 orof damaging60 aCODING: memorial or historic property;
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 defacing, injuring, or damaging a memorial;
definingproviding thea termsdefinition; "historic property" and "memorial";
prohibiting a person from destroying or demolishing a memorialmemorial; or historic property;
prohibiting aspecified personassemblies from willfullyengaging Pagein 3violent ofand 61disorderly CODING:conduct resulting in specified damage or injury;
providing an increased penalty for rioting under specified circumstances;
Page 3 of 60 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 participatingprohibiting in a specifiedperson violentfrom publicinciting disturbancea resultingriot; in specified damage or injury;
providing an increased penalty for rioting under specified circumstances;
prohibiting a person from inciting a riot;
96 Be It Enacted by the Legislature of the State of Florida:
Page98 4Section of1. 61 CODING:
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-e1hb0001-01-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,CS/HB Engrossed 1 2021 Sectionsection, 1.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 Pagein 5which ofthe 61municipality CODING: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-e1hb0001-01-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,CS/HB Engrossed 1 2021 incopy whichof thesuch municipalityreply isto located.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 Pageor 6counties ofwho 61shall CODING:post the adopted amendment on the county's website.
Words stricken are deletions;
Show all 417 changed lines (377 more)
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.
316.2045Page Obstruction6 of public60 streets,CODING: 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:
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 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) Pagein 7order ofto 61solicit. CODING:
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 in order to solicit.
501(c)(3) of the Internal RevenuePage Code7 and registered pursuant to chapter 496, or persons or organizations acting on their behalf are exempted from the provisions of this60 subsectionCODING: for activities on streets or roads not maintained by the state.
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 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 Pagethe 8organization ofthat 61will CODING: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-e1hb0001-01-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,CS/HB Engrossed 1 2021 thetake organizationplace. 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 take place.
Page(c) 9All ofsolicitation 61shall CODING: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-e1hb0001-01-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,CS/HB Engrossed 1 2021 (c)danger Allto solicitationthe shallparticipants occuror duringthe daylightpublic. hours only.
(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 Pagematerials. 10 of 61 CODING:
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-e1hb0001-01-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,CS/HB Engrossed 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, Pageexceeds 11the sum of 61$300,000. CODING:
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-e1hb0001-01-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,CS/HB Engrossed 1 2021 that exceeds these amounts may be reported to the sumLegislature, but may be paid in part or in whole only by further act of $300,000.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 municipalitygoverning hasbody of a dutymunicipality tothat allowintentionally obstructs or interferes with the ability of the municipal law enforcement agency to respondprovide appropriatelyreasonable tolaw protectenforcement personsprotection and property during a riot or an unlawful assembly basedis oncivilly theliable availabilityfor ofany adequatedamages, equipmentincluding damages arising from personal injury, wrongful death, or property damage, proximately caused by the agency's failure to itsprovide municipalreasonable law enforcement officersprotection andduring relevanta stateriot andor federalunlawful laws.assembly.
IfThe thesovereign governingimmunity bodyrecovery oflimits ain municipalityparagraph or(a) ado personnot authorizedapply byto thean Pageaction 12under ofthis 61paragraph. CODING:
Page 12 of 60 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 governingSection body4. 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.
The sovereign immunity recovery limits in paragraph (a) do not apply to an action under this paragraph.
Section 4.
Page(3) 13For the purposes of 61sentencing CODING: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.
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 (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:Page 13 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 read:
(3) A person who commits a battery in furtherance of a Pageriot 14or ofan 61aggravated CODING:riot prohibited under 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 riot or an aggravated riot prohibited under s.
784.045 Aggravated battery.— (1)(a)Page A14 personof commits60 aggravatedCODING: battery who, in committing battery:
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 (1)(a) A person commits aggravated battery who, in committing battery:
Section 784.0495, Florida Statutes, is created Pageto 15read: of 61 CODING:
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-e1hb0001-01-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,CS/HB Engrossed 1 2021 from doing any act or to read: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 Pagedescribed 16in ofs. 61 CODING:
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-e1hb0001-01-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,CS/HB Engrossed 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 Pageany 17other provision of 61law, CODING:a person convicted of battery upon a law enforcement officer committed in furtherance of a riot or an aggravated riot prohibited under 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 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.
NotwithstandingPage any17 other provision of law,60 anyCODING: person convicted of aggravated assault upon a law enforcement officer shall be sentenced to a minimum term of imprisonment of 3 years.
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 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(3) 18Any person who, without the consent of 61the CODING:owner thereof, willfully and maliciously defaces, injures, or otherwise damages by any means a memorial, as defined in s.
Words806.135(1), strickenand arethe deletions;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.
APage court18 shall order any person convicted of violating60 thisCODING: subsection to pay restitution, which shall include the full cost of repair or replacement of such memorial or historic property.
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 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.
PageSection 1911. of 61 CODING:
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-e1hb0001-01-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,CS/HB Engrossed 1 2021 Sectiona 11.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.
(b) Florida Women'sMedal Hall of Fame.Honor Wall.
2.(c) Florida Veterans' Hall of Fame.
Florida(d) MedalPOW-MIA Chair of Honor Wall.Memorial.
3.(e) Florida Veterans' Walk of Honor and Florida Veterans' Memorial Garden.
(f) Florida Veterans'Law Enforcement Officers' Hall of Fame.
4.(g) Florida Holocaust Memorial.
POW-MIA(h) ChairFlorida ofSlavery Honor Memorial.
Page(i) 20Any ofother 61memorial CODING:located within the Capitol Complex, including, but not limited to, Waller Park.
Words(2) strickenIt areis deletions;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 thisPage section20 to pay restitution, which shall include the full cost of repair60 orCODING: replacement of such memorial or historic property.
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 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 Pagedangerous 21weapon ofor 61explosive, CODING:and the offender enters or remains in a:
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 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 theftPage of21 a controlled substance under this paragraph and for any applicable possession of controlled60 substanceCODING: offense under s.
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 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 Pageriot; 22 of 61 CODING:
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 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 appearsPage before22 aof committing60 magistrateCODING: at a first appearance hearing.
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 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 Pagedangerous 23weapon ofor 61explosive, CODING:and the offender enters or remains in a:
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 dangerous weapon or explosive, and the offender enters or remains in a:
As used in thisPage subsection,23 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 or60 responseCODING: 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 Page 24 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 magistratethis atsubsection, 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 appearanceresponders hearing.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, valuedPage at24 $300of or60 more,CODING: that is taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted under chapter 401;
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;
Page775.082, 25s. of 61 CODING:
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"Page means25 civil unrest, power outages, curfews, or a reduction in the presence of or60 responseCODING: 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 Page 26 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 personriot" appearsmeans beforecivil unrest, power outages, curfews, or a committingreduction magistratein atthe 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 appearanceresponders hearing.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;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 Pageand 27control. of 61 CODING:
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.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-e1hb0001-01-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,CS/HB Engrossed 1 2021 fromsubstance. the emergency, the offender commits a felony of the second degree, punishable as provided in s.
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 chapterPage 921,28 aof felony60 offenseCODING: that is reclassified under this paragraph is ranked one level above the ranking under s.
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(b) 29"Harass" ofhas 61the CODING: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.
SectionPage 15.29 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(2) 30A person commits a riot if he or she participates in a violent public disturbance involving an assembly of 61three CODING: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 25nine or more other persons;
(b)Page Causes30 greatof bodily60 harmCODING: to a person not participating in the riot;
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;
PageA 31person who commits aggravating rioting commits a felony of 61the CODING: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 deadlyPage weapon31 beof used60 inCODING: a riot for an unlawful purpose.
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 Pageaccordance 32with ofchapter 61903. CODING:
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 convictedPage of32 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 a60 riot.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-e1hb0001-01-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,CS/HB Engrossed 1 2021 commissionconvicted of riot.— (1) In a civil action for damages for personal injury, wrongful death, or property damage, it is an affirmative defense that such crimeaction arose from an injury or damage sustained by a preponderanceparticipant acting in furtherance of thea evidence.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 3433 of 6160 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 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 writtenPage authorization,34 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 the60 countyCODING: 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.
Page 35 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 Sectionwritten 20.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 ofPage the35 Marineof Turtle60 ProtectionCODING: 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.
Page 36 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 517.07(2)of 3rdthe FailureMarine toTurtle furnishProtection aAct. prospectus meeting requirements.
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 memorialmemorial. or Page 37 of 61 CODING:
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)Page 3rd37 Possession, use, or attempted use of an60 antishopliftingCODING: or inventory control device countermeasure.
817.234(1)(a)2.
3rd False statement in support of Page 38 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 insurance812.015(7) claim.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, servicesPage with38 falseof card.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-e1hb0001-01-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,CS/HB Engrossed 1 2021 intercourseservices with personfalse tocard. whom related.
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.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-e1hb0001-01-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,CS/HB Engrossed 1 2021 intentnotes. to defraud.
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)Page 3rd40 Unlawful use of confidential60 informationCODING: from police reports.
316.066 3rd Unlawfully obtaining or using (3)(b)-(d) confidential crash reports.
Page 41 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 316.193(2)(b)119.10(2)(b) 3rd FelonyUnlawful DUI,use 3rdof conviction.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)Page 3rd41 Withof intent60 toCODING: defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
327.35(2)(b) 3rd Felony BUI.
Page 42 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 328.05(2)319.33(4) 3rd Possess,With sell,intent orto counterfeitdefraud, fictitious,possess, stolen,sell, oretc., fraudulenta titlesblank, forged, or billsunlawfully ofobtained saletitle ofor vessels.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,Page or42 harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the60 MarineCODING: Turtle Protection Act.
379.2431 3rd Possessing any marine turtle Page 43 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 (1)(e)6.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 reportPage information.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-e1hb0001-01-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,CS/HB Engrossed 1 2021 501.001(2)(b)report 2nd Tampers with a consumer product or the container using materially false/misleading 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)Page 3rd44 Personof directs60 anotherCODING: to discharge firearm from a vehicle.
806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
Page 45 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 806.10(2)790.15(3) 3rd InterferesPerson withdirects oranother assaultsto firefighterdischarge infirearm performancefrom ofa duty.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;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 PageAct), 46property ofvalued 61at CODING: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 insurancePage card.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-e1hb0001-01-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,CS/HB Engrossed 1 2021 defraudinsurance orcard. possessing a counterfeit payment instrument with intent to defraud.
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)Page 3rd47 Riot;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 870.01(2) 3rd Riot;
893.03(1)(c), (2)(c)1., Page(2)(c)2., 48(2)(c)3., of(2)(c)6., 61(2)(c)7., CODING:(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 housingPage facility.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-e1hb0001-01-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,CS/HB Engrossed 1 2021 substancehousing otherfacility. than felony possession of cannabis.
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 materialPage information49 onof any60 documentCODING: 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 Page 50 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 controlledmaterial substanceinformation throughon deceptive,any untrue,document or fraudulentrecord representationsrequired inby orchapter related893. to the practitioner's practice.
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 controlledPage substance50 for a patient, other person, or an animal if the sole purpose of writing60 theCODING: prescription is a monetary benefit for the practitioner.
Page 51 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 918.13(1)(a)controlled 3rdsubstance Alter,for destroy,a patient, other person, or concealan investigationanimal evidence.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 5251 of 6160 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 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,Page firefighter,52 etc.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-e1hb0001-01-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,CS/HB Engrossed 1 2021 784.078officer, 3rdfirefighter, Batteryetc. of facility employee by throwing, tossing, or expelling certain fluids or materials.
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 expellingPage certain53 fluidsof or60 materials.CODING:
787.03(1) 3rd Interference with custody;
wrongly takes minor from appointed guardian.
Page 54 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 787.04(2)expelling 3rdcertain Take,fluids entice, or removematerials. child beyond state limits with criminal intent pending custody proceedings.
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 otherPage weapon54 onof school60 property.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-e1hb0001-01-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,CS/HB Engrossed 1 2021 offenderother lessweapon thanon 18school years.property.
806.135790.115(2)(c) 2nd3rd DestroyingPossessing orfirearm demolishingon aschool memorial or historic 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 withPage firearm55 orof dangerous60 weapon.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(2)(c)4.-10. 56 of 61 CODING:
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.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-e1hb0001-01-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,CS/HB Engrossed 1 2021 breedingreencoder. disability to any registered horse or cattle.
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.
843.021Page 3rd57 Possession of a60 concealedCODING: handcuff key by a person in custody.
843.025 3rd Deprive law enforcement, correctional, or correctional Page 58 of 61 CODING:
hb0001-02-e1hb0001-01-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,CS/HB Engrossed 1 2021 probation843.021 officer3rd Possession of meansa ofconcealed protectionhandcuff orkey communication.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.
Page914.22(1) 593rd ofForce, 61threaten, CODING: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-e1hb0001-01-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 , Engrossed 1 2021 to944.47(1)(a)6. aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
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 6160 of 6160 CODING:
hb0001-02-e1hb0001-01-c1
Show all 417 changed rows (377 more)
Action History
-
Chapter No. 2021-6
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Approved by Governor
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Signed by Officers and presented to Governor
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Ordered enrolled
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In Messages
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Immediately certified
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CS passed; YEAS 23 NAYS 17
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Read 3rd time
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Placed on 3rd reading
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Amendment(s) failed (280910, 374104, 432142, 442172, 450464, 484354, 526562, 577848, 650056, 674492, 701782, 751634, 766236, 842162) -SJ 418, 423, 430, 434
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Read 2nd time
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Placed on Special Order Calendar, 04/14/21
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Placed on Calendar, on 2nd reading
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Favorable by- Appropriations; YEAS 11 NAYS 9
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Received
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On Committee agenda-- Appropriations, 04/10/21, 9:00 am, 412 Knott Building --Meeting cancelled
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On Committee agenda-- Appropriations, 04/09/21, 8:30 am, 412 Knott Building
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Referred to Appropriations
-
In Messages
-
Message sent to senate
-
CS passed as amended; YEAS 76, NAYS 39
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Read 3rd time
-
Added to Third Reading Calendar
-
Placed on 3rd reading
-
Amendment 423835 adopted
-
Amendment 155255 ruled out of order
-
Amendment 567371 Failed
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Amendment 960979 Failed
-
Amendment 491535 adopted
-
Amendment 580221 adopted
-
Amendment 078765 Failed
-
Amendment 175541 adopted
-
Amendment 694491 Failed
-
Amendment 298547 Failed
-
Amendment 694491 temporarily postponed
-
Read 2nd time
-
Amendment 791293 withdrawn
-
Amendment 469361 withdrawn
-
Amendment 869807 withdrawn
-
Amendment 676083 withdrawn
-
Amendment 081267 withdrawn
-
Amendment 365305 withdrawn
-
Amendment 869807 filed late
-
Amendment 791293 filed late
-
Amendment 676083 filed late
-
Amendment 365305 filed late
-
Amendment 081267 filed late
-
Amendment 469361 filed late
-
Amendment 960979 filed
-
Amendment 155255 filed
-
Amendment 078765 filed
-
Amendment 694491 filed
-
Amendment 567371 filed
-
Amendment 298547 filed
-
Amendment 423835 filed
-
Amendment 491535 filed
-
Amendment 580221 filed
-
Amendment 175541 filed
-
Bill added to Special Order Calendar (3/25/2021)
-
Added to Second Reading Calendar
-
Bill referred to House Calendar
-
1st Reading (Committee Substitute 1)
-
CS Filed
-
Laid on Table under Rule 7.18(a)
-
Reported out of Judiciary Committee
-
Favorable with CS by Judiciary Committee
-
PCS added to Judiciary Committee agenda
-
Now in Judiciary Committee
-
Reported out of Justice Appropriations Subcommittee
-
Favorable by Justice Appropriations Subcommittee
-
1st Reading (Original Filed Version)
-
Added to Justice Appropriations Subcommittee agenda
-
Now in Justice Appropriations Subcommittee
-
Favorable by Criminal Justice and Public Safety Subcommittee; YEAS 11 NAYS 6
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On Committee agenda-- Criminal Justice and Public Safety Subcommittee, 01/27/21, 4:00 pm, Webster Hall
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Referred to Criminal Justice and Public Safety Subcommittee; Justice Appropriations Subcommittee; Judiciary Committee
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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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 13 | 0 | 0 | 0 |
| Unaffiliated | 10 | 12 | 0 | 0 |
| Democrat | 0 | 4 | 0 | 0 |
| No Party Affiliation | 0 | 1 | 0 | 0 |
| Total | 23 | 17 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 0 | 12 | 0 | 1 |
| Unaffiliated | 12 | 10 | 0 | 0 |
| Democrat | 4 | 0 | 0 | 0 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 17 | 22 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 0 |
| Unaffiliated | 7 | 7 | 0 | 0 |
| No Party Affiliation | 0 | 1 | 0 | 0 |
| Democrat | 0 | 1 | 0 | 0 |
| Total | 11 | 9 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 31 | 20 | 0 | 3 |
| Republican | 44 | 1 | 0 | 1 |
| Democrat | 1 | 18 | 0 | 1 |
| Total | 76 | 39 | 0 | 5 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 4 | 0 | 0 |
| Republican | 9 | 0 | 0 | 0 |
| Democrat | 1 | 3 | 0 | 0 |
| Total | 14 | 7 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 2 | 0 | 0 |
| Democrat | 1 | 3 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 10 | 5 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 6 | 0 | 0 | 1 |
| Unaffiliated | 4 | 4 | 0 | 0 |
| Democrat | 1 | 2 | 0 | 0 |
| Total | 11 | 6 | 0 | 1 |
| % 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 |
Subjects
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?
- Track HB 1 free on One Click Politics — get push/email alerts when it moves.
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