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Questions and Answers
What is the criminal punishment for a person who assaults another person in furtherance of a riot or an aggravated riot?
What is the criminal punishment for a person who assaults another person in furtherance of a riot or an aggravated riot?
What is the result of deleting the language 'approaching motor vehicles thereon' from FSS 316.2045?
What is the result of deleting the language 'approaching motor vehicles thereon' from FSS 316.2045?
What is the role of local government in issuing special event permits according to the amended FSS 316.2045?
What is the role of local government in issuing special event permits according to the amended FSS 316.2045?
Who signed the newly enacted Florida law, HB 1: ANTI-RIOT BILL?
Who signed the newly enacted Florida law, HB 1: ANTI-RIOT BILL?
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What is the result of amending FSS 784.021 Aggravated Assault?
What is the result of amending FSS 784.021 Aggravated Assault?
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What is the website where the entire bill, HB 1: ANTI-RIOT BILL, can be found?
What is the website where the entire bill, HB 1: ANTI-RIOT BILL, can be found?
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What is the effect of deleting provisions related to charitable solicitations from FSS 316.2045?
What is the effect of deleting provisions related to charitable solicitations from FSS 316.2045?
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What is the new penalty for a simple battery committed in furtherance of a riot?
What is the new penalty for a simple battery committed in furtherance of a riot?
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What is the minimum term of imprisonment for a person convicted under FSS 784.07 if the offense is committed in furtherance of a riot or an aggravated riot?
What is the minimum term of imprisonment for a person convicted under FSS 784.07 if the offense is committed in furtherance of a riot or an aggravated riot?
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What is the penalty for a person who defaces, injures, or damages a memorial or public property with a value greater than $200?
What is the penalty for a person who defaces, injures, or damages a memorial or public property with a value greater than $200?
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What is the penalty for a person who destroys or demolishes a memorial or historic property without authorization?
What is the penalty for a person who destroys or demolishes a memorial or historic property without authorization?
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What is the penalty for a person who commits mob intimidation?
What is the penalty for a person who commits mob intimidation?
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What happens to a person arrested under FSS 784.0495?
What happens to a person arrested under FSS 784.0495?
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What is the consequence for a person convicted of violating FSS 806.13 or FSS 806.135?
What is the consequence for a person convicted of violating FSS 806.13 or FSS 806.135?
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What is the condition for a person to destroy or demolish a memorial or historic property?
What is the condition for a person to destroy or demolish a memorial or historic property?
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What is the consequence of committing a burglary offense during a riot or an aggravated riot under the amended FSS 810.02?
What is the consequence of committing a burglary offense during a riot or an aggravated riot under the amended FSS 810.02?
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What is the penalty for a person who violates the FSS 836.115 Cyberintimidation by publication?
What is the penalty for a person who violates the FSS 836.115 Cyberintimidation by publication?
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What is the definition of an affray under FSS 870.01?
What is the definition of an affray under FSS 870.01?
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What is the consequence of committing a theft offense during a riot or an aggravated riot under the amended FSS 812.014?
What is the consequence of committing a theft offense during a riot or an aggravated riot under the amended FSS 812.014?
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What is the penalty for a person who commits aggravated rioting?
What is the penalty for a person who commits aggravated rioting?
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What is the minimum number of people required to participate in a riot to be considered aggravated rioting?
What is the minimum number of people required to participate in a riot to be considered aggravated rioting?
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What is the penalty for a person who commits a riot under FSS 870.01?
What is the penalty for a person who commits a riot under FSS 870.01?
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What happens to a person arrested under FSS 810.02 for burglary during a riot or an aggravated riot?
What happens to a person arrested under FSS 810.02 for burglary during a riot or an aggravated riot?
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What is the consequence of a person who incites a riot resulting in property damage in excess of $5,000?
What is the consequence of a person who incites a riot resulting in property damage in excess of $5,000?
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What is the definition of a riot under FSS 870.01?
What is the definition of a riot under FSS 870.01?
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What is the condition for a person arrested under this section to be released on bond?
What is the condition for a person arrested under this section to be released on bond?
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What happens to a person arrested under FSS 812.014 for theft during a riot or an aggravated riot?
What happens to a person arrested under FSS 812.014 for theft during a riot or an aggravated riot?
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What type of activity is not prohibited by this section?
What type of activity is not prohibited by this section?
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What is the penalty for a person who commits inciting a riot?
What is the penalty for a person who commits inciting a riot?
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What is the consequence of a person who supplies a deadly weapon to another person with intent to use it in a riot for an unlawful purpose?
What is the consequence of a person who supplies a deadly weapon to another person with intent to use it in a riot for an unlawful purpose?
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What happens to FSS 870.03 Riots and routs as a result of this section?
What happens to FSS 870.03 Riots and routs as a result of this section?
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Study Notes
HB 1: Anti-Riot Bill
- Signed by Governor Ron DeSantis on April 19, 2021, and effective immediately
Obstruction of Public Streets
- A person may not willfully obstruct the free, convenient, and normal use of a public street, highway, or road by standing on or remaining in the street
- Deletes language regarding approaching motor vehicles
- Local government may issue special event permits
- Deletes provisions related to charitable solicitations
Assault
- A person who assaults another person in furtherance of a riot or an aggravated riot commits a misdemeanor of the first degree
- Punishable as provided in s.775.082 or s. 775.083
Aggravated Assault
- If the person is acting in furtherance of a riot or an aggravated riot, the criminal punishment code increases
- Increases the criminal punishment code of the offense
Battery
- Reclassifies the penalty for a simple battery committed in furtherance of a riot to a third-degree felony
Mob Intimidation
- Unlawful for a person to use force or threaten to use imminent force to compel or induce another person to do or refrain from doing an act
- A person arrested under this section will be held in custody until their first appearance and will not be bondable before then
Assault or Battery on Law Enforcement Officers
- Minimum term of imprisonment of 6 months for a person convicted under this section if the offense is committed in furtherance of a riot or an aggravated riot
Criminal Mischief
- Prohibits the defacement, injuring, or damaging of a memorial or public property
- If the value is greater than $200, the offense is a third-degree felony
- Any person convicted of violating this provision shall be ordered to pay restitution, which shall include the full cost of the repair or replacement of the memorial or historic property
Destroying or Demolishing a Memorial or Historic Property
- Defines the terms "historic property" and "memorial"
- Prohibits a person from destroying or demolishing a memorial or historic property unless authorized by the owner
- A violation of this section is a second-degree felony
- Any person convicted of violating this provision shall be ordered to pay restitution, which shall include the full cost of the repair or replacement of the memorial or historic property
Burglary
- Reclassifies certain burglary offenses committed during a riot or an aggravated riot to a first-degree felony
- Conditions arising from the riot include civil unrest, power outages, curfews, or reduction in the presence of or response time for first responders or homeland security
- A person arrested under this section will be held in custody until their first appearance and will not be bondable before then
Theft
- Reclassifies certain theft offenses committed during a riot or an aggravated riot to a first-degree felony
- A person arrested under this section will be held in custody until their first appearance and will not be bondable before then
Cyberintimidation by Publication
- Unlawful for a person to electronically publish another person's personal identification information with the intent to incite violence or commit a crime against the person
- A person who violates this section commits a first-degree misdemeanor
Affrays and Riots
- Affray: A person commits an affray if they engage in fighting with another person in a public place to the terror of the people
- Riot: A person commits a riot if they willfully participate in a violent public disturbance involving an assembly of three or more persons
- Aggravated Rioting: A person commits aggravated rioting if they participate with 25 or more other persons, cause great bodily harm, or display a deadly weapon
- Inciting a Riot: A person commits inciting a riot if they willfully incite another person to participate in a riot
- Aggravated Inciting a Riot: A person commits aggravated inciting a riot if they incite a riot resulting in great bodily harm or property damage in excess of $5,000
- A person arrested under this section will be held in custody until their first appearance and will not be bondable before then
Unlawful Assemblies
- A person arrested under this section will be held in custody until their first appearance and will not be bondable before then
Repeals
- Repeals FSS 870.03 Riots and routs
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