Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS/HB 1, 1st Eng.
       
       
       
       
       
       
                                Ì4843542Î484354                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/F/2R          .                                
             04/14/2021 03:26 PM       .                                
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       Senator Gibson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 111 - 784
    4  and insert:
    5  enforcement agency which does not go toward neighborhood crime
    6  intervention or other crime prevention programs, the state
    7  attorney for the judicial circuit in which the municipality is
    8  located, or a member of the governing body who objects to the
    9  funding reduction, may file an appeal by petition to the
   10  Administration Commission within 30 days after the day the
   11  tentative budget is posted to the official website of the
   12  municipality under subsection (3). The petition must set forth
   13  the tentative budget proposed by the municipality, in the form
   14  and manner prescribed by the Executive Office of the Governor
   15  and approved by the Administration Commission, the operating
   16  budget of the municipal law enforcement agency as approved by
   17  the municipality for the previous year, and state the reasons or
   18  grounds for the appeal. The petition shall be filed with the
   19  Executive Office of the Governor, and a copy served upon the
   20  governing body of the municipality or to the clerk of the
   21  circuit court of the county in which the municipality is
   22  located.
   23         (b)The governing body of the municipality has 5 working
   24  days after service of a copy of the petition to file a reply
   25  with the Executive Office of the Governor, and shall serve a
   26  copy of such reply to the petitioner.
   27         (5)Upon receipt of the petition, the Executive Office of
   28  the Governor shall provide for a budget hearing at which the
   29  matters presented in the petition and the reply shall be
   30  considered. A report of the findings and recommendations of the
   31  Executive Office of the Governor thereon shall be promptly
   32  submitted to the Administration Commission, which, within 30
   33  days, shall approve the action of the governing body of the
   34  municipality or amend or modify the budget as to each separate
   35  item within the operating budget of the municipal law
   36  enforcement agency. The budget as approved, amended, or modified
   37  by the Administration Commission shall be final.
   38         (8)(6) If the governing body of a municipality amends the
   39  budget pursuant to paragraph (7)(c) paragraph (5)(c), the
   40  adopted amendment must be posted on the official website of the
   41  municipality within 5 days after adoption and must remain on the
   42  website for at least 2 years. If the municipality does not
   43  operate an official website, the municipality must, within a
   44  reasonable period of time as established by the county or
   45  counties in which the municipality is located, transmit the
   46  adopted amendment to the manager or administrator of such county
   47  or counties who shall post the adopted amendment on the county’s
   48  website.
   49         Section 2. Section 316.2045, Florida Statutes, is amended
   50  to read:
   51         316.2045 Obstruction of public streets, highways, and
   52  roads.—
   53         (1)(a)A It is unlawful for any person may not or persons
   54  willfully to obstruct the free, convenient, and normal use of a
   55  any public street, highway, or road by:
   56         1. Impeding, hindering, stifling, retarding, or restraining
   57  traffic or passage thereon;, by
   58         2. Standing on or remaining in the street, highway, or
   59  road; or approaching motor vehicles thereon, or by
   60         3. Endangering the safe movement of vehicles or pedestrians
   61  traveling thereon.
   62         (b)A ; and any person or persons who violates paragraph
   63  (a) violate the provisions of this subsection, upon conviction,
   64  shall be cited for a pedestrian violation, punishable as
   65  provided in chapter 318.
   66         (c)This subsection does not prohibit a local governmental
   67  entity from issuing a special event permit as authorized by law.
   68         (2)It is unlawful, without proper authorization or a
   69  lawful permit, for any person or persons willfully to obstruct
   70  the free, convenient, and normal use of any public street,
   71  highway, or road by any of the means specified in subsection (1)
   72  in order to solicit. Any person who violates the provisions of
   73  this subsection is guilty of a misdemeanor of the second degree,
   74  punishable as provided in s. 775.082 or s. 775.083.
   75  Organizations qualified under s. 501(c)(3) of the Internal
   76  Revenue Code and registered pursuant to chapter 496, or persons
   77  or organizations acting on their behalf are exempted from the
   78  provisions of this subsection for activities on streets or roads
   79  not maintained by the state. Permits for the use of any portion
   80  of a state-maintained road or right-of-way shall be required
   81  only for those purposes and in the manner set out in s. 337.406.
   82         (3)Permits for the use of any street, road, or right-of
   83  way not maintained by the state may be issued by the appropriate
   84  local government. An organization that is qualified under s.
   85  501(c)(3) of the Internal Revenue Code and registered under
   86  chapter 496, or a person or organization acting on behalf of
   87  that organization, is exempt from local requirements for a
   88  permit issued under this subsection for charitable solicitation
   89  activities on or along streets or roads that are not maintained
   90  by the state under the following conditions:
   91         (a)The organization, or the person or organization acting
   92  on behalf of the organization, must provide all of the following
   93  to the local government:
   94         1.No fewer than 14 calendar days prior to the proposed
   95  solicitation, the name and address of the person or organization
   96  that will perform the solicitation and the name and address of
   97  the organization that will receive funds from the solicitation.
   98         2.For review and comment, a plan for the safety of all
   99  persons participating in the solicitation, as well as the
  100  motoring public, at the locations where the solicitation will
  101  take place.
  102         3.Specific details of the location or locations of the
  103  proposed solicitation and the hours during which the
  104  solicitation activities will occur.
  105         4.Proof of commercial general liability insurance against
  106  claims for bodily injury and property damage occurring on
  107  streets, roads, or rights-of-way or arising from the solicitor’s
  108  activities or use of the streets, roads, or rights-of-way by the
  109  solicitor or the solicitor’s agents, contractors, or employees.
  110  The insurance shall have a limit of not less than $1 million per
  111  occurrence for the general aggregate. The certificate of
  112  insurance shall name the local government as an additional
  113  insured and shall be filed with the local government no later
  114  than 72 hours before the date of the solicitation.
  115         5.Proof of registration with the Department of Agriculture
  116  and Consumer Services pursuant to s. 496.405 or proof that the
  117  soliciting organization is exempt from the registration
  118  requirement.
  119         (b)Organizations or persons meeting the requirements of
  120  subparagraphs (a)1.-5. may solicit for a period not to exceed 10
  121  cumulative days within 1 calendar year.
  122         (c)All solicitation shall occur during daylight hours
  123  only.
  124         (d)Solicitation activities shall not interfere with the
  125  safe and efficient movement of traffic and shall not cause
  126  danger to the participants or the public.
  127         (e)No person engaging in solicitation activities shall
  128  persist after solicitation has been denied, act in a demanding
  129  or harassing manner, or use any sound or voice-amplifying
  130  apparatus or device.
  131         (f)All persons participating in the solicitation shall be
  132  at least 18 years of age and shall possess picture
  133  identification.
  134         (g)Signage providing notice of the solicitation shall be
  135  posted at least 500 feet before the site of the solicitation.
  136         (h)The local government may stop solicitation activities
  137  if any conditions or requirements of this subsection are not
  138  met.
  139         (4)Nothing in this section shall be construed to inhibit
  140  political campaigning on the public right-of-way or to require a
  141  permit for such activity.
  142         (2)(5) Notwithstanding the provisions of subsection (1),
  143  any commercial vehicle used solely for the purpose of collecting
  144  solid waste or recyclable or recovered materials may stop or
  145  stand on any public street, highway, or road for the sole
  146  purpose of collecting solid waste or recyclable or recovered
  147  materials. However, such solid waste or recyclable or recovered
  148  materials collection vehicle shall show or display amber
  149  flashing hazard lights at all times that it is engaged in
  150  stopping or standing for the purpose of collecting solid waste
  151  or recyclable or recovered materials. Local governments may
  152  establish reasonable regulations governing the standing and
  153  stopping of such commercial vehicles, provided that such
  154  regulations are applied uniformly and without regard to the
  155  ownership of the vehicles.
  156         Section 3. Subsection (5) of section 768.28, Florida
  157  Statutes, is amended to read:
  158         768.28 Waiver of sovereign immunity in tort actions;
  159  recovery limits; civil liability for damages caused during a
  160  riot; limitation on attorney fees; statute of limitations;
  161  exclusions; indemnification; risk management programs.—
  162         (5)(a) The state and its agencies and subdivisions shall be
  163  liable for tort claims in the same manner and to the same extent
  164  as a private individual under like circumstances, but liability
  165  shall not include punitive damages or interest for the period
  166  before judgment. Neither the state nor its agencies or
  167  subdivisions shall be liable to pay a claim or a judgment by any
  168  one person which exceeds the sum of $200,000 or any claim or
  169  judgment, or portions thereof, which, when totaled with all
  170  other claims or judgments paid by the state or its agencies or
  171  subdivisions arising out of the same incident or occurrence,
  172  exceeds the sum of $300,000. However, a judgment or judgments
  173  may be claimed and rendered in excess of these amounts and may
  174  be settled and paid pursuant to this act up to $200,000 or
  175  $300,000, as the case may be; and that portion of the judgment
  176  that exceeds these amounts may be reported to the Legislature,
  177  but may be paid in part or in whole only by further act of the
  178  Legislature. Notwithstanding the limited waiver of sovereign
  179  immunity provided herein, the state or an agency or subdivision
  180  thereof may agree, within the limits of insurance coverage
  181  provided, to settle a claim made or a judgment rendered against
  182  it without further action by the Legislature, but the state or
  183  agency or subdivision thereof shall not be deemed to have waived
  184  any defense of sovereign immunity or to have increased the
  185  limits of its liability as a result of its obtaining insurance
  186  coverage for tortious acts in excess of the $200,000 or $300,000
  187  waiver provided above. The limitations of liability set forth in
  188  this subsection shall apply to the state and its agencies and
  189  subdivisions whether or not the state or its agencies or
  190  subdivisions possessed sovereign immunity before July 1, 1974.
  191         (b)A municipality has a duty to allow the municipal law
  192  enforcement agency, as long as it appropriately trains its law
  193  enforcement officers on standards regarding use of force,
  194  physical restraints, and deploying tear gas, to respond
  195  appropriately to protect persons and property during a riot or
  196  an unlawful assembly based on the availability of adequate
  197  equipment to its municipal law enforcement officers and relevant
  198  state and federal laws. If the governing body of a municipality
  199  or a person authorized by the governing body of the municipality
  200  breaches that duty, the municipality is civilly liable for any
  201  damages including damages arising from personal injury, wrongful
  202  death, or property damages proximately caused by the
  203  municipality’s breach of duty. The sovereign immunity recovery
  204  limits in paragraph (a) do not apply to an action under this
  205  paragraph.
  206         Section 4. Subsection (2) of section 784.011, Florida
  207  Statutes, is amended, and subsection (3) is added to that
  208  section, to read:
  209         784.011 Assault.—
  210         (2) Except as provided in subsection (3), a person who
  211  assaults another person Whoever commits an assault shall be
  212  guilty of a misdemeanor of the second degree, punishable as
  213  provided in s. 775.082 or s. 775.083.
  214         (3)A person, regardless of race or ethnicity and who is
  215  clearly identified, who assaults another person in furtherance
  216  of a riot or an aggravated riot prohibited under s. 870.01
  217  commits a misdemeanor of the first degree, punishable as
  218  provided in s. 775.082 or s. 775.083.
  219         Section 5. Subsection (2) of section 784.021, Florida
  220  Statutes, is amended, and subsection (3) is added to that
  221  section, to read:
  222         784.021 Aggravated assault.—
  223         (2) A person who Whoever commits an aggravated assault
  224  commits shall be guilty of a felony of the third degree,
  225  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  226         (3)For the purposes of sentencing under chapter 921, a
  227  violation of this section committed by a person, regardless of
  228  race or ethnicity and who is clearly identified, acting in
  229  furtherance of a riot or an aggravated riot prohibited under s.
  230  870.01 is ranked one level above the ranking under s. 921.0022
  231  for the offense committed.
  232         Section 6. Section 784.03, Florida Statutes, is amended to
  233  read:
  234         784.03 Battery; felony battery.—
  235         (1)(a) The offense of battery occurs when a person:
  236         1. Actually and intentionally touches or strikes another
  237  person against the will of the other; or
  238         2. Intentionally causes bodily harm to another person.
  239         (b) Except as provided in subsection (2) or subsection (3),
  240  a person who commits battery commits a misdemeanor of the first
  241  degree, punishable as provided in s. 775.082 or s. 775.083.
  242         (2) A person who has one prior conviction for battery,
  243  aggravated battery, or felony battery and who commits any second
  244  or subsequent battery commits a felony of the third degree,
  245  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  246  For purposes of this subsection, “conviction” means a
  247  determination of guilt that is the result of a plea or a trial,
  248  regardless of whether adjudication is withheld or a plea of nolo
  249  contendere is entered.
  250         (3)A person, regardless of race or ethnicity and who is
  251  clearly identified, who commits a battery in furtherance of a
  252  riot or an aggravated riot prohibited under s. 870.01 commits a
  253  felony of the third degree, punishable as provided in s.
  254  775.082, s. 775.083, or s. 775.084.
  255         Section 7. Section 784.045, Florida Statutes, is amended to
  256  read:
  257         784.045 Aggravated battery.—
  258         (1)(a) A person commits aggravated battery who, in
  259  committing battery:
  260         1. Intentionally or knowingly causes great bodily harm,
  261  permanent disability, or permanent disfigurement; or
  262         2. Uses a deadly weapon.
  263         (b) A person commits aggravated battery if the person who
  264  was the victim of the battery was pregnant at the time of the
  265  offense and the offender knew or should have known that the
  266  victim was pregnant.
  267         (2) A person who violates subsection (1) commits Whoever
  268  commits aggravated battery shall be guilty of a felony of the
  269  second degree, punishable as provided in s. 775.082, s. 775.083,
  270  or s. 775.084.
  271         (3)For the purposes of sentencing under chapter 921, a
  272  violation of this section committed by a person, regardless of
  273  race or ethnicity and who is clearly identified, acting in
  274  furtherance of a riot or an aggravated riot prohibited under s.
  275  870.01 is ranked one level above the ranking under s. 921.0022
  276  for the offense committed.
  277         Section 8. Section 784.0495, Florida Statutes, is created
  278  to read:
  279         784.0495Mob intimidation.—
  280         (1)It is unlawful for a person, regardless of race or
  281  ethnicity and who is clearly identified, assembled with two or
  282  more other persons and acting with a common intent, to use force
  283  or threaten to use imminent force, to compel or induce, or
  284  attempt to compel or induce, another person to do or refrain
  285  from doing any act or to assume, abandon, or maintain a
  286  particular viewpoint against his or her will.
  287         (2)A person who violates subsection (1) commits a
  288  misdemeanor of the first degree, punishable as provided in s.
  289  775.082 or s. 775.083.
  290         (3)A person arrested for a violation of this section shall
  291  be held in custody until brought before the court for admittance
  292  to bail in accordance with chapter 903.
  293         Section 9. Subsection (2) of section 784.07, Florida
  294  Statutes, is amended, and subsection (4) is added to that
  295  section, to read:
  296         784.07 Assault or battery of law enforcement officers,
  297  firefighters, emergency medical care providers, public transit
  298  employees or agents, or other specified officers;
  299  reclassification of offenses; minimum sentences.—
  300         (2) Whenever any person is charged with knowingly
  301  committing an assault or battery upon a law enforcement officer,
  302  a firefighter, an emergency medical care provider, a railroad
  303  special officer, a traffic accident investigation officer as
  304  described in s. 316.640, a nonsworn law enforcement agency
  305  employee who is certified as an agency inspector, a blood
  306  alcohol analyst, or a breath test operator while such employee
  307  is in uniform and engaged in processing, testing, evaluating,
  308  analyzing, or transporting a person who is detained or under
  309  arrest for DUI, a law enforcement explorer, a traffic infraction
  310  enforcement officer as described in s. 316.640, a parking
  311  enforcement specialist as defined in s. 316.640, a person
  312  licensed as a security officer as defined in s. 493.6101 and
  313  wearing a uniform that bears at least one patch or emblem that
  314  is visible at all times that clearly identifies the employing
  315  agency and that clearly identifies the person as a licensed
  316  security officer, or a security officer employed by the board of
  317  trustees of a community college, while the officer, firefighter,
  318  emergency medical care provider, railroad special officer,
  319  traffic accident investigation officer, traffic infraction
  320  enforcement officer, inspector, analyst, operator, law
  321  enforcement explorer, parking enforcement specialist, public
  322  transit employee or agent, or security officer is engaged in the
  323  lawful performance of his or her duties, the offense for which
  324  the person is charged shall be reclassified as follows:
  325         (a) In the case of assault, from a misdemeanor of the
  326  second degree to a misdemeanor of the first degree.
  327         (b) In the case of battery, from a misdemeanor of the first
  328  degree to a felony of the third degree. Notwithstanding any
  329  other provision of law, a person, regardless of race or
  330  ethnicity and who is clearly identified, convicted of battery
  331  upon a law enforcement officer committed in furtherance of a
  332  riot or an aggravated riot prohibited under s. 870.01 shall be
  333  sentenced to a minimum term of imprisonment of 6 months.
  334         (c) In the case of aggravated assault, from a felony of the
  335  third degree to a felony of the second degree. Notwithstanding
  336  any other provision of law, any person convicted of aggravated
  337  assault upon a law enforcement officer shall be sentenced to a
  338  minimum term of imprisonment of 3 years.
  339         (d) In the case of aggravated battery, from a felony of the
  340  second degree to a felony of the first degree. Notwithstanding
  341  any other provision of law, any person convicted of aggravated
  342  battery of a law enforcement officer shall be sentenced to a
  343  minimum term of imprisonment of 5 years.
  344         (4)For purposes of sentencing under chapter 921, a felony
  345  violation of this section committed by a person, regardless of
  346  race or ethnicity and who is clearly identified, acting in
  347  furtherance of a riot or an aggravated riot prohibited under s.
  348  870.01 is ranked one level above the ranking under s. 921.0022
  349  for the offense committed.
  350         Section 10. Subsections (3) through (9) of section 806.13,
  351  Florida Statutes, are renumbered as subsections (4) through
  352  (10), respectively, a new subsection (3) is added to that
  353  section, and present subsection (8) of that section is amended,
  354  to read:
  355         806.13 Criminal mischief; penalties; penalty for minor.—
  356         (3)Any person who, without the consent of the owner
  357  thereof, willfully and maliciously defaces, injures, or
  358  otherwise damages by any means a memorial or historic property,
  359  as defined in s. 806.135(1), and the value of the damage to the
  360  memorial or historic property is greater than $200, commits a
  361  felony of the third degree, punishable as provided in s.
  362  775.082, s. 775.083, or s. 775.084. A court shall order any
  363  person convicted of violating this subsection to pay
  364  restitution, which shall include the full cost of repair or
  365  replacement of such memorial or historic property.
  366         (9)(8) A minor whose driver license or driving privilege is
  367  revoked, suspended, or withheld under subsection (8)(7) may
  368  elect to reduce the period of revocation, suspension, or
  369  withholding by performing community service at the rate of 1 day
  370  for each hour of community service performed. In addition, if
  371  the court determines that due to a family hardship, the minor’s
  372  driver license or driving privilege is necessary for employment
  373  or medical purposes of the minor or a member of the minor’s
  374  family, the court shall order the minor to perform community
  375  service and reduce the period of revocation, suspension, or
  376  withholding at the rate of 1 day for each hour of community
  377  service performed. As used in this subsection, the term
  378  “community service” means cleaning graffiti from public
  379  property.
  380         Section 11. Section 806.135, Florida Statutes, is created
  381  to read:
  382         806.135Destroying or demolishing a memorial or historic
  383  property.—
  384         (1)As used in this section, the term:
  385         (a)“Historic property” means any building, structure,
  386  site, or object that has been officially designated as a
  387  historic building, historic structure, historic site, or
  388  historic object through a federal, state, or local designation
  389  program.
  390         (b)“Memorial” means a plaque, statue, marker, flag,
  391  banner, cenotaph, religious symbol, painting, seal, tombstone,
  392  structure name, or display that is constructed and located with
  393  the intent of being permanently displayed or perpetually
  394  maintained; is dedicated to a historical person, an entity, an
  395  event, or a series of events; and honors or recounts the
  396  military service of any past or present United States Armed
  397  Forces military personnel, or the past or present public service
  398  of a resident of the geographical area comprising the state or
  399  the United States. The term includes, but is not limited to, the
  400  following memorials established under chapter 265:
  401         1.Florida Women’s Hall of Fame.
  402         2.Florida Medal of Honor Wall.
  403         3.Florida Veterans’ Hall of Fame.
  404         4.POW-MIA Chair of Honor Memorial.
  405         5.Florida Veterans’ Walk of Honor and Florida Veterans’
  406  Memorial Garden.
  407         6.Florida Law Enforcement Officers’ Hall of Fame.
  408         7.Florida Holocaust Memorial.
  409         8.Florida Slavery Memorial.
  410         9.Any other memorial located within the Capitol Complex,
  411  including, but not limited to, Waller Park.
  412         (2)It is unlawful for any person to willfully and
  413  maliciously destroy or demolish any memorial or historic
  414  property, or willfully and maliciously pull down a memorial or
  415  historic property, unless authorized by the owner of the
  416  memorial or historic property. A person who violates this
  417  section commits a felony of the second degree, punishable as
  418  provided in s. 775.082, s. 775.083, or s. 775.084.
  419         (3)A court shall order any person convicted of violating
  420  this section to pay restitution, which shall include the full
  421  cost of repair or replacement of such memorial or historic
  422  property.
  423         Section 12. Subsections (3) and (4) of section 810.02,
  424  Florida Statutes, are amended to read:
  425         810.02 Burglary.—
  426         (3) Burglary is a felony of the second degree, punishable
  427  as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
  428  course of committing the offense, the offender does not make an
  429  assault or battery and is not and does not become armed with a
  430  dangerous weapon or explosive, and the offender enters or
  431  remains in a:
  432         (a) Dwelling, and there is another person in the dwelling
  433  at the time the offender enters or remains;
  434         (b) Dwelling, and there is not another person in the
  435  dwelling at the time the offender enters or remains;
  436         (c) Structure, and there is another person in the structure
  437  at the time the offender enters or remains;
  438         (d) Conveyance, and there is another person in the
  439  conveyance at the time the offender enters or remains;
  440         (e) Authorized emergency vehicle, as defined in s. 316.003;
  441  or
  442         (f) Structure or conveyance when the offense intended to be
  443  committed therein is theft of a controlled substance as defined
  444  in s. 893.02. Notwithstanding any other law, separate judgments
  445  and sentences for burglary with the intent to commit theft of a
  446  controlled substance under this paragraph and for any applicable
  447  possession of controlled substance offense under s. 893.13 or
  448  trafficking in controlled substance offense under s. 893.135 may
  449  be imposed when all such offenses involve the same amount or
  450  amounts of a controlled substance.
  451  
  452  However, if the burglary is committed during a riot or an
  453  aggravated riot prohibited under s. 870.01 and the perpetration
  454  of the burglary is facilitated by conditions arising from the
  455  riot; or within a county that is subject to a state of emergency
  456  declared by the Governor under chapter 252 after the declaration
  457  of emergency is made and the perpetration of the burglary is
  458  facilitated by conditions arising from the emergency, the
  459  burglary is a felony of the first degree, punishable as provided
  460  in s. 775.082, s. 775.083, or s. 775.084. As used in this
  461  subsection, the term “conditions arising from the riot” means
  462  civil unrest, power outages, curfews, or a reduction in the
  463  presence of or response time for first responders or homeland
  464  security personnel and the term “conditions arising from the
  465  emergency” means civil unrest, power outages, curfews, voluntary
  466  or mandatory evacuations, or a reduction in the presence of or
  467  response time for first responders or homeland security
  468  personnel. A person, regardless of race or ethnicity and who is
  469  clearly identified, arrested for committing a burglary during a
  470  riot or an aggravated riot or within a county that is subject to
  471  such a state of emergency may not be released until the person
  472  appears before a committing magistrate at a first appearance
  473  hearing. For purposes of sentencing under chapter 921, a felony
  474  offense that is reclassified under this subsection is ranked one
  475  level above the ranking under s. 921.0022 or s. 921.0023 of the
  476  offense committed.
  477         (4) Burglary is a felony of the third degree, punishable as
  478  provided in s. 775.082, s. 775.083, or s. 775.084, if, in the
  479  course of committing the offense, the offender does not make an
  480  assault or battery and is not and does not become armed with a
  481  dangerous weapon or explosive, and the offender enters or
  482  remains in a:
  483         (a) Structure, and there is not another person in the
  484  structure at the time the offender enters or remains; or
  485         (b) Conveyance, and there is not another person in the
  486  conveyance at the time the offender enters or remains.
  487  
  488  However, if the burglary is committed during a riot or an
  489  aggravated riot prohibited under s. 870.01 and the perpetration
  490  of the burglary is facilitated by conditions arising from the
  491  riot; or within a county that is subject to a state of emergency
  492  declared by the Governor under chapter 252 after the declaration
  493  of emergency is made and the perpetration of the burglary is
  494  facilitated by conditions arising from the emergency, the
  495  burglary is a felony of the second degree, punishable as
  496  provided in s. 775.082, s. 775.083, or s. 775.084. As used in
  497  this subsection, the terms “conditions arising from the riot”
  498  and term “conditions arising from the emergency” have the same
  499  meanings as provided in subsection (3) means civil unrest, power
  500  outages, curfews, voluntary or mandatory evacuations, or a
  501  reduction in the presence of or response time for first
  502  responders or homeland security personnel. A person, regardless
  503  of race or ethnicity and who is clearly identified, arrested for
  504  committing a burglary during a riot or an aggravated riot or
  505  within a county that is subject to such a state of emergency may
  506  not be released until the person appears before a committing
  507  magistrate at a first appearance hearing. For purposes of
  508  sentencing under chapter 921, a felony offense that is
  509  reclassified under this subsection is ranked one level above the
  510  ranking under s. 921.0022 or s. 921.0023 of the offense
  511  committed.
  512         Section 13. Paragraphs (b) and (c) of subsection (2) of
  513  section 812.014, Florida Statutes, are amended to read:
  514         812.014 Theft.—
  515         (2) 
  516         (b)1. If the property stolen is valued at $20,000 or more,
  517  but less than $100,000;
  518         2. The property stolen is cargo valued at less than $50,000
  519  that has entered the stream of interstate or intrastate commerce
  520  from the shipper’s loading platform to the consignee’s receiving
  521  dock;
  522         3. The property stolen is emergency medical equipment,
  523  valued at $300 or more, that is taken from a facility licensed
  524  under chapter 395 or from an aircraft or vehicle permitted under
  525  chapter 401; or
  526         4. The property stolen is law enforcement equipment, valued
  527  at $300 or more, that is taken from an authorized emergency
  528  vehicle, as defined in s. 316.003,
  529  
  530  the offender commits grand theft in the second degree,
  531  punishable as a felony of the second degree, as provided in s.
  532  775.082, s. 775.083, or s. 775.084. Emergency medical equipment
  533  means mechanical or electronic apparatus used to provide
  534  emergency services and care as defined in s. 395.002(9) or to
  535  treat medical emergencies. Law enforcement equipment means any
  536  property, device, or apparatus used by any law enforcement
  537  officer as defined in s. 943.10 in the officer’s official
  538  business. However, if the property is stolen during a riot or an
  539  aggravated riot prohibited under s. 870.01 and the perpetration
  540  of the theft is facilitated by conditions arising from the riot;
  541  or within a county that is subject to a state of emergency
  542  declared by the Governor under chapter 252, the theft is
  543  committed after the declaration of emergency is made, and the
  544  perpetration of the theft is facilitated by conditions arising
  545  from the emergency, the theft is a felony of the first degree,
  546  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  547  As used in this paragraph, the term “conditions arising from the
  548  riot” means civil unrest, power outages, curfews, or a reduction
  549  in the presence of or response time for first responders or
  550  homeland security personnel and the term “conditions arising
  551  from the emergency” means civil unrest, power outages, curfews,
  552  voluntary or mandatory evacuations, or a reduction in the
  553  presence of or response time for first responders or homeland
  554  security personnel. A person, regardless of race or ethnicity
  555  and who is clearly identified, arrested for committing a theft
  556  during a riot or an aggravated riot or within a county that is
  557  subject to a state of emergency may not be released until the
  558  person appears before a committing magistrate at a first
  559  appearance hearing. For purposes of sentencing under chapter
  560  921, a felony offense that is reclassified under this paragraph
  561  is ranked one level above the ranking under s. 921.0022 or s.
  562  921.0023 of the offense committed.
  563         (c) It is grand theft of the third degree and a felony of
  564  the third degree, punishable as provided in s. 775.082, s.
  565  775.083, or s. 775.084, if the property stolen is:
  566         1. Valued at $750 or more, but less than $5,000.
  567         2. Valued at $5,000 or more, but less than $10,000.
  568         3. Valued at $10,000 or more, but less than $20,000.
  569         4. A will, codicil, or other testamentary instrument.
  570         5. A firearm.
  571         6. A motor vehicle, except as provided in paragraph (a).
  572         7. Any commercially farmed animal, including any animal of
  573  the equine, avian, bovine, or swine class or other grazing
  574  animal; a bee colony of a registered beekeeper; and aquaculture
  575  species raised at a certified aquaculture facility. If the
  576  property stolen is a commercially farmed animal, including an
  577  animal of the equine, avian, bovine, or swine class or other
  578  grazing animal; a bee colony of a registered beekeeper; or an
  579  aquaculture species raised at a certified aquaculture facility,
  580  a $10,000 fine shall be imposed.
  581         8. Any fire extinguisher that, at the time of the taking,
  582  was installed in any building for the purpose of fire prevention
  583  and control. This subparagraph does not apply to a fire
  584  extinguisher taken from the inventory at a point-of-sale
  585  business.
  586         9. Any amount of citrus fruit consisting of 2,000 or more
  587  individual pieces of fruit.
  588         10. Taken from a designated construction site identified by
  589  the posting of a sign as provided for in s. 810.09(2)(d).
  590         11. Any stop sign.
  591         12. Anhydrous ammonia.
  592         13. Any amount of a controlled substance as defined in s.
  593  893.02. Notwithstanding any other law, separate judgments and
  594  sentences for theft of a controlled substance under this
  595  subparagraph and for any applicable possession of controlled
  596  substance offense under s. 893.13 or trafficking in controlled
  597  substance offense under s. 893.135 may be imposed when all such
  598  offenses involve the same amount or amounts of a controlled
  599  substance.
  600  
  601  However, if the property is stolen during a riot or an
  602  aggravated riot prohibited under s. 870.01 and the perpetration
  603  of the theft is facilitated by conditions arising from the riot;
  604  or within a county that is subject to a state of emergency
  605  declared by the Governor under chapter 252, the property is
  606  stolen after the declaration of emergency is made, and the
  607  perpetration of the theft is facilitated by conditions arising
  608  from the emergency, the offender commits a felony of the second
  609  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  610  775.084, if the property is valued at $5,000 or more, but less
  611  than $10,000, as provided under subparagraph 2., or if the
  612  property is valued at $10,000 or more, but less than $20,000, as
  613  provided under subparagraph 3. As used in this paragraph, the
  614  terms “conditions arising from a riot” and term “conditions
  615  arising from the emergency” have the same meanings as provided
  616  in paragraph (b). A person, regardless of race or ethnicity and
  617  who is clearly identified, arrested for committing a theft
  618  during a riot or an aggravated riot or within a county that is
  619  subject to a state of emergency may not be released until the
  620  person appears before a committing magistrate at a first
  621  appearance hearing means civil unrest, power outages, curfews,
  622  voluntary or mandatory evacuations, or a reduction in the
  623  presence of or the response time for first responders or
  624  homeland security personnel. For purposes of sentencing under
  625  chapter 921, a felony offense that is reclassified under this
  626  paragraph is ranked one level above the ranking under s.
  627  921.0022 or s. 921.0023 of the offense committed.
  628         Section 14. Section 836.115, Florida Statutes, is created
  629  to read:
  630         836.115Cyberintimidation by publication.—
  631         (1)As used in this section, the term:
  632         (a)“Electronically publish” means to disseminate, post, or
  633  otherwise disclose information to an Internet site or forum.
  634         (b)“Harass” has the same meaning as provided in s.
  635  817.568(1)(c).
  636         (c)“Personal identification information” has the same
  637  meaning as provided in s. 817.568(1)(f).
  638         (2)It is unlawful for a person, regardless of race or
  639  ethnicity and who is clearly identified, to electronically
  640  publish another person’s personal identification information
  641  with the intent to, or with the intent that a third party will
  642  use the information to:
  643         (a)Incite violence or commit a crime against the person;
  644  or
  645         (b)Threaten or harass the person, placing such person in
  646  reasonable fear of bodily harm.
  647  
  648  A person who violates this subsection commits a misdemeanor of a
  649  first degree, punishable as provided in s. 775.082 or s.
  650  775.083.
  651         Section 15. Section 870.01, Florida Statutes, is amended to
  652  read:
  653         870.01 Affrays and riots.—
  654         (1) A person commits an affray if he or she engages, by
  655  mutual consent, in fighting with another person in a public
  656  place to the terror of the people. A person who commits All
  657  persons guilty of an affray commits shall be guilty of a
  658  misdemeanor of the first degree, punishable as provided in s.
  659  775.082 or s. 775.083.
  660         (2) A person, regardless of race or ethnicity and who is
  661  clearly identified, commits a riot if he or she willfully
  662  participates in a violent public disturbance involving an
  663  assembly of three or more persons, acting with a common intent
  664  to assist each other in violent and disorderly conduct,
  665  resulting in:
  666         (a)Injury to another person;
  667         (b)Damage to property; or
  668         (c)Imminent danger of injury to another person or damage
  669  to property.
  670  
  671  A person who commits All persons guilty of a riot commits, or of
  672  inciting or encouraging a riot, shall be guilty of a felony of
  673  the third degree, punishable as provided in s. 775.082, s.
  674  775.083, or s. 775.084.
  675         (3)A person, regardless of race or ethnicity and who is
  676  clearly identified, commits aggravated rioting if, in the course
  677  of committing a riot, he or she:
  678         (a)Participates with 25 or more other persons;
  679         (b)Causes great bodily harm to a person not participating
  680  in the riot;
  681         (c)Causes property damage in excess of $5,000;
  682         (d)Displays, uses, threatens to use, or attempts to use a
  683  deadly weapon; or
  684         (e)By force, or threat of force, endangers the safe
  685  movement of a vehicle traveling on a public street, highway, or
  686  road.
  687  
  688  A person who commits aggravating rioting commits a felony of the
  689  second degree, punishable as provided in s. 775.082, s. 775.083,
  690  or s. 775.084.
  691         (4)A person, regardless of race or ethnicity and who is
  692  clearly identified, commits inciting a riot if he or she
  693  willfully incites another person to participate in a riot,
  694  resulting in a riot or imminent danger of a riot. A person who
  695  commits inciting a riot commits a felony of the third degree,
  696  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  697         (5)A person, regardless of race or ethnicity and who is
  698  clearly identified, commits aggravated inciting a riot if he or
  699  
  700  ================= T I T L E  A M E N D M E N T ================
  701  And the title is amended as follows:
  702         Delete lines 45 - 79
  703  and insert:
  704         imprisonment for a certain person convicted of battery
  705         on a law enforcement officer committed in furtherance
  706         of a riot or an aggravated riot; increasing the
  707         offense severity ranking of an assault or battery
  708         against specified persons for the purposes of the
  709         Criminal Punishment Code if committed in furtherance
  710         of a riot or an aggravated riot; amending s. 806.13,
  711         F.S.; prohibiting defacing, injuring, or damaging a
  712         memorial or historic property; providing a penalty;
  713         requiring a court to order restitution for such a
  714         violation; creating s. 806.135, F.S.; defining the
  715         terms “historic property” and “memorial”; prohibiting
  716         a person from destroying or demolishing a memorial or
  717         historic property; providing a penalty; requiring a
  718         court to order restitution for such a violation;
  719         amending s. 810.02, F.S.; reclassifying specified
  720         burglary offenses committed during a riot or an
  721         aggravated riot and facilitated by conditions arising
  722         from the riot; providing a definition; requiring a
  723         person arrested for such a violation to be held in
  724         custody until first appearance; amending s. 812.014,
  725         F.S.; reclassifying specified theft offenses committed
  726         during a riot or an aggravated riot and facilitated by
  727         conditions arising from the riot; providing a
  728         definition; requiring a certain person arrested for
  729         such a violation to be held in custody until first
  730         appearance; creating s. 836.115, F.S.; providing
  731         definitions; prohibiting cyberintimidation by
  732         publication; providing criminal penalties; amending s.
  733         870.01, F.S.; prohibiting a person from fighting in a
  734         public place; prohibiting a certain person from
  735         willfully participating in a specified violent public
  736         disturbance resulting in specified damage or injury;
  737         providing an increased penalty for rioting under
  738         specified circumstances; prohibiting a certain person
  739         from