Florida Senate - 2021                                     SB 448
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00050-21                                            2021448__
    1                        A bill to be entitled                      
    2         An act relating to hate crimes; amending s. 817.49,
    3         F.S.; designating as a hate crime the false reporting
    4         of the commission of a crime by a person in whole or
    5         in part because of certain beliefs or perceptions;
    6         providing criminal penalties; authorizing a court to
    7         impose a program or training directed at hate crime
    8         prevention and education; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 817.49, Florida Statutes, is amended to
   13  read:
   14         817.49 False reports of commission of crimes; hate crimes;
   15  penalty.—
   16         (1) Whoever willfully imparts, conveys, or causes to be
   17  imparted or conveyed to any law enforcement officer false
   18  information or reports concerning the alleged commission of any
   19  crime under the laws of this state, knowing such information or
   20  report to be false, in that no such crime had actually been
   21  committed, commits shall upon conviction thereof be guilty of a
   22  misdemeanor of the first degree, punishable as provided in s.
   23  775.082 or s. 775.083.
   24         (2) A person who violates subsection (1) commits a hate
   25  crime by intentionally selecting a person in whole or in part
   26  because of a belief or perception regarding the race, color,
   27  religion, religious practice, gender, gender identity or
   28  expression, national origin, ancestry, ethnicity, age,
   29  disability, sex, or sexual orientation of that person,
   30  regardless of whether the belief or perception is correct. A
   31  person who violates this subsection commits a misdemeanor of the
   32  first degree, punishable as provided in s. 775.082 or s.
   33  775.083, with a minimum mandatory term of imprisonment of 10
   34  months. The court may impose as part of the sentence that the
   35  person who violates this subsection successfully complete a 40
   36  hour program or training directed at hate crime prevention and
   37  education.
   38         Section 2. This act shall take effect October 1, 2021.