This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0269c.JUA
DATE: 3/15/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 269 Public Nuisances
SPONSOR(S): Criminal Justice Subcommittee, Caruso and others
TIED BILLS: IDEN./SIM. BILLS: SB 994
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 18 Y, 0 N, As CS Padgett Hall
2) Justice Appropriations Subcommittee 14 Y, 1 N Smith Keith
3) Judiciary Committee
SUMMARY ANALYSIS
CS/HB 269 makes several changes relating to public nuisances as follows:
Amends s. 403.413, F.S., to prohibit a person from intentionally dumping litter onto private residential
property that evidences religious or ethnic animus for the purpose of intimidating or threatening the
owner or resident of such property. A violation is punishable as a third degree felony and is considered
a hate crime for purposes of the reporting requirements in s. 877.19, F.S.
Creates s. 784.0493, F.S., to prohibit a person from willfully and maliciously harassing, threatening, or
intimidating another person based on the person’s wearing or displaying of any indicia relating to any
religious or ethnic heritage. A violation is punishable as a third degree felony and is required to be
reported as a hate crime under s. 877.19, F.S.
Amends s. 806.13(2), F.S., to:
o Remove the $200 damage threshold required for damage to a church, synagogue, mosque, or a
religious article therein to be punishable as a third degree felony.
o Prohibit a person, punishable as a third degree felony, from willfully and maliciously defacing,
injuring, or damaging any:
Cemetery, grave, or memorial which the person knows, or should reasonably have known, is
associated with a particular religious or ethnic heritage; or
School or community center which a person knows, or should reasonably have known, is
associated with a particular religious or ethnic heritage.
Amends s. 806.13(6), F.S., to create a new prohibition against displaying or projecting, using any
medium, an image onto a building, structure, or other property without the written consent of the owner
of the building, structure, or property, a violation of which is punishable as a first degree misdemeanor.
Creates s. 810.098, F.S., to create a new trespass offense if a person who is not authorized, licensed,
or invited willfully enters the campus of a state university or Florida College System institution for the
purpose of threatening or intimidating another person, and is warned by the state university or Florida
College System institution to depart and refuses to do so. A violation is punishable as a first degree
misdemeanor.
Amends s. 871.01(1), F.S., to:
o Require a violation of s. 871.01(1), F.S., to be both willful and malicious;
o Prohibit a person from willfully and maliciously interrupting or disturbing any assembly of people
met for the purpose of acknowledging the death of an individual; and
o Increase the penalty for a violation of s. 871.01(1), F.S., from a second degree misdemeanor to
a first degree misdemeanor.
The bill may have a positive indeterminate prison bed and jail bed impact by creating new felony and
misdemeanor offenses.
The bill provides an effective date of October 1, 2023. STORAGE NAME: h0269c.JUA PAGE: 2
DATE: 3/15/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Littering
Background
Section 403.413, F.S., prohibits a person from dumping
1
any litter:
2
In or on any public highway, road, street, alley, or thoroughfare, including any portion of the
right-of-way thereof, or any other public lands, except in containers or areas lawfully provided
therefor.
In or on any freshwater lake, river, canal, or stream or tidal or coastal water of the state,
including canals.
In or on any private property, unless prior consent of the owner has been given and unless the
dumping of such litter by such person will not cause a public nuisance or otherwise be in
violation of any other state or local law, rule, or regulation.
The penalty for littering generally corresponds to the amount of litter discarded:
3
Amount of Litter Penalty
< 15 pounds or < 27 cubic feet Noncriminal violation
4
> 15 pounds but < 500 pounds
or
> 27 cubic feet but < 100 cubic feet
First degree misdemeanor
5
> 500 pounds
or
> 100 cubic feet
Third degree felony
6
Effect of Proposed Changes – Littering
CS/HB 269 amends s. 403.413, F.S., to prohibit a person from intentionally dumping litter onto private
residential property that evidences religious or ethnic animus for the purpose of intimidating or
threatening the owner or resident of such property. A violation is punishable as a third degree felony
and is considered a hate crime for purposes of the reporting requirements in s. 877.19, F.S.
7
Criminal Mischief
1
“Dump” means to dump, throw, discard, place, deposit, or dispose of. S. 403.413(2)(f), F.S.
2
“Litter” means any garbage; rubbish; trash; refuse; can; bottle; box; container; paper; tobacco product; tire; appliance; mechanical
equipment or part; building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm
machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or
substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations.
S. 403.413(2)(f), F.S.
3
S. 403.413(6), F.S.
4
A “noncriminal violation” means any offense that is punishable under the laws of this state, or that would be punishable if committed
in this state, by no other penalty than a fine, forfeiture, or other civil penalty. A noncriminal violation does not constitute a crime, and
conviction for a noncriminal violation shall not give rise to any legal disability based on a criminal offense. S. 775.08(3), F.S
5
A first degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. Ss. 775.082 and 775.083, F.S.
6
A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082 and 775.083, F.S.
7
Section 877.19, F.S., requires all law enforcement agencies in Florida to report monthly to the Florida Department of Law
Enforcement (FDLE) incidents of criminal acts that evidence prejudice based on race, religion, ethnicity, color, ancestry, sexual
orientation, or national origin. FDLE is required to compile such data and, upon request, disseminate such data to any local law
enforcement agency, unit of local government, or state agency. STORAGE NAME: h0269c.JUA PAGE: 3
DATE: 3/15/2023
Background
Criminal Mischief – Generally
A person commits criminal mischief by willfully and maliciously injuring or damaging the property of
another, including by vandalism or graffiti.
8
The penalty for criminal mischief generally corresponds to
the value of the damage:
Value of Damage
9
Penalty
≤ $200 Second degree misdemeanor
> $200 but ≤ $1,000 First degree misdemeanor
> $1,000 Third degree felony
Criminal mischief may also be enhanced to a third degree felony based on a prior criminal mischief
conviction
10
or the nature of the property damaged, including when a person damages a:
Church, synagogue, mosque, or other place of worship, or a religious article therein, if the
damage is valued at greater than $200.
11
A memorial
12
or historic property,
13
if the damage is valued at greater than $200.
14
Public telephone, regardless of the value of the damage.
15
Sexually violent predator detention or commitment facility, if the damage is valued at greater
than $200.
16
Effect of Proposed Changes – Criminal Mischief
Criminal Mischief – Memorials, Schools, and Community Centers
The bill amends s. 806.13(2), F.S., to remove the $200 damage threshold required for damage to a
church, synagogue, mosque, or a religious article therein to be punishable as a third degree felony.
Under the bill, a person who willfully and maliciously defaces, injures, or damages a church,
synagogue, mosque, or religious article therein is subject to a third degree felony, regardless of the
amount of damage caused.
The bill prohibits a person from willfully and maliciously defacing, injuring, or damaging any:
8
S. 806.13(1)(a), F.S.
9
S. 806.13(1)(b), F.S.
10
S. 806.13(1)(b)4., F.S.
11
S. 806.13(2), F.S.
12
“Memorial” means a plaque, statue, marker, flag, banner, cenotaph, religious symbol, painting, seal, tombstone, structure name, or
display that is constructed and located with the intent of being permanently displayed or perpetually maintained; is dedicated to a
historical person, an entity, an event, or a series of events; and honors or recounts the military service of any past or present United
States Armed Forces military personnel, or the past or present public service of a resident of the geographical area comprising the state
or the United States. The term includes, but is not limited to, the following memorials established under ch. 265, F.S.:
Florida Women's Hall of Fame.
Florida Medal of Honor Wall.
Florida Veterans' Hall of Fame.
POW-MIA Chair of Honor Memorial.
Florida Veterans' Walk of Honor and Florida Veterans' Memorial Garden.
Florida Law Enforcement Officers' Hall of Fame.
Florida Holocaust Memorial.
Florida Slavery Memorial.
Any other memorial located within the Capitol Complex, including, but not limited to, Waller Park.
S. 806.135(1)(b), F.S.
13
“Historic property” means any building, structure, site, or object that has been officially designated as a historic building, historic
structure, historic site, or historic object through a federal, state, or local designation program. S. 806.135(1)(a), F.S.
14
S. 806.13(3), F.S.
15
S. 806.13(4), F.S.
16
S. 806.13(5), F.S. STORAGE NAME: h0269c.JUA PAGE: 4
DATE: 3/15/2023
Cemetery, grave,
17
or memorial
18
which the person knows, or reasonably should have known, is
associated with a particular religious or ethnic heritage; or
School or community center which the person knows, or reasonably should have known, is
associated with a particular religious or ethnic heritage.
A violation is punishable as a third degree felony and is considered a hate crime for purposes of the
reporting requirement in s. 877.19, F.S.
The bill defines a “school” as the facility of any early learning, prekindergarten, kindergarten,
elementary school, middle school, junior high school, secondary school, career center, or
postsecondary school, whether public or private.
The bill defines a “community center” in accordance with s. 893.13(1)(c), F.S., to mean a facility
operated by a nonprofit community-based organization for the provision of recreational, social, or
educational services to the public.
Criminal Mischief – Projecting Images
The bill amends s. 806.13(6), F.S., to create a new prohibition against displaying or projecting, using
any medium, an image onto a building, structure, or other property without the written consent of the
owner of the building, structure, or property, a violation of which is punishable as a first degree
misdemeanor. The bill defines “image” as a visual representation or likeness of a person or object,
including text, graphics, logos, other artwork, or any combination thereof.
If a person displays or projects an image that evidences religious or ethnic animus, including anti-
Semitism as described in s. 1000.05(8), F.S.,
19
during the commission of such an offense, it is prima
facie evidence that such person has evidenced prejudice in the commission of the offense for purposes
of reclassifying the penalty under s. 775.085, F.S.
20
If the penalty for a violation of this subsection is
reclassified under s. 775.085, F.S., the bill requires such a violation to be reported as a hate crime
under s. 877.19, F.S.
Harassment or Intimidation
17
Section 872.02(1), F.S., prohibits a person from willfully and knowingly destroying, mutilating, defacing, injuring, or removing any
tomb, monument, gravestone…or other structure or thing placed or designed for a memorial of the dead…”, a violation of which is
punishable as a third degree felony.
18
See note 12 supra.
19
“Anti-Semitism” includes a certain perception of the Jewish people, which may be expressed as hatred toward Jewish people,
rhetorical and physical manifestations of anti-Semitism directed toward a person, his or her property, or toward Jewish community
institutions or religious facilities.
Examples of anti-Semitism include:
o Calling for, aiding, or justifying the killing or harming of Jews, often in the name of a radical ideology or an extremist view of
religion.
o Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews as such or the power of Jews as a
collective, especially, but not exclusively, the myth about a world Jewish conspiracy or of Jews controlling the media, economy,
government or other societal institutions.
o Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or
group, the State of Israel, or even for acts committed by non-Jews.
o Accusing Jews as a people or the State of Israel of inventing or exaggerating the Holocaust.
o Accusing Jewish citizens of being more loyal to Israel, or the alleged priorities of Jews worldwide, than to the interest of their
own nations.
Examples of anti-Semitism related to Israel include:
o Demonizing Israel by using the symbols and images associated with classic anti-Semitism to characterize Israel or Israelis,
drawing comparisons of contemporary Israeli policy to that of the Nazis, or blaming Israel for all inter-religious or political
tensions.
o Applying a double standard to Israel by requiring behavior of Israel that is not expected or demanded of any other democratic
nation or focusing peace or human rights investigations only on Israel.
o Delegitimizing Israel by denying the Jewish people their right to self-determination and denying Israel the right to exist.
20
Section 775.085, F.S., reclassifies the penalty for any felony or misdemeanor to the next higher degree if the commission of such
felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religious, sexual orientation, national origin,
homeless status, or advanced age of the victim. STORAGE NAME: h0269c.JUA PAGE: 5
DATE: 3/15/2023
Background
A person commits trespass, punishable as a second degree misdemeanor, on a property other than a
structure or conveyance if he or she, without being authorized, licensed, or invited, willfully enters upon
or remains in any property other than a structure or conveyance:
As to which notice against entering or remaining is given, either by actual communication to the
offender or by posting, fencing, or cultivation as described in s. 810.011, F.S.; or
If the property is the unenclosed curtilage of a dwelling and the offender enters or remains on
such property with the intent to commit an offense thereon, other than the offense of trespass.
21
A person commits a first degree misdemeanor if he or she commits a trespass and, in doing so:
Defies an order to leave that is personally communicated to such person by the owner of the
premises or by an authorized person;
Willfully opens any door, fence, or gate or does any act that exposes animals, crops, or other
property to waste, destruction, or freedom;
Unlawfully dumps litter on property; or
Trespasses on property other than a structure or conveyance.
22
Effect of Proposed Changes – Harassment or Intimidation
The bill creates s. 810.098, F.S., to create a new trespass offense if a person who is not authorized,
licensed, or invited willfully enters the campus of a state university
23
or Florida College System
institution for the purpose of threatening or intimidating another person, and is warned by the state
university or Florida College System institution
24
to depart and refuses to do so. A violation is
punishable as a first degree misdemeanor.
If a person evidences religious or ethnic animus, including anti-Semitism as described in s. 1000.05(8),
F.S., during the commission of a trespass under s. 810.098, F.S., it is prima facie evidence that such
person has evidenced prejudice in the commission of the offense for purposes of reclassifying the
penalty under s. 775.085, F.S. If the penalty is reclassified under s. 775.085, F.S., the bill requires such
a violation to be reported as a hate crime under s. 877.19, F.S.
The bill creates s. 784.0493, F.S., to prohibit a person from willfully and maliciously harassing,
25
threatening, or intimidating another person based on the person’s wearing or displaying of any indicia
relating to any religious or ethnic heritage. A violation is punishable as a third degree felony and is
considered a hate crime for the reporting requirements of s. 877.19, F.S.
Disturbing Schools and Religious and Other Assemblies
Background
Section 871.01(1), F.S., prohibits a person from willfully interrupting or disturbing any school or any
assembly of people met for the worship of God or for any lawful purpose, a violation of which is
punishable as a second degree misdemeanor.
Effect of Proposed Changes – Disturbing School and Religious and Other Assemblies
21
S. 810.09(1)(a), F.S.
22
S. 810.09(2)(b), F.S.
23
“State university” includes 12 public postsecondary institutions, such as the University of Florida, Florida State University, the
University of Central Florida, and the Florida Agricultural and Mechanical University. S. 1000.21(6), F.S.
24
“Florida College System institution” includes 28 public postsecondary educational institutions in the Florida College System and any
branch campuses, centers, or other affiliates of such institutions, and includes institutions such as Miami-Dade College, Hillsborough
College, Valencia Community College, and Tallahassee Community College. S. 1000.21(3), F.S.
25
“Harass” means to engage in a course of conduct directed at a specific person which causes substantial emotional distress to that
person and serves no legitimate purpose. S. 784.048(1)(a), F.S. STORAGE NAME: h0269c.JUA PAGE: 6
DATE: 3/15/2023
The bill amends s. 871.01(1), F.S., to prohibit a person from willfully and maliciously interrupting or
disturbing any assembly of people for the purpose of acknowledging the death of an individual. Under
the bill, any violation of s. 871.01(1), F.S., is increased to a first degree misdemeanor. If a person
evidences religious or ethnic animus, including anti-Semitism as described in s. 1000.05(8), F.S.,
during the commission of such an offense, it is prima facie evidence that such person has evidenced
prejudice during the commission of the offense for the purpose of reclassifying the penalty under s.
775.085, F.S. If a penalty is reclassified under s. 775.085, F.S., the bill requires for such a violation to
be reported as a hate crime under s. 877.19, F.S.
The bill provides an effective date of October 1, 2023.
B. SECTION DIRECTORY:
Section 1: Amends s. 403.413, F.S., relating to Florida Litter Law.
Section 2: Creates s. 784.0493, F.S., relating to harassment or intimidation based on religious or ethnic heritage.
Section 3: Amends s. 806.13, F.S., relating to criminal mischief; penalties; penalty for minor.
Section 4: Creates s. 810.098, F.S., relating to trespass for the purpose of threatening or intimidating another
person.
Section 5: Amends s. 871.01, F.S., relating to disturbing school and religious and other assemblies.
Section 6: Provides an effective date of October 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have a positive indeterminate prison bed impact by creating new felony offenses.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have a positive indeterminate jail bed impact by creating new misdemeanor offenses.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to affect county or municipal governments.
2. Other: STORAGE NAME: h0269c.JUA PAGE: 7
DATE: 3/15/2023
This bill implicates the First Amendment. In R.A.V. v. City of Saint Paul, 505 U.S. 377 (1992), the
United States Supreme Court considered the constitutionality of an ordinance that criminalized
placing “…a symbol, object, appellation, characterization or graffiti, including, but not limited to, a
burning cross or Nazi swastika which one knows or has reasonable grounds to know arouses anger,
alarm or resentment in others on the basis of race, color, creed, religion or gender….” The Supreme
Court held that the ordinance was facially unconstitutional because, even though the ordinance
sought to regulate “fighting words,” which is constitutionally permissible, the ordinance drew
distinctions between different types of fighting words based on the content of their subject matter and
viewpoint. The Supreme Court held that the city could not impose special prohibitions on those
speakers who express views on disfavored subjects of “race, color, creed, religion, or gender,” while
permitting other speech containing “abusive invective” as long as it was not related to such
disfavored subjects. The Supreme Court also held that the ordinance effectively amounted to actual
viewpoint discrimination because persons arguing in favor of racial or religious tolerance and
equality were essentially allowed to use “fighting words” that could not be used by those speakers’
opponents.
In considering the constitutionality of s. 775.085, F.S., in State v. Stadler, 630 So. 2d 1072 (Fla.
1994), which reclassifies a felony or misdemeanor offense to the next higher degree if the
commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry,
ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim,
the Florida Supreme Court held that the question of constitutionality turns on whether the statute
applies to enhance the penalty for bias-motivated crimes, or whether the statute applies more
broadly to prejudicial acts that happen to occur during the commission of a criminal act. The Florida
Supreme Court held that s. 775.085, F.S., was constitutional because the process of selecting a
crime victim on the basis of prejudice is not protected speech under the First Amendment and may
be proscribed. Conversely, the expression of bias while committing an offense is pure expression
and cannot be selectively banned.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 7, 2023, the Criminal Justice Subcommittee adopted a strike-all amendment and reported the bill
favorably as a committee substitute. The amendment:
Revised the offense of littering and related penalties by amending s. 403.413, F.S., to prohibit a
person from intentionally dumping litter onto private residential property that evidences religious or
ethnic animus for the purpose of intimidating or threatening the owner or resident of such property,
a violation of which is punishable as a third degree felony.
Revised the offense of aggravated stalking to create the new crime of harassment or intimidation
based on religious or ethnic heritage in s. 784.0493, F.S., which prohibits a person from willfully and
maliciously harassing, threatening, or intimidating another person based on the person’s wearing or
displaying of any indicia relating to any religious or ethnic heritage, a violation of which is
punishable as a third degree
Added definitions of the terms “school” and “community center” in s. 806.13(6), F.S.
Revised the offense of criminal mischief in s. 806.13(6), F.S., to require, for a third degree felony,
that a person must know, or reasonably should have known, that he or she was defacing, injuring, STORAGE NAME: h0269c.JUA PAGE: 8
DATE: 3/15/2023
or damaging a cemetery, grave, memorial, school, or community center that is associated with a
particular religious or ethnic heritage.
Defined the term “image” in s. 806.13(6), F.S., and required a violation to be knowing and
intentional.
Created s. 810.098, F.S., to create a new trespass offense if a person who is not authorized,
licensed, or invited willfully enters the campus of a state university or Florida College System
institution for the purpose of threatening or intimidating another person, and is warned by the state
university or Florida College System institution to depart and refuses to do so. A violation is
punishable as a first degree misdemeanor.
Added provisions specifying that if a person evidences religious or ethnic animus, including anti-
Semitism as described in s. 1000.05(8), F.S., during the commission of the offenses of criminal
mischief by displaying or projecting an image, trespassing for the purpose of threatening or
intimidating another person, or disturbing schools and religious and other assemblies, it is prima
facie evidence that such person has evidenced prejudice in the commission of such offenses for
purposes of reclassifying the penalty under s. 775.085, F.S.
Amended s. 871.01(1), F.S., to:
o Require a violation of s. 871.01(1), F.S., to be both willful and malicious;
o Prohibit a person from willfully and maliciously interrupting or disturbing any assembly of people
met for the purpose of acknowledging the death of an individual; and
o Increase the penalty for a violation of s. 871.01(1), F.S., from a second degree misdemeanor to
a first degree misdemeanor.
This analysis is drafted to the committee substitute as adopted by the Criminal Justice Subcommittee.