summary
Introduced
01/06/2021
01/06/2021
In Committee
04/02/2021
04/02/2021
Crossed Over
04/15/2021
04/15/2021
Passed
04/15/2021
04/15/2021
Dead
Signed/Enacted/Adopted
04/20/2021
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)
Cord Byrd (R)*,
Juan Fernandez-Barquin (R)*,
Alex Andrade (R),
Webster Barnaby (R),
Adam Botana (R),
Chuck Brannan (R),
Nick DiCeglie (R),
Brad Drake (R),
Randy Fine (R),
Jason Fischer (R),
Mike Giallombardo (R),
Tommy Gregory (R),
Joseph Harding (R),
Christopher Latvala (R),
Thomas Leek (R),
Randy Maggard (R),
Patt Maney (R),
Stan McClain (R),
Jim Mooney (R),
Scott Plakon (R),
Spencer Roach (R),
Bob Rommel (R),
Rick Roth (R),
Anthony Sabatini (R),
Tyler Sirois (R),
John Snyder (R),
Kaylee Tuck (R),
Clay Yarborough (R),
Other Sponsors (1)
Judiciary Committee (House)
Last Action
Chapter No. 2021-6 (on 04/20/2021)
Official Document
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