Florida Senate - 2023 SB 994
By Senator Calatayud
38-00915A-23 2023994__
1 A bill to be entitled
2 An act relating to public nuisances; amending s.
3 403.413, F.S.; prohibiting the distribution of certain
4 materials which leads to littering; providing for
5 reclassification of certain offenses; providing
6 criminal penalties; requiring that certain violations
7 be reported as hate crimes; amending s. 784.048, F.S.;
8 prohibiting the stalking of certain individuals based
9 on their wearing of certain garments; providing
10 criminal penalties; requiring that violations be
11 reported as hate crimes; amending s. 806.13, F.S.;
12 prohibiting willful and malicious defacement of or
13 injury or damage to certain religious property;
14 removing a minimum damage requirement for a violation;
15 providing construction; prohibiting the projection of
16 certain images onto buildings or other property
17 without the written consent of the owner; providing
18 criminal penalties; requiring that certain violations
19 be reported as hate crimes; amending s. 871.01, F.S.;
20 prohibiting the willful interference with assemblies
21 of people meeting for the purpose of acknowledging the
22 death of an individual; providing enhanced criminal
23 penalties for persons who commit violations while
24 evidencing religious or ethnic intimidation, threat,
25 or intent to harm; requiring that certain violations
26 be reported as hate crimes; providing an effective
27 date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Paragraph (a) of subsection (6) of section
32 403.413, Florida Statutes, is amended to read:
33 403.413 Florida Litter Law.—
34 (6) PENALTIES; ENFORCEMENT.—
35 (a)1. Except as provided in subparagraph 2., any person who
36 dumps litter in violation of subsection (4) in an amount not
37 exceeding 15 pounds in weight or 27 cubic feet in volume and not
38 for commercial purposes commits a noncriminal infraction,
39 punishable by a civil penalty of $150, from which $50 shall be
40 deposited into the Solid Waste Management Trust Fund to be used
41 for the solid waste management grant program pursuant to s.
42 403.7095.
43 2.a. Except as provided in sub-subparagraph b., a person
44 who distributes pamphlets, flyers, or other materials, whether
45 for commercial or noncommercial purposes, in a public place,
46 including outside a private residence, and such materials
47 discarded by recipients, leads to littering, commits a
48 misdemeanor of the first degree, punishable as provided in s.
49 775.082 or s. 775.083.
50 b. If a violation of sub-subparagraph a. involves material
51 that evidences religious or ethnic intimidation, threat, or
52 intent to harm, including content described in s. 806.13(2)(b),
53 the offense is reclassified as a felony of the third degree,
54 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
55 A violation of this sub-subparagraph shall be considered a hate
56 crime for purposes of the reporting requirements of s. 877.19.
57
58 In addition, the court may require a person who violates this
59 subsection the violator to pick up litter or perform other labor
60 commensurate with the offense committed.
61 Section 2. Present subsection (9) of section 784.048,
62 Florida Statutes, is redesignated as subsection (10), and a new
63 subsection (9) is added to that section, to read:
64 784.048 Stalking; definitions; penalties.—
65 (9) A person who willfully follows, harasses, or interferes
66 with another person’s quiet enjoyment based on the person’s
67 wearing of religious-based garments or garments commonly
68 associated with a particular religious or ethnic group or any
69 other indicia of any religious or ethnic heritage commits the
70 offense of aggravated stalking, a felony of the third degree,
71 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
72 A violation of this subsection shall be considered a hate crime
73 for purposes of the reporting requirements of s. 877.19.
74 Section 3. Present subsections (6) through (10) of section
75 806.13, Florida Statutes, are redesignated as subsections (7)
76 through (11), respectively, a new subsection (6) is added to
77 that section, and subsection (2) and present subsection (9) of
78 that section are amended, to read:
79 806.13 Criminal mischief; penalties; penalty for minor.—
80 (2)(a) Any person who willfully and maliciously defaces,
81 injures, or damages by any means:
82 1. Any church, synagogue, mosque, or other place of
83 worship, or any religious article contained therein;,
84 2. Any religious cemetery, gravesite, or grave marker,
85 including, but not limited to, any Holocaust memorial or any
86 plaque, statue, or museum with any indication of religious or
87 ethnic heritage;
88 3. Any school or community center with any indicia of any
89 religious or ethnic heritage; or
90 4. Any public or private property in a manner that
91 evidences religious or ethnic intimidation, threat, or intent to
92 harm,
93
94 commits a felony of the third degree, punishable as provided in
95 s. 775.082, s. 775.083, or s. 775.084, if the damage to the
96 property is greater than $200.
97 (b) A violation of this subsection includes any physical
98 manifestations of anti-Semitism directed toward a Jewish or non
99 Jewish individual or his or her property or toward Jewish
100 community institutions or religious facilities, Jewish
101 cemeteries, or Jewish gravesites. Such expression includes the
102 use of a Nazi symbol, such as a swastika.
103 (c) A violation of this subsection shall be considered a
104 hate crime for purposes of the reporting requirements of s.
105 877.19.
106 (6) A person who projects an image outdoors onto a publicly
107 or privately owned building or other property without the
108 written consent of the owner of the building or other property
109 commits:
110 (a) Except as provided in paragraph (b), a misdemeanor of
111 the first degree, punishable as provided in s. 775.082 or s.
112 775.083.
113 (b) If the image projected evidences religious or ethnic
114 intimidation, threat, or intent to harm, including content
115 described in paragraph (2)(b), a felony of the third degree,
116 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
117 A violation of this paragraph shall be considered a hate crime
118 for purposes of the reporting requirements of s. 877.19.
119 (10)(9) A minor whose driver license or driving privilege
120 is revoked, suspended, or withheld under subsection (9) (8) may
121 elect to reduce the period of revocation, suspension, or
122 withholding by performing community service at the rate of 1 day
123 for each hour of community service performed. In addition, if
124 the court determines that due to a family hardship, the minor’s
125 driver license or driving privilege is necessary for employment
126 or medical purposes of the minor or a member of the minor’s
127 family, the court shall order the minor to perform community
128 service and reduce the period of revocation, suspension, or
129 withholding at the rate of 1 day for each hour of community
130 service performed. As used in this subsection, the term
131 “community service” means cleaning graffiti from public
132 property.
133 Section 4. Subsection (1) of section 871.01, Florida
134 Statutes, is amended to read:
135 871.01 Disturbing schools and religious and other
136 assemblies.—
137 (1) Whoever willfully interrupts or disturbs any school or
138 any assembly of people meeting to met for the worship, meeting
139 for the purpose of acknowledging the death of an individual, of
140 God or meeting for any other lawful purpose commits:
141 (a) Except as provided in paragraph (b), a misdemeanor of
142 the second degree, punishable as provided in s. 775.082 or s.
143 775.083.
144 (b) If a person who violates this subsection evidences
145 religious or ethnic intimidation, threat, or intent to harm,
146 including content described in s. 806.13(2)(b), during the
147 commission of the offense, the offense is reclassified as a
148 felony of the third degree, punishable as provided in s.
149 775.082, s. 775.083, or s. 775.084. A violation of this
150 paragraph shall be considered a hate crime for purposes of the
151 reporting requirements of s. 877.19.
152 Section 5. This act shall take effect October 1, 2023.