HB 909

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


CODING: Words stricken are deletions; words underlined are additions.