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