Florida Senate - 2009                                    SB 2680
       
       
       
       By Senator Smith
       
       
       
       
       29-01711-09                                           20092680__
    1                        A bill to be entitled                      
    2         An act relating to homeless persons; amending s.
    3         775.085, F.S.; reclassifying offenses evidencing
    4         prejudice based on the homeless status of the victim;
    5         creating s. 784.0815, F.S.; providing a definition;
    6         providing a minimum sentence and other penalties for a
    7         person convicted of an aggravated assault or
    8         aggravated battery upon a homeless person; requiring
    9         the inclusion of housing status in certain crime
   10         reports; requiring reporting of such data; creating s.
   11         943.17165, F.S.; requiring the Department of Law
   12         Enforcement to develop a telecourse concerning hate
   13         crimes against homeless persons; requiring the
   14         department to consult subject matter experts for the
   15         development of the telecourse; requiring the
   16         department to develop a protocol that law enforcement
   17         personnel are required to follow concerning such
   18         offenses; requiring that crime prevention activities
   19         incorporate the protection of the homeless population;
   20         amending s. 1003.42, F.S.; requiring public school
   21         instruction in homelessness; requiring the Office of
   22         Program Policy Analysis and Government Accountability
   23         to conduct a study into the nature and scope of hate
   24         crimes or violent crimes that occur against homeless
   25         persons; requiring a report and recommendations by a
   26         specified date; providing effective dates.
   27  
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (1) of section 775.085, Florida
   31  Statutes, is amended to read:
   32         775.085 Evidencing prejudice while committing offense;
   33  reclassification.—
   34         (1)(a) The penalty for any felony or misdemeanor shall be
   35  reclassified as provided in this subsection if the commission of
   36  such felony or misdemeanor evidences prejudice based on the
   37  race, color, ancestry, ethnicity, religion, sexual orientation,
   38  national origin, homeless status, mental or physical disability,
   39  or advanced age of the victim:
   40         1. A misdemeanor of the second degree is reclassified to a
   41  misdemeanor of the first degree.
   42         2. A misdemeanor of the first degree is reclassified to a
   43  felony of the third degree.
   44         3. A felony of the third degree is reclassified to a felony
   45  of the second degree.
   46         4. A felony of the second degree is reclassified to a
   47  felony of the first degree.
   48         5. A felony of the first degree is reclassified to a life
   49  felony.
   50         (b) As used in paragraph (a), the term:
   51         1. “Mental or physical disability” means that the victim
   52  suffers from a condition of physical or mental incapacitation
   53  due to a developmental disability, organic brain damage, or
   54  mental illness, and has one or more physical or mental
   55  limitations that restrict the victim’s ability to perform the
   56  normal activities of daily living.
   57         2. “Advanced age” means that the victim is older than 65
   58  years of age.
   59         3. “Homeless status” means that the victim is homeless as
   60  the term is defined in s. 420.621.
   61         Section 2. Section 784.0815, Florida Statutes, is created
   62  to read:
   63         784.0815 Assault or battery on homeless persons.—
   64         (1) For purposes of this section, the term “homeless” shall
   65  have the same meaning as provided in s. 420.621.
   66         (2) A person who is convicted of an aggravated assault or
   67  aggravated battery upon a homeless person shall be sentenced to
   68  a minimum term of imprisonment of 3 years and fined not more
   69  than $10,000 and shall also be ordered by the sentencing judge
   70  to make restitution to the victim of the offense and to perform
   71  up to 500 hours of community service work. Restitution and
   72  community service work shall be in addition to any fine or
   73  sentence that may be imposed and shall not be in lieu thereof.
   74  Notwithstanding the provisions of s. 948.01, adjudication of
   75  guilt or imposition of sentence shall not be suspended,
   76  deferred, or withheld.
   77         Section 3. Housing status data collection.—Housing status
   78  shall be included with crime reports that are to be included in
   79  the uniform crime reporting data maintained by the Department of
   80  Law Enforcement. The requirements for reporting this data shall
   81  be developed by the department with the assistance of the
   82  National Coalition for the Homeless, the National Law Center on
   83  Homelessness & Poverty, and criminal justice professionals.
   84  Throughout the state, law enforcement officers shall collect
   85  housing status information from victims and suspects whenever
   86  the collection of such information is appropriate. The
   87  Department of Law Enforcement shall provide a summary report of
   88  this data to the National Coalition for the Homeless and to
   89  appropriate state agencies.
   90         Section 4. Section 943.17165, Florida Statutes, is created
   91  to read:
   92         943.17165 Hate crimes against homeless persons; course;
   93  protocols; activities.—
   94         (1)(a) The department shall develop a telecourse on the
   95  plight of homeless persons that shall be made available to all
   96  law enforcement agencies in the state. Every state, local, and
   97  correctional law enforcement agency shall certify that each of
   98  its officers has taken the course. The telecourse shall address
   99  crimes against homeless persons and methods of dealing
  100  effectively and humanely with homeless persons. The course shall
  101  include instruction on each of the following topics:
  102         1. Information about homelessness, including causes of
  103  homelessness, its impact, and solutions to homelessness.
  104         2. Indicators of hate crimes.
  105         3. The impact of these crimes on the victim, the victim’s
  106  family, and the community.
  107         4. The assistance and compensation available to victims.
  108         5. The laws dealing with hate crimes and the legal rights
  109  of, and the remedies available to, victims of hate crimes.
  110         6. Law enforcement procedures, reporting, and documentation
  111  of hate crimes.
  112         7. Techniques and methods to handle incidents of hate
  113  crimes.
  114         8. The special problems inherent in hate crimes against
  115  homeless persons and techniques on how to deal with these
  116  special problems.
  117         (b) In developing the telecourse, the department shall
  118  consult subject matter experts, including, but not limited to,
  119  the following:
  120         1. Homeless and formerly homeless individuals.
  121         2. The National Coalition for the Homeless and the National
  122  Law Center on Homelessness & Poverty.
  123         3. Other local service providers and advocates for homeless
  124  people.
  125         4. Experts on the disabilities homeless persons commonly
  126  experience.
  127         5. Law enforcement agencies with experience investigating
  128  hate crimes against homeless people.
  129         (c) The department shall develop a protocol relating to
  130  hate crimes against homeless persons that law enforcement
  131  personnel are required to follow, including, but not limited to,
  132  the following:
  133         1. Preventing likely hate crimes by, among other things,
  134  establishing contact with persons and communities that are
  135  likely targets and forming community hate crime prevention and
  136  response networks and cooperating with such networks.
  137         2. Responding to reports of hate crimes, including reports
  138  of hate crimes committed under color of legal authority.
  139         3. Providing victim assistance and follow up, including
  140  community follow up.
  141         4. Reporting methods and procedures to track hate crimes
  142  against homeless persons.
  143         (2) Crime prevention activities shall incorporate the
  144  protection of the homeless population.
  145         Section 5. Paragraph (u) is added to subsection (2) of
  146  section 1003.42, Florida Statutes, to read:
  147         1003.42 Required instruction.—
  148         (2) Members of the instructional staff of the public
  149  schools, subject to the rules of the State Board of Education
  150  and the district school board, shall teach efficiently and
  151  faithfully, using the books and materials required that meet the
  152  highest standards for professionalism and historic accuracy,
  153  following the prescribed courses of study, and employing
  154  approved methods of instruction, the following:
  155         (u) The subject of homelessness, which shall be covered in
  156  ways such as expanding the Miami-Dade County Public Schools’ “It
  157  could happen to you” curriculum on homelessness statewide and
  158  using the Faces of Homelessness Speakers’ Bureau program of the
  159  National Coalition for the Homeless.
  160  
  161  The State Board of Education is encouraged to adopt standards
  162  and pursue assessment of the requirements of this subsection.
  163         Section 6. Effective July 1, 2009, the Office of Program
  164  Policy Analysis and Government Accountability shall conduct a
  165  study into the nature and scope of hate crimes or violent crimes
  166  that are committed against people experiencing homelessness.
  167         (1) The study shall include the following information
  168  concerning such crimes:
  169         (a) The causes of such hate crimes and violence.
  170         (b) The circumstances that contribute to or were
  171  responsible for the perpetrators’ behavior.
  172         (c) Beliefs held by the perpetrators of these crimes and
  173  any changes in those beliefs after conviction.
  174         (2) The study’s findings and any specific recommendations
  175  for legislation or government policy that might reduce the
  176  number of hate crimes and violent crimes committed against
  177  homeless persons shall be submitted to the Governor, the
  178  President of the Senate, and the Speaker of the House of
  179  Representatives by December 31, 2009.
  180         Section 7. Except as otherwise expressly provided in this
  181  act and except for this section, which shall take effect July 1,
  182  2009, this act shall take effect October 1, 2009.