Florida Senate - 2022 SB 450



By Senator Jones





35-00207-22 2022450__
1 A bill to be entitled
2 An act relating to criminal justice; amending s.
3 166.241, F.S.; deleting provisions relating to
4 allowing specified elected officials to file an appeal
5 to the Administration Commission if the governing body
6 of a municipality makes a specified reduction to the
7 operating budget of the municipal law enforcement
8 agency; deleting petition contents requirements;
9 deleting a provision requiring the Executive Office of
10 the Governor to conduct a budget hearing considering
11 the matter and make findings and recommendations to
12 the Administration Commission; deleting a provision
13 requiring the commission to approve, amend, or modify
14 the municipality’s budget; amending s. 316.2045, F.S.;
15 revising the prohibition on obstructing traffic by
16 standing on the street, highway, or road; prohibiting
17 persons from willfully obstructing public streets,
18 highways, or roads under certain circumstances in
19 order to solicit; providing criminal penalties;
20 providing exceptions; authorizing appropriate local
21 governments to issue permits for the use of streets,
22 roads, or rights-of-way not maintained by the state;
23 providing exemptions for certain charitable
24 solicitation activities; providing requirements;
25 providing construction; amending s. 768.28, F.S.;
26 deleting provisions providing that a municipality has
27 a duty to allow the municipal law enforcement agency
28 to respond to a riot or an unlawful assembly in a
29 specified manner based on specified circumstances;
30 deleting provisions providing that a municipality is
31 civilly liable for specified damages proximately
32 caused by the municipality’s specified breach of such
33 duty; amending s. 784.011, F.S.; deleting a criminal
34 penalty for an assault committed in furtherance of a
35 riot or an aggravated riot; amending s. 784.021, F.S.;
36 deleting a provision increasing the offense severity
37 ranking of an aggravated assault for the purposes of
38 the Criminal Punishment Code if committed in
39 furtherance of a riot or an aggravated riot; amending
40 s. 784.03, F.S.; deleting a criminal penalty for a
41 battery committed in furtherance of a riot or an
42 aggravated riot; conforming a provision to changes
43 made by the act; amending s. 784.045, F.S.; deleting a
44 provision increasing the offense severity ranking of
45 an aggravated battery for the purposes of the Criminal
46 Punishment Code if committed in furtherance of a riot
47 or an aggravated riot; repealing s. 784.0495, F.S.,
48 relating to mob intimidation; amending s. 784.07,
49 F.S.; deleting a provision requiring a minimum term of
50 imprisonment for a person convicted of battery on a
51 law enforcement officer committed in furtherance of a
52 riot or an aggravated riot; deleting a provision
53 increasing the offense severity ranking of an assault
54 or battery against specified persons for the purposes
55 of the Criminal Punishment Code if committed in
56 furtherance of a riot or an aggravated riot; amending
57 s. 806.13, F.S.; deleting a criminal penalty
58 prohibiting the defacing, injuring, or damaging of a
59 memorial or historic property; deleting a provision
60 requiring a court to order restitution for such a
61 violation; repealing s. 806.135, F.S., relating to
62 destroying or demolishing a memorial or historic
63 property; amending s. 810.02, F.S.; deleting
64 provisions reclassifying specified burglary offenses
65 committed during a riot or an aggravated riot and
66 facilitated by conditions arising from the riot;
67 deleting the definition of the term “conditions
68 arising from the riot”; deleting a provision requiring
69 a person arrested for such a violation to be held in
70 custody until first appearance; amending s. 812.014,
71 F.S.; deleting provisions reclassifying specified
72 theft offenses committed during a riot or an
73 aggravated riot and facilitated by conditions arising
74 from the riot; deleting the definition of the term
75 “conditions arising from the riot”; deleting
76 provisions requiring a person arrested for such a
77 violation to be held in custody until first
78 appearance; repealing s. 836.115, F.S., relating to
79 cyberintimidation by publication; amending s. 870.01,
80 F.S.; revising provisions relating to affrays and
81 riots; providing criminal penalties for inciting or
82 encouraging a riot; deleting criminal penalties
83 relating to aggravated rioting; deleting criminal
84 penalties relating to inciting a riot and aggravated
85 inciting a riot; deleting a provision requiring
86 certain persons arrested for specified violations to
87 be held in custody until first appearance; amending s.
88 870.02, F.S.; deleting a provision requiring that
89 persons arrested for unlawful assembly be held in
90 custody until first appearance; reviving, reenacting,
91 and amending s. 870.03, F.S., relating to riots and
92 routs; making a technical change; repealing s. 870.07,
93 F.S., relating to an affirmative defense in a civil
94 action and parties convicted of rioting; amending s.
95 872.02, F.S.; deleting a provision increasing the
96 offense severity ranking of specified offenses
97 involving graves and tombs for the purposes of the
98 Criminal Punishment Code if committed in furtherance
99 of a riot or an aggravated riot; amending s. 921.0022,
100 F.S.; conforming provisions to changes made by the
101 act; providing an effective date.
102
103 Be It Enacted by the Legislature of the State of Florida:
104
105 Section 1. Section 166.241, Florida Statutes, is amended to
106 read:
107 166.241 Fiscal years, budgets, appeal of municipal law
108 enforcement agency budget, and budget amendments.—
109 (1) Each municipality shall establish a fiscal year
110 beginning October 1 of each year and ending September 30 of the
111 following year.
112 (2) The governing body of each municipality shall adopt a
113 budget each fiscal year. The budget must be adopted by ordinance
114 or resolution unless otherwise specified in the respective
115 municipality’s charter. The amount available from taxation and
116 other sources, including balances brought forward from prior
117 fiscal years, must equal the total appropriations for
118 expenditures and reserves. At a minimum, the adopted budget must
119 show for each fund, as required by law and sound financial
120 practices, budgeted revenues and expenditures by organizational
121 unit which are at least at the level of detail required for the
122 annual financial report under s. 218.32(1). The adopted budget
123 must regulate expenditures of the municipality, and an officer
124 of a municipal government may not expend or contract for
125 expenditures in any fiscal year except pursuant to the adopted
126 budget.
127 (3) The tentative budget must be posted on the
128 municipality’s official website at least 2 days before the
129 budget hearing, held pursuant to s. 200.065 or other law, to
130 consider such budget and must remain on the website for at least
131 45 days. The final adopted budget must be posted on the
132 municipality’s official website within 30 days after adoption
133 and must remain on the website for at least 2 years. If the
134 municipality does not operate an official website, the
135 municipality must, within a reasonable period of time as
136 established by the county or counties in which the municipality
137 is located, transmit the tentative budget and final budget to
138 the manager or administrator of such county or counties who
139 shall post the budgets on the county’s website.
140 (4)(a) If the tentative budget of a municipality contains a
141 funding reduction to the operating budget of the municipal law
142 enforcement agency, the state attorney for the judicial circuit
143 in which the municipality is located, or a member of the
144 governing body who objects to the funding reduction, may file an
145 appeal by petition to the Administration Commission within 30
146 days after the day the tentative budget is posted to the
147 official website of the municipality under subsection (3). The
148 petition must set forth the tentative budget proposed by the
149 municipality, in the form and manner prescribed by the Executive
150 Office of the Governor and approved by the Administration
151 Commission, the operating budget of the municipal law
152 enforcement agency as approved by the municipality for the
153 previous year, and state the reasons or grounds for the appeal.
154 The petition shall be filed with the Executive Office of the
155 Governor and a copy served upon the governing body of the
156 municipality or to the clerk of the circuit court of the county
157 in which the municipality is located.
158 (b) The governing body of the municipality has 5 working
159 days after service of a copy of the petition to file a reply
160 with the Executive Office of the Governor and shall serve a copy
161 of such reply to the petitioner.
162 (5) Upon receipt of the petition, the Executive Office of
163 the Governor shall provide for a budget hearing at which the
164 matters presented in the petition and the reply shall be
165 considered. A report of the findings and recommendations of the
166 Executive Office of the Governor thereon shall be promptly
167 submitted to the Administration Commission, which, within 30
168 days, shall approve the action of the governing body of the
169 municipality or amend or modify the budget as to each separate
170 item within the operating budget of the municipal law
171 enforcement agency. The budget as approved, amended, or modified
172 by the Administration Commission shall be final.
173 (4)(6) By each October 15, the municipal budget officer
174 shall electronically submit the following information regarding
175 the final budget and the municipality’s economic status to the
176 Office of Economic and Demographic Research in the format
177 specified by the office:
178 (a) Government spending per resident, including, at a
179 minimum, the spending per resident for the previous 5 fiscal
180 years.
181 (b) Government debt per resident, including, at a minimum,
182 the debt per resident for the previous 5 fiscal years.
183 (c) Average municipal employee salary.
184 (d) Median income within the municipality.
185 (e) Number of special taxing districts wholly or partially
186 within the municipality.
187 (f) Percent of budget spent on salaries and benefits for
188 municipal employees.
189 (g) Annual municipal expenditures providing for the
190 financing, acquisition, construction, reconstruction, or
191 rehabilitation of housing that is affordable, as that term is
192 defined in s. 420.0004. The reported expenditures must indicate
193 the source of such funds as “federal,” “state,” “local,” or
194 “other,” as applicable. This information must be included in the
195 submission due by October 15, 2020, and each annual submission
196 thereafter.
197 (5)(7) The governing body of each municipality at any time
198 within a fiscal year or within 60 days following the end of the
199 fiscal year may amend a budget for that year as follows:
200 (a) Appropriations for expenditures within a fund may be
201 decreased or increased by motion recorded in the minutes if the
202 total appropriations of the fund is not changed.
203 (b) The governing body may establish procedures by which
204 the designated budget officer may authorize budget amendments if
205 the total appropriations of the fund is not changed.
206 (c) If a budget amendment is required for a purpose not
207 specifically authorized in paragraph (a) or paragraph (b), the
208 budget amendment must be adopted in the same manner as the
209 original budget unless otherwise specified in the municipality’s
210 charter.
211 (6)(8) If the governing body of a municipality amends the
212 budget pursuant to paragraph (5)(c) paragraph (7)(c), the
213 adopted amendment must be posted on the official website of the
214 municipality within 5 days after adoption and must remain on the
215 website for at least 2 years. If the municipality does not
216 operate an official website, the municipality must, within a
217 reasonable period of time as established by the county or
218 counties in which the municipality is located, transmit the
219 adopted amendment to the manager or administrator of such county
220 or counties who shall post the adopted amendment on the county’s
221 website.
222 Section 2. Section 316.2045, Florida Statutes, is amended
223 to read:
224 316.2045 Obstruction of public streets, highways, and
225 roads.—
226 (1)(a) A person may not willfully obstruct the free,
227 convenient, and normal use of a public street, highway, or road
228 by:
229 1. Impeding, hindering, stifling, retarding, or restraining
230 traffic or passage thereon;
231 2. Standing on or approaching motor vehicles remaining in
232 the street, highway, or road; or
233 3. Endangering the safe movement of vehicles or pedestrians
234 traveling thereon.
235 (b) A person who violates paragraph (a) shall be cited for
236 a pedestrian violation, punishable as provided in chapter 318.
237 (c) This subsection does not prohibit a local governmental
238 entity from issuing a special event permit as authorized by law.
239 (2) It is unlawful, without proper authorization or a
240 lawful permit, for any person or persons willfully to obstruct
241 the free, convenient, and normal use of any public street,
242 highway, or road by any of the means specified in subsection (1)
243 in order to solicit. Any person who violates this subsection
244 commits a misdemeanor of the second degree, punishable as
245 provided in s. 775.082 or s. 775.083. Organizations qualified
246 under s. 501(c)(3) of the Internal Revenue Code and registered
247 pursuant to chapter 496, or persons or organizations acting on
248 their behalf, are exempted from this subsection for activities
249 on streets or roads not maintained by the state. Permits for the
250 use of any portion of a state-maintained road or right-of-way
251 shall be required only for those purposes and in the manner set
252 out in s. 337.406.
253 (3) Permits for the use of any street, road, or right-of
254 way not maintained by the state may be issued by the appropriate
255 local government. An organization that is qualified under s.
256 501(c)(3) of the Internal Revenue Code and registered under
257 chapter 496, or a person or an organization acting on behalf of
258 that organization, is exempt from local requirements for a
259 permit issued under this subsection for charitable solicitation
260 activities on or along streets or roads that are not maintained
261 by the state under the following conditions:
262 (a) The organization, or the person or organization acting
263 on behalf of the organization, must provide all of the following
264 to the local government:
265 1. No fewer than 14 calendar days before the proposed
266 solicitation, the name and address of the person or organization
267 that will perform the solicitation and the name and address of
268 the organization that will receive funds from the solicitation.
269 2. For review and comment, a plan for the safety of all
270 persons participating in the solicitation, as well as the
271 motoring public, at the locations where the solicitation will
272 take place.
273 3. Specific details of the location or locations of the
274 proposed solicitation and the hours during which the
275 solicitation activities will occur.
276 4. Proof of commercial general liability insurance against
277 claims for bodily injury and property damage occurring on
278 streets, roads, or rights-of-way or arising from the solicitor’s
279 activities or use of the streets, roads, or rights-of-way by the
280 solicitor or the solicitor’s agents, contractors, or employees.
281 The insurance must have a limit of not less than $1 million per
282 occurrence for the general aggregate. The