Florida Senate - 2025                                     SB 406
       
       
        
       By Senator Sharief
       
       
       
       
       
       35-00666A-25                                           2025406__
    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 a person’s false
    4         reporting of the commission of a crime in whole or in
    5         part because of certain beliefs or perceptions about
    6         another person; providing criminal penalties;
    7         providing a mandatory minimum term of imprisonment;
    8         authorizing a court to order a program or training
    9         directed at hate crime prevention and education;
   10         requiring a court to order any person convicted of a
   11         certain violation to pay restitution to victims for
   12         any costs incurred; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 817.49, Florida Statutes, is amended to
   17  read:
   18         817.49 False reports of commission of crimes; hate crimes;
   19  required restitution; penalty.—
   20         (1) Except as provided in subsection (2), whoever willfully
   21  imparts, conveys, or causes to be imparted or conveyed to a law
   22  enforcement officer or employee of a public safety agency false
   23  information or reports concerning the alleged commission of any
   24  crime under the laws of this state, knowing such information or
   25  report to be false, when no such crime has actually been
   26  committed, commits a misdemeanor of the first degree, punishable
   27  as provided in s. 775.082 or s. 775.083.
   28         (2)(a) As used in this section, the term “public safety
   29  agency” means a law enforcement agency, professional or
   30  volunteer fire department, emergency medical service, ambulance
   31  service, or other public entity that dispatches or provides
   32  first responder services to respond to crimes, to assist victims
   33  of crimes, or to apprehend offenders.
   34         (b) If the willful making of a false report of a crime as
   35  set forth in this section results in a response by a federal,
   36  state, district, municipal, or other public safety agency and
   37  the response results in:
   38         1. Great bodily harm, permanent disfigurement, or permanent
   39  disability to any person as a proximate result of lawful conduct
   40  arising out of a response, the person making such report commits
   41  a felony of the third degree, punishable as provided in s.
   42  775.082, s. 775.083, or s. 775.084.
   43         2. Death to any person as a proximate result of lawful
   44  conduct arising out of a response, the person making such report
   45  commits a felony of the second degree, punishable as provided in
   46  s. 775.082, s. 775.083, or s. 775.084.
   47         (3) A person who violates subsection (1) also commits a
   48  hate crime if he or she intentionally selects a person in whole
   49  or in part because of a belief or perception regarding the race,
   50  color, religion, religious practice, gender, gender identity or
   51  expression, national origin, ancestry, ethnicity, age,
   52  disability, sex, or sexual orientation of that person,
   53  regardless of whether the belief or perception is correct. A
   54  person who violates this subsection commits a misdemeanor of the
   55  first degree, punishable as provided in s. 775.082 or s.
   56  775.083, with a mandatory minimum term of imprisonment of 10
   57  months. The court may order as part of the sentence that the
   58  person who violates this subsection successfully complete a 40
   59  hour program or training directed at hate crime prevention and
   60  education.
   61         (4) A court shall order any person convicted of violating
   62  this section to pay restitution, which must shall include, but
   63  is not limited to, full payment for any cost incurred by a
   64  victim or a responding public safety agency.
   65         Section 2. This act shall take effect October 1, 2025.