Florida Senate Bill S0450 Introduced / Bill

 Florida Senate - 2022 SB 450  By Senator Jones 35-00207-22 2022450__ 1 A bill to be entitled 2 An act relating to criminal justice; amending s. 3 166.241, F.S.; deleting provisions relating to 4 allowing specified elected officials to file an appeal 5 to the Administration Commission if the governing body 6 of a municipality makes a specified reduction to the 7 operating budget of the municipal law enforcement 8 agency; deleting petition contents requirements; 9 deleting a provision requiring the Executive Office of 10 the Governor to conduct a budget hearing considering 11 the matter and make findings and recommendations to 12 the Administration Commission; deleting a provision 13 requiring the commission to approve, amend, or modify 14 the municipalitys budget; amending s. 316.2045, F.S.; 15 revising the prohibition on obstructing traffic by 16 standing on the street, highway, or road; prohibiting 17 persons from willfully obstructing public streets, 18 highways, or roads under certain circumstances in 19 order to solicit; providing criminal penalties; 20 providing exceptions; authorizing appropriate local 21 governments to issue permits for the use of streets, 22 roads, or rights-of-way not maintained by the state; 23 providing exemptions for certain charitable 24 solicitation activities; providing requirements; 25 providing construction; amending s. 768.28, F.S.; 26 deleting provisions providing that a municipality has 27 a duty to allow the municipal law enforcement agency 28 to respond to a riot or an unlawful assembly in a 29 specified manner based on specified circumstances; 30 deleting provisions providing that a municipality is 31 civilly liable for specified damages proximately 32 caused by the municipalitys specified breach of such 33 duty; amending s. 784.011, F.S.; deleting a criminal 34 penalty for an assault committed in furtherance of a 35 riot or an aggravated riot; amending s. 784.021, F.S.; 36 deleting a provision increasing the offense severity 37 ranking of an aggravated assault for the purposes of 38 the Criminal Punishment Code if committed in 39 furtherance of a riot or an aggravated riot; amending 40 s. 784.03, F.S.; deleting a criminal penalty for a 41 battery committed in furtherance of a riot or an 42 aggravated riot; conforming a provision to changes 43 made by the act; amending s. 784.045, F.S.; deleting a 44 provision increasing the offense severity ranking of 45 an aggravated battery for the purposes of the Criminal 46 Punishment Code if committed in furtherance of a riot 47 or an aggravated riot; repealing s. 784.0495, F.S., 48 relating to mob intimidation; amending s. 784.07, 49 F.S.; deleting a provision requiring a minimum term of 50 imprisonment for a person convicted of battery on a 51 law enforcement officer committed in furtherance of a 52 riot or an aggravated riot; deleting a provision 53 increasing the offense severity ranking of an assault 54 or battery against specified persons for the purposes 55 of the Criminal Punishment Code if committed in 56 furtherance of a riot or an aggravated riot; amending 57 s. 806.13, F.S.; deleting a criminal penalty 58 prohibiting the defacing, injuring, or damaging of a 59 memorial or historic property; deleting a provision 60 requiring a court to order restitution for such a 61 violation; repealing s. 806.135, F.S., relating to 62 destroying or demolishing a memorial or historic 63 property; amending s. 810.02, F.S.; deleting 64 provisions reclassifying specified burglary offenses 65 committed during a riot or an aggravated riot and 66 facilitated by conditions arising from the riot; 67 deleting the definition of the term conditions 68 arising from the riot; deleting a provision requiring 69 a person arrested for such a violation to be held in 70 custody until first appearance; amending s. 812.014, 71 F.S.; deleting provisions reclassifying specified 72 theft offenses committed during a riot or an 73 aggravated riot and facilitated by conditions arising 74 from the riot; deleting the definition of the term 75 conditions arising from the riot; deleting 76 provisions requiring a person arrested for such a 77 violation to be held in custody until first 78 appearance; repealing s. 836.115, F.S., relating to 79 cyberintimidation by publication; amending s. 870.01, 80 F.S.; revising provisions relating to affrays and 81 riots; providing criminal penalties for inciting or 82 encouraging a riot; deleting criminal penalties 83 relating to aggravated rioting; deleting criminal 84 penalties relating to inciting a riot and aggravated 85 inciting a riot; deleting a provision requiring 86 certain persons arrested for specified violations to 87 be held in custody until first appearance; amending s. 88 870.02, F.S.; deleting a provision requiring that 89 persons arrested for unlawful assembly be held in 90 custody until first appearance; reviving, reenacting, 91 and amending s. 870.03, F.S., relating to riots and 92 routs; making a technical change; repealing s. 870.07, 93 F.S., relating to an affirmative defense in a civil 94 action and parties convicted of rioting; amending s. 95 872.02, F.S.; deleting a provision increasing the 96 offense severity ranking of specified offenses 97 involving graves and tombs for the purposes of the 98 Criminal Punishment Code if committed in furtherance 99 of a riot or an aggravated riot; amending s. 921.0022, 100 F.S.; conforming provisions to changes made by the 101 act; providing an effective date. 102 103 Be It Enacted by the Legislature of the State of Florida: 104 105 Section 1.Section 166.241, Florida Statutes, is amended to 106 read: 107 166.241Fiscal years, budgets, appeal of municipal law 108 enforcement agency budget, and budget amendments. 109 (1)Each municipality shall establish a fiscal year 110 beginning October 1 of each year and ending September 30 of the 111 following year. 112 (2)The governing body of each municipality shall adopt a 113 budget each fiscal year. The budget must be adopted by ordinance 114 or resolution unless otherwise specified in the respective 115 municipalitys charter. The amount available from taxation and 116 other sources, including balances brought forward from prior 117 fiscal years, must equal the total appropriations for 118 expenditures and reserves. At a minimum, the adopted budget must 119 show for each fund, as required by law and sound financial 120 practices, budgeted revenues and expenditures by organizational 121 unit which are at least at the level of detail required for the 122 annual financial report under s. 218.32(1). The adopted budget 123 must regulate expenditures of the municipality, and an officer 124 of a municipal government may not expend or contract for 125 expenditures in any fiscal year except pursuant to the adopted 126 budget. 127 (3)The tentative budget must be posted on the 128 municipalitys official website at least 2 days before the 129 budget hearing, held pursuant to s. 200.065 or other law, to 130 consider such budget and must remain on the website for at least 131 45 days. The final adopted budget must be posted on the 132 municipalitys official website within 30 days after adoption 133 and must remain on the website for at least 2 years. If the 134 municipality does not operate an official website, the 135 municipality must, within a reasonable period of time as 136 established by the county or counties in which the municipality 137 is located, transmit the tentative budget and final budget to 138 the manager or administrator of such county or counties who 139 shall post the budgets on the countys website. 140 (4)(a)If the tentative budget of a municipality contains a 141 funding reduction to the operating budget of the municipal law 142 enforcement agency, the state attorney for the judicial circuit 143 in which the municipality is located, or a member of the 144 governing body who objects to the funding reduction, may file an 145 appeal by petition to the Administration Commission within 30 146 days after the day the tentative budget is posted to the 147 official website of the municipality under subsection (3). The 148 petition must set forth the tentative budget proposed by the 149 municipality, in the form and manner prescribed by the Executive 150 Office of the Governor and approved by the Administration 151 Commission, the operating budget of the municipal law 152 enforcement agency as approved by the municipality for the 153 previous year, and state the reasons or grounds for the appeal. 154 The petition shall be filed with the Executive Office of the 155 Governor and a copy served upon the governing body of the 156 municipality or to the clerk of the circuit court of the county 157 in which the municipality is located. 158 (b)The governing body of the municipality has 5 working 159 days after service of a copy of the petition to file a reply 160 with the Executive Office of the Governor and shall serve a copy 161 of such reply to the petitioner. 162 (5)Upon receipt of the petition, the Executive Office of 163 the Governor shall provide for a budget hearing at which the 164 matters presented in the petition and the reply shall be 165 considered. A report of the findings and recommendations of the 166 Executive Office of the Governor thereon shall be promptly 167 submitted to the Administration Commission, which, within 30 168 days, shall approve the action of the governing body of the 169 municipality or amend or modify the budget as to each separate 170 item within the operating budget of the municipal law 171 enforcement agency. The budget as approved, amended, or modified 172 by the Administration Commission shall be final. 173 (4)(6)By each October 15, the municipal budget officer 174 shall electronically submit the following information regarding 175 the final budget and the municipalitys economic status to the 176 Office of Economic and Demographic Research in the format 177 specified by the office: 178 (a)Government spending per resident, including, at a 179 minimum, the spending per resident for the previous 5 fiscal 180 years. 181 (b)Government debt per resident, including, at a minimum, 182 the debt per resident for the previous 5 fiscal years. 183 (c)Average municipal employee salary. 184 (d)Median income within the municipality. 185 (e)Number of special taxing districts wholly or partially 186 within the municipality. 187 (f)Percent of budget spent on salaries and benefits for 188 municipal employees. 189 (g)Annual municipal expenditures providing for the 190 financing, acquisition, construction, reconstruction, or 191 rehabilitation of housing that is affordable, as that term is 192 defined in s. 420.0004. The reported expenditures must indicate 193 the source of such funds as federal, state, local, or 194 other, as applicable. This information must be included in the 195 submission due by October 15, 2020, and each annual submission 196 thereafter. 197 (5)(7)The governing body of each municipality at any time 198 within a fiscal year or within 60 days following the end of the 199 fiscal year may amend a budget for that year as follows: 200 (a)Appropriations for expenditures within a fund may be 201 decreased or increased by motion recorded in the minutes if the 202 total appropriations of the fund is not changed. 203 (b)The governing body may establish procedures by which 204 the designated budget officer may authorize budget amendments if 205 the total appropriations of the fund is not changed. 206 (c)If a budget amendment is required for a purpose not 207 specifically authorized in paragraph (a) or paragraph (b), the 208 budget amendment must be adopted in the same manner as the 209 original budget unless otherwise specified in the municipalitys 210 charter. 211 (6)(8)If the governing body of a municipality amends the 212 budget pursuant to paragraph (5)(c) paragraph (7)(c), the 213 adopted amendment must be posted on the official website of the 214 municipality within 5 days after adoption and must remain on the 215 website for at least 2 years. If the municipality does not 216 operate an official website, the municipality must, within a 217 reasonable period of time as established by the county or 218 counties in which the municipality is located, transmit the 219 adopted amendment to the manager or administrator of such county 220 or counties who shall post the adopted amendment on the countys 221 website. 222 Section 2.Section 316.2045, Florida Statutes, is amended 223 to read: 224 316.2045Obstruction of public streets, highways, and 225 roads. 226 (1)(a)A person may not willfully obstruct the free, 227 convenient, and normal use of a public street, highway, or road 228 by: 229 1.Impeding, hindering, stifling, retarding, or restraining 230 traffic or passage thereon; 231 2.Standing on or approaching motor vehicles remaining in 232 the street, highway, or road; or 233 3.Endangering the safe movement of vehicles or pedestrians 234 traveling thereon. 235 (b)A person who violates paragraph (a) shall be cited for 236 a pedestrian violation, punishable as provided in chapter 318. 237 (c)This subsection does not prohibit a local governmental 238 entity from issuing a special event permit as authorized by law. 239 (2)It is unlawful, without proper authorization or a 240 lawful permit, for any person or persons willfully to obstruct 241 the free, convenient, and normal use of any public street, 242 highway, or road by any of the means specified in subsection (1) 243 in order to solicit. Any person who violates this subsection 244 commits a misdemeanor of the second degree, punishable as 245 provided in s. 775.082 or s. 775.083. Organizations qualified 246 under s. 501(c)(3) of the Internal Revenue Code and registered 247 pursuant to chapter 496, or persons or organizations acting on 248 their behalf, are exempted from this subsection for activities 249 on streets or roads not maintained by the state. Permits for the 250 use of any portion of a state-maintained road or right-of-way 251 shall be required only for those purposes and in the manner set 252 out in s. 337.406. 253 (3)Permits for the use of any street, road, or right-of 254 way not maintained by the state may be issued by the appropriate 255 local government. An organization that is qualified under s. 256 501(c)(3) of the Internal Revenue Code and registered under 257 chapter 496, or a person or an organization acting on behalf of 258 that organization, is exempt from local requirements for a 259 permit issued under this subsection for charitable solicitation 260 activities on or along streets or roads that are not maintained 261 by the state under the following conditions: 262 (a)The organization, or the person or organization acting 263 on behalf of the organization, must provide all of the following 264 to the local government: 265 1.No fewer than 14 calendar days before the proposed 266 solicitation, the name and address of the person or organization 267 that will perform the solicitation and the name and address of 268 the organization that will receive funds from the solicitation. 269 2.For review and comment, a plan for the safety of all 270 persons participating in the solicitation, as well as the 271 motoring public, at the locations where the solicitation will 272 take place. 273 3.Specific details of the location or locations of the 274 proposed solicitation and the hours during which the 275 solicitation activities will occur. 276 4.Proof of commercial general liability insurance against 277 claims for bodily injury and property damage occurring on 278 streets, roads, or rights-of-way or arising from the solicitors 279 activities or use of the streets, roads, or rights-of-way by the 280 solicitor or the solicitors agents, contractors, or employees. 281 The insurance must have a limit of not less than $1 million per 282 occurrence for the general aggregate. The certificate of 283 insurance must name the local government as an additional 284 insured and must be filed with the local government no later 285 than 72 hours before the date of the solicitation. 286 5.Proof of registration with the Department of Agriculture 287 and Consumer Services pursuant to s. 496.405 or proof that the 288 soliciting organization is exempt from the registration 289 requirement. 290 (b)Organizations or persons meeting the requirements of 291 subparagraphs (a)1.-5. may solicit for a period not to exceed 10 292 cumulative days within 1 calendar year. 293 (c)All solicitation must occur during daylight hours only. 294 (d)Solicitation activities may not interfere with the safe 295 and efficient movement of traffic and may not cause danger to 296 the participants or the public. 297 (e)A person engaging in solicitation activities may not 298 persist after solicitation has been denied, act in a demanding 299 or harassing manner, or use any sound- or voice-amplifying 300 apparatus or device. 301 (f)All persons participating in the solicitation must be 302 at least 18 years of age and possess photo identification. 303 (g)Signage providing notice of the solicitation must be 304 posted at least 500 feet before the site of the solicitation. 305 (h)The local government may stop solicitation activities 306 if any conditions or requirements of this subsection are not 307 met. 308 (4)This section may not be construed to inhibit political 309 campaigning on the public right-of-way or to require a permit 310 for such activity. 311 (5)(2)Notwithstanding subsection (1), any commercial 312 vehicle used solely for the purpose of collecting solid waste or 313 recyclable or recovered materials may stop or stand on any 314 public street, highway, or road for the sole purpose of 315 collecting solid waste or recyclable or recovered materials. 316 However, such solid waste or recyclable or recovered materials 317 collection vehicle shall show or display amber flashing hazard 318 lights at all times that it is engaged in stopping or standing 319 for the purpose of collecting solid waste or recyclable or 320 recovered materials. Local governments may establish reasonable 321 regulations governing the standing and stopping of such 322 commercial vehicles, provided that such regulations are applied 323 uniformly and without regard to the ownership of the vehicles. 324 Section 3.Section 768.28, Florida Statutes, is amended to 325 read: 326 768.28Waiver of sovereign immunity in tort actions; 327 recovery limits; civil liability for damages caused during a 328 riot; limitation on attorney fees; statute of limitations; 329 exclusions; indemnification; risk management programs. 330 (1)In accordance with s. 13, Art. X of the State 331 Constitution, the state, for itself and for its agencies or 332 subdivisions, hereby waives sovereign immunity for liability for 333 torts, but only to the extent specified in this act. Actions at 334 law against the state or any of its agencies or subdivisions to 335 recover damages in tort for money damages against the state or 336 its agencies or subdivisions for injury or loss of property, 337 personal injury, or death caused by the negligent or wrongful 338 act or omission of any employee of the agency or subdivision 339 while acting within the scope of the employees office or 340 employment under circumstances in which the state or such agency 341 or subdivision, if a private person, would be liable to the 342 claimant, in accordance with the general laws of this state, may 343 be prosecuted subject to the limitations specified in this act. 344 Any such action may be brought in the county where the property 345 in litigation is located or, if the affected agency or 346 subdivision has an office in such county for the transaction of 347 its customary business, where the cause of action accrued. 348 However, any such action against a state university board of 349 trustees shall be brought in the county in which that 350 universitys main campus is located or in the county in which 351 the cause of action accrued if the university maintains therein 352 a substantial presence for the transaction of its customary 353 business. 354 (2)As used in this act, state agencies or subdivisions 355 include the executive departments, the Legislature, the judicial 356 branch (including public defenders), and the independent 357 establishments of the state, including state university boards 358 of trustees; counties and municipalities; and corporations 359 primarily acting as instrumentalities or agencies of the state, 360 counties, or municipalities, including the Florida Space 361 Authority. 362 (3)Except for a municipality and the Florida Space 363 Authority, the affected agency or subdivision may, at its 364 discretion, request the assistance of the Department of 365 Financial Services in the consideration, adjustment, and 366 settlement of any claim under this act. 367 (4)Subject to the provisions of this section, any state 368 agency or subdivision shall have the right to appeal any award, 369 compromise, settlement, or determination to the court of 370 appropriate jurisdiction. 371 (5)(a)The state and its agencies and subdivisions shall be 372 liable for tort claims in the same manner and to the same extent 373 as a private individual under like circumstances, but liability 374 shall not include punitive damages or interest for the period 375 before judgment. Neither the state nor its agencies or 376 subdivisions shall be liable to pay a claim or a judgment by any 377 one person which exceeds the sum of $200,000 or any claim or 378 judgment, or portions thereof, which, when totaled with all 379 other claims or judgments paid by the state or its agencies or 380 subdivisions arising out of the same incident or occurrence, 381 exceeds the sum of $300,000. However, a judgment or judgments 382 may be claimed and rendered in excess of these amounts and may 383 be settled and paid pursuant to this act up to $200,000 or 384 $300,000, as the case may be; and that portion of the judgment 385 that exceeds these amounts may be reported to the Legislature, 386 but may be paid in part or in whole only by further act of the 387 Legislature. Notwithstanding the limited waiver of sovereign 388 immunity provided herein, the state or an agency or subdivision 389 thereof may agree, within the limits of insurance coverage 390 provided, to settle a claim made or a judgment rendered against 391 it without further action by the Legislature, but the state or 392 agency or subdivision thereof shall not be deemed to have waived 393 any defense of sovereign immunity or to have increased the 394 limits of its liability as a result of its obtaining insurance 395 coverage for tortious acts in excess of the $200,000 or $300,000 396 waiver provided above. The limitations of liability set forth in 397 this subsection shall apply to the state and its agencies and 398 subdivisions whether or not the state or its agencies or 399 subdivisions possessed sovereign immunity before July 1, 1974. 400 (b)A municipality has a duty to allow the municipal law 401 enforcement agency to respond appropriately to protect persons 402 and property during a riot or an unlawful assembly based on the 403 availability of adequate equipment to its municipal law 404 enforcement officers and relevant state and federal laws. If the 405 governing body of a municipality or a person authorized by the 406 governing body of the municipality breaches that duty, the 407 municipality is civilly liable for any damages, including 408 damages arising from personal injury, wrongful death, or 409 property damages proximately caused by the municipalitys breach 410 of duty. The sovereign immunity recovery limits in paragraph (a) 411 do not apply to an action under this paragraph. 412 (6)(a)An action may not be instituted on a claim against 413 the state or one of its agencies or subdivisions unless the 414 claimant presents the claim in writing to the appropriate 415 agency, and also, except as to any claim against a municipality, 416 county, or the Florida Space Authority, presents such claim in 417 writing to the Department of Financial Services, within 3 years 418 after such claim accrues and the Department of Financial 419 Services or the appropriate agency denies the claim in writing; 420 except that, if: 421 1.Such claim is for contribution pursuant to s. 768.31, it 422 must be so presented within 6 months after the judgment against 423 the tortfeasor seeking contribution has become final by lapse of 424 time for appeal or after appellate review or, if there is no 425 such judgment, within 6 months after the tortfeasor seeking 426 contribution has either discharged the common liability by 427 payment or agreed, while the action is pending against her or 428 him, to discharge the common liability; or 429 2.Such action is for wrongful death, the claimant must 430 present the claim in writing to the Department of Financial 431 Services within 2 years after the claim accrues. 432 (b)For purposes of this section, the requirements of 433 notice to the agency and denial of the claim pursuant to 434 paragraph (a) are conditions precedent to maintaining an action 435 but shall not be deemed to be elements of the cause of action 436 and shall not affect the date on which the cause of action 437 accrues. 438 (c)The claimant shall also provide to the agency the 439 claimants date and place of birth and social security number if 440 the claimant is an individual, or a federal identification 441 number if the claimant is not an individual. The claimant shall 442 also state the case style, tribunal, the nature and amount of 443 all adjudicated penalties, fines, fees, victim restitution fund, 444 and other judgments in excess of $200, whether imposed by a 445 civil, criminal, or administrative tribunal, owed by the 446 claimant to the state, its agency, officer or subdivision. If 447 there exists no prior adjudicated unpaid claim in excess of 448 $200, the claimant shall so state. 449 (d)For purposes of this section, complete, accurate, and 450 timely compliance with the requirements of paragraph (c) shall 451 occur prior to settlement payment, close of discovery or 452 commencement of trial, whichever is sooner; provided the ability 453 to plead setoff is not precluded by the delay. This setoff shall 454 apply only against that part of the settlement or judgment 455 payable to the claimant, minus claimants reasonable attorneys 456 fees and costs. Incomplete or inaccurate disclosure of unpaid 457 adjudicated claims due the state, its agency, officer, or 458 subdivision, may be excused by the court upon a showing by the 459 preponderance of the evidence of the claimants lack of 460 knowledge of an adjudicated claim and reasonable inquiry by, or 461 on behalf of, the claimant to obtain the information from public 462 records. Unless the appropriate agency had actual notice of the 463 information required to be disclosed by paragraph (c) in time to 464 assert a setoff, an unexcused failure to disclose shall, upon 465 hearing and order of court, cause the claimant to be liable for 466 double the original undisclosed judgment and, upon further 467 motion, the court shall enter judgment for the agency in that 468 amount. Except as provided otherwise in this subsection, the 469 failure of the Department of Financial Services or the 470 appropriate agency to make final disposition of a claim within 6 471 months after it is filed shall be deemed a final denial of the 472 claim for purposes of this section. For purposes of this 473 subsection, in medical malpractice actions and in wrongful death 474 actions, the failure of the Department of Financial Services or 475 the appropriate agency to make final disposition of a claim 476 within 90 days after it is filed shall be deemed a final denial 477 of the claim. The statute of limitations for medical malpractice 478 actions and wrongful death actions is tolled for the period of 479 time taken by the Department of Financial Services or the 480 appropriate agency to deny the claim. The provisions of this 481 subsection do not apply to such claims as may be asserted by 482 counterclaim pursuant to s. 768.14. 483 (7)In actions brought pursuant to this section, process 484 shall be served upon the head of the agency concerned and also, 485 except as to a defendant municipality, county, or the Florida 486 Space Authority, upon the Department of Financial Services; and 487 the department or the agency concerned shall have 30 days within 488 which to plead thereto. 489 (8)No attorney may charge, demand, receive, or collect, 490 for services rendered, fees in excess of 25 percent of any 491 judgment or settlement. 492 (9)(a)An officer, employee, or agent of the state or of 493 any of its subdivisions may not be held personally liable in 494 tort or named as a party defendant in any action for any injury 495 or damage suffered as a result of any act, event, or omission of 496 action in the scope of her or his employment or function, unless 497 such officer, employee, or agent acted in bad faith or with 498 malicious purpose or in a manner exhibiting wanton and willful 499 disregard of human rights, safety, or property. However, such 500 officer, employee, or agent shall be considered an adverse 501 witness in a tort action for any injury or damage suffered as a 502 result of any act, event, or omission of action in the scope of 503 her or his employment or function. The exclusive remedy for 504 injury or damage suffered as a result of an act, event, or 505 omission of an officer, employee, or agent of the state or any 506 of its subdivisions or constitutional officers is by action 507 against the governmental entity, or the head of such entity in 508 her or his official capacity, or the constitutional officer of 509 which the officer, employee, or agent is an employee, unless 510 such act or omission was committed in bad faith or with 511 malicious purpose or in a manner exhibiting wanton and willful 512 disregard of human rights, safety, or property. The state or its 513 subdivisions are not liable in tort for the acts or omissions of 514 an officer, employee, or agent committed while acting outside 515 the course and scope of her or his employment or committed in 516 bad faith or with malicious purpose or in a manner exhibiting 517 wanton and willful disregard of human rights, safety, or 518 property. 519 (b)As used in this subsection, the term: 520 1.Employee includes any volunteer firefighter. 521 2.Officer, employee, or agent includes, but is not 522 limited to, any health care provider when providing services 523 pursuant to s. 766.1115; any nonprofit independent college or 524 university located and chartered in this state which owns or 525 operates an accredited medical school, and its employees or 526 agents, when providing patient services pursuant to paragraph 527 (10)(f); any public defender or her or his employee or agent, 528 including an assistant public defender or an investigator; and 529 any member of a Child Protection Team, as defined in s. 530 39.01(13), when carrying out her or his duties as a team member 531 under the control, direction, and supervision of the state or 532 any of its agencies or subdivisions. 533 (c)For purposes of the waiver of sovereign immunity only, 534 a member of the Florida National Guard is not acting within the 535 scope of state employment when performing duty under the 536 provisions of Title 10 or Title 32 of the United States Code or 537 other applicable federal law; and neither the state nor any 538 individual may be named in any action under this chapter arising 539 from the performance of such federal duty. 540 (d)The employing agency of a law enforcement officer as 541 defined in s. 943.10 is not liable for injury, death, or 542 property damage effected or caused by a person fleeing from a 543 law enforcement officer in a motor vehicle if: 544 1.The pursuit is conducted in a manner that does not 545 involve conduct by the officer which is so reckless or wanting 546 in care as to constitute disregard of human life, human rights, 547 safety, or the property of another; 548 2.At the time the law enforcement officer initiates the 549 pursuit, the officer reasonably believes that the person fleeing 550 has committed a forcible felony as defined in s. 776.08; and 551 3.The pursuit is conducted by the officer pursuant to a 552 written policy governing high-speed pursuit adopted by the 553 employing agency. The policy must contain specific procedures 554 concerning the proper method to initiate and terminate high 555 speed pursuit. The law enforcement officer must have received 556 instructional training from the employing agency on the written 557 policy governing high-speed pursuit. 558 (10)(a)Health care providers or vendors, or any of their 559 employees or agents, that have contractually agreed to act as 560 agents of the Department of Corrections to provide health care 561 services to inmates of the state correctional system shall be 562 considered agents of the State of Florida, Department of 563 Corrections, for the purposes of this section, while acting 564 within the scope of and pursuant to guidelines established in 565 said contract or by rule. The contracts shall provide for the 566 indemnification of the state by the agent for any liabilities 567 incurred up to the limits set out in this chapter. 568 (b)This subsection shall not be construed as designating 569 persons providing contracted health care services to inmates as 570 employees or agents of the state for the purposes of chapter 571 440. 572 (c)For purposes of this section, regional poison control 573 centers created in accordance with s. 395.1027 and coordinated 574 and supervised under the Division of Childrens Medical Services 575 Prevention and Intervention of the Department of Health, or any 576 of their employees or agents, shall be considered agents of the 577 State of Florida, Department of Health. Any contracts with 578 poison control centers must provide, to the extent permitted by 579 law, for the indemnification of the state by the agency for any 580 liabilities incurred up to the limits set out in this chapter. 581 (d)For the purposes of this section, operators, 582 dispatchers, and providers of security for rail services and 583 rail facility maintenance providers in the South Florida Rail 584 Corridor, or any of their employees or agents, performing such 585 services under contract with and on behalf of the South Florida 586 Regional Transportation Authority or the Department of 587 Transportation shall be considered agents of the state while 588 acting within the scope of and pursuant to guidelines 589 established in said contract or by rule. 590 (e)For purposes of this section, a professional firm that 591 provides monitoring and inspection services of the work required 592 for state roadway, bridge, or other transportation facility 593 construction projects, or any of the firms employees performing 594 such services, shall be considered agents of the Department of 595 Transportation while acting within the scope of the firms 596 contract with the Department of Transportation to ensure that 597 the project is constructed in conformity with the projects 598 plans, specifications, and contract provisions. Any contract 599 between the professional firm and the state, to the extent 600 permitted by law, shall provide for the indemnification of the 601 department for any liability, including reasonable attorneys 602 fees, incurred up to the limits set out in this chapter to the 603 extent caused by the negligence of the firm or its employees. 604 This paragraph shall not be construed as designating persons who 605 provide monitoring and inspection services as employees or 606 agents of the state for purposes of chapter 440. This paragraph 607 is not applicable to the professional firm or its employees if 608 involved in an accident while operating a motor vehicle. This 609 paragraph is not applicable to a firm engaged by the Department 610 of Transportation for the design or construction of a state 611 roadway, bridge, or other transportation facility construction 612 project or to its employees, agents, or subcontractors. 613 (f)For purposes of this section, any nonprofit independent 614 college or university located and chartered in this state which 615 owns or operates an accredited medical school, or any of its 616 employees or agents, and which has agreed in an affiliation 617 agreement or other contract to provide, or permit its employees 618 or agents to provide, patient services as agents of a teaching 619 hospital, is considered an agent of the teaching hospital while 620 acting within the scope of and pursuant to guidelines 621 established in the affiliation agreement or other contract. To 622 the extent allowed by law, the contract must provide for the 623 indemnification of the teaching hospital, up to the limits set 624 out in this chapter, by the agent for any liability incurred 625 which was caused by the negligence of the college or university 626 or its employees or agents. The contract must also provide that 627 those limited portions of the college, university, or medical 628 school which are directly providing services pursuant to the 629 contract and which are considered an agent of the teaching 630 hospital for purposes of this section are deemed to be acting on 631 behalf of a public agency as defined in s. 119.011(2). 632 1.For purposes of this paragraph, the term: 633 a.Employee or agent means an officer, employee, agent, 634 or servant of a nonprofit independent college or university 635 located and chartered in this state which owns or operates an 636 accredited medical school, including, but not limited to, the 637 faculty of the medical school, any health care practitioner or 638 licensee as defined in s. 456.001 for which the college or 639 university is vicariously liable, and the staff or 640 administrators of the medical school. 641 b.Patient services mean: 642 (I)Comprehensive health care services as defined in s. 643 641.19, including any related administrative service, provided 644 to patients in a teaching hospital; 645 (II)Training and supervision of interns, residents, and 646 fellows providing patient services in a teaching hospital; or 647 (III)Training and supervision of medical students in a 648 teaching hospital. 649 c.Teaching hospital means a teaching hospital as defined 650 in s. 408.07 which is owned or operated by the state, a county 651 or municipality, a public health trust, a special taxing 652 district, a governmental entity having health care 653 responsibilities, or a not-for-profit entity that operates such 654 facility as an agent of the state, or a political subdivision of 655 the state, under a lease or other contract. 656 2.The teaching hospital or the medical school, or its 657 employees or agents, must provide notice to each patient, or the 658 patients legal representative, that the college or university 659 that owns or operates the medical school and the employees or 660 agents of that college or university are acting as agents of the 661 teaching hospital and that the exclusive remedy for injury or 662 damage suffered as the result of any act or omission of the 663 teaching hospital, the college or university that owns or 664 operates the medical school, or the employees or agents of the 665 college or university, while acting within the scope of duties 666 pursuant to the affiliation agreement or other contract with a 667 teaching hospital, is by commencement of an action pursuant to 668 the provisions of this section. This notice requirement may be 669 met by posting the notice in a place conspicuous to all persons. 670 3.This paragraph does not designate any employee providing 671 contracted patient services in a teaching hospital as an 672 employee or agent of the state for purposes of chapter 440. 673 (g)For the purposes of this section, the executive 674 director of the Board of Nursing, when serving as the state 675 administrator of the Nurse Licensure Compact pursuant to s. 676 464.0095, and any administrator, officer, executive director, 677 employee, or representative of the Interstate Commission of 678 Nurse Licensure Compact Administrators, when acting within the 679 scope of their employment, duties, or responsibilities in this 680 state, are considered agents of the state. The commission shall 681 pay any claims or judgments pursuant to this section and may 682 maintain insurance coverage to pay any such claims or judgments. 683 (11)(a)Providers or vendors, or any of their employees or 684 agents, that have contractually agreed to act on behalf of the 685 state as agents of the Department of Juvenile Justice to provide 686 services to children in need of services, families in need of 687 services, or juvenile offenders are, solely with respect to such 688 services, agents of the state for purposes of this section while 689 acting within the scope of and pursuant to guidelines 690 established in the contract or by rule. A contract must provide 691 for the indemnification of the state by the agent for any 692 liabilities incurred up to the limits set out in this chapter. 693 (b)This subsection does not designate a person who 694 provides contracted services to juvenile offenders as an 695 employee or agent of the state for purposes of chapter 440. 696 (12)(a)A health care practitioner, as defined in s. 697 456.001(4), who has contractually agreed to act as an agent of a 698 state university board of trustees to provide medical services 699 to a student athlete for participation in or as a result of 700 intercollegiate athletics, to include team practices, training, 701 and competitions, shall be considered an agent of the respective 702 state university board of trustees, for the purposes of this 703 section, while acting within the scope of and pursuant to 704 guidelines established in that contract. The contracts shall 705 provide for the indemnification of the state by the agent for 706 any liabilities incurred up to the limits set out in this 707 chapter. 708 (b)This subsection shall not be construed as designating 709 persons providing contracted health care services to athletes as 710 employees or agents of a state university board of trustees for 711 the purposes of chapter 440. 712 (13)Laws allowing the state or its agencies or 713 subdivisions to buy insurance are still in force and effect and 714 are not restricted in any way by the terms of this act. 715 (14)Every claim against the state or one of its agencies 716 or subdivisions for damages for a negligent or wrongful act or 717 omission pursuant to this section shall be forever barred unless 718 the civil action is commenced by filing a complaint in the court 719 of appropriate jurisdiction within 4 years after such claim 720 accrues; except that an action for contribution must be 721 commenced within the limitations provided in s. 768.31(4), and 722 an action for damages arising from medical malpractice or 723 wrongful death must be commenced within the limitations for such 724 actions in s. 95.11(4). 725 (15)No action may be brought against the state or any of 726 its agencies or subdivisions by anyone who unlawfully 727 participates in a riot, unlawful assembly, public demonstration, 728 mob violence, or civil disobedience if the claim arises out of 729 such riot, unlawful assembly, public demonstration, mob 730 violence, or civil disobedience. Nothing in this act shall 731 abridge traditional immunities pertaining to statements made in 732 court. 733 (16)(a)The state and its agencies and subdivisions are 734 authorized to be self-insured, to enter into risk management 735 programs, or to purchase liability insurance for whatever 736 coverage they may choose, or to have any combination thereof, in 737 anticipation of any claim, judgment, and claims bill which they 738 may be liable to pay pursuant to this section. Agencies or 739 subdivisions, and sheriffs, that are subject to homogeneous 740 risks may purchase insurance jointly or may join together as 741 self-insurers to provide other means of protection against tort 742 claims, any charter provisions or laws to the contrary 743 notwithstanding. 744 (b)Claims files maintained by any risk management program 745 administered by the state, its agencies, and its subdivisions 746 are confidential and exempt from the provisions of s. 119.07(1) 747 and s. 24(a), Art. I of the State Constitution until termination 748 of all litigation and settlement of all claims arising out of 749 the same incident, although portions of the claims files may 750 remain exempt, as otherwise provided by law. Claims files 751 records may be released to other governmental agencies upon 752 written request and demonstration of need; such records held by 753 the receiving agency remain confidential and exempt as provided 754 for in this paragraph. 755 (c)Portions of meetings and proceedings conducted pursuant 756 to any risk management program administered by the state, its 757 agencies, or its subdivisions, which relate solely to the 758 evaluation of claims filed with the risk management program or 759 which relate solely to offers of compromise of claims filed with 760 the risk management program are exempt from the provisions of s. 761 286.011 and s. 24(b), Art. I of the State Constitution. Until 762 termination of all litigation and settlement of all claims 763 arising out of the same incident, persons privy to discussions 764 pertinent to the evaluation of a filed claim shall not be 765 subject to subpoena in any administrative or civil proceeding 766 with regard to the content of those discussions. 767 (d)Minutes of the meetings and proceedings of any risk 768 management program administered by the state, its agencies, or 769 its subdivisions, which relate solely to the evaluation of 770 claims filed with the risk management program or which relate 771 solely to offers of compromise of claims filed with the risk 772 management program are exempt from the provisions of s. 773 119.07(1) and s. 24(a), Art. I of the State Constitution until 774 termination of all litigation and settlement of all claims 775 arising out of the same incident. 776 (17)This section, as amended by chapter 81-317, Laws of 777 Florida, shall apply only to causes of actions which accrue on 778 or after October 1, 1981. 779 (18)No provision of this section, or of any other section 780 of the Florida Statutes, whether read separately or in 781 conjunction with any other provision, shall be construed to 782 waive the immunity of the state or any of its agencies from suit 783 in federal court, as such immunity is guaranteed by the Eleventh 784 Amendment to the Constitution of the United States, unless such 785 waiver is explicitly and definitely stated to be a waiver of the 786 immunity of the state and its agencies from suit in federal 787 court. This subsection shall not be construed to mean that the 788 state has at any time previously waived, by implication, its 789 immunity, or that of any of its agencies, from suit in federal 790 court through any statute in existence prior to June 24, 1984. 791 (19)Neither the state nor any agency or subdivision of the 792 state waives any defense of sovereign immunity, or increases the 793 limits of its liability, upon entering into a contractual 794 relationship with another agency or subdivision of the state. 795 Such a contract must not contain any provision that requires one 796 party to indemnify or insure the other party for the other 797 partys negligence or to assume any liability for the other 798 partys negligence. This does not preclude a party from 799 requiring a nongovernmental entity to provide such 800 indemnification or insurance. The restrictions of this 801 subsection do not prevent a regional water supply authority from 802 indemnifying and assuming the liabilities of its member 803 governments for obligations arising from past acts or omissions 804 at or with property acquired from a member government by the 805 authority and arising from the acts or omissions of the 806 authority in performing activities contemplated by an interlocal 807 agreement. Such indemnification may not be considered to 808 increase or otherwise waive the limits of liability to third 809 party claimants established by this section. 810 (20)Every municipality, and any agency thereof, is 811 authorized to undertake to indemnify those employees that are 812 exposed to personal liability pursuant to the Clean Air Act 813 Amendments of 1990, 42 U.S.C.A. ss. 7401 et seq., and all rules 814 and regulations adopted to implement that act, for acts 815 performed within the course and scope of their employment with 816 the municipality or its agency, including but not limited to 817 indemnification pertaining to the holding, transfer, or 818 disposition of allowances allocated to the municipalitys or its 819 agencys electric generating units, and the monitoring, 820 submission, certification, and compliance with permits, permit 821 applications, records, compliance plans, and reports for those 822 units, when such acts are performed within the course and scope 823 of their employment with the municipality or its agency. The 824 authority to indemnify under this section covers every act by an 825 employee when such act is performed within the course and scope 826 of her or his employment with the municipality or its agency, 827 but does not cover any act of willful misconduct or any 828 intentional or knowing violation of any law by the employee. The 829 authority to indemnify under this section includes, but is not 830 limited to, the authority to pay any fine and provide legal 831 representation in any action. 832 Section 4.Subsections (2) and (3) of section 784.011, 833 Florida Statutes, are amended to read: 834 784.011Assault. 835 (2)Except as provided in subsection (3), A person who 836 assaults another person commits a misdemeanor of the second 837 degree, punishable as provided in s. 775.082 or s. 775.083. 838 (3)A person who assaults another person in furtherance of 839 a riot or an aggravated riot prohibited under s. 870.01 commits 840 a misdemeanor of the first degree, punishable as provided in s. 841 775.082 or s. 775.083. 842 Section 5.Subsection (3) of section 784.021, Florida 843 Statutes, is amended to read: 844 784.021Aggravated assault. 845 (3)For the purposes of sentencing under chapter 921, a 846 violation of this section committed by a person acting in 847 furtherance of a riot or an aggravated riot prohibited under s. 848 870.01 is ranked one level above the ranking under s. 921.0022 849 for the offense committed. 850 Section 6.Subsections (1) and (3) of section 784.03, 851 Florida Statutes, are amended to read: 852 784.03Battery; felony battery. 853 (1)(a)The offense of battery occurs when a person: 854 1.Actually and intentionally touches or strikes another 855 person against the will of the other; or 856 2.Intentionally causes bodily harm to another person. 857 (b)Except as provided in subsection (2) or subsection (3), 858 a person who commits battery commits a misdemeanor of the first 859 degree, punishable as provided in s. 775.082 or s. 775.083. 860 (3)A person who commits a battery in furtherance of a riot 861 or an aggravated riot prohibited under s. 870.01 commits a 862 felony of the third degree, punishable as provided in s. 863 775.082, s. 775.083, or 775.084. 864 Section 7.Subsection (3) of section 784.045, Florida 865 Statutes, is amended to read: 866 784.045Aggravated battery. 867 (3)For the purposes of sentencing under chapter 921, a 868 violation of this section committed by a person acting in 869 furtherance of a riot or an aggravated riot prohibited under s. 870 870.01 is ranked one level above the ranking under s. 921.0022 871 for the offense committed. 872 Section 8.Section 784.0495, Florida Statutes, is repealed. 873 Section 9.Subsections (2) and (4) of section 784.07, 874 Florida Statutes, are amended to read: 875 784.07Assault or battery of law enforcement officers, 876 firefighters, emergency medical care providers, public transit 877 employees or agents, or other specified officers; 878 reclassification of offenses; minimum sentences. 879 (2)Whenever any person is charged with knowingly 880 committing an assault or battery upon a law enforcement officer, 881 a firefighter, an emergency medical care provider, a railroad 882 special officer, a traffic accident investigation officer as 883 described in s. 316.640, a nonsworn law enforcement agency 884 employee who is certified as an agency inspector, a blood 885 alcohol analyst, or a breath test operator while such employee 886 is in uniform and engaged in processing, testing, evaluating, 887 analyzing, or transporting a person who is detained or under 888 arrest for DUI, a law enforcement explorer, a traffic infraction 889 enforcement officer as described in s. 316.640, a parking 890 enforcement specialist as defined in s. 316.640, a person 891 licensed as a security officer as defined in s. 493.6101 and 892 wearing a uniform that bears at least one patch or emblem that 893 is visible at all times that clearly identifies the employing 894 agency and that clearly identifies the person as a licensed 895 security officer, or a security officer employed by the board of 896 trustees of a community college, while the officer, firefighter, 897 emergency medical care provider, railroad special officer, 898 traffic accident investigation officer, traffic infraction 899 enforcement officer, inspector, analyst, operator, law 900 enforcement explorer, parking enforcement specialist, public 901 transit employee or agent, or security officer is engaged in the 902 lawful performance of his or her duties, the offense for which 903 the person is charged shall be reclassified as follows: 904 (a)In the case of assault, from a misdemeanor of the 905 second degree to a misdemeanor of the first degree. 906 (b)In the case of battery, from a misdemeanor of the first 907 degree to a felony of the third degree. Notwithstanding any 908 other provision of law, a person convicted of battery upon a law 909 enforcement officer committed in furtherance of a riot or an 910 aggravated riot prohibited under s. 870.01 shall be sentenced to 911 a minimum term of imprisonment of 6 months. 912 (c)In the case of aggravated assault, from a felony of the 913 third degree to a felony of the second degree. Notwithstanding 914 any other provision of law, any person convicted of aggravated 915 assault upon a law enforcement officer shall be sentenced to a 916 minimum term of imprisonment of 3 years. 917 (d)In the case of aggravated battery, from a felony of the 918 second degree to a felony of the first degree. Notwithstanding 919 any other provision of law, any person convicted of aggravated 920 battery of a law enforcement officer shall be sentenced to a 921 minimum term of imprisonment of 5 years. 922 (4)For purposes of sentencing under chapter 921, a felony 923 violation of this section committed by a person acting in 924 furtherance of a riot or an aggravated riot prohibited under s. 925 870.01 is ranked one level above the ranking under s. 921.0022 926 for the offense committed. 927 Section 10.Subsections (3) and (9) of section 806.13, 928 Florida Statutes, are amended to read: 929 806.13Criminal mischief; penalties; penalty for minor. 930 (3)Any person who, without the consent of the owner 931 thereof, willfully and maliciously defaces, injures, or 932 otherwise damages by any means a memorial or historic property, 933 as defined in s. 806.135(1), and the value of the damage to the 934 memorial or historic property is greater than $200, commits a 935 felony of the third degree, punishable as provided in s. 936 775.082, s. 775.083, or s. 775.084. A court shall order any 937 person convicted of violating this subsection to pay 938 restitution, which shall include the full cost of repair or 939 replacement of such memorial or historic property. 940 (8)(9)A minor whose driver license or driving privilege is 941 revoked, suspended, or withheld under subsection (7) (8) may 942 elect to reduce the period of revocation, suspension, or 943 withholding by performing community service at the rate of 1 day 944 for each hour of community service performed. In addition, if 945 the court determines that due to a family hardship, the minors 946 driver license or driving privilege is necessary for employment 947 or medical purposes of the minor or a member of the minors 948 family, the court shall order the minor to perform community 949 service and reduce the period of revocation, suspension, or 950 withholding at the rate of 1 day for each hour of community 951 service performed. As used in this subsection, the term 952 community service means cleaning graffiti from public 953 property. 954 Section 11.Section 806.135, Florida Statutes, is repealed. 955 Section 12.Subsections (3) and (4) of section 810.02, 956 Florida Statutes, are amended to read: 957 810.02Burglary. 958 (3)Burglary is a felony of the second degree, punishable 959 as provided in s. 775.082, s. 775.083, or s. 775.084, if, in the 960 course of committing the offense, the offender does not make an 961 assault or battery and is not and does not become armed with a 962 dangerous weapon or explosive, and the offender enters or 963 remains in a: 964 (a)Dwelling, and there is another person in the dwelling 965 at the time the offender enters or remains; 966 (b)Dwelling, and there is not another person in the 967 dwelling at the time the offender enters or remains; 968 (c)Structure, and there is another person in the structure 969 at the time the offender enters or remains; 970 (d)Conveyance, and there is another person in the 971 conveyance at the time the offender enters or remains; 972 (e)Authorized emergency vehicle, as defined in s. 316.003; 973 or 974 (f)Structure or conveyance when the offense intended to be 975 committed therein is theft of a controlled substance as defined 976 in s. 893.02. Notwithstanding any other law, separate judgments 977 and sentences for burglary with the intent to commit theft of a 978 controlled substance under this paragraph and for any applicable 979 possession of controlled substance offense under s. 893.13 or 980 trafficking in controlled substance offense under s. 893.135 may 981 be imposed when all such offenses involve the same amount or 982 amounts of a controlled substance. 983 984 However, if the burglary is committed during a riot or an 985 aggravated riot prohibited under s. 870.01 and the perpetration 986 of the burglary is facilitated by conditions arising from the 987 riot; or within a county that is subject to a state of emergency 988 declared by the Governor under chapter 252 after the declaration 989 of emergency is made and the perpetration of the burglary is 990 facilitated by conditions arising from the emergency, the 991 burglary is a felony of the first degree, punishable as provided 992 in s. 775.082, s. 775.083, or s. 775.084. As used in this 993 subsection, the term conditions arising from the riot means 994 civil unrest, power outages, curfews, or a reduction in the 995 presence of or response time for first responders or homeland 996 security personnel and the term conditions arising from the 997 emergency means civil unrest, power outages, curfews, voluntary 998 or mandatory evacuations, or a reduction in the presence of or 999 response time for first responders or homeland security 1000 personnel. A person arrested for committing a burglary during a 1001 riot or an aggravated riot or within a county that is subject to 1002 such a state of emergency may not be released until the person 1003 appears before a committing magistrate at a first appearance 1004 hearing. For purposes of sentencing under chapter 921, a felony 1005 offense that is reclassified under this subsection is ranked one 1006 level above the ranking under s. 921.0022 or s. 921.0023 of the 1007 offense committed. 1008 (4)Burglary is a felony of the third degree, punishable as 1009 provided in s. 775.082, s. 775.083, or s. 775.084, if, in the 1010 course of committing the offense, the offender does not make an 1011 assault or battery and is not and does not become armed with a 1012 dangerous weapon or explosive, and the offender enters or 1013 remains in a: 1014 (a)Structure, and there is not another person in the 1015 structure at the time the offender enters or remains; or 1016 (b)Conveyance, and there is not another person in the 1017 conveyance at the time the offender enters or remains. 1018 1019 However, if the burglary is committed during a riot or an 1020 aggravated riot prohibited under s. 870.01 and the perpetration 1021 of the burglary is facilitated by conditions arising from the 1022 riot; or within a county that is subject to a state of emergency 1023 declared by the Governor under chapter 252 after the declaration 1024 of emergency is made and the perpetration of the burglary is 1025 facilitated by conditions arising from the emergency, the 1026 burglary is a felony of the second degree, punishable as 1027 provided in s. 775.082, s. 775.083, or s. 775.084. As used in 1028 this subsection, the term terms conditions arising from the 1029 riot and conditions arising from the emergency has have the 1030 same meaning meanings as provided in subsection (3). A person 1031 arrested for committing a burglary during a riot or an 1032 aggravated riot or within a county that is subject to such a 1033 state of emergency may not be released until the person appears 1034 before a committing magistrate at a first appearance hearing. 1035 For purposes of sentencing under chapter 921, a felony offense 1036 that is reclassified under this subsection is ranked one level 1037 above the ranking under s. 921.0022 or s. 921.0023 of the 1038 offense committed. 1039 Section 13.Paragraphs (b) and (c) of subsection (2) of 1040 section 812.014, Florida Statutes, are amended to read: 1041 812.014Theft. 1042 (2) 1043 (b)1.If the property stolen is valued at $20,000 or more, 1044 but less than $100,000; 1045 2.The property stolen is cargo valued at less than $50,000 1046 that has entered the stream of interstate or intrastate commerce 1047 from the shippers loading platform to the consignees receiving 1048 dock; 1049 3.The property stolen is emergency medical equipment, 1050 valued at $300 or more, that is taken from a facility licensed 1051 under chapter 395 or from an aircraft or vehicle permitted under 1052 chapter 401; or 1053 4.The property stolen is law enforcement equipment, valued 1054 at $300 or more, that is taken from an authorized emergency 1055 vehicle, as defined in s. 316.003, 1056 1057 the offender commits grand theft in the second degree, 1058 punishable as a felony of the second degree, as provided in s. 1059 775.082, s. 775.083, or s. 775.084. Emergency medical equipment 1060 means mechanical or electronic apparatus used to provide 1061 emergency services and care as defined in s. 395.002(9) or to 1062 treat medical emergencies. Law enforcement equipment means any 1063 property, device, or apparatus used by any law enforcement 1064 officer as defined in s. 943.10 in the officers official 1065 business. However, if the property is stolen during a riot or an 1066 aggravated riot prohibited under s. 870.01 and the perpetration 1067 of the theft is facilitated by conditions arising from the riot; 1068 or within a county that is subject to a state of emergency 1069 declared by the Governor under chapter 252, the theft is 1070 committed after the declaration of emergency is made, and the 1071 perpetration of the theft is facilitated by conditions arising 1072 from the emergency, the theft is a felony of the first degree, 1073 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1074 As used in this paragraph, the term conditions arising from the 1075 riot means civil unrest, power outages, curfews, or a reduction 1076 in the presence of or response time for first responders or 1077 homeland security personnel and the term conditions arising 1078 from the emergency means civil unrest, power outages, curfews, 1079 voluntary or mandatory evacuations, or a reduction in the 1080 presence of or response time for first responders or homeland 1081 security personnel. A person arrested for committing a theft 1082 during a riot or an aggravated riot or within a county that is 1083 subject to a state of emergency may not be released until the 1084 person appears before a committing magistrate at a first 1085 appearance hearing. For purposes of sentencing under chapter 1086 921, a felony offense that is reclassified under this paragraph 1087 is ranked one level above the ranking under s. 921.0022 or s. 1088 921.0023 of the offense committed. 1089 (c)It is grand theft of the third degree and a felony of 1090 the third degree, punishable as provided in s. 775.082, s. 1091 775.083, or s. 775.084, if the property stolen is: 1092 1.Valued at $750 or more, but less than $5,000. 1093 2.Valued at $5,000 or more, but less than $10,000. 1094 3.Valued at $10,000 or more, but less than $20,000. 1095 4.A will, codicil, or other testamentary instrument. 1096 5.A firearm. 1097 6.A motor vehicle, except as provided in paragraph (a). 1098 7.Any commercially farmed animal, including any animal of 1099 the equine, avian, bovine, or swine class or other grazing 1100 animal; a bee colony of a registered beekeeper; and aquaculture 1101 species raised at a certified aquaculture facility. If the 1102 property stolen is a commercially farmed animal, including an 1103 animal of the equine, avian, bovine, or swine class or other 1104 grazing animal; a bee colony of a registered beekeeper; or an 1105 aquaculture species raised at a certified aquaculture facility, 1106 a $10,000 fine shall be imposed. 1107 8.Any fire extinguisher that, at the time of the taking, 1108 was installed in any building for the purpose of fire prevention 1109 and control. This subparagraph does not apply to a fire 1110 extinguisher taken from the inventory at a point-of-sale 1111 business. 1112 9.Any amount of citrus fruit consisting of 2,000 or more 1113 individual pieces of fruit. 1114 10.Taken from a designated construction site identified by 1115 the posting of a sign as provided for in s. 810.09(2)(d). 1116 11.Any stop sign. 1117 12.Anhydrous ammonia. 1118 13.Any amount of a controlled substance as defined in s. 1119 893.02. Notwithstanding any other law, separate judgments and 1120 sentences for theft of a controlled substance under this 1121 subparagraph and for any applicable possession of controlled 1122 substance offense under s. 893.13 or trafficking in controlled 1123 substance offense under s. 893.135 may be imposed when all such 1124 offenses involve the same amount or amounts of a controlled 1125 substance. 1126 1127 However, if the property is stolen during a riot or an 1128 aggravated riot prohibited under s. 870.01 and the perpetration 1129 of the theft is facilitated by conditions arising from the riot; 1130 or within a county that is subject to a state of emergency 1131 declared by the Governor under chapter 252, the property is 1132 stolen after the declaration of emergency is made, and the 1133 perpetration of the theft is facilitated by conditions arising 1134 from the emergency, the offender commits a felony of the second 1135 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1136 775.084, if the property is valued at $5,000 or more, but less 1137 than $10,000, as provided under subparagraph 2., or if the 1138 property is valued at $10,000 or more, but less than $20,000, as 1139 provided under subparagraph 3. As used in this paragraph, the 1140 term terms conditions arising from a riot and conditions 1141 arising from the emergency has have the same meaning meanings 1142 as provided in paragraph (b). A person arrested for committing a 1143 theft during a riot or an aggravated riot or within a county 1144 that is subject to a state of emergency may not be released 1145 until the person appears before a committing magistrate at a 1146 first appearance hearing. For purposes of sentencing under 1147 chapter 921, a felony offense that is reclassified under this 1148 paragraph is ranked one level above the ranking under s. 1149 921.0022 or s. 921.0023 of the offense committed. 1150 Section 14.Section 836.115, Florida Statutes, is repealed. 1151 Section 15.Section 870.01, Florida Statutes, is amended to 1152 read: 1153 870.01Affrays and riots. 1154 (1)A person commits an affray if he or she engages, by 1155 mutual consent, in fighting with another person in a public 1156 place to the terror of the people. A person who commits an 1157 affray commits a misdemeanor of the first degree, punishable as 1158 provided in s. 775.082 or s. 775.083. 1159 (2)A person who commits a riot, or who incites or 1160 encourages a riot, if he or she willfully participates in a 1161 violent public disturbance involving an assembly of three or 1162 more persons, acting with a common intent to assist each other 1163 in violent and disorderly conduct, resulting in: 1164 (a)Injury to another person; 1165 (b)Damage to property; or 1166 (c)Imminent danger of injury to another person or damage 1167 to property. 1168 1169 A person who commits a riot commits a felony of the third 1170 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1171 775.084. 1172 (3)A person commits aggravated rioting if, in the course 1173 of committing a riot, he or she: 1174 (a)Participates with 25 or more other persons; 1175 (b)Causes great bodily harm to a person not participating 1176 in the riot; 1177 (c)Causes property damage in excess of $5,000; 1178 (d)Displays, uses, threatens to use, or attempts to use a 1179 deadly weapon; or 1180 (e)By force, or threat of force, endangers the safe 1181 movement of a vehicle traveling on a public street, highway, or 1182 road. 1183 1184 A person who commits aggravated rioting commits a felony of the 1185 second degree, punishable as provided in s. 775.082, s. 775.083, 1186 or s. 775.084. 1187 (4)A person commits inciting a riot if he or she willfully 1188 incites another person to participate in a riot, resulting in a 1189 riot or imminent danger of a riot. A person who commits inciting 1190 a riot commits a felony of the third degree, punishable as 1191 provided in s. 775.082, s. 775.083, or s. 775.084. 1192 (5)A person commits aggravated inciting a riot if he or 1193 she: 1194 (a)Incites a riot resulting in great bodily harm to 1195 another person not participating in the riot; 1196 (b)Incites a riot resulting in property damage in excess 1197 of $5,000; or 1198 (c)Supplies a deadly weapon to another person or teaches 1199 another person to prepare a deadly weapon with intent that the 1200 deadly weapon be used in a riot for an unlawful purpose. 1201 1202 A person who commits aggravated inciting a riot commits a felony 1203 of the second degree, punishable as provided in s. 775.082, s. 1204 775.083, or s. 775.084. 1205 (6)Except for a violation of subsection (1), a person 1206 arrested for a violation of this section shall be held in 1207 custody until brought before the court for admittance to bail in 1208 accordance with chapter 903. 1209 (7)This section does not prohibit constitutionally 1210 protected activity such as a peaceful protest. 1211 Section 16.Section 870.02, Florida Statutes, is amended to 1212 read: 1213 870.02Unlawful assemblies. 1214 (1)If three or more persons meet together to commit a 1215 breach of the peace, or to do any other unlawful act, each of 1216 them commits a misdemeanor of the second degree, punishable as 1217 provided in s. 775.082 or s. 775.083. 1218 (2)A person arrested for a violation of this section shall 1219 be held in custody until brought before the court for admittance 1220 to bail in accordance with chapter 903. 1221 Section 17.Notwithstanding the April 19, 2021, repeal of 1222 section 870.03, Florida Statutes, that section is revived, 1223 reenacted, and amended to read: 1224 870.03Riots and routs.If any persons unlawfully assembled 1225 demolish, pull down or destroy, or begin to demolish, pull down 1226 or destroy, any dwelling house or other building, or any ship or 1227 vessel, each such person commits of them shall be guilty of a 1228 felony of the third degree, punishable as provided in s. 1229 775.082, s. 775.083, or s. 775.084. 1230 Section 18.Section 870.07, Florida Statutes, is repealed. 1231 Section 19.Subsections (3) and (7) of section 872.02, 1232 Florida Statutes, are amended to read: 1233 872.02Injuring or removing tomb or monument; disturbing 1234 contents of grave or tomb; penalties. 1235 (3)For purposes of sentencing under chapter 921, a 1236 violation of this section committed by a person in furtherance 1237 of a riot or an aggravated riot prohibited under s. 870.01 is 1238 ranked one level above the ranking under s. 921.0022 or s. 1239 921.0023 for the offense committed. 1240 (6)(7)If a legally authorized person refuses to sign a 1241 written authorization, as provided in paragraph (5)(a) (6)(a), 1242 or if a legally authorized person objects, as provided in 1243 paragraph (5)(b) (6)(b), a public hearing shall be held before 1244 the county commission of the county where the cemetery is 1245 located, or the city council, if the cemetery is located in a 1246 municipality, and the county commission or the city council 1247 shall have the authority to grant a request for relocation of 1248 the contents of such graves or tombs. 1249 Section 20.Paragraphs (b), (c), and (d) of subsection (3) 1250 of section 921.0022, Florida Statutes, are amended to read: 1251 921.0022Criminal Punishment Code; offense severity ranking 1252 chart. 1253 (3)OFFENSE SEVERITY RANKING CHART 1254 (b)LEVEL 2 1255 1256 FloridaStatute FelonyDegree Description 1257 379.2431(1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act. 1258 379.2431(1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act. 1259 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. 1260 517.07(2) 3rd Failure to furnish a prospectus meeting requirements. 1261 590.28(1) 3rd Intentional burning of lands. 1262 784.03(3) 3rd Battery during a riot or an aggravated riot. 1263 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death. 1264 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits. 1265 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service. 1266 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property. 1267 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary. 1268 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property. 1269 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000. 1270 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling. 1271 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure. 1272 817.234(1)(a)2. 3rd False statement in support of insurance claim. 1273 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300. 1274 817.52(3) 3rd Failure to redeliver hired vehicle. 1275 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation. 1276 817.60(5) 3rd Dealing in credit cards of another. 1277 817.60(6)(a) 3rd Forgery; purchase goods, services with false card. 1278 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months. 1279 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related. 1280 831.01 3rd Forgery. 1281 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud. 1282 831.07 3rd Forging bank bills, checks, drafts, or promissory notes. 1283 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts. 1284 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes. 1285 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes. 1286 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud. 1287 843.08 3rd False personation. 1288 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. 1289 893.147(2) 3rd Manufacture or delivery of drug paraphernalia. 1290 (c)LEVEL 3 1291 1292 FloridaStatute FelonyDegree Description 1293 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 1294 316.066(3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 1295 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 1296 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 1297 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 1298 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 1299 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 1300 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 1301 327.35(2)(b) 3rd Felony BUI. 1302 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 1303 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 1304 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 1305 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. 1306 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. 1307 379.2431(1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 1308 400.9935(4)(a)or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 1309 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 1310 440.1051(3) 3rd False report of workers compensation fraud or retaliation for making such a report. 1311 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 1312 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 1313 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 1314 626.902(1)(a) &(b) 3rd Representing an unauthorized insurer. 1315 697.08 3rd Equity skimming. 1316 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 1317 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 1318 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 1319 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 1320 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 1321 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 1322 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 1323 812.081(2) 3rd Theft of a trade secret. 1324 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property. 1325 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 1326 817.233 3rd Burning to defraud insurer. 1327 817.234(8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 1328 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 1329 817.236 3rd Filing a false motor vehicle insurance application. 1330 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 1331 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 1332 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 1333 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 1334 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 1335 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 1336 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse. 1337 860.15(3) 3rd Overcharging for repairs and parts. 1338 870.01(2) 3rd Riot; inciting or encouraging. 1339 870.01(4) 3rd Inciting a riot. 1340 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other 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). 1341 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. 1342 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. 1343 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 1344 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 1345 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 1346 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 1347 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 1348 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 1349 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 practitioners practice. 1350 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioners practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 1351 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 1352 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. 1353 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 1354 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 1355 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 1356 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 1357 (d)LEVEL 4 1358 1359 FloridaStatute FelonyDegree Description 1360 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. 1361 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements. 1362 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs. 1363 517.07(1) 3rd Failure to register securities. 1364 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register. 1365 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc. 1366 784.074(1)(c) 3rd Battery of sexually violent predators facility staff. 1367 784.075 3rd Battery on detention or commitment facility staff. 1368 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials. 1369 784.08(2)(c) 3rd Battery on a person 65 years of age or older. 1370 784.081(3) 3rd Battery on specified official or employee. 1371 784.082(3) 3rd Battery by detained person on visitor or other detainee. 1372 784.083(3) 3rd Battery on code inspector. 1373 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials. 1374 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian. 1375 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings. 1376 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person. 1377 787.07 3rd Human smuggling. 1378 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school. 1379 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property. 1380 790.115(2)(c) 3rd Possessing firearm on school property. 1381 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years. 1382 806.135 2nd Destroying or demolishing a memorial or historic property. 1383 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery. 1384 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery. 1385 810.06 3rd Burglary; possession of tools. 1386 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon. 1387 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000. 1388 812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items. 1389 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more. 1390 817.505(4)(a) 3rd Patient brokering. 1391 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs. 1392 817.568(2)(a) 3rd Fraudulent use of personal identification information. 1393 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder. 1394 817.625(2)(c) 3rd Possess, sell, or deliver skimming device. 1395 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle. 1396 837.02(1) 3rd Perjury in official proceedings. 1397 837.021(1) 3rd Make contradictory statements in official proceedings. 1398 838.022 3rd Official misconduct. 1399 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency. 1400 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families. 1401 843.021 3rd Possession of a concealed handcuff key by a person in custody. 1402 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication. 1403 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping). 1404 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years. 1405 870.01(3) 2nd Aggravated rioting. 1406 870.01(5) 2nd Aggravated inciting a riot. 1407 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang. 1408 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). 1409 914.14(2) 3rd Witnesses accepting bribes. 1410 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant. 1411 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury. 1412 916.1085(2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities. 1413 918.12 3rd Tampering with jurors. 1414 934.215 3rd Use of two-way communications device to facilitate commission of a crime. 1415 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution. 1416 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. 1417 Section 21.This act shall take effect upon becoming a law.