Bill > H0857

Introduced Session

An act relating to criminal justice; amending s. 166.241, F.S.; deleting provisions relating to allowing 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; deleting petition contents requirements; deleting a provision requiring the Executive Office of the Governor to conduct a budget hearing considering the matter and make findings and recommendations to the Administration Commission; deleting a provision requiring the commission to approve, amend, or modify the municipality's budget; amending s. 768.28, F.S.; deleting provisions providing that a municipality has a duty to allow the municipal law enforcement agency to respond to a riot or an unlawful assembly in a specified manner based on specified circumstances; deleting provisions providing that 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.; deleting a criminal penalty for an assault committed in furtherance of a riot or an aggravated riot; amending s. 784.021, F.S.; deleting a provision increasing the offense severity hb0857-00 HB 857 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.; deleting a criminal penalty for a battery committed in furtherance of a riot or an aggravated riot; conforming a provision to changes made by the act; amending s. 784.045, F.S.; deleting a provision 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; repealing s. 784.0495, F.S., relating to mob intimidation; amending s. 784.07, F.S.; deleting a provision 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; deleting a provision 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 or an aggravated riot; amending s. 806.13, F.S.; deleting a criminal penalty prohibiting the defacing, injuring, or damaging of a memorial or historic property; deleting a provision requiring a court to order restitution for such a violation; repealing s. 806.135, F.S., relating to hb0857-00 HB 857 destroying or demolishing a memorial or historic property; amending s. 810.02, F.S.; deleting provisions reclassifying specified burglary offenses committed during a riot or an aggravated riot and facilitated by conditions arising from the riot; deleting the definition of the term "conditions arising from the riot"; deleting a provision requiring a person arrested for such a violation to be held in custody until first appearance; amending s. 812.014, F.S.; deleting provisions reclassifying specified theft offenses committed during a riot or an aggravated riot and facilitated by conditions arising from the riot; deleting the definition of the term "conditions arising from the riot"; deleting provisions requiring a person arrested for such a violation to be held in custody until first appearance; repealing s. 836.115, F.S., relating to cyberintimidation by publication; amending s. 870.01, F.S.; revising provisions relating to affrays and riots; deleting criminal penalties relating to aggravated rioting; deleting a provision relating to inciting a riot; deleting criminal penalties relating to aggravated inciting a riot; deleting a provision requiring certain persons arrested for specified violations to be held in custody until first hb0857-00 HB 857 appearance; amending s. 870.02, F.S.; deleting a provision requiring that persons arrested for unlawful assembly be held in custody until first appearance; reviving, reenacting, and amending s. 870.03, F.S., relating to riots and routs; making a technical change; repealing s. 870.07, F.S., relating to an affirmative defense in a civil action and parties convicted of rioting; amending s. 872.02, F.S.; deleting a provision 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; providing an effective date.

AI Summary

Committee Categories

Angie Nixon (D)*,  Dotie Joseph (D),  Travaris McCurdy (D), 

Died in Criminal Justice & Public Safety Subcommittee (on 03/14/2022)

Official Document