Florida 2025 1st Special Session

Florida House Bill H0001 Compare Versions

Only one version of the bill is available at this time.

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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to combatting illegal immigration, 2
16	16	terrorist organizations, and transnational organized 3
17	17	crime and their illegal immigrant participants; 4
18	18	amending s. 874.02, F.S.; revising legislative 5
19	19	findings and intent; amending s. 874.03, F.S.; 6
20	20	revising the definition of the term "criminal gang" 7
21	21	and defining the term "transnational criminal 8
22	22	organization"; creating s. 874.041, F.S.; authorizing 9
23	23	the penalty enhancement of certain offenses upon a 10
24	24	finding by the factfinder that the defendant committed 11
25	25	the charged offense for specified purposes; providing 12
26	26	applicability; creating s. 874.081, F.S.; specifying 13
27	27	that all profits, proceeds, and instrumentalities of 14
28	28	hate group activity, terrorist organization activity, 15
29	29	and transnational criminal organization activity a nd 16
30	30	all property used or intended or attempted to be used 17
31	31	to facilitate such criminal activity are subject to 18
32	32	seizure and forfeiture under the Florida Contraband 19
33	33	Forfeiture Act; creating s. 874.105, F.S.; providing 20
34	34	criminal penalties for persons who knowing ly initiate, 21
35	35	organize, plan, finance, direct, manage, or supervise 22
36	36	a hate group's activities, terrorist organization's 23
37	37	activities, or transnational criminal organization's 24
38	38	activities; providing for severability; providing an 25
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40	40	HB 1A 2025A
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47	47	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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51	51	effective date. 26
52	52	27
53	53	Be It Enacted by the Legislature of the State of Florida: 28
54	54	29
55	55	Section 1. Subsections (1), (2), and (3) of section 30
56	56	874.02, Florida Statutes, are amended to read: 31
57	57	874.02 Legislative findings and intent. — 32
58	58	(1) The Legislature finds that it is the right of every 33
59	59	person, regardless of race, color, creed, religion, national 34
60	60	origin, sex, age, sexual orientation, or handicap, to be secure 35
61	61	and protected from fear, intimidation, and physical harm caused 36
62	62	by the activities of criminal gangs , transnational criminal 37
63	63	organizations, terrorist organizations, and their members. It is 38
64	64	not the intent of this chapter to interfere with the exercise of 39
65	65	the constitutionally protected rights of freedom of expression 40
66	66	and association. The Legislature recognizes the constitutional 41
67	67	right of every citizen to harbor and express beliefs on any 42
68	68	lawful subject whatsoever, to lawfully associate with others who 43
69	69	share similar beliefs, to petition lawfully constituted 44
70	70	authority for a redress of perceived grievances, and to 45
71	71	participate in the electora l process. 46
72	72	(2) The Legislature finds, however, that the state is 47
73	73	facing a mounting crisis caused by criminal gangs , transnational 48
74	74	criminal organizations, and terrorist organizations whose 49
75	75	members threaten and terrorize peaceful citizens and commit a 50
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77	77	HB 1A 2025A
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	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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86	86
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88	88	multitude of crimes. The These criminal gang activities such 51
89	89	organizations engage in , both individually and collectively, 52
90	90	present a clear and present danger. Street gangs, transnational 53
91	91	criminal organizations, terrorist organizations, and hate groups 54
92	92	have evolved into increasingly sophisticated and complex 55
93	93	organized crime groups in their criminal tactics, schemes, and 56
94	94	brutality. The state has a compelling interest in preventing 57
95	95	criminal gang activity and halting the real and present danger 58
96	96	posed by the prolifer ation of such criminal organizations gangs 59
97	97	and the graduation from more primitive forms of criminal gangs 60
98	98	to highly sophisticated criminal gangs . For these reasons, the 61
99	99	Legislature finds that the provisions of this chapter are 62
100	100	essential to maintain public order and safety. 63
101	101	(3) It is the intent of the Legislature to outlaw certain 64
102	102	conduct associated with the existence and proliferation of such 65
103	103	criminal organizations gangs, provide enhanced criminal 66
104	104	penalties, and eliminate the patterns, profits, proceeds, 67
105	105	instrumentalities, and property facilitating criminal 68
106	106	organizations gang activity, including criminal gang 69
107	107	recruitment. 70
108	108	Section 2. Subsection (1) of section 874.03, Florida 71
109	109	Statutes, is amended, and subsection (8) is added to that 72
110	110	section, to read: 73
111	111	874.03 Definitions.—As used in this chapter: 74
112	112	(1) "Criminal gang" means a formal or informal ongoing 75
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121	121	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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125	125	organization, association, or group that has as one of its 76
126	126	primary activities the commission of criminal or delinquent 77
127	127	acts, and that consists of three or more persons who have a 78
128	128	common name or common identifying signs, colors, or symbols , 79
129	129	including, but not limited to, terrorist organizations and hate 80
130	130	groups. 81
131	131	(a) As used in this subsection, "ongoing" means that the 82
132	132	organization was in existence during the time period charged in 83
133	133	a petition, information, indictment, or action for civil 84
134	134	injunctive relief. 85
135	135	(b) As used in this subsection, "primary activities" means 86
136	136	that a criminal gang spends a substantial amount of time engaged 87
137	137	in such activity, although suc h activity need not be the only, 88
138	138	or even the most important, activity in which the criminal gang 89
139	139	engages. 90
140	140	(8) "Transnational criminal organization" refers to a 91
141	141	group, network, or associated individuals who operate 92
142	142	transnationally for the purpose of obtai ning power, influence, 93
143	143	or monetary or commercial gain, wholly or in part by illegal 94
144	144	means, while advancing their activities through a pattern of 95
145	145	crime, corruption, or violence, and while protecting their 96
146	146	illegal activities through a transnational organizat ional 97
147	147	structure and the exploitation of public corruption or 98
148	148	transnational logistics and financial or communication 99
149	149	mechanisms. The term includes, but is not limited to, 100
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158	158	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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162	162	organizations designated or that become designated in the future 101
163	163	by Presidential Execu tive Order or by the United States 102
164	164	Department of the Treasury, Office of Foreign Asset Control, 103
165	165	including Presidential Executive Orders 12978 and 13581, the 104
166	166	Foreign Narcotics Kingpin Designation Act, the International 105
167	167	Emergency Economic Powers Act, or the National Emergencies Act, 106
168	168	as either a transnational criminal organization or a foreign 107
169	169	narcotics trafficker. 108
170	170	Section 3. Section 874.041, Florida Statutes, is created 109
171	171	to read: 110
172	172	874.041 Hate group-, terrorist organization -, and 111
173	173	transnational criminal organization-related offenses; enhanced 112
174	174	penalties.—Upon a finding by the factfinder that the defendant 113
175	175	committed the charged offense for the purpose of benefitting, 114
176	176	promoting, or furthering the interests of a hate group, 115
177	177	terrorist organization, or transnat ional criminal organization, 116
178	178	the penalty for a misdemeanor or felony, or any delinquent act 117
179	179	or violation of law which would be a misdemeanor or felony if 118
180	180	committed by an adult, may be enhanced. Penalty enhancement 119
181	181	affects the applicable statutory maximum p enalty only. Each of 120
182	182	the findings required as a basis for such sentence must be found 121
183	183	beyond a reasonable doubt. The enhancement is as follows: 122
184	184	(1)(a) A misdemeanor of the second degree may be punished 123
185	185	as if it were a misdemeanor of the first degree. 124
186	186	(b) A misdemeanor of the first degree may be punished as 125
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199	199	if it were a felony of the third degree. For purposes of 126
200	200	sentencing under chapter 921 and determining incentive gain -time 127
201	201	eligibility under chapter 944, such offense is ranked in level 1 128
202	202	of the offense severity ranking chart. The criminal gang 129
203	203	multiplier in s. 921.0024 does not apply to a misdemeanor 130
204	204	offense enhanced under this subsection. 131
205	205	(2)(a) A felony of the third degree may be punished as if 132
206	206	it were a felony of the second degree. 133
207	207	(b) A felony of the second degree may be punished as if it 134
208	208	were a felony of the first degree. 135
209	209	(c) A felony of the first degree may be punished as if it 136
210	210	were a life felony. 137
211	211	138
212	212	For purposes of sentencing under chapter 921 and determining 139
213	213	incentive gain-time eligibility under chapter 944, such felony 140
214	214	offense is ranked as provided in s. 921.0022 or s. 921.0023, and 141
215	215	without regard to the penalty enhancement in this subsection. 142
216	216	Section 4. Section 874.081, Florida Statutes, is created 143
217	217	to read: 144
218	218	874.081 Hate group, terrori st organization, and 145
219	219	transnational criminal organization activity; forfeiture. —All 146
220	220	profits, proceeds, and instrumentalities of hate group activity, 147
221	221	terrorist organization activity, and transnational criminal 148
222	222	organization activity and all property used or i ntended or 149
223	223	attempted to be used to facilitate the criminal activity of any 150
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229	229	CODING: Words stricken are deletions; words underlined are additions.
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232	232	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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236	236	hate group, terrorist organization, or transnational criminal 151
237	237	organization or of any member of such group or organization are 152
238	238	subject to seizure and forfeiture under the Florida Con traband 153
239	239	Forfeiture Act in chapter 932. 154
240	240	Section 5. Section 874.105, Florida Statutes, is created 155
241	241	to read: 156
242	242	874.105 Directing the activities of a hate group, 157
243	243	terrorist organization, or transnational criminal organization. —158
244	244	A person who knowingly initiate s, organizes, plans, finances, 159
245	245	directs, manages, or supervises a hate group's activities, 160
246	246	terrorist organization's activities, or transnational criminal 161
247	247	organization's activities commits a felony of the first degree, 162
248	248	punishable by imprisonment for a term o f years not exceeding 163
249	249	life or as provided in s. 775.082, s. 775.083, or s. 775.084. 164
250	250	Section 6. If any provision of this act or its application 165
251	251	to any person or circumstance is held invalid, the invalidity 166
252	252	does not affect other provisions or application s of this act 167
253	253	which can be given effect without the invalid provision or 168
254	254	application, and to this end the provisions of this act are 169
255	255	severable. 170
256	256	Section 7. This act shall take effect upon becoming a law. 171