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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to criminal justice; amending s. 2
166.241, F.S.; deleting provisions relating to 3
allowing specified elected officials to file an appeal 4
to the Administration Commission if the governing body 5
of a municipality makes a specified reduction to t he 6
operating budget of the municipal law enforcement 7
agency; deleting petition contents requirements; 8
deleting a provision requiring the Executive Office of 9
the Governor to conduct a budget hearing considering 10
the matter and make findings and recommendatio ns to 11
the Administration Commission; deleting a provision 12
requiring the commission to approve, amend, or modify 13
the municipality's budget; amending s. 768.28, F.S.; 14
deleting provisions providing that a municipality has 15
a duty to allow the municipal law enf orcement agency 16
to respond to a riot or an unlawful assembly in a 17
specified manner based on specified circumstances; 18
deleting provisions providing that a municipality is 19
civilly liable for specified damages proximately 20
caused by the municipality's specifie d breach of such 21
duty; amending s. 784.011, F.S.; deleting a criminal 22
penalty for an assault committed in furtherance of a 23
riot or an aggravated riot; amending s. 784.021, F.S.; 24
deleting a provision increasing the offense severity 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ranking of an aggravated assault for the purposes of 26
the Criminal Punishment Code if committed in 27
furtherance of a riot or an aggravated riot; amending 28
s. 784.03, F.S.; deleting a criminal penalty for a 29
battery committed in furtherance of a riot or an 30
aggravated riot; conforming a provision to changes 31
made by the act; amending s. 784.045, F.S.; deleting a 32
provision increasing the offense severity ranking of 33
an aggravated battery for the purposes of the Criminal 34
Punishment Code if committed in furtherance of a riot 35
or an aggravated riot; repealing s. 784.0495, F.S., 36
relating to mob intimidation; amending s. 784.07, 37
F.S.; deleting a provision requiring a minimum term of 38
imprisonment for a person convicted of battery on a 39
law enforcement officer committed in furtherance of a 40
riot or an aggravated riot; deleting a provision 41
increasing the offense severity ranking of an assault 42
or battery against specified persons for the purposes 43
of the Criminal Punishment Code if committed in 44
furtherance of a riot or an aggravated riot; amending 45
s. 806.13, F.S.; deleting a criminal penalty 46
prohibiting the defacing, injuring, or damaging of a 47
memorial or historic property; deleting a provision 48
requiring a court to order restitution for such a 49
violation; repealing s. 806.135, F.S., relating to 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
destroying or demolishing a memorial or historic 51
property; amending s. 810.02, F.S.; deleting 52
provisions reclassifying specified burglary offenses 53
committed during a riot or an aggravated riot and 54
facilitated by conditions arising from the riot; 55
deleting the definitio n of the term "conditions 56
arising from the riot"; deleting a provision requiring 57
a person arrested for such a violation to be held in 58
custody until first appearance; amending s. 812.014, 59
F.S.; deleting provisions reclassifying specified 60
theft offenses committed during a riot or an 61
aggravated riot and facilitated by conditions arising 62
from the riot; deleting the definition of the term 63
"conditions arising from the riot"; deleting 64
provisions requiring a person arrested for such a 65
violation to be held in custod y until first 66
appearance; repealing s. 836.115, F.S., relating to 67
cyberintimidation by publication; amending s. 870.01, 68
F.S.; revising provisions relating to affrays and 69
riots; deleting criminal penalties relating to 70
aggravated rioting; deleting a provisio n relating to 71
inciting a riot; deleting criminal penalties relating 72
to aggravated inciting a riot; deleting a provision 73
requiring certain persons arrested for specified 74
violations to be held in custody until first 75
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appearance; amending s. 870.02, F.S.; dele ting a 76
provision requiring that persons arrested for unlawful 77
assembly be held in custody until first appearance; 78
reviving, reenacting, and amending s. 870.03, F.S., 79
relating to riots and routs; making a technical 80
change; repealing s. 870.07, F.S., relatin g to an 81
affirmative defense in a civil action and parties 82
convicted of rioting; amending s. 872.02, F.S.; 83
deleting a provision increasing the offense severity 84
ranking of specified offenses involving graves and 85
tombs for the purposes of the Criminal Punishm ent Code 86
if committed in furtherance of a riot or an aggravated 87
riot; amending s. 921.0022, F.S.; conforming 88
provisions to changes made by the act; providing an 89
effective date. 90
91
Be It Enacted by the Legislature of the State of Florida: 92
93
Section 1. Subsections (4), (5), and (8) of section 94
166.241, Florida Statutes, are amended to read: 95
166.241 Fiscal years, budgets, appeal of municipal law 96
enforcement agency budget, and budget amendments. — 97
(4)(a) If the tentative budget of a municipality contains 98
a funding reduction to the operating budget of the municipal law 99
enforcement agency, the state attorney for the judicial circuit 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
in which the municipality is located, or a member of the 101
governing body who objects to the funding reduction, may file an 102
appeal by petition to the Administration Commission within 30 103
days after the day the tentative budget is posted to the 104
official website of the municipality under subsection (3). The 105
petition must set forth the tentative budget proposed by the 106
municipality, in the form and manner prescribed by the Executive 107
Office of the Governor and approved by the Administration 108
Commission, the operating budget of the municipal law 109
enforcement agency as approved by the municipality for the 110
previous year, and state the reasons or grounds for the appeal. 111
The petition shall be filed with the Executive Office of the 112
Governor and a copy served upon the governing body of the 113
municipality or to the clerk of the circuit court of the county 114
in which the municipality is located. 115
(b) The governing body of the municipality has 5 working 116
days after service of a copy of the petition to file a reply 117
with the Executive Office of the Governor and shall serve a copy 118
of such reply to the petitioner. 119
(5) Upon receipt of the petition, the Execut ive Office of 120
the Governor shall provide for a budget hearing at which the 121
matters presented in the petition and the reply shall be 122
considered. A report of the findings and recommendations of the 123
Executive Office of the Governor thereon shall be promptly 124
submitted to the Administration Commission, which, within 30 125
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days, shall approve the action of the governing body of the 126
municipality or amend or modify the budget as to each separate 127
item within the operating budget of the municipal law 128
enforcement agency. The budget as approved, amended, or modified 129
by the Administration Commission shall be final. 130
(6)(8) If the governing body of a municipality amends the 131
budget pursuant to paragraph (5)(c) paragraph (7)(c), the 132
adopted amendment must be posted on the off icial website of the 133
municipality within 5 days after adoption and must remain on the 134
website for at least 2 years. If the municipality does not 135
operate an official website, the municipality must, within a 136
reasonable period of time as established by the co unty or 137
counties in which the municipality is located, transmit the 138
adopted amendment to the manager or administrator of such county 139
or counties who shall post the adopted amendment on the county's 140
website. 141
Section 2. Subsection (5) of section 768.28, Florida 142
Statutes, is amended to read: 143
768.28 Waiver of sovereign immunity in tort actions; 144
recovery limits; civil liability for damages caused during a 145
riot; limitation on attorney fees; statute of limitations; 146
exclusions; indemnification; risk managemen t programs.— 147
(5)(a) The state and its agencies and subdivisions shall 148
be liable for tort claims in the same manner and to the same 149
extent as a private individual under like circumstances, but 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
liability shall not include punitive damages or interest for t he 151
period before judgment. Neither the state nor its agencies or 152
subdivisions shall be liable to pay a claim or a judgment by any 153
one person which exceeds the sum of $200,000 or any claim or 154
judgment, or portions thereof, which, when totaled with all 155
other claims or judgments paid by the state or its agencies or 156
subdivisions arising out of the same incident or occurrence, 157
exceeds the sum of $300,000. However, a judgment or judgments 158
may be claimed and rendered in excess of these amounts and may 159
be settled and paid pursuant to this act up to $200,000 or 160
$300,000, as the case may be; and that portion of the judgment 161
that exceeds these amounts may be reported to the Legislature, 162
but may be paid in part or in whole only by further act of the 163
Legislature. Notwith standing the limited waiver of sovereign 164
immunity provided herein, the state or an agency or subdivision 165
thereof may agree, within the limits of insurance coverage 166
provided, to settle a claim made or a judgment rendered against 167
it without further action by the Legislature, but the state or 168
agency or subdivision thereof shall not be deemed to have waived 169
any defense of sovereign immunity or to have increased the 170
limits of its liability as a result of its obtaining insurance 171
coverage for tortious acts in exce ss of the $200,000 or $300,000 172
waiver provided above. The limitations of liability set forth in 173
this subsection shall apply to the state and its agencies and 174
subdivisions whether or not the state or its agencies or 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subdivisions possessed sovereign immunity before July 1, 1974. 176
(b) A municipality has a duty to allow the municipal law 177
enforcement agency to respond appropriately to protect persons 178
and property during a riot or an unlawful assembly based on the 179
availability of adequate equipment to its munici pal law 180
enforcement officers and relevant state and federal laws. If the 181
governing body of a municipality or a person authorized by the 182
governing body of the municipality breaches that duty, the 183
municipality is civilly liable for any damages, including 184
damages arising from personal injury, wrongful death, or 185
property damages proximately caused by the municipality's breach 186
of duty. The sovereign immunity recovery limits in paragraph (a) 187
do not apply to an action under this paragraph. 188
Section 3. Subsectio ns (2) and (3) of section 784.011, 189
Florida Statutes, are amended to read: 190
784.011 Assault.— 191
(2) Except as provided in subsection (3), A person who 192
assaults another person commits a misdemeanor of the second 193
degree, punishable as provided in s. 775.082 or s. 775.083. 194
(3) A person who assaults another person in furtherance of 195
a riot or an aggravated riot prohibited under s. 870.01 commi ts 196
a misdemeanor of the first degree, punishable as provided in s. 197
775.082 or s. 775.083. 198
Section 4. Subsection (3) of section 784.021, Florida 199
Statutes, is amended to read: 200
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784.021 Aggravated assault. — 201
(3) For the purposes of sentencing under chap ter 921, a 202
violation of this section committed by a person acting in 203
furtherance of a riot or an aggravated riot prohibited under s. 204
870.01 is ranked one level above the ranking under s. 921.0022 205
for the offense committed. 206
Section 5. Subsections (1) an d (3) of section 784.03, 207
Florida Statutes, are amended to read: 208
784.03 Battery; felony battery. — 209
(1)(a) The offense of battery occurs when a person: 210
1. Actually and intentionally touches or strikes another 211
person against the will of the other; or 212
2. Intentionally causes bodily harm to another person. 213
(b) Except as provided in subsection (2) or subsection 214
(3), a person who commits battery commits a misdemeanor of the 215
first degree, punishable as provided in s. 775.082 or s. 216
775.083. 217
(3) A person who commits a battery in furtherance of a 218
riot or an aggravated riot prohibited under s. 870.01 commits a 219
felony of the third degree, punishable as provided in s. 220
775.082, s. 775.083, or 775.084. 221
Section 6. Subsection (3) of section 784.045, Florida 222
Statutes, is amended to read: 223
784.045 Aggravated battery. — 224
(3) For the purposes of sentencing under chapter 921, a 225
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violation of this section committed by a person acting in 226
furtherance of a riot or an aggravated riot prohibited under s. 227
870.01 is ranked one level above the ranking under s. 921.0022 228
for the offense committed. 229
Section 7. Section 784.0495, Florida Statutes, is 230
repealed. 231
Section 8. Subsections (2) and (4) of section 784.07, 232
Florida Statutes, are amended to read: 233
784.07 Assault or bat tery of law enforcement officers, 234
firefighters, emergency medical care providers, public transit 235
employees or agents, or other specified officers; 236
reclassification of offenses; minimum sentences. — 237
(2) Whenever any person is charged with knowingly 238
committing an assault or battery upon a law enforcement officer, 239
a firefighter, an emergency medical care provider, a railroad 240
special officer, a traffic accident investigation officer as 241
described in s. 316.640, a nonsworn law enforcement agency 242
employee who is certified as an agency inspector, a blood 243
alcohol analyst, or a breath test operator while such employee 244
is in uniform and engaged in processing, testing, evaluating, 245
analyzing, or transporting a person who is detained or under 246
arrest for DUI, a law enforc ement explorer, a traffic infraction 247
enforcement officer as described in s. 316.640, a parking 248
enforcement specialist as defined in s. 316.640, a person 249
licensed as a security officer as defined in s. 493.6101 and 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
wearing a uniform that bears at least one patch or emblem that 251
is visible at all times that clearly identifies the employing 252
agency and that clearly identifies the person as a licensed 253
security officer, or a security officer employed by the board of 254
trustees of a community college, while the offic er, firefighter, 255
emergency medical care provider, railroad special officer, 256
traffic accident investigation officer, traffic infraction 257
enforcement officer, inspector, analyst, operator, law 258
enforcement explorer, parking enforcement specialist, public 259
transit employee or agent, or security officer is engaged in the 260
lawful performance of his or her duties, the offense for which 261
the person is charged shall be reclassified as follows: 262
(a) In the case of assault, from a misdemeanor of the 263
second degree to a mi sdemeanor of the first degree. 264
(b) In the case of battery, from a misdemeanor of the 265
first degree to a felony of the third degree. Notwithstanding 266
any other provision of law, a person convicted of battery upon a 267
law enforcement officer committed in furth erance of a riot or an 268
aggravated riot prohibited under s. 870.01 shall be sentenced to 269
a minimum term of imprisonment of 6 months. 270
(c) In the case of aggravated assault, from a felony of 271
the third degree to a felony of the second degree. 272
Notwithstanding any other provision of law, any person convicted 273
of aggravated assault upon a law enforcement officer shall be 274
sentenced to a minimum term of imprisonment of 3 years. 275
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(d) In the case of aggravated battery, from a felony of 276
the second degree to a felony of the first degree. 277
Notwithstanding any other provision of law, any person convicted 278
of aggravated battery of a law enforcement officer shall be 279
sentenced to a minimum term of imprisonment of 5 years. 280
(4) For purposes of sentencing under chapter 921, a felony 281
violation of this section committed by a person acting in 282
furtherance of a riot or an aggravated riot prohibited under s. 283
870.01 is ranked one level above the ranking under s. 921.0022 284
for the offense committed. 285
Section 9. Subsections (3) and (9 ) of section 806.13, 286
Florida Statutes, are amended to read: 287
806.13 Criminal mischief; penalties; penalty for minor. — 288
(3) Any person who, without the consent of the owner 289
thereof, willfully and maliciously defaces, injures, or 290
otherwise damages by any m eans a memorial or historic property, 291
as defined in s. 806.135(1), and the value of the damage to the 292
memorial or historic property is greater than $200, commits a 293
felony of the third degree, punishable as provided in s. 294
775.082, s. 775.083, or s. 775.084. A court shall order any 295
person convicted of violating this subsection to pay 296
restitution, which shall include the full cost of repair or 297
replacement of such memorial or historic property. 298
(8)(9) A minor whose driver license or driving privilege 299
is revoked, suspended, or withheld under subsection (7) (8) may 300
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elect to reduce the period of revocation, suspension, or 301
withholding by performing community service at the rate of 1 day 302
for each hour of community service performed. In addition, if 303
the court determines that due to a family hardship, the minor's 304
driver license or driving privilege is necessary for employment 305
or medical purposes of the minor or a member of the minor's 306
family, the court shall order the minor to perform community 307
service and reduce the period of revocation, suspension, or 308
withholding at the rate of 1 day for each hour of community 309
service performed. As used in this subsection, the term 310
"community service" means cleaning graffiti from public 311
property. 312
Section 10. Section 806.135, Florida Statutes, is 313
repealed. 314
Section 11. Subsections (3) and (4) of section 810.02, 315
Florida Statutes, are amended to read: 316
810.02 Burglary.— 317
(3) Burglary is a felony of the second degree, pu nishable 318
as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the 319
course of committing the offense, the offender does not make an 320
assault or battery and is not and does not become armed with a 321
dangerous weapon or explosive, and the offender enters or 322
remains in a: 323
(a) Dwelling, and there is another person in the dwelling 324
at the time the offender enters or remains; 325
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(b) Dwelling, and there is not another person in the 326
dwelling at the time the offender enters or remains; 327
(c) Structure, and there is another person in the 328
structure at the time the offender enters or remains; 329
(d) Conveyance, and there is another person in the 330
conveyance at the time the offender enters or remains; 331
(e) Authorized emergency vehicle, as defined in s. 332
316.003; or 333
(f) Structure or conveyance when the offense intended to 334
be committed therein is theft of a controlled substance as 335
defined in s. 893.02. Notwithstanding any other law, separate 336
judgments and sentences for burglary with the intent to commit 337
theft of a controlled substance under this paragraph and for any 338
applicable possession of controlled substance offense under s. 339
893.13 or trafficking in controlled substance offense under s. 340
893.135 may be imposed when all such offenses involve the same 341
amount or amounts of a controlled substance. 342
343
However, if the burglary is committed during a riot or an 344
aggravated riot prohibited under s. 870.01 and the perpetration 345
of the burglary is facilitated by conditions arising from the 346
riot; or within a county that is subject to a state of emergency 347
declared by the Governor under chapter 252 after the declaration 348
of emergency is made and the perpetration of the burglary is 349
facilitated by conditions arising from the emergency, the 350
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burglary is a felony of the first degree, punishable as provided 351
in s. 775.082, s. 775.083, or s. 775.084. As used in this 352
subsection, the term "conditions arising from the riot" means 353
civil unrest, power outages, curfews, or a reduction in the 354
presence of or response time for first responders or homeland 355
security personnel and the term "conditions arising from the 356
emergency" means civil unrest, power outages, curfews, voluntary 357
or mandatory evacuations, or a reduction in the presence of or 358
response time for first responders or homeland security 359
personnel. A person arrested for committing a burglary during a 360
riot or an aggravated riot or within a county that is subject to 361
such a state of emergency may not be released until the person 362
appears before a committing magistrate at a first appearance 363
hearing. For purposes of sentencing under chapter 921, a felony 364
offense that is reclassified under this subsection is ranked one 365
level above the ranking under s. 921.0022 or s. 921.0023 of the 366
offense committed. 367
(4) Burglary is a felony of the third degree, punishable 368
as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the 369
course of committing the offense, the offender does not make an 370
assault or battery and is not and does not become armed with a 371
dangerous weapon or explosive, and the offender enters or 372
remains in a: 373
(a) Structure, and there is not another person in the 374
structure at the time the offender enters or remains; or 375
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(b) Conveyance, and there is not another person in the 376
conveyance at the time the offender enters or remains. 377
378
However, if the burgl ary is committed during a riot or an 379
aggravated riot prohibited under s. 870.01 and the perpetration 380
of the burglary is facilitated by conditions arising from the 381
riot; or within a county that is subject to a state of emergency 382
declared by the Governor und er chapter 252 after the declaration 383
of emergency is made and the perpetration of the burglary is 384
facilitated by conditions arising from the emergency, the 385
burglary is a felony of the second degree, punishable as 386
provided in s. 775.082, s. 775.083, or s. 7 75.084. As used in 387
this subsection, the term terms "conditions arising from the 388
riot" and "conditions arising from the emergency" has have the 389
same meaning meanings as provided in subsection (3). A person 390
arrested for committing a burglary during a riot or an 391
aggravated riot or within a county that is subject to such a 392
state of emergency may not be released until the person appears 393
before a committing magistrate at a first appearance hearing. 394
For purposes of sentencing under chapter 921, a felony offense 395
that is reclassified under this subsection is ranked one level 396
above the ranking under s. 921.0022 or s. 921.0023 of the 397
offense committed. 398
Section 12. Paragraphs (b) and (c) of subsection (2) of 399
section 812.014, Florida Statutes, are amended to read: 400
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812.014 Theft.— 401
(2) 402
(b)1. If the property stolen is valued at $20,000 or more, 403
but less than $100,000; 404
2. The property stolen is cargo valued at less than 405
$50,000 that has entered the stream of interstate or intrastate 406
commerce from the shipper's lo ading platform to the consignee's 407
receiving dock; 408
3. The property stolen is emergency medical equipment, 409
valued at $300 or more, that is taken from a facility licensed 410
under chapter 395 or from an aircraft or vehicle permitted under 411
chapter 401; or 412
4. The property stolen is law enforcement equipment, 413
valued at $300 or more, that is taken from an authorized 414
emergency vehicle, as defined in s. 316.003, 415
416
the offender commits grand theft in the second degree, 417
punishable as a felony of the second degree, as provided in s. 418
775.082, s. 775.083, or s. 775.084. Emergency medical equipment 419
means mechanical or electronic apparatus used to provide 420
emergency services and care as defined in s. 395.002(9) or to 421
treat medical emergencies. Law enforcement equipment means any 422
property, device, or apparatus used by any law enforcement 423
officer as defined in s. 943.10 in the officer's official 424
business. However, if the property is stolen during a riot or an 425
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aggravated riot prohibited under s. 870.01 and the perpetration 426
of the theft is facilitated by conditions arising from the riot; 427
or within a county that is subject to a state of emergency 428
declared by the Governor under chapter 252, the theft is 429
committed after the declaration of emergency is made, and the 430
perpetration of the theft is facilitated by conditions arising 431
from the emergency, the theft is a felony of the first degree, 432
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 433
As used in this paragraph, the term "conditions arising from the 434
riot" means civil unrest, power outages, curfews, or a reduction 435
in the presence of or response time for first responders or 436
homeland security personnel and the term "conditions arising 437
from the emergency" means civil unrest, power outages, curfews, 438
voluntary or mandatory e vacuations, or a reduction in the 439
presence of or response time for first responders or homeland 440
security personnel. A person arrested for committing a theft 441
during a riot or an aggravated riot or within a county that is 442
subject to a state of emergency may not be released until the 443
person appears before a committing magistrate at a first 444
appearance hearing. For purposes of sentencing under chapter 445
921, a felony offense that is reclassified under this paragraph 446
is ranked one level above the ranking under s. 9 21.0022 or s. 447
921.0023 of the offense committed. 448
(c) It is grand theft of the third degree and a felony of 449
the third degree, punishable as provided in s. 775.082, s. 450
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775.083, or s. 775.084, if the property stolen is: 451
1. Valued at $750 or more, but less than $5,000. 452
2. Valued at $5,000 or more, but less than $10,000. 453
3. Valued at $10,000 or more, but less than $20,000. 454
4. A will, codicil, or other testamentary instrument. 455
5. A firearm. 456
6. A motor vehicle, except as provided in paragraph (a). 457
7. Any commercially farmed animal, including any animal of 458
the equine, avian, bovine, or swine class or other grazing 459
animal; a bee colony of a registered beekeeper; and aquaculture 460
species raised at a certified aquaculture facility. If the 461
property stolen is a commercially farmed animal, including an 462
animal of the equine, avian, bovine, or swine class or other 463
grazing animal; a bee colony of a registered beekeeper; or an 464
aquaculture species raised at a certified aquaculture facility, 465
a $10,000 fine shall b e imposed. 466
8. Any fire extinguisher that, at the time of the taking, 467
was installed in any building for the purpose of fire prevention 468
and control. This subparagraph does not apply to a fire 469
extinguisher taken from the inventory at a point -of-sale 470
business. 471
9. Any amount of citrus fruit consisting of 2,000 or more 472
individual pieces of fruit. 473
10. Taken from a designated construction site identified 474
by the posting of a sign as provided for in s. 810.09(2)(d). 475
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11. Any stop sign. 476
12. Anhydrous ammonia. 477
13. Any amount of a controlled substance as defined in s. 478
893.02. Notwithstanding any other law, separate judgments and 479
sentences for theft of a controlled substance under this 480
subparagraph and for any applicable possession of controlled 481
substance offense under s. 893.13 or trafficking in controlled 482
substance offense under s. 893.135 may be imposed when all such 483
offenses involve the same amount or amounts of a controlled 484
substance. 485
486
However, if the property is stolen during a riot or an 487
aggravated riot prohibited under s. 870.01 and the perpetration 488
of the theft is facilitated by conditions arising from the riot; 489
or within a county that is subject to a state of emergency 490
declared by the Governor under chapter 252, the property is 491
stolen after the declarat ion of emergency is made, and the 492
perpetration of the theft is facilitated by conditions arising 493
from the emergency, the offender commits a felony of the second 494
degree, punishable as provided in s. 775.082, s. 775.083, or s. 495
775.084, if the property is val ued at $5,000 or more, but less 496
than $10,000, as provided under subparagraph 2., or if the 497
property is valued at $10,000 or more, but less than $20,000, as 498
provided under subparagraph 3. As used in this paragraph, the 499
term terms "conditions arising from a riot" and "conditions 500
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arising from the emergency" has have the same meaning meanings 501
as provided in paragraph (b). A person arrested for committing a 502
theft during a riot or an aggravated riot or within a county 503
that is subject to a state of emergency may n ot be released 504
until the person appears before a committing magistrate at a 505
first appearance hearing. For purposes of sentencing under 506
chapter 921, a felony offense that is reclassified under this 507
paragraph is ranked one level above the ranking under s. 508
921.0022 or s. 921.0023 of the offense committed. 509
Section 13. Section 836.115, Florida Statutes, is 510
repealed. 511
Section 14. Section 870.01, Florida Statutes, is amended 512
to read: 513
870.01 Affrays and riots. — 514
(1) A person commits an affray if he or she engages, by 515
mutual consent, in fighting with another person in a public 516
place to the terror of the people. A person who commits an 517
affray commits a misdemeanor of the first degree, punishable as 518
provided in s. 775.082 or s. 775.083. 519
(2) A person commits a riot if he or she willfully 520
participates in a violent public disturbance involving an 521
assembly of three or more persons, acting with a common intent 522
to assist each other in violent and disorderly conduct, 523
resulting in: 524
(a) Injury to another person; 525
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(b) Damage to property; or 526
(c) Imminent danger of injury to another person or damage 527
to property. 528
529
A person who commits a riot commits a felony of the third 530
degree, punishable as provided in s. 775.082, s. 775.083, or s. 531
775.084. 532
(3) A person commits aggravated rioting if, in the course 533
of committing a riot, he or she: 534
(a) Participates with 25 or more other persons; 535
(b) Causes great bodily harm to a person not participating 536
in the riot; 537
(c) Causes property damage in excess of $5,000; 538
(d) Displays, uses, threatens to use, or attempts to use a 539
deadly weapon; or 540
(e) By force, or threat of force, endangers the safe 541
movement of a vehicle traveling on a public street, highway, or 542
road. 543
544
A person who commits aggravated rioting commits a felony of the 545
second degree, punishable as provided in s. 775.082, s. 775.083, 546
or s. 775.084. 547
(4) A person commits inciting a riot if he or she 548
willfully incites another person to participate in a riot, 549
resulting in a riot or imminent danger of a riot. A person who 550
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commits inciting a riot commits a felony of the third degree, 551
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 552
(5) A person commits aggravated inciting a riot if he or 553
she: 554
(a) Incites a riot resulting in great bodily harm to 555
another person not participating in the riot; 556
(b) Incites a riot resulting in property damage in excess 557
of $5,000; or 558
(c) Supplies a deadly weapon to another person or teaches 559
another person to prepare a deadly weapon with intent that the 560
deadly weapon be used in a riot for an unlawful purpose. 561
562
A person who commits aggravated inciting a riot commits a felony 563
of the second degree, punishable as provided in s. 775.082, s. 564
775.083, or s. 775.084. 565
(6) Except for a violation of subsection (1), a person 566
arrested for a violation of this section shall be held in 567
custody until brought before the court for admittance to bail in 568
accordance with chapter 903. 569
(4)(7) This section does not prohibit constitutionally 570
protected activity such as a peaceful protest. 571
Section 15. Section 870.02, Florida Statutes, is amended 572
to read: 573
870.02 Unlawful assemblies. — 574
(1) If three or more persons meet together to commit a 575
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breach of the peace, or to do any other unlawful act, each of 576
them commits a misdemeanor of the secon d degree, punishable as 577
provided in s. 775.082 or s. 775.083. 578
(2) A person arrested for a violation of this section 579
shall be held in custody until brought before the court for 580
admittance to bail in accordance with chapter 903. 581
Section 16. Notwithstan ding the April 19, 2021, repeal of 582
section 870.03, Florida Statutes, that section is revived, 583
reenacted, and amended to read: 584
870.03 Riots and routs. —If any persons unlawfully 585
assembled demolish, pull down or destroy, or begin to demolish, 586
pull down or destroy, any dwelling house or other building, or 587
any ship or vessel, each such person commits of them shall be 588
guilty of a felony of the third degree, punishable as provided 589
in s. 775.082, s. 775.083, or s. 775.084. 590
Section 17. Section 870.07, Florida Statutes, is repealed. 591
Section 18. Subsections (3) and (7) of section 872.02, 592
Florida Statutes, are amended to read: 593
872.02 Injuring or removing tomb or monument; disturbing 594
contents of grave or tomb; penalties. — 595
(3) For purposes of sentencing unde r chapter 921, a 596
violation of this section committed by a person in furtherance 597
of a riot or an aggravated riot prohibited under s. 870.01 is 598
ranked one level above the ranking under s. 921.0022 or s. 599
921.0023 for the offense committed. 600
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(6)(7) If a legally authorized person refuses to sign a 601
written authorization, as provided in paragraph (5)(a) (6)(a), 602
or if a legally authorized person objects, as provided in 603
paragraph (5)(b) (6)(b), a public hearing shall be held before 604
the county commission of the coun ty where the cemetery is 605
located, or the city council, if the cemetery is located in a 606
municipality, and the county commission or the city council 607
shall have the authority to grant a request for relocation of 608
the contents of such graves or tombs. 609
Section 19. Paragraphs (b), (c), and (d) of subsection (3) 610
of section 921.0022, Florida Statutes, are amended to read: 611
921.0022 Criminal Punishment Code; offense severity 612
ranking chart.— 613
(3) OFFENSE SEVERITY RANKING CHART 614
(b) LEVEL 2 615
616
Florida
Statute
Felony
Degree Description
617
379.2431
(1)(e)3.
3rd Possession of 11 or fewer
marine turtle eggs in
violation of the Marine
Turtle Protection Act.
618
379.2431 3rd Possession of more than 11
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(1)(e)4. marine turtle eggs in
violation of the Marine
Turtle Protection Act.
619
403.413(6)(c) 3rd Dumps waste litter
exceeding 500 lbs. in
weight or 100 cubic
feet in volume or any
quantity for commercial
purposes, or hazardous
waste.
620
517.07(2) 3rd Failure to furnish a prospectus
meeting requirements.
621
590.28(1) 3rd Intentional burning of
lands.
622
784.03(3) 3rd Battery during a riot or an
aggravated riot.
623
784.05(3) 3rd Storing or leaving a
loaded firearm within
reach of minor who
uses it to inflict
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injury or death.
624
787.04(1) 3rd In violation of court
order, take, entice,
etc., minor beyond state
limits.
625
806.13(1)(b)3. 3rd Criminal mischief; damage
$1,000 or more to public
communication or any other
public service.
626
806.13(3) 3rd Criminal mischief; damage
of $200 or more to a
memorial or historic
property.
627
810.061(2) 3rd Impairing or impeding
telephone or power to a
dwelling; facilitating or
furthering burglary.
628
810.09(2)(e) 3rd Trespassing on posted
commercial horticulture
property.
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629
812.014(2)(c)1. 3rd Grand theft, 3rd
degree; $750 or
more but less
than $5,000.
630
812.014(2)(d) 3rd Grand theft, 3rd
degree; $100 or more
but less than $750,
taken from unenclosed
curtilage of dwelling.
631
812.015(7) 3rd Possession, use, or attempted
use of an antishoplifting or
inventory control device
countermeasure.
632
817.234(1)(a)2. 3rd False statement in
support of insurance
claim.
633
817.481(3)(a) 3rd Obtain credit or purchase
with false, expired,
counterfeit, etc., credit
card, value over $300.
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634
817.52(3) 3rd Failure to redeliver
hired vehicle.
635
817.54 3rd With intent to defraud, obtain
mortgage note, etc., by false
representation.
636
817.60(5) 3rd Dealing in credit cards
of another.
637
817.60(6)(a) 3rd Forgery; purchase
goods, services with
false card.
638
817.61 3rd Fraudulent use of credit cards
over $100 or more within 6
months.
639
826.04 3rd Knowingly marries or has sexual
intercourse with person to whom
related.
640
831.01 3rd Forgery.
641
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831.02 3rd Uttering forged instrument;
utters or publishes alteration
with intent to defraud.
642
831.07 3rd Forging bank bills, checks,
drafts, or promissory notes.
643
831.08 3rd Possessing 10 or more forged
notes, bills, checks, or
drafts.
644
831.09 3rd Uttering forged notes, bills,
checks, drafts, or promissory
notes.
645
831.11 3rd Bringing into the state
forged bank bills, checks,
drafts, or notes.
646
832.05(3)(a) 3rd Cashing or depositing
item with intent to
defraud.
647
843.08 3rd False personation.
648
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893.13(2)(a)2. 3rd Purchase of any s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3.,
(2)(c)6., (2)(c)7.,
(2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4)
drugs other than cannabis.
649
893.147(2) 3rd Manufacture or delivery of drug
paraphernalia.
650
(c) LEVEL 3 651
652
Florida
Statute
Felony
Degree Description
653
119.10(2)(b) 3rd Unlawful use of
confidential information
from police reports.
654
316.066
(3)(b)-(d)
3rd Unlawfully obtaining or using
confidential crash reports.
655
316.193(2)(b) 3rd Felony DUI, 3rd
conviction.
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656
316.1935(2) 3rd Fleeing or attempting to
elude law enforcement
officer in patrol vehicle
with siren and lights
activated.
657
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
658
319.33(1)(a) 3rd Alter or forge any
certificate of title to a
motor vehicle or mobile
home.
659
319.33(1)(c) 3rd Procure or pass title
on stolen vehicle.
660
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
661
327.35(2)(b) 3rd Felony BUI.
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662
328.05(2) 3rd Possess, sell, or
counterfeit fictitious,
stolen, or fraudulent titles
or bills of sale of vessels.
663
328.07(4) 3rd Manufacture, exchange, or
possess vessel with
counterfeit or wrong ID
number.
664
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
665
379.2431
(1)(e)5.
3rd Taking, disturbing, mutilating,
destroying, causing to be
destroyed, transferring,
selling, offering to sell,
molesting, or harassing marine
turtles, marine turtle eggs, or
marine turtle nests in violation
of the Marine Turtle Protection
Act.
666
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379.2431
(1)(e)6.
3rd Possessing any marine turtle
species or hatchling, or
parts thereof, or the nest
of any marine turtle species
described in the Marine
Turtle Protection Act.
667
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
violation of the Marine
Turtle Protection Act.
668
400.9935(4)(a)
or (b)
3rd Operating a clinic, or
offering services
requiring licensure,
without a license.
669
400.9935(4)(e) 3rd Filing a false license
application or other
required information or
failing to report
information.
670
440.1051(3) 3rd False report of workers'
compensation fraud or
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retaliation for making such
a report.
671
501.001(2)(b) 2nd Tampers with a consumer
product or the container using
materially false/misleading
information.
672
624.401(4)(a) 3rd Transacting insurance
without a certificate of
authority.
673
624.401(4)(b)1. 3rd Transacting insurance
without a certificate
of authority; premium
collected less than
$20,000.
674
626.902(1)(a) &
(b)
3rd Representing an
unauthorized insurer.
675
697.08 3rd Equity skimming.
676
790.15(3) 3rd Person directs another to
discharge firearm from a
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vehicle.
677
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
678
806.10(2) 3rd Interferes with or assaults
firefighter in performance
of duty.
679
810.09(2)(c) 3rd Trespass on property
other than structure or
conveyance armed with
firearm or dangerous
weapon.
680
812.014(2)(c)2. 3rd Grand theft; $5,000
or more but less
than $10,000.
681
812.0145(2)(c) 3rd Theft from person
65 years of age or
older; $300 or more
but less than
$10,000.
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682
812.015(8)(b) 3rd Retail theft with
intent to sell;
conspires with others.
683
812.081(2) 3rd Theft of a trade
secret.
684
815.04(5)(b) 2nd Computer offense
devised to defraud or
obtain property.
685
817.034(4)(a)3. 3rd Engages in scheme to
defraud (Florida
Communications Fraud Act),
property valued at less
than $20,000.
686
817.233 3rd Burning to defraud
insurer.
687
817.234
(8)(b) & (c)
3rd Unlawful solicitation of persons
involved in motor vehicle
accidents.
688
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817.234(11)(a) 3rd Insurance fraud;
property value less
than $20,000.
689
817.236 3rd Filing a false motor vehicle
insurance application.
690
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
691
817.413(2) 3rd Sale of used goods
of $1,000 or more
as new.
692
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing
great bodily harm,
permanent disfigurement, or
permanent disability.
693
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
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counterfeit payment
instrument with intent to
defraud.
694
831.29 2nd Possession of instruments for
counterfeiting driver licenses or
identification cards.
695
838.021(3)(b) 3rd Threatens unlawful
harm to public
servant.
696
843.19 2nd Injure, disable, or kill
police, fire, or SAR canine
or police horse.
697
860.15(3) 3rd Overcharging for repairs and
parts.
698
870.01(2) or (3) 3rd Riot; inciting a riot.
699
870.01(4) 3rd Inciting a riot.
700
893.13(1)(a)2. 3rd Sell, manufacture, or
deliver cannabis (or other
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s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3.,
(2)(c)6., (2)(c)7.,
(2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4)
drugs).
701
893.13(1)(d)2. 2nd Sell, manufacture, or
deliver s. 893.03(1)(c),
(2)(c)1., (2)(c)2.,
(2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8.,
(2)(c)9., (2)(c)10., (3),
or (4) drugs within 1,000
feet of university.
702
893.13(1)(f)2. 2nd Sell, manufacture, or
deliver s. 893.03(1)(c),
(2)(c)1., (2)(c)2.,
(2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8.,
(2)(c)9., (2)(c)10., (3),
or (4) drugs within 1,000
feet of public housing
facility.
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703
893.13(4)(c) 3rd Use or hire of minor;
deliver to minor other
controlled substances.
704
893.13(6)(a) 3rd Possession of any
controlled substance
other than felony
possession of cannabis.
705
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding
previous receipt of or
prescription for a
controlled substance.
706
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.
707
893.13(7)(a)10. 3rd Affix false or forged
label to package of
controlled substance.
708
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893.13(7)(a)11. 3rd Furnish false or
fraudulent material
information on any
document or record
required by chapter
893.
709
893.13(8)(a)1. 3rd Knowingly assist a patient,
other person, or owner of an
animal in obtaining a
controlled substance through
deceptive, untrue, or
fraudulent representations
in or related to the
practitioner's practice.
710
893.13(8)(a)2. 3rd Employ a trick or scheme in
the practitioner's practice
to assist a patient, other
person, or owner of an
animal in obtaining a
controlled substance.
711
893.13(8)(a)3. 3rd Knowingly write a
prescription for a
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controlled substance for
a fictitious person.
712
893.13(8)(a)4. 3rd Write a prescription for a
controlled substance for a
patient, other person, or
an animal if the sole
purpose of writing the
prescription is a monetary
benefit for the
practitioner.
713
918.13(1)(a) 3rd Alter, destroy, or conceal
investigation evidence.
714
944.47
(1)(a)1. & 2.
3rd Introduce contraband to
correctional facility.
715
944.47(1)(c) 2nd Possess contraband while
upon the grounds of a
correctional institution.
716
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
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facility).
717
(d) LEVEL 4 718
719
Florida
Statute
Felony
Degree Description
720
316.1935(3)(a) 2nd Driving at high speed or
with wanton disregard
for safety while fleeing
or attempting to elude
law enforcement officer
who is in a patrol
vehicle with siren and
lights activated.
721
499.0051(1) 3rd Failure to maintain or
deliver transaction
history, transaction
information, or transaction
statements.
722
499.0051(5) 2nd Knowing sale or delivery,
or possession with intent
to sell, contraband
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prescription drugs.
723
517.07(1) 3rd Failure to register
securities.
724
517.12(1) 3rd Failure of dealer,
associated person, or
issuer of securities to
register.
725
784.07(2)(b) 3rd Battery of law enforcement
officer, firefighter, etc.
726
784.074(1)(c) 3rd Battery of sexually
violent predators
facility staff.
727
784.075 3rd Battery on detention or
commitment facility staff.
728
784.078 3rd Battery of facility employee
by throwing, tossing, or
expelling certain fluids or
materials.
729
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784.08(2)(c) 3rd Battery on a person
65 years of age or
older.
730
784.081(3) 3rd Battery on specified
official or employee.
731
784.082(3) 3rd Battery by detained
person on visitor or
other detainee.
732
784.083(3) 3rd Battery on code inspector.
733
784.085 3rd Battery of child by throwing,
tossing, projecting, or
expelling certain fluids or
materials.
734
787.03(1) 3rd Interference with custody;
wrongly takes minor from
appointed guardian.
735
787.04(2) 3rd Take, entice, or remove child
beyond state limits with
criminal intent pending
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custody proceedings.
736
787.04(3) 3rd Carrying child beyond state
lines with criminal intent
to avoid producing child at
custody hearing or
delivering to designated
person.
737
787.07 3rd Human smuggling.
738
790.115(1) 3rd Exhibiting firearm or
weapon within 1,000 feet
of a school.
739
790.115(2)(b) 3rd Possessing electric
weapon or device,
destructive device, or
other weapon on school
property.
740
790.115(2)(c) 3rd Possessing firearm on
school property.
741
800.04(7)(c) 3rd Lewd or lascivious
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exhibition; offender less
than 18 years.
742
806.135 2nd Destroying or demolishing a
memorial or historic property.
743
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an
unoccupied structure;
unarmed; no assault or
battery.
744
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an
unoccupied conveyance;
unarmed; no assault or
battery.
745
810.06 3rd Burglary; possession of tools.
746
810.08(2)(c) 3rd Trespass on property,
armed with firearm or
dangerous weapon.
747
812.014(2)(c)3. 3rd Grand theft, 3rd
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degree $10,000 or
more but less than
$20,000.
748
812.014
(2)(c)4.-10.
3rd Grand theft, 3rd degree;
specified items.
749
812.0195(2) 3rd Dealing in stolen
property by use of the
Internet; property
stolen $300 or more.
750
817.505(4)(a) 3rd Patient brokering.
751
817.563(1) 3rd Sell or deliver substance
other than controlled
substance agreed upon,
excluding s. 893.03(5)
drugs.
752
817.568(2)(a) 3rd Fraudulent use of personal
identification information.
753
817.625(2)(a) 3rd Fraudulent use of
scanning device,
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skimming device, or
reencoder.
754
817.625(2)(c) 3rd Possess, sell, or
deliver skimming
device.
755
828.125(1) 2nd Kill, maim, or cause great
bodily harm or permanent
breeding disability to any
registered horse or
cattle.
756
837.02(1) 3rd Perjury in official
proceedings.
757
837.021(1) 3rd Make contradictory statements
in official proceedings.
758
838.022 3rd Official misconduct.
759
839.13(2)(a) 3rd Falsifying records of an
individual in the care
and custody of a state
agency.
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760
839.13(2)(c) 3rd Falsifying records of
the Department of
Children and Families.
761
843.021 3rd Possession of a concealed
handcuff key by a person in
custody.
762
843.025 3rd Deprive law enforcement,
correctional, or correctional
probation officer of means of
protection or communication.
763
843.15(1)(a) 3rd Failure to appear while
on bail for felony (bond
estreature or bond
jumping).
764
847.0135(5)(c) 3rd Lewd or lascivious
exhibition using
computer; offender
less than 18 years.
765
870.01(3) 2nd Aggravated rioting.
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766
870.01(5) 2nd Aggravated inciting a riot.
767
874.05(1)(a) 3rd Encouraging or recruiting
another to join a
criminal gang.
768
893.13(2)(a)1. 2nd Purchase of cocaine (or
other s. 893.03(1)(a),
(b), or (d), (2)(a),
(2)(b), or (2)(c)5.
drugs).
769
914.14(2) 3rd Witnesses accepting
bribes.
770
914.22(1) 3rd Force, threaten, etc.,
witness, victim, or
informant.
771
914.23(2) 3rd Retaliation against a
witness, victim, or
informant, no bodily injury.
772
916.1085 3rd Introduction of specified
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(2)(c)1. contraband into certain DCF
facilities.
773
918.12 3rd Tampering with jurors.
774
934.215 3rd Use of two-way communications
device to facilitate commission of
a crime.
775
944.47(1)(a)6. 3rd Introduction of contraband
(cellular telephone or
other portable
communication device) into
correctional institution.
776
951.22(1)(h),
(j) & (k)
3rd Intoxicating drug,
instrumentality or other
device to aid escape, or
cellular telephone or other
portable communication device
introduced into county
detention facility.
777
Section 20. This act shall take effect upon becoming a 778
law. 779