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
HB 857 2022
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 t he
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. 768.28, F.S.;
15 deleting provisions providing that a municipality has
16 a duty to allow the municipal law enforcement agency
17 to respond to a riot or an unlawful assembly in a
18 specified manner based on specified circumstances;
19 deleting provisions providing that a municipality is
20 civilly liable for specified damages proximately
21 caused by the municipality's specified breach of such
22 duty; amending s. 784.011, F.S.; deleting a criminal
23 penalty for an assault committed in furtherance of a
24 riot or an aggravated riot; amending s. 784.021, F.S.;
25 deleting a provision increasing the offense severity
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HB 857 2022
26 ranking of an aggravated assault for the purposes of
27 the Criminal Punishment Code if committed in
28 furtherance of a riot or an aggravated riot; amending
29 s. 784.03, F.S.; deleting a criminal penalty for a
30 battery committed in furtherance of a riot or an
31 aggravated riot; conforming a provision to changes
32 made by the act; amending s. 784.045, F.S.; deleting a
33 provision increasing the offense severity ranking of
34 an aggravated battery for the purposes of the Criminal
35 Punishment Code if committed in furtherance of a riot
36 or an aggravated riot; repealing s. 784.0495, F.S.,
37 relating to mob intimidation; amending s. 784.07,
38 F.S.; deleting a provision requiring a minimum term of
39 imprisonment for a person convicted of battery on a
40 law enforcement officer committed in furtherance of a
41 riot or an aggravated riot; deleting a provision
42 increasing the offense severity ranking of an assault
43 or battery against specified persons for the purposes
44 of the Criminal Punishment Code if committed in
45 furtherance of a riot or an aggravated riot; amending
46 s. 806.13, F.S.; deleting a criminal penalty
47 prohibiting the defacing, injuring, or damaging of a
48 memorial or historic property; deleting a provision
49 requiring a court to order restitution for such a
50 violation; repealing s. 806.135, F.S., relating to
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51 destroying or demolishing a memorial or historic
52 property; amending s. 810.02, F.S.; deleting
53 provisions reclassifying specified burglary offenses
54 committed during a riot or an aggravated riot and
55 facilitated by conditions arising from the riot;
56 deleting the definition of the term "conditions
57 arising from the riot"; deleting a provision requiring
58 a person arrested for such a violation to be held in
59 custody until first appearance; amending s. 812.014,
60 F.S.; deleting provisions reclassifying specified
61 theft offenses committed during a riot or an
62 aggravated riot and facilitated by conditions arising
63 from the riot; deleting the definition of the term
64 "conditions arising from the riot"; deleting
65 provisions requiring a person arrested for such a
66 violation to be held in custody until first
67 appearance; repealing s. 836.115, F.S., relating to
68 cyberintimidation by publication; amending s. 870.01,
69 F.S.; revising provisions relating to affrays and
70 riots; deleting criminal penalties relating to
71 aggravated rioting; deleting a provision relating to
72 inciting a riot; deleting criminal penalties relating
73 to aggravated inciting a riot; deleting a provision
74 requiring certain persons arrested for specified
75 violations to be held in custody until first
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76 appearance; amending s. 870.02, F.S.; deleting a
77 provision requiring that persons arrested for unlawful
78 assembly be held in custody until first appearance;
79 reviving, reenacting, and amending s. 870.03, F.S.,
80 relating to riots and routs; making a technical
81 change; repealing s. 870.07, F.S., relating to an
82 affirmative defense in a civil action and parties
83 convicted of rioting; amending s. 872.02, F.S.;
84 deleting a provision increasing the offense severity
85 ranking of specified offenses involving graves and
86 tombs for the purposes of the Criminal Punishment Code
87 if committed in furtherance of a riot or an aggravated
88 riot; amending s. 921.0022, F.S.; conforming
89 provisions to changes made by the act; providing an
90 effective date.
91
92 Be It Enacted by the Legislature of the State of Florida:
93
94 Section 1. Subsections (4), (5), and (8) of section
95 166.241, Florida Statutes, are amended to read:
96 166.241 Fiscal years, budgets, appeal of municipal law
97 enforcement agency budget, and budget amendments.—
98 (4)(a) If the tentative budget of a municipality contains
99 a funding reduction to the operating budget of the municipal law
100 enforcement agency, the state attorney for the judicial circuit
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101 in which the municipality is located, or a member of the
102 governing body who objects to the funding reduction, may file an
103 appeal by petition to the Administration Commission within 30
104 days after the day the tentative budget is posted to the
105 official website of the municipality under subsection (3). The
106 petition must set forth the tentative budget proposed by the
107 municipality, in the form and manner prescribed by the Executive
108 Office of the Governor and approved by the Administration
109 Commission, the operating budget of the municipal law
110 enforcement agency as approved by the municipality for the
111 previous year, and state the reasons or grounds for the appeal.
112 The petition shall be filed with the Executive Office of the
113 Governor and a copy served upon the governing body of the
114 municipality or to the clerk of the circuit court of the county
115 in which the municipality is located.
116 (b) The governing body of the municipality has 5 working
117 days after service of a copy of the petition to file a reply
118 with the Executive Office of the Governor and shall serve a copy
119 of such reply to the petitioner.
120 (5) Upon receipt of the petition, the Executive Office of
121 the Governor shall provide for a budget hearing at which the
122 matters presented in the petition and the reply shall be
123 considered. A report of the findings and recommendations of the
124 Executive Office of the Governor thereon shall be promptly
125 submitted to the Administration Commission, which, within 30
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126 days, shall approve the action of the governing body of the
127 municipality or amend or modify the budget as to each separate
128 item within the operating budget of the municipal law
129 enforcement agency. The budget as approved, amended, or modified
130 by the Administration Commission shall be final.
131 (6)(8) If the governing body of a municipality amends the
132 budget pursuant to paragraph (5)(c) paragraph (7)(c), the
133 adopted amendment must be posted on the official website of the
134 municipality within 5 days after adoption and must remain on the
135 website for at least 2 years. If the municipality does not
136 operate an official website, the municipality must, within a
137 reasonable period of time as established by the county or
138 counties in which the municipality is located, transmit the
139 adopted amendment to the manager or administrator of such county
140 or counties who shall post the adopted amendment on the county's
141 website.
142 Section 2. Subsection (5) of section 768.28, Florida
143 Statutes, is amended to read:
144 768.28 Waiver of sovereign immunity in tort actions;
145 recovery limits; civil liability for damages caused during a
146 riot; limitation on attorney fees; statute of limitations;
147 exclusions; indemnification; risk management programs.—
148 (5)(a) The state and its agencies and subdivisions shall
149 be liable for tort claims in the same manner and to the same
150 extent as a private individual under like circumstances, but
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151 liability shall not include punitive damages or interest for the
152 period before judgment. Neither the state nor its agencies or
153 subdivisions shall be liable to pay a claim or a judgment by any
154 one person which exceeds the sum of $200,000 or any claim or
155 judgment, or portions thereof, which, when totaled with all
156 other claims or judgments paid by the state or its agencies or
157 subdivisions arising out of the same incident or occurrence,
158 exceeds the sum of $300,000. However, a judgment or judgments
159 may be claimed and rendered in excess of these amounts and may
160 be settled and paid pursuant to this act up to $200,000 or
161 $300,000, as the case may be; and that portion of the judgment
162 that exceeds these amounts may be reported to the Legislature,
163 but may be paid in part or in whole only by further act of the
164 Legislature. Notwithstanding the limited waiver of sovereign
165 immunity provided herein, the state or an agency or subdivision
166 thereof may agree, within the limits of insurance coverage
167 provided, to settle a claim made or a judgment rendered against
168 it without further action by the Legislature, but the state or
169 agency or subdivision thereof shall not be deemed to have waived
170 any defense of sovereign immunity or to have increased the
171 limits of its liability as a result of its obtaining insurance
172 coverage for tortious acts in excess of the $200,000 or $300,000
173 waiver provided above. The limitations of liability set forth in
174 this subsection shall apply to the state and its agencies and
175 subdivisions whether or not the state or its agencies or
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176 subdivisions possessed sovereign immunity before July 1, 1974.
177 (b) A municipality has a duty to allow the municipal law
178 enforcement agency to respond appropriately to protect persons
179 and property during a riot or an unlawful assembly based on the
180 availability of adequate equipment to its municipal law
181 enforcement officers and relevant state and federal laws. If the
182 governing body of a municipality or a person authorized by the
183 governing body of the municipality breaches that duty, the
184 municipality is civilly liable for any damages, including
185 damages arising from personal injury, wrongful death, or
186 property damages proximately caused by the municipality's breach
187 of duty. The sovereign immunity recovery limits in paragraph (a)
188 do not apply to an action under this paragraph.
189 Section 3. Subsections (2) and (3) of section 784.011,
190 Florida Statutes, are amended to read:
191 784.011 Assault.—
192 (2) Except as provided in subsection (3), A person who
193 assaults another person commits a misdemeanor of the second
194 degree, punishable as provided in s. 775.082 or s. 775.083.
195 (3) A person who assaults another person in furtherance of
196 a riot or an aggravated riot prohibited under s. 870.01 commi ts
197 a misdemeanor of the first degree, punishable as provided in s.
198 775.082 or s. 775.083.
199 Section 4. Subsection (3) of section 784.021, Florida
200 Statutes, is amended to read:
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201 784.021 Aggravated assault.—
202 (3) For the purposes of sentencing under chapter 921, a
203 violation of this section committed by a person acting in
204 furtherance of a riot or an aggravated riot prohibited under s.
205 870.01 is ranked one level above the ranking under s. 921.0022
206 for the offense committed.
207 Section 5. Subsections (1) and (3) of section 784.03,
208 Florida Statutes, are amended to read:
209 784.03 Battery; felo