Florida Senate - 2021 SB 484



By Senator Burgess





20-00874-21 2021484__
1 A bill to be entitled
2 An act relating to combating public disorder; amending
3 s. 166.241, F.S.; authorizing a resident of a
4 municipality to file an appeal to the Administration
5 Commission if the governing body of the municipality
6 makes a specified reduction to the operating budget of
7 a municipal law enforcement agency; requiring the
8 petition to contain specified information; requiring
9 the Executive Office of the Governor to conduct a
10 budget hearing considering the matter and make
11 findings and recommendations to the Administration
12 Commission; requiring the commission to approve,
13 amend, or modify the municipality’s budget; amending
14 s. 316.2045, F.S.; revising the prohibition on
15 obstructing traffic by standing on the street,
16 highway, or road; deleting provisions concerning
17 charitable solicitations; amending s. 768.28, F.S.;
18 creating a cause of action against a municipality for
19 obstructing or interfering with reasonable law
20 enforcement protection during a riot or an unlawful
21 assembly; waiving sovereign immunity for a
22 municipality in specified circumstances; amending s.
23 784.011, F.S.; reclassifying the penalty for an
24 assault committed in furtherance of a riot or an
25 aggravated riot; amending s. 784.021, F.S.; increasing
26 the offense severity ranking of an aggravated assault
27 for the purposes of the Criminal Punishment Code if
28 committed in furtherance of a riot or an aggravated
29 riot; amending s. 784.03, F.S.; reclassifying the
30 penalty for a battery committed in furtherance of a
31 riot or an aggravated riot; amending s. 784.045, F.S.;
32 increasing the offense severity ranking of an
33 aggravated battery for the purposes of the Criminal
34 Punishment Code if committed in furtherance of a riot
35 or an aggravated riot; creating s. 784.0495, F.S.;
36 prohibiting specified assemblies from using or
37 threatening the use of force against another person to
38 do any act or assume or abandon a particular
39 viewpoint; providing a penalty; requiring a person
40 arrested for a violation to be held in custody until
41 first appearance; amending s. 784.07, F.S.; requiring
42 a minimum term of imprisonment for a person convicted
43 of battery on a law enforcement officer committed in
44 furtherance of a riot or an aggravated riot;
45 increasing the offense severity ranking of an assault
46 or battery against specified first responders for the
47 purposes of the Criminal Punishment Code if committed
48 in furtherance of a riot or an aggravated riot;
49 amending s. 806.13, F.S.; prohibiting defacing,
50 injuring, or damaging a memorial; providing a penalty;
51 requiring a court to order restitution for such a
52 violation; creating s. 806.135, F.S.; providing a
53 definition; prohibiting a person from destroying or
54 demolishing a memorial; providing a penalty; requiring
55 a court to order restitution for such a violation;
56 amending s. 810.02, F.S.; reclassifying specified
57 burglary offenses committed during a riot or an
58 aggravated riot and facilitated by conditions arising
59 from the riot; providing a definition; requiring a
60 person arrested for such a violation to be held in
61 custody until first appearance; amending s. 812.014,
62 F.S.; reclassifying specified theft offenses committed
63 during a riot or an aggravated riot and facilitated by
64 conditions arising from the riot; providing a
65 definition; requiring a person arrested for such a
66 violation to be held in custody until first
67 appearance; creating s. 836.115, F.S.; providing
68 definitions; prohibiting cyberintimidation by
69 publication; providing criminal penalties; amending s.
70 870.01, F.S.; prohibiting a person from fighting in a
71 public place; prohibiting specified assemblies from
72 engaging in disorderly and violent conduct resulting
73 in specified damage or injury; providing an increased
74 penalty for rioting under specified circumstances;
75 prohibiting a person from inciting or encouraging a
76 riot; providing an increased penalty for inciting or
77 encouraging a riot under specified circumstances;
78 providing definitions; requiring a person arrested for
79 such a violation to be held in custody until first
80 appearance; providing an exception; amending s.
81 870.02, F.S.; requiring a person arrested for an
82 unlawful assembly to be held in custody until first
83 appearance; amending s. 870.03, F.S.; requiring a
84 person arrested for a riot or rout to be held in
85 custody until first appearance; creating s. 870.07,
86 F.S.; creating an affirmative defense to a civil
87 action where the plaintiff participated in a riot or
88 unlawful assembly; amending s. 872.02, F.S.;
89 increasing the offense severity ranking of specified
90 offenses involving graves and tombs for the purposes
91 of the Criminal Punishment Code if committed in
92 furtherance of a riot or an aggravated riot; amending
93 s. 921.0022, F.S.; conforming provisions to changes
94 made by the act; ranking offenses created by the act
95 on the offense severity ranking chart; providing an
96 effective date.
97
98 Be It Enacted by the Legislature of the State of Florida:
99
100 Section 1. Subsections (4) through (6) of section 166.241,
101 Florida Statutes, are renumbered as subsections (6) through (8),
102 respectively, new subsections (4) and (5) are added to that
103 section, and present subsection (6) of that section is amended,
104 to read:
105 166.241 Fiscal years, budgets, appeal of municipal law
106 enforcement agency budget, and budget amendments.—
107 (4)(a) Within 30 days after a municipality posts its
108 tentative budget to the official website under subsection (3), a
109 resident of the municipality may file an appeal by petition to
110 the Administration Commission if the tentative budget contains a
111 funding reduction to the operating budget of the municipal law
112 enforcement agency. The petition must set forth the tentative
113 budget proposed by the municipality, in the form and manner
114 prescribed by the Executive Office of the Governor and approved
115 by the Administration Commission, the operating budget of the
116 municipal law enforcement agency as approved by the municipality
117 for the previous year, and state the reasons or grounds for the
118 appeal. The petition shall be filed with the Executive Office of
119 the Governor, and a copy served upon the governing body of the
120 municipality or to the clerk of the circuit court of the county
121 in which the municipality is located.
122 (b) The governing body of the municipality has 5 working
123 days after delivery of a copy of the petition to file a reply
124 with the Executive Office of the Governor, and shall deliver a
125 copy of such reply to the petitioner.
126 (5) Upon receipt of the petition, the Executive Office of
127 the Governor shall provide for a budget hearing at which the
128 matters presented in the petition and the reply shall be
129 considered. A report of the findings and recommendations of the
130 Executive Office of the Governor thereon shall be promptly
131 submitted to the Administration Commission, which, within 30
132 days, shall approve the action of the governing body of the
133 municipality or amend or modify the budget as to each separate
134 item within the operating budget of the municipal law
135 enforcement agency. The budget as approved, amended, or modified
136 by the Administration Commission shall be final.
137 (8)(6) If the governing body of a municipality amends the
138 budget pursuant to paragraph (7)(c) paragraph (5)(c), the
139 adopted amendment must be posted on the official website of the
140 municipality within 5 days after adoption and must remain on the
141 website for at least 2 years. If the municipality does not
142 operate an official website, the municipality must, within a
143 reasonable period of time as established by the county or
144 counties in which the municipality is located, transmit the
145 adopted amendment to the manager or administrator of such county
146 or counties who shall post the adopted amendment on the county’s
147 website.
148 Section 2. Section 316.2045, Florida Statutes, is amended
149 to read:
150 316.2045 Obstruction of public streets, highways, and
151 roads.—
152 (1) A It is unlawful for any person may not intentionally
153 or persons willfully to obstruct the free, convenient, and
154 normal use of a any public street, highway, or road by impeding,
155 hindering, stifling, retarding, or restraining traffic or
156 passage thereon, by standing or remaining on the street,
157 highway, or road or approaching motor vehicles thereon, or by
158 endangering the safe movement of vehicles or pedestrians
159 traveling thereon. A ; and any person or persons who violates
160 violate the provisions of this subsection, upon conviction,
161 shall be cited for a pedestrian violation, punishable as
162 provided in chapter 318.
163 (2) It is unlawful, without proper authorization or a
164 lawful permit, for any person or persons willfully to obstruct
165 the free, convenient, and normal use of any public street,
166 highway, or road by any of the means specified in subsection (1)
167 in order to solicit. Any person who violates the provisions of
168 this subsection is guilty of a misdemeanor of the second degree,
169 punishable as provided in s. 775.082 or s. 775.083.
170 Organizations qualified under s. 501(c)(3) of the Internal
171 Revenue Code and registered pursuant to chapter 496, or persons
172 or organizations acting on their behalf are exempted from the
173 provisions of this subsection for activities on streets or roads
174 not maintained by the state. Permits for the use of any portion
175 of a state-maintained road or right-of-way shall be required
176 only for those purposes and in the manner set out in s. 337.406.
177 (3) Permits for the use of any street, road, or right-of
178 way not maintained by the state may be issued by the appropriate
179 local government. An organization that is qualified under s.
180 501(c)(3) of the Internal Revenue Code and registered under
181 chapter 496, or a person or organization acting on behalf of
182 that organization, is exempt from local requirements for a
183 permit issued under this subsection for charitable solicitation
184 activities on or along streets or roads that are not maintained
185 by the state under the following conditions:
186 (a) The organization, or the person or organization acting
187 on behalf of the organization, must provide all of the following
188 to the local government:
189 1. No fewer than 14 calendar days prior to the proposed
190 solicitation, the name and address of the person or organization
191 that will perform the solicitation and the name and address of
192 the organization that will receive funds from the solicitation.
193 2. For review and comment, a plan for the safety of all
194 persons participating in the solicitation, as well as the
195 motoring public, at the locations where the solicitation will
196 take place.
197 3. Specific details of the location or locations of the
198 proposed solicitation and the hours during which the
199 solicitation activities will occur.
200 4. Proof of commercial general liability insurance against
201 claims for bodily injury and property damage occurring on
202 streets, roads, or rights-of-way or arising from the solicitor’s
203 activities or use of the streets, roads, or rights-of-way by the
204 solicitor or the solicitor’s agents, contractors, or employees.
205 The insurance shall have a limit of not less than $1 million per
206 occurrence for the general aggregate. The certificate of
207 insurance shall name the local government as an additional
208 insured and shall be filed with the local government no later
209 than 72 hours before the date of the solicitation.
210 5. Proof of registration with the Department of Agriculture
211 and Consumer Services pursuant to s. 496.405 or proof that the
212 soliciting organization is exempt from the registration
213 requirement.
214 (b) Organizations or persons meeting the requirements of
215 subparagraphs (a)1.-5. may solicit for a period not to exceed 10
216 cumulative days within 1 calendar year.
217 (c) All solicitation shall occur during daylight hours
218 only.
219 (d) Solicitation activities shall not interfere with the
220 safe and efficient movement of traffic and shall not cause
221 danger to the participants or the public.
222 (e) No person engaging in solicitation activities shall
223 persist after solicitation has been denied, act in a demanding
224 or harassing manner, or use any sound or voice-amplifying
225 apparatus or device.
226 (f) All persons participating in the solicitation shall be
227 at least 18 years of age and shall possess picture
228 identification.
229 (g) Signage providing notice of the solicitation shall be
230 posted at least 500 feet before the site of the solicitation.
231 (h) The local government may stop solicitation activities
232 if any conditions or requirements of this subsection are not
233 met.
234 (4) Nothing in this section shall be construed to inhibit
235 political campaigning on the public right-of-way or to require a
236 permit for such activity.
237 (2)(5) Notwithstanding the provisions of subsection (1),
238 any commercial vehicle used solely for the purpose of collecting
239 solid waste or recyclable or recovered materials may stop or
240 stand on any public street, highway, or road for the sole
241 purpose of collecting solid waste or recyclable or recovered
242 materials. However, such solid waste or recyclable or recovered
243 materials collection vehicle shall show or display amber
244 flashing hazard lights at all times that it is engaged in
245 stopping or standing for the purpose of collecting solid waste
246 or recyclable or recovered materials. Local governments may
247 establish reasonable regulations governing the standing and
248 stopping of such commercial vehicles, provided that such
249 regulations are applied uniformly and without regard to the
250 ownership of the vehicles.
251 Section 3. Subsection (5) of section 768.28, Florida
252 Statutes, is amended to read:
253 768.28 Waiver of sovereign immunity in tort actions;
254 recovery limits; civil liability for damages caused during a
255 riot; limitation on attorney fees; statute of limitations;
256 exclusions; indemnification; risk management programs.—
257 (5)(a) The state and its agencies and subdivisions shall be
258 liable for tort claims in the same manner and to the same extent
259 as a private individual under like circumstances, but liability
260 shall not include punitive damages or interest for the period
261 before judgment. Neither the state nor its agencies or
262 subdivisions shall be liable to pay a claim or a judgment by any
263 one person which exceeds the sum of $200,000 or any claim or
264 judgment, or portions thereof, which, when totaled with all
265 other claims or judgments paid by the state or its agencies or
266 subdivisions arising out of the same incident or occurrence,
267 exceeds the sum of $300,000. However, a judgment or judgments
268 may be claimed and rendered in excess of these amounts and may
269 be settled and paid pursuant to this act up to $200,000 or
270 $300,000, as the case may be; and that portion of the judgment
271 that exceeds these amounts may be reported to the Legislature,
272 but may be paid in part or in whole only by further act of the
273 Legislature. Notwithstanding the limited waiver of sovereign
274 immunity provided herein, the state or an agency or subdivision
275 thereof may agree, within the limits of insurance coverage
276 provided, to settle a claim made or a judgment rendered against
277 it without further action by the Legislature, but the state or
278 agency or subdivision thereof shall not be deemed to have waived
279 any defense of sovereign immunity or to have increased the
280 limits of its liability as a result of its obtaining insurance
281 cov