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Bill > H0001


FL H0001

FL H0001
Combating Public Disorder


summary

Introduced
01/06/2021
In Committee
04/02/2021
Crossed Over
04/15/2021
Passed
04/15/2021
Dead
Signed/Enacted/Adopted
04/20/2021

Introduced Session

2021 Regular Session

Bill Summary

An act relating to combating public disorder; amending s. 166.241, F.S.; authorizing specified elected officials to file an appeal to the Administration Commission if the governing body of a municipality makes a specified reduction to the operating budget of the municipal law enforcement agency; requiring the petition to contain specified information; requiring the Executive Office of the Governor to conduct a budget hearing considering the matter and make findings and recommendations to the Administration Commission; requiring the commission to approve, amend, or modify the municipality's budget; amending s. 316.2045, F.S.; revising the prohibition on obstructing traffic by standing on the street, highway, or road; deleting provisions concerning charitable solicitations; amending s. 768.28, F.S.; providing that a municipality has a duty to allow the municipal law enforcement agency to respond to a riot or unlawful assembly in a specified manner based on specified circumstances; providing a municipality is civilly liable for specified damages proximately caused by the municipality's specified breach of such duty; amending s.784.011, F.S.; reclassifying the penalty for an assault committed in furtherance of a hb0001-03-er ENROLLED , Engrossed 1 2021 Legislature riot or an aggravated riot; amending s. 784.021, F.S.; increasing the offense severity ranking of an aggravated assault for the purposes of the Criminal Punishment Code if committed in furtherance of a riot or an aggravated riot; amending s. 784.03, F.S.; reclassifying the penalty for a battery committed in furtherance of a riot or an aggravated riot; amending s. 784.045, F.S.; increasing the offense severity ranking of an aggravated battery for the purposes of the Criminal Punishment Code if committed in furtherance of a riot or an aggravated riot; creating s. 784.0495, F.S.; prohibiting specified assemblies from using or threatening to use imminent force against another person to do or refrain from doing any act or to assume, abandon, or maintain a particular viewpoint under certain circumstances; providing a penalty; requiring a person arrested for a violation to be held in custody until first appearance; amending s. 784.07, F.S.; requiring a minimum term of imprisonment for a person convicted of battery on a law enforcement officer committed in furtherance of a riot or an aggravated riot; increasing the offense severity ranking of an assault or battery against specified persons for the purposes of the Criminal Punishment Code if committed in furtherance of a riot hb0001-03-er ENROLLED , Engrossed 1 2021 Legislature or an aggravated riot; amending s. 806.13, F.S.; prohibiting defacing, injuring, or damaging a memorial or historic property; providing a penalty; requiring a court to order restitution for such a violation; creating s. 806.135, F.S.; defining the terms "historic property" and "memorial"; prohibiting a person from destroying or demolishing a memorial or historic property; providing a penalty; requiring a court to order restitution for such a violation; amending s. 810.02, F.S.; reclassifying specified burglary offenses committed during a riot or an aggravated riot and facilitated by conditions arising from the riot; providing a definition; requiring a person arrested for such a violation to be held in custody until first appearance; amending s. 812.014, F.S.; reclassifying specified theft offenses committed during a riot or an aggravated riot and facilitated by conditions arising from the riot; providing a definition; requiring a person arrested for such a violation to be held in custody until first appearance; creating s. 836.115, F.S.; providing definitions; prohibiting cyberintimidation by publication; providing criminal penalties; amending s. 870.01, F.S.; prohibiting a person from fighting in a public place; prohibiting a person from willfully hb0001-03-er ENROLLED , Engrossed 1 2021 Legislature participating in a specified violent public disturbance resulting in specified damage or injury; providing an increased penalty for rioting under specified circumstances; prohibiting a person from inciting a riot; providing an increased penalty for inciting a riot under specified circumstances; providing definitions; requiring a person arrested for such a violation to be held in custody until first appearance; providing an exception; amending s. 870.02, F.S.; requiring a person arrested for an unlawful assembly to be held in custody until first appearance; repealing s. 870.03, F.S.; relating to riots or routs; creating s. 870.07, F.S.; creating an affirmative defense to a civil action where the plaintiff participated in a riot; amending s. 872.02, F.S.; increasing the offense severity ranking of specified offenses involving graves and tombs for the purposes of the Criminal Punishment Code if committed in furtherance of a riot or an aggravated riot; amending s. 921.0022, F.S.; conforming provisions to changes made by the act; ranking offenses created by the act on the offense severity ranking chart; providing an effective date.

AI Summary

This bill: - Authorizes specified elected officials to appeal to the Administration Commission if a municipality reduces the operating budget of its municipal law enforcement agency, and requires the state to conduct a budget hearing and approve, amend, or modify the municipality's budget. - Revises the prohibition on obstructing traffic by standing on the street, highway, or road, and deletes provisions concerning charitable solicitations. - Provides that a municipality has a duty to allow its municipal law enforcement agency to respond appropriately to protect persons and property during a riot or unlawful assembly, and makes the municipality civilly liable for damages caused by a breach of this duty. - Reclassifies and increases penalties for various offenses like assault, battery, and criminal mischief committed in furtherance of a riot or aggravated riot. - Creates new offenses like "mob intimidation" and "cyberintimidation by publication", and defines and prohibits "riots", "aggravated riots", and "inciting a riot". - Provides an affirmative defense in civil actions for damages arising from injuries sustained by a participant in a riot. - Makes various other changes related to combating public disorder.

Committee Categories

Budget and Finance, Justice

Sponsors (28)

Other Sponsors (1)

Judiciary Committee (House)

Last Action

Chapter No. 2021-6 (on 04/20/2021)

bill text


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bill summary

Document Type Source Location
State Bill Page https://www.flsenate.gov/Session/Bill/2021/1
Agriculture and Natural Resources Appropriations Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/1/Analyses/h0001z1.ANR.PDF
Analysis - Criminal Justice and Public Safety Subcommittee (Post https://www.flsenate.gov/Session/Bill/2021/1/Analyses/h0001z.CRM.PDF
Bill https://www.flsenate.gov/Session/Bill/2021/1/BillText/er/PDF
Analysis - Appropriations (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/1/Analyses/2021h00001.ap.PDF
Analysis - Appropriations (Pre-Meeting) https://www.flsenate.gov/Session/Bill/2021/1/Analyses/2021h00001.pre.ap.PDF
Bill https://www.flsenate.gov/Session/Bill/2021/1/BillText/e1/PDF
House Floor Amendment #580221 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/580221/PDF
House Floor Amendment #081267 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/081267/PDF
House Floor Amendment #869807 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/869807/PDF
House Floor Amendment #676083 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/676083/PDF
House Floor Amendment #423835 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/423835/PDF
House Floor Amendment #155255 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/155255/PDF
House Floor Amendment #960979 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/960979/PDF
House Floor Amendment #175541 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/175541/PDF
House Floor Amendment #298547 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/298547/PDF
House Floor Amendment #567371 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/567371/PDF
House Floor Amendment #365305 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/365305/PDF
House Floor Amendment #491535 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/491535/PDF
House Floor Amendment #694491 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/694491/PDF
House Floor Amendment #469361 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/469361/PDF
House Floor Amendment #791293 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/791293/PDF
House Floor Amendment #078765 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/078765/PDF
Bill https://www.flsenate.gov/Session/Bill/2021/1/BillText/c1/PDF
Analysis - Judiciary Committee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/1/Analyses/h0001d.JDC.PDF
Analysis - Justice Appropriations Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/1/Analyses/h0001c.JUA.PDF
House Committee Amendment #392955 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/392955/PDF
Analysis - Justice Appropriations Subcommittee (Post-Meeting) https://www.flsenate.gov/Session/Bill/2021/1/Analyses/h0001b.JUA.PDF
Analysis - Criminal Justice and Public Safety Subcommittee (Post https://www.flsenate.gov/Session/Bill/2021/1/Analyses/h0001a.CRM.PDF
House Committee Amendment #201629 https://www.flsenate.gov/Session/Bill/2021/1/Amendment/201629/PDF
Analysis - Criminal Justice and Public Safety Subcommittee (Post https://www.flsenate.gov/Session/Bill/2021/1/Analyses/h0001.CRM.PDF
Bill https://www.flsenate.gov/Session/Bill/2021/1/BillText/Filed/PDF
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