HB 269 2023
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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 public nuisances; amending s. 2
403.413, F.S.; prohibiting the distribution of certain 3
materials that leads to littering; providing for 4
reclassification of certain offenses; providing 5
criminal penalties; requiring that certain violations 6
be reported as hate crimes; amending s. 784.048, F.S.; 7
prohibiting stalking of certain individuals; providing 8
criminal penalties; requiring that violation s be 9
reported as hate crimes; amending s. 806.13, F.S.; 10
prohibiting willful and malicious defacement, injury, 11
or damage to certain property; removing a minimum 12
damage requirement for a violation; providing 13
construction; prohibiting the projection of certai n 14
images onto buildings or other property without 15
permission; providing criminal penalties; requiring 16
that certain violations be reported as hate crimes; 17
amending s. 871.01, F.S.; prohibiting interference 18
with certain assemblies; providing enhanced crimina l 19
penalties for persons who commit violations while 20
evidencing religious or ethnic animus; requiring that 21
certain violations be reported as hate crimes; 22
providing an effective date. 23
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Be It Enacted by the Legislature of the State of Florida: 25
HB 269 2023
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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
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Section 1. Paragraphs (a) of subsection (6) of section 27
403.413, Florida Statutes, is amended to read: 28
403.413 Florida Litter Law. — 29
(6) PENALTIES; ENFORCEMENT. — 30
(a)1. Except as provided in subparagraph 2., any person 31
who dumps litter in violation of subsect ion (4) in an amount not 32
exceeding 15 pounds in weight or 27 cubic feet in volume and not 33
for commercial purposes commits a noncriminal infraction, 34
punishable by a civil penalty of $150, from which $50 shall be 35
deposited into the Solid Waste Management Tru st Fund to be used 36
for the solid waste management grant program pursuant to s. 37
403.7095. 38
2.a Except as provided in sub -subparagraph b., a person 39
who distributes pamphlets, flyers, or other materials, whether 40
for commercial or noncommercial purposes, in a public place, 41
including outside a private residence, and such materials 42
discarded by recipients, leads to littering, commits a 43
misdemeanor of the first degree, punishable as provided in s. 44
775.082 or s. 775.083. 45
b. If a violation of sub -subparagraph a. involves material 46
that evidences religious or ethnic animus, including content 47
described in s. 806.13(2)(b), the offense is reclassified as a 48
felony of the third degree, punishable as provided in s. 49
775.082, s. 775.083, or s. 775.084. A violation of this s ub-50
HB 269 2023
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subparagraph shall be considered a hate crime for purposes of 51
the reporting requirements of s. 877.19. 52
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In addition, the court may require a person who violates this 54
subsection the violator to pick up litter or perform other labor 55
commensurate with the offense committed. 56
Section 2. Subsection (9) of section 784.048, Florida 57
Statutes, is renumbered as subsection (10), and a new subsection 58
(9) is added to that section, to read: 59
784.048 Stalking; definitions; penalties. — 60
(9) A person who willfully f ollows, harasses, or 61
interferes with another person's quiet enjoyment based on the 62
person's wearing of religious -based garments or garments 63
commonly associated with a particular religious or ethnic group 64
or any other indicia of any religious or ethnic heri tage commits 65
the offense of aggravated stalking, a felony of the third 66
degree, punishable as provided in s. 775.082, s. 775.083, or s. 67
775.084. A violation of this subsection shall be considered a 68
hate crime for purposes of the reporting requirements of s. 69
877.19. 70
Section 3. Subsections (6) through (10) of section 806.13, 71
Florida Statutes, are renumbered as subsections (7) through 72
(11), respectively, subsection (2) and present subsection (9) of 73
that section are amended, and a new subsection (6) is added to 74
that section, to read: 75
HB 269 2023
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806.13 Criminal mischief; penalties; penalty for minor. — 76
(2)(a) Any person who willfully and maliciously defaces, 77
injures, or damages by any means : 78
1. Any church, synagogue, mosque, or other place of 79
worship, or any religious article contained therein ;, 80
2. Any religious cemetery or gravesite; any grave marker 81
with a religious symbol; or any memorial, plaque, statue, or 82
museum with any indicia of any religious or ethnic heritage, 83
including any Holocaust Memorial; 84
3. Any school or community center with any indicia of any 85
religious or ethnic heritage; or 86
4. Any willful and malicious defacement, injury, or damage 87
to public or private property that evi dences religious or ethnic 88
animus, 89
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commits a felony of the third degree, punishable as provided in 91
s. 775.082, s. 775.083, or s. 775.084 , if the damage to the 92
property is greater than $200 . 93
(b) A violation of this subsection includes any physical 94
manifestations of anti-Semitism directed toward a Jewish or non -95
Jewish individual or his or her property or toward Jewish 96
community institutions or religious facilities, Jewish 97
cemeteries, or Jewish gravesites. Such expression includes the 98
use of a Nazi symbol s uch as a swastika. 99
(c) A violation of this subsection shall be considered a 100
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hate crime for purposes of the reporting requirements of s. 101
877.19. 102
(6) A person who projects an image outdoors onto a 103
publicly or privately owned building or other property, w ithout 104
written consent of the owner of the building or other property, 105
commits: 106
(a) Except as provided in paragraph (b), a misdemeanor of 107
the first degree, punishable as provided in s. 775.082 or s. 108
775.083. 109
(b) If the image projected evidences religio us or ethnic 110
animus, including content described in paragraph (2)(b), a 111
felony of the third degree, punishable as provided in s. 112
775.082, s. 775.083, or s. 775.084. A violation of this 113
paragraph shall be considered a hate crime for purposes of the 114
reporting requirements of s. 877.19. 115
(10)(9) A minor whose driver license or driving privilege 116
is revoked, suspended, or withheld under subsection (9)(8) may 117
elect to reduce the period of revocation, suspension, or 118
withholding by performing community service at the rate of 1 day 119
for each hour of community service performed. In addition, if 120
the court determines that due to a family hardship, the minor's 121
driver license or driving privilege is necessary for employment 122
or medical purposes of the minor or a member of the minor's 123
family, the court shall order the minor to perform community 124
service and reduce the period of revocation, suspension, or 125
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withholding at the rate of 1 day for each hour of community 126
service performed. As used in this subsection, the term 127
"community service" means cleaning graffiti from public 128
property. 129
Section 4. Subsection (1) of section 871.01, Florida 130
Statutes, is amended to read: 131
871.01 Disturbing schools and religious and other 132
assemblies.— 133
(1) Whoever willfully interrupts or disturb s any school or 134
any assembly of people met for the worship of God , any assembly 135
of people for the purpose of acknowledging the death of an 136
individual, or for any other lawful purpose commits : 137
(a) Except as provided in paragraph (b), a misdemeanor of 138
the second degree, punishable as provided in s. 775.082 or s. 139
775.083. 140
(b) If a person who violates this subsection evidences 141
religious or ethnic animus, including content described in s. 142
806.13(2)(b), during the commission of the offense the offense 143
is reclassified as a felony of the third degree, punishable as 144
provided in s. 775.082, s. 775.083, or s. 775.084. A violation 145
of this paragraph shall be considered a hate crime for purposes 146
of the reporting requirements of s. 877.19. 147
Section 5. This act shall take effect October 1, 2023. 148