Florida Senate - 2019                                    SB 1272
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-01559A-19                                          20191272__
    1                        A bill to be entitled                      
    2         An act relating to anti-Semitism; amending s. 775.085,
    3         F.S.; specifying that the term “religion” includes
    4         anti-Semitism; defining the term “anti-Semitism”;
    5         specifying duties of law enforcement agencies;
    6         providing construction; amending s. 1000.05, F.S.;
    7         prohibiting discrimination in the Florida K-20 public
    8         education system based on religion; requiring a public
    9         K-20 educational institution to take into
   10         consideration anti-Semitism under certain instances of
   11         discrimination; defining the term “anti-Semitism”;
   12         providing construction; amending s. 1002.20, F.S.;
   13         conforming provisions to changes made by the act;
   14         providing effective dates.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Effective October 1, 2019, section 775.085,
   19  Florida Statutes, is amended to read:
   20         775.085 Evidencing prejudice while committing offense;
   21  reclassification.—
   22         (1)(a) The penalty for any felony or misdemeanor shall be
   23  reclassified as provided in this subsection if the commission of
   24  such felony or misdemeanor evidences prejudice based on the
   25  race, color, ancestry, ethnicity, religion, sexual orientation,
   26  national origin, homeless status, or advanced age of the victim:
   27         1. A misdemeanor of the second degree is reclassified to a
   28  misdemeanor of the first degree.
   29         2. A misdemeanor of the first degree is reclassified to a
   30  felony of the third degree.
   31         3. A felony of the third degree is reclassified to a felony
   32  of the second degree.
   33         4. A felony of the second degree is reclassified to a
   34  felony of the first degree.
   35         5. A felony of the first degree is reclassified to a life
   36  felony.
   37         (b) As used in paragraph (a), the term:
   38         1. “Advanced age” means that the victim is older than 65
   39  years of age.
   40         2. “Homeless status” means that the victim:
   41         a. Lacks a fixed, regular, and adequate nighttime
   42  residence; or
   43         b. Has a primary nighttime residence that is:
   44         (I) A supervised publicly or privately operated shelter
   45  designed to provide temporary living accommodations; or
   46         (II) A public or private place not designed for, or
   47  ordinarily used as, a regular sleeping accommodation for human
   48  beings.
   49         3.“Religion” includes, but is not limited to, anti
   50  Semitism. The term “anti-Semitism” means a perception of Jewish
   51  people, which may be expressed as hatred toward Jewish people.
   52  Rhetorical or physical manifestations of anti-Semitism may be
   53  directed toward Jewish or non-Jewish individuals or their
   54  property, or toward Jewish community institutions and religious
   55  facilities. For purposes of this section, the term “anti
   56  Semitism” includes all of the following:
   57         a. Calling for, aiding, or justifying the killing or
   58  harming of Jewish people, often in the name of a radical
   59  ideology or an extremist view of religion.
   60         b.Making mendacious, dehumanizing, demonizing, or
   61  stereotypical allegations about Jewish people as such or the
   62  power of Jewish people as a collective, including allegations
   63  such as the myth about a world Jewish conspiracy or of Jewish
   64  people controlling the media, economy, government, or other
   65  societal institutions.
   66         c.Accusing the Jewish people as a people of being
   67  responsible for real or imagined wrongdoing committed by a
   68  single Jewish person or group, the State of Israel, or even for
   69  acts committed by non-Jewish people.
   70         d.Accusing the Jewish people as a people or the State of
   71  Israel of inventing or exaggerating the Holocaust.
   72         e.Accusing Jewish citizens of countries other than Israel
   73  of being more loyal to Israel, or the alleged priorities of
   74  Jewish people worldwide, than to the interest of their own
   75  nations.
   76         f.Demonizing Israel by using the symbols and images
   77  associated with classic anti-Semitism to characterize Israel,
   78  Israelis, drawing comparisons of contemporary Israeli policy to
   79  that of the Nazis, or blaming Israel for all inter-religious or
   80  political tensions.
   81         g.Applying a double standard to Israel by requiring
   82  behavior of Israel that is not expected or demanded of any other
   83  democratic nation, or focusing peace or human rights
   84  investigations only on Israel.
   85         h.Delegitimizing Israel by denying the Jewish people their
   86  right to self-determination and denying Israel the right to
   87  exist.
   88  
   89  However, criticism of Israel which is similar to criticism
   90  toward any other country may not be regarded as anti-Semitic.
   91         (2) A person or organization that establishes by clear and
   92  convincing evidence that it has been coerced, intimidated, or
   93  threatened in violation of this section has a civil cause of
   94  action for treble damages, an injunction, or any other
   95  appropriate relief in law or in equity. Upon prevailing in such
   96  civil action, the plaintiff may recover reasonable attorney fees
   97  and costs.
   98         (3) It is an essential element of this section that the
   99  record reflect that the defendant perceived, knew, or had
  100  reasonable grounds to know or perceive that the victim was
  101  within the class delineated in this section.
  102         (4)(a)In investigating an alleged violation of law, a law
  103  enforcement agency shall take into consideration the
  104  requirements of this section and the definition of anti-Semitism
  105  for purposes of determining whether the alleged violation was
  106  motivated by anti-Semitism or other intent sufficient to fall
  107  within this section, consistent with federal statutes
  108  prohibiting hate crimes.
  109         (b)This section does not diminish or infringe upon any
  110  right protected under the First Amendment to the Constitution of
  111  the United States or the State Constitution. This section may
  112  not be construed to conflict with federal or state
  113  discrimination laws.
  114         Section 2. Present subsection (7) of section 1000.05,
  115  Florida Statutes, is redesignated as subsection (8), a new
  116  subsection (7) is added to that section, and paragraphs (a),
  117  (b), (c), and (e) of subsection (2) of that section are amended,
  118  to read:
  119         1000.05 Discrimination against students and employees in
  120  the Florida K-20 public education system prohibited; equality of
  121  access required.—
  122         (2)(a) Discrimination on the basis of race, ethnicity,
  123  national origin, gender, disability, religion, or marital status
  124  against a student or an employee in the state system of public
  125  K-20 education is prohibited. No person in this state shall, on
  126  the basis of race, ethnicity, national origin, gender,
  127  disability, religion, or marital status, be excluded from
  128  participation in, be denied the benefits of, or be subjected to
  129  discrimination under any public K-20 education program or
  130  activity, or in any employment conditions or practices,
  131  conducted by a public educational institution that receives or
  132  benefits from federal or state financial assistance.
  133         (b) The criteria for admission to a program or course shall
  134  not have the effect of restricting access by persons of a
  135  particular race, ethnicity, national origin, gender, disability,
  136  religion, or marital status.
  137         (c) All public K-20 education classes shall be available to
  138  all students without regard to race, ethnicity, national origin,
  139  gender, disability, religion, or marital status; however, this
  140  is not intended to eliminate the provision of programs designed
  141  to meet the needs of students with limited proficiency in
  142  English, gifted students, or students with disabilities or
  143  programs tailored to students with specialized talents or
  144  skills.
  145         (e) Guidance services, counseling services, and financial
  146  assistance services in the state public K-20 education system
  147  shall be available to students equally. Guidance and counseling
  148  services, materials, and promotional events shall stress access
  149  to academic and career opportunities for students without regard
  150  to race, ethnicity, national origin, gender, disability,
  151  religion, or marital status.
  152         (7) A public K-20 educational institution must treat
  153  discrimination by students or employees or resulting from
  154  institutional policies based on anti-Semitism in an identical
  155  manner to discrimination based on race. For purposes of this
  156  section, the term “anti-Semitism” includes all of the following:
  157         (a) A certain perception of the Jewish people, which may be
  158  expressed as hatred toward Jewish people.
  159         (b) Rhetorical and physical manifestations of anti-Semitism
  160  directed toward a Jewish or non-Jewish individual or his or her
  161  property or toward Jewish community institutions or religious
  162  facilities.
  163         (c) Calling for, aiding, or justifying the killing or
  164  harming of a Jewish person, often in the name of a radical
  165  ideology or an extremist view of religion.
  166         (d) Making mendacious, dehumanizing, demonizing, or
  167  stereotypical allegations about a Jewish person as such or the
  168  power of the Jewish community as a collective, especially, but
  169  not exclusively, the myth about a world Jewish conspiracy or of
  170  the Jewish community controlling the media, economy, government
  171  or other societal institutions.
  172         (e) Accusing the Jewish people as a people of being
  173  responsible for real or imagined wrongdoing committed by a
  174  single Jewish person or group, by the State of Israel, or even
  175  for acts committed by non-Jewish people.
  176         (f) Accusing the Jewish people as a people or the State of
  177  Israel of inventing or exaggerating the Holocaust.
  178         (g) Accusing Jewish citizens of being more loyal to Israel,
  179  or the alleged priorities of Jewish people worldwide, than to
  180  the interest of their own nations.
  181         (h) Demonizing Israel by using the symbols and images
  182  associated with classic anti-Semitism to characterize Israel,
  183  Israelis, drawing comparisons of contemporary Israeli policy to
  184  that of the Nazis, or blaming Israel for all inter-religious or
  185  political tensions.
  186         (i) Applying a double standard to Israel by requiring
  187  behavior of Israel that is not expected or demanded of any other
  188  democratic nation, or focusing peace or human rights
  189  investigations only on Israel.
  190         (j) Delegitimizing Israel by denying the Jewish people
  191  their right to self-determination and denying Israel the right
  192  to exist.
  193  
  194  However, criticism of Israel that is similar to criticism toward
  195  any other country may not be regarded as anti-Semitic.
  196         Section 3. Subsection (7) of section 1002.20, Florida
  197  Statutes, is amended to read:
  198         1002.20 K-12 student and parent rights.—Parents of public
  199  school students must receive accurate and timely information
  200  regarding their child’s academic progress and must be informed
  201  of ways they can help their child to succeed in school. K-12
  202  students and their parents are afforded numerous statutory
  203  rights including, but not limited to, the following:
  204         (7) NONDISCRIMINATION.—All education programs, activities,
  205  and opportunities offered by public educational institutions
  206  must be made available without discrimination on the basis of
  207  race, ethnicity, national origin, gender, disability, religion,
  208  or marital status, in accordance with the provisions of s.
  209  1000.05.
  210         Section 4. Except as expressly provided in this act, this
  211  act shall take effect July 1, 2019.