ENROLLED
CS/CS/HB 269 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0269-03-er
Page 1 of 7
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
1
An act relating to public nuisances; amending s. 2
403.413, F.S.; prohibiting a person from distributing 3
onto private property any material for the purpose of 4
intimidating or threatening the owner, resident, or 5
invitee of such property; providing criminal 6
penalties; prohibiting a person from distributing onto 7
private property any material which contains a 8
credible threat to the owner, resident, or invitee of 9
such property; providing criminal penalties; providing 10
a definition; creating s. 784.0493, F.S.; providing 11
definitions; prohibiting a person from willfully and 12
maliciously harassing, threatening, or intimidating 13
another person based on the person's wearing or 14
displaying of any indicia relating to any religious or 15
ethnic heritage; providing criminal penalties; 16
requiring that violations be reported as hate crimes; 17
amending s. 806.13, F.S.; prohibiting the display or 18
projection of images onto a building, structur e, or 19
property without permission; providing a definition; 20
providing criminal penalties; providing construction; 21
creating s. 810.098, F.S.; prohibiting a person who 22
willfully enters the campus of a state university or 23
Florida College System institution for the purpose of 24
threatening or intimidating another person from 25
ENROLLED
CS/CS/HB 269 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0269-03-er
Page 2 of 7
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
remaining on such campus after being warned to depart; 26
providing criminal penalties; providing construction; 27
providing definitions; amending s. 871.01, F.S.; 28
prohibiting interference with cert ain assemblies; 29
providing a criminal penalty; providing construction; 30
providing an effective date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Paragraph (a) of subsection (6) of section 35
403.413, Florida Statutes, is amend ed to read: 36
403.413 Florida Litter Law. — 37
(6) PENALTIES; ENFORCEMENT. — 38
(a)1. Except as provided in subparagraph 2., any person 39
who dumps litter in violation of subsection (4) in an amount not 40
exceeding 15 pounds in weight or 27 cubic feet in volume an d not 41
for commercial purposes commits a noncriminal infraction, 42
punishable by a civil penalty of $150, from which $50 shall be 43
deposited into the Solid Waste Management Trust Fund to be used 44
for the solid waste management grant program pursuant to s. 45
403.7095. 46
2.a. If a person violates subparagraph 1. by intentionally 47
dumping litter onto private property for the purpose of 48
intimidating or threatening the owner, resident, or invitee of 49
such property, the person commits a misdemeanor of the first 50
ENROLLED
CS/CS/HB 269 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0269-03-er
Page 3 of 7
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
degree, punishable as provided in s. 775.082 or s. 775.083. 51
b. If a person violates subparagraph 1. by intentionally 52
dumping litter onto private property for the purpose of 53
intimidating the owner, resident, or invitee of such property 54
and such litter contains a c redible threat, the person commits a 55
felony of the third degree, punishable as provided in s. 56
775.082, s. 775.083, or s. 775.084. For purposes of this 57
subparagraph, the term "credible threat" has the same meaning as 58
in s. 784.048(1). 59
c. If the penalty fo r a violation of this subparagraph is 60
reclassified under s. 775.085, such a violation is considered a 61
hate crime for purposes of the reporting requirements of s. 62
877.19. 63
64
In addition, the court may require a person who violates this 65
subsection the violator to pick up litter or perform other labor 66
commensurate with the offense committed. 67
Section 2. Section 784.0493, Florida Statutes, is created 68
to read: 69
784.0493 Harassment or intimidation based on religious or 70
ethnic heritage.— 71
(1) As used in this se ction, the terms "credible threat" 72
and "harass" have the same meaning as in s. 784.048(1). 73
(2) A person may not willfully and maliciously harass or 74
intimidate another person based on the person's wearing or 75
ENROLLED
CS/CS/HB 269 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0269-03-er
Page 4 of 7
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
displaying of any indicia relating to any reli gious or ethnic 76
heritage. 77
(3) A person who violates subsection (2) commits a 78
misdemeanor of the first degree, punishable as provided in s. 79
775.082 or s. 775.083. 80
(4) A person who violates subsection (2), and in the 81
course of committing the violation makes a credible threat to 82
the person who is the subject of the harassment or intimidation, 83
commits a felony of the third degree, punishable as provided in 84
s. 775.082, s. 775.083, or s. 775.084. 85
(5) A violation of this section is considered a hate crime 86
for purposes of the reporting requirements of s. 877.19. 87
Section 3. Subsections (6) through (10) of section 806.13, 88
Florida Statutes, are renumbered as subsections (7) through 89
(11), respectively, present subsection ( 9) of that section is 90
amended, and a new subsection (6) is added to that section, to 91
read: 92
806.13 Criminal mischief; penalties; penalty for minor. — 93
(6) A person may not knowingly and intentionally display 94
or project, using any medium, an image onto a b uilding, 95
structure, or other property without the written consent of the 96
owner of the building, structure, or property. For purposes of 97
this subsection, the term "image" means a visual representation 98
or likeness of a person or object, including text, graph ics, 99
logos, other artwork, or any combination thereof. 100
ENROLLED
CS/CS/HB 269 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0269-03-er
Page 5 of 7
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) A person who violates this subsection commits a 101
misdemeanor of the first degree, punishable as provided in s. 102
775.082 or s. 775.083. 103
(b) A person who violates this subsection by displaying or 104
projecting an image that contains a credible threat, as that 105
term is defined in s. 784.048(1), commits a felony of the third 106
degree, punishable as provided in s. 775.082, s. 775.083, or s. 107
775.084. 108
(c) If the penalty for a violation of this subsection is 109
reclassified under s. 775.085, such a violation is considered a 110
hate crime for purposes of the reporting requirements of s. 111
877.19. 112
(10)(9) A minor whose driver license or driving privilege 113
is revoked, suspended, or withheld under subsection (9)(8) may 114
elect to reduce the period of revocation, suspension, or 115
withholding by performing community service at the rate of 1 day 116
for each hour of community service performed. In addition, if 117
the court determines that due to a family hardship, the minor's 118
driver license or driving privilege is necessary for employment 119
or medical purposes of the minor or a member of the minor's 120
family, the court shall order the minor to perform community 121
service and reduce the period of revocation, suspension, or 122
withholding at the r ate of 1 day for each hour of community 123
service performed. As used in this subsection, the term 124
"community service" means cleaning graffiti from public 125
ENROLLED
CS/CS/HB 269 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0269-03-er
Page 6 of 7
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
property. 126
Section 4. Section 810.098, Florida Statutes, is created 127
to read: 128
810.098 Trespass for t he purpose of threatening or 129
intimidating another person. — 130
(1)(a) Whoever, without being authorized, licensed, or 131
invited, willfully enters the campus of a state university or 132
Florida College System institution for the purpose of 133
threatening or intimidat ing another person, and is warned by the 134
state university or Florida College System institution to depart 135
and refuses to do so, commits a misdemeanor of the first degree, 136
punishable as provided in s. 775.082 or s. 775.083. 137
(b) If the penalty for a violat ion of this subsection is 138
reclassified under s. 775.085, such a violation is considered a 139
hate crime for purposes of the reporting requirements of s. 140
877.19. 141
(2) As used in this section, the terms "Florida College 142
System institution" and "state universit y" have the same meaning 143
as in s. 1000.21(3) and (6), respectively. 144
Section 5. Subsection (1) of section 871.01, Florida 145
Statutes, is amended to read: 146
871.01 Disturbing schools and religious and other 147
assemblies.— 148
(1)(a) Whoever willfully and maliciously interrupts or 149
disturbs any school or any assembly of people met for the 150
ENROLLED
CS/CS/HB 269 2023 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb0269-03-er
Page 7 of 7
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
worship of God, any assembly of people met for the purpose of 151
acknowledging the death of an individual, or for any other 152
lawful purpose commits a misdemeanor of the first second degree, 153
punishable as provided in s. 775.082 or s. 775.083. 154
(b) If a person commits a violation of paragraph (a) and 155
in doing so makes a credible threat, as that term is defined in 156
s. 784.048(1), he or she commits a felony of the third degree, 157
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 158
(c) If the penalty for a violation of this subsection is 159
reclassified under s. 775.085, such a violation is considered a 160
hate crime for purposes of the reporting requirements of s. 161
877.19. 162
Section 6. This act shall take effect upon becoming a law. 163