The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 148
INTRODUCER: Judiciary Committee and Senator Berman and others
SUBJECT: Antisemitism
DATE: February 13, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Collazo Cibula JU Fav/CS
2. Collazo Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 148 creates s. 1.015, F.S., which defines “antisemitism” based on the working definition
developed and adopted by the International Holocaust Remembrance Alliance (IHRA). Under
the bill, antisemitism means:
[A] certain perception of Jewish individuals which may be expressed as hatred
toward such individuals. Rhetorical and physical manifestations of antisemitism are
directed toward Jewish and non-Jewish individuals and their property and toward
Jewish community institutions and religious facilities.
The bill also provides contemporary examples of antisemitism.
The bill states that the purpose of the definition is to “assist in the monitoring and reporting of
anti-Semitic hate crimes and discrimination and to make residents aware of and to combat such
incidents in this state.”
The bill takes effect on July 1, 2024.
II. Present Situation:
Evidencing Prejudice While Committing an Offense
The state’s hate crime statute, s. 775.085, F.S., reclassifies the penalty for any felony or
misdemeanor to the next highest degree if the commission of the offense evidences prejudice
REVISED: BILL: CS/SB 148 Page 2
based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin,
homeless status, or advanced age of the victim, as follows:
A misdemeanor of the second-degree is reclassified to a misdemeanor of the first-degree.
A misdemeanor of the first-degree is reclassified to a felony of the third-degree.
A felony of the third-degree is reclassified to a felony of the second-degree.
A felony of the second-degree is reclassified to a felony of the first-degree.
A felony of the first-degree is reclassified to a life felony.
The offender must have perceived, known, or have had reasonable grounds to perceive or know
that the victim was within one of the classes delineated above for the penalty reclassification to
apply.
1
Reporting of Hate Crimes
State law requires all law enforcement agencies in Florida to submit a monthly report to the
Florida Department of Law Enforcement concerning any incidents of criminal acts that evidence
prejudice based on race, religion, ethnicity, color, ancestry, sexual orientation, or national origin.
The department is required to compile and disseminate such information upon request to any
local law enforcement agency, unit of local government, or state agency. Additionally, the
Florida Attorney General’s Office must publish an annual summary of the compiled data.
2
The office’s 2022 summary on hate crimes reported that there were 229 hate crimes, classified as
crimes against persons or crimes against property, for the year. This figure represented a 54.7
percent overall increase in hate crimes in Florida between 2021 and 2022. Of the hate crimes in
2022, 23.6 percent were motivated by religion.
3
Moreover, the Anti-Defamation League reports
that since 2020, antisemitic incidents in Florida increased over 100 percent, rising from 127
incidents in 2020 to 269 incidents in 2022.
4
On a national level, Federal Bureau of Investigation
data shows the number of reported hate crimes in the U.S. are the highest since collection of such
data began in 1991, and more than doubled between 2014 and 2022.
5
According to the Anti-
Defamation League, in 2022, Florida was in the top five states where the highest number of anti-
Semitic incidents occurred.
6
1
Section 775.085(1)(a) and (3), F.S.
2
Section 877.19(2) and (4), F.S.
3
Florida Attorney General, Hate Crimes in Florida January 1, 2022 – December 31, 2022, at 5, https://www.myflorida
legal.com/sites/default/files/2023-12/2022-hate-crimes-report-1228.final_.pdf.
4
Center on Extremism, Anti-Defamation League (ADL), Audit of Antisemitic Incidents 2022, Mar. 23, 2023, https://www.
adl.org/resources/report/audit-antisemitic-incidents-2022; Center on Extremism, ADL, Hate in the Sunshine State: Extremism
& Antisemitism in Florida, 2020-2022, Sept. 13, 2022, https://www.adl.org/resources/report/hate-sunshine-state-extremism-
antisemitism-florida-2020-2022.
5
Tori Morales Pinales, How reports of hate crimes in the US were already at record highs, in 4 charts, CNN, Dec. 11, 2023,
https://www.cnn.com/2023/10/29/us/hate-crimes-antisemitism-anti-muslim-dg/index.html (“The FBI collects and publishes
hate crime data but reporting is voluntary and only about 80% of agencies submit data. Compliance changes from year to
year. The data is also an undercount: fewer than half of hate crime victims report to police, according to the FBI’s National
Crime Victimization Survey.”)
6
Center on Extremism, Anti-Defamation League (ADL), Audit of Antisemitic Incidents 2022, Mar. 23, 2023, https://www.
adl.org/resources/report/audit-antisemitic-incidents-2022. BILL: CS/SB 148 Page 3
International Holocaust Remembrance Alliance
The International Holocaust Remembrance Alliance (IHRA), formerly known as the Task Force
for International Cooperation on Holocaust Education, Remembrance, and Research, was formed
in 1998 by the former Swedish Prime Minister Göran Persson. Its current membership consists
of 35 countries. IHRA’s mission is to uphold the commitments contained in its founding
document, the Declaration of the Stockholm International Forum on the Holocaust (Stockholm
Declaration).
7
The Stockholm Declaration is the product of the January 2000 International Forum convened in
Stockholm. The forum was attended by representatives of 46 governments, including: 23 heads
of state or prime ministers, and 14 deputy prime ministers or ministers.
8
Some of the main tenets
of the Stockholm Declaration include promoting the education, remembrance, and research of
the Holocaust, commemorating victims of the Holocaust, and encouraging an annual day of
remembrance in each member country.
9
IHRA’s Committee on Antisemitism and Holocaust Denial crafted a non-legally binding
working definition of “antisemitism,” which was fully adopted by the IHRA in 2016.
10
The
working definition was constructed by building an international consensus on the meaning of
“antisemitism” in order to assist nations in addressing the rise in hate and discrimination.
Subsequently, 43 United Nations member states, including the U.S., and a wide range of other
political entities, including a large number of regional, state, and local governments, have
adopted or endorsed IHRA’s working definition.
11
Moreover, the following international
organizations have expressed support for the working definition of antisemitism: the United
Nations, the European Union, the Organization of American States, the Council of Europe, and
PARLASUR, the Parliament of MERCOSUR.
12
IHRA’s working definition of antisemitism provides:
Antisemitism is a certain perception of Jews, which may be expressed as hatred
toward Jews. Rhetorical and physical manifestations of antisemitism are directed
toward Jewish or non-Jewish individuals and/or their property, toward Jewish
community institutions and religious facilities.
13
IHRA also provides the following contemporary examples of antisemitism:
7
International Holocaust Remembrance Alliance (IHRA), About the International Holocaust Remembrance Alliance,
https://holocaustremembrance.com/who-we-are (last visited Jan. 23, 2024).
8
IHRA, Stockholm Declaration, https://holocaustremembrance.com/resources/stockholm-declaration (last visited Jan. 23,
2024).
9
Id.
10
IHRA, Working definition of antisemitism, https://holocaustremembrance.com/resources/working-definition-antisemitism
(last visited Jan. 23, 2024).
11
Id.
12
Id. MERCOSUR is a regional trade bloc comprised of Argentina, Brazil, Paraguay, and Uruguay. Celeste Castillejo et al.,
Explainer: What Is Mercosur?, American Society/Council of the Americas, Aug. 23, 2022, https://www.as-coa.org/
articles/explainer-what-mercosur.
13
IHRA, Working definition of antisemitism, https://holocaustremembrance.com/resources/working-definition-antisemitism
(last visited Jan. 23, 2024). BILL: CS/SB 148 Page 4
Calling for, aiding, or justifying the killing or harming of Jews in the name of a radical
ideology or an extremist view of religion.
Making mendacious, dehumanizing, or stereotypical allegations about Jews as such, or the
power of Jews as a collective – such as, especially but not exclusively, the myth about a
world Jewish conspiracy or of Jews controlling the media, economy, government, or other
societal institutions.
Accusing Jews as a people of being responsible for real or imagined wrongdoing committed
by a single Jewish person or group, or even for acts committed by non-Jews.
Denying the fact, scope, mechanisms (e.g. gas chambers), or intentionality of the genocide of
the Jewish people at the hands of National Socialist Germany and its supporters and
accomplices during World War II (the Holocaust).
Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the
Holocaust.
Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews
worldwide, than to the interests of their own nations.
Denying the Jewish people their right to self-determination, e.g., by claiming that the
existence of a State of Israel is a racist endeavor.
Applying double standards by requiring of it a behavior not expected or demanded of any
other democratic nation.
Using the symbols and images associated with classic antisemitism (e.g. claims of Jews
killing Jesus or blood libel) to characterize Israel and Israelis.
Drawing comparisons of contemporary Israeli policy to that of the Nazis.
Holding Jews collectively responsible for actions of the state of Israel.
14
Current Definition in Florida Law
State law currently codifies a definition of “anti-Semitism” in s. 1000.05(8), F.S., relating to the
identification of discrimination in K-20 public education. The definition closely mirrors the
IHRA’s working definition of antisemitism and specifies that the term “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.
15
Additionally, s. 1000.05(8), F.S., also includes the following examples of anti-Semitism,
including those related to Israel, which are almost identical to those provided by the IHRA:
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.
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.
14
Id.
15
Section 1000.05(8), F.S. BILL: CS/SB 148 Page 5
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.
Accusing Jews as a people or the State of Israel of inventing or exaggerating the Holocaust.
Accusing Jewish citizens of being more loyal to Israel, or the alleged priorities of Jews
worldwide, than to the interest of their own nations.
16
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.
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.
Delegitimizing Israel by denying the Jewish people their right to self-determination and
denying Israel the right to exist.
17
However, s. 1000.05(8), F.S., specifies that criticism of Israel that is similar to criticism toward
any other country may not be regarded as anti-Semitic.
18
Although currently codified, the definition and examples of antisemitism apply only for the
purposes of s. 1000.05, F.S., which, notably, requires public K-20 educational institutions to
“treat discrimination by students or employees or resulting from institutional policies motivated
by anti-Semitic intent in an identical manner to discrimination motivated by race.”
III. Effect of Proposed Changes:
The bill creates s. 1.015, F.S., entitled “Antisemitism,” which provides a definition for the term.
The bill provides that it is the intent of the Legislature to adopt the working definition developed
by the International Holocaust Remembrance Alliance (IHRA) of the term “antisemitism,” to
assist in the monitoring and reporting of anti-Semitic hate crimes and discrimination, and to
make residents aware of, and to combat, such incidents in the state.
The bill provides that, as adopted by the IHRA on May 26, 2016, and as used in state statutes,
the term “antisemitism” means:
[A] certain perception of Jewish individuals which may be expressed as hatred
toward such individuals. Rhetorical and physical manifestations of antisemitism
are directed toward Jewish and non-Jewish individuals and their property, and
toward Jewish community institutions and religious facilities.
The bill identifies contemporary examples of antisemitism, which include, but are not limited to,
all of the following:
Calling for, aiding, or justifying the killing or harming of Jewish individuals.
16
Section 1000.05(8)(a), F.S.
17
Section 1000.05(8)(b), F.S.
18
Id. BILL: CS/SB 148 Page 6
Making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jewish
individuals as such or the power of Jewish people as a collective, such as, the myth of a
worldwide Jewish conspiracy or of Jewish individuals controlling the media, economy,
government, or other societal institutions.
Accusing Jewish people as a collective of being responsible for real or imagined wrongdoing
committed by a single Jewish person or group, or for acts committed by non-Jewish
individuals.
Denying the fact, scope, and mechanisms, such as gas chambers, or the intentionality of the
genocide of the Jewish people at the hands of Nazi Germany and its supporters and
accomplices during the Holocaust.
Accusing Jewish people as a collective, or Israel as a state, of inventing or exaggerating the
Holocaust.
Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jewish
individuals worldwide, than to the interests of their respective nations.
Denying the Jewish people their right to self-determination, such as claiming that the
existence of a State of Israel is a racist endeavor.
Applying double standards by requiring of the Jewish state of Israel a standard of behavior
not expected or demanded of any other democratic nation.
Using the symbols and images associated with classic antisemitism, such as blood libel, to
characterize Israel or Israelis.
Drawing comparisons of contemporary Israeli policy to that of the Nazis.
Holding Jewish individuals collectively responsible for actions of the state of Israel.
The bill also provides that:
The term “antisemitism” does not include criticism of Israel that is similar to criticism of any
other country.
The bill may not be construed to diminish or infringe upon any right protected under the First
Amendment to the U.S. Constitution or to conflict with federal or state antidiscrimination
laws.
The bill takes effect on July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None. BILL: CS/SB 148 Page 7
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
The bill codifies the definition of “antisemitism” in chapter 1, F.S., a chapter that is known for
defining terms that are used throughout the Florida Statutes. The term, however, is currently used
only in s. 1000.05, F.S., an education statute, and the term is accompanied by a definition for use
in that statute.
The education statute uses the term anti-Semitism in a substantive provision—a prohibition
against discrimination motivated by “anti-Semitic intent” at public K-20 educational
institutions.
19
In contrast, the bill provides a definition accompanied by the stated purposes of
“assist[ing] in the monitoring and reporting of anti-Semitic hate crimes and discrimination and to
make residents aware of and to combat such incidents in this state.” Without using the defined
term in substantive provisions that directly prohibit misconduct, it is not clear how the bill will
effectuate its purposes.
Accordingly, the Legislature may wish to revise the bill in a way that the defined term is used in
the substantive provisions of the hate crime statute, s. 775.085, F.S., and in the substantive
provisions of the anti-discrimination statutes in chapter 760, F.S. Another option would be to
delete the definition of anti-Semitism from s. 1000.05, F.S., in favor of the definition provided
19
Section 1000.05(8), F.S., states in pertinent part that a “public K-20 educational institution must treat discrimination by
students or employees or resulting from institutional policies motivated by anti-Semitic intent in an identical manner to
discrimination motivated by race.” Violations of the prohibition against anti-Semitic discrimination may enforced by an
aggrieved person through a civil action for equitable relief and the prevailing party in the action may be awarded reasonable
attorney’s fees and court costs. Section 1000.05(9), F.S. BILL: CS/SB 148 Page 8
by the bill. Nonetheless, the definition of antisemitism in the bill may be construed to apply to
the use of the term in future statutes.
VIII. Statutes Affected:
This bill creates section 1.015 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Judiciary on January 29, 2024:
Removes the following from the list of contemporary examples of antisemitism:
o The killing or harming of Jewish individuals in the name of a radical ideology or
extremist view of a religion.
o Using claims of Jews killing Jesus as a symbol or image of classic antisemitism,
to characterize Israel or Israelis.
Adds the following provisions:
o The term “antisemitism” does not include criticism of Israel that is similar to
criticism of any other country.
o This section may not be construed to diminish or infringe upon any right
protected under the First Amendment to the U.S. Constitution or to conflict with
federal or state antidiscrimination laws.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.