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.