Anti-Riot_Law_April_19_2021.pdf

LEGAL BULLETIN April 19, 2021 INFORMATION FROM THE OFFICE OF THE GENERAL COUNSEL EFFECTIVE IMMEDIATELY APRIL 19, 2021...

LEGAL BULLETIN April 19, 2021 INFORMATION FROM THE OFFICE OF THE GENERAL COUNSEL EFFECTIVE IMMEDIATELY APRIL 19, 2021 HB 1: ANTI- RIOT BILL Newly enacted Florida law was signed by Governor Ron De Santis on April 19, 2021.  This Legal Bulletin serves as a summary of the parts of the bill which directly affect law enforcement. If you would like to read the bill in its entirety, it can be found here: https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h000 1er.docx&DocumentType=Bill&BillNumber=0001&Session=2021 SYNOPSIS 1. Amends FSS 316.2045 Obstruction of public streets, highways and roads- 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 highway or road; deletes the language “approaching motor vehicles thereon.” It also amends the language regarding citation of this offense. Local government would not be prohibited from issuing a special event permit. It also deletes provisions related to charitable solicitations. 2. Amends FSS 784.011 Assault to include a new subsection: (3) a person who assaults another person in furtherance of a riot or an aggravated riot prohibited under s. 870.01 commits a misdemeanor of the first degree, punishable as provided in s.775.082 or s. 775.083. 3. Amends FSS 784.021 Aggravated Assault to include a new subsection (3) increasing the criminal punishment code of the offense if the person is acting in furtherance of a riot or an aggravated riot under FSS 870.01. 4. Amends FSS 784.03 Battery; Felony Battery- to include a new subsection (3) reclassifying the penalty for a simple battery committed in furtherance of a riot to a third degree felony. 5. Creates FSS 784.0495, Mob Intimidation (first degree misdemeanor) providing that: (1)It is unlawful for a person, assembled with two or more other persons and acting with a common intent, to use force or threaten to use imminent force, to compel or induce, or attempt to compel or induce, another person to do or refrain from doing any act or to assume, abandon, or maintain a particular viewpoint against his or her will.  ***A person arrested under this section will be held in custody until their first appearance and will not be bondable before then*** 6. Amends FSS 784.07 Assault or battery LEO, firefighter, EMS, Public Transit Employees or agents, or other specified officers- requiring a 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. 7. Amends FSS 806.13 Criminal Mischief-to include prohibiting the defacement, injuring or damaging a memorial or public property and the value is greater than $200. This offense is a third degree felony. Any person that is 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. 8. Creates FSS 806.135 Destroying or demolishing a memorial or historic property- defines the terms historic property and memorial and 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 that is 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. 9. Amends FSS 810.02 Burglary- reclassifies certain burglary offenses committed during a riot or an aggravated riot and the perpetration of the burglary is facilitated by conditions arising from the riot to a first-degree felony. Conditions arising from the riot means 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*** 10. Amends FSS 812.014 Theft- reclassifies certain theft offenses committed during a riot or an aggravated riot and the perpetration of the theft is facilitated by conditions arising from the 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*** 11. Creates FSS 836.115 Cyberintimidation by publication- It is unlawful for a person to electronically publish another person’s personal identification information with the intent to, or with the intent that a third party will use the information to: incite violence or commit a crime against the person; or threaten or harass the person; A person who violates this section commits a first degree misdemeanor. 12. Amends FSS 870.01 Affrays and Riots: Affray: A person commits an affray if he or she engages, by mutual consent, in fighting with another person in a public place to the terror of the people. A person who violates this section commits a first- degree misdemeanor. Riot: A person commits a riot if he or she willfully participates in a violent public disturbance involving an assembly of three or more persons, acting with a common intent to assist each other in violent and disorderly conduct, resulting in injury to another person; Damage to property; or imminent danger of  injury to another person or damage to property. A person who violates this section commits a third degree felony. Aggravated Rioting: A person commits aggravated rioting if, in the course of committing a riot, he or she: Participates with 25 or more other persons; Causes great bodily harm to a person not participating in the riot; Causes property damage in excess of $5,000; Displays, uses, threatens to use, or attempts to use a deadly weapon; or By force, or threat of force, endangers the safe movement of a vehicle traveling on a public street, highway, or road. A person who violates this section commits a second- degree felony. Inciting a Riot: A person commits inciting a riot if he or she willfully incites another person to participate in a riot, resulting in a riot or imminent danger of a riot. A person who violates this section commits a third degree felony. Aggravated Inciting a Riot: A person commits aggravated inciting a riot if he or she: Incites a riot resulting in great bodily harm to another person not participating in the riot; Incites a riot resulting in property damage in excess of $5,000; or Supplies a deadly weapon to another person or teaches another person to prepare a deadly weapon with intent that the deadly weapon be used in a riot for an unlawful purpose. A person who violates this section commits a second-degree felony. *** A person arrested under this section will be held in custody until their first appearance and will not be bondable before then. NOTE: THIS SECTION DOES NOT PROHIBIT CONSTITUTIONALLY PROTECTED ACTIVITY SUCH AS A PEACEFUL PROTEST. 13. Amends FSS 870.02 Unlawful Assemblies- A person arrested under this section will be held in custody until their first appearance and will not be bondable before then. 14. Repeals (Deletes) FSS 870.03 Riots and routs 15. Creates FSS 870.07 Affirmative defense in civil action; party convicted of riot- Creates an affirmative defense to a civil action where the plaintiff participated in a riot. For more information please refer to HB 1 or contact the Office of the General Counsel at 954-831-8920 Personnel employed outside of the Broward Sheriff’s Office should contact their own legal department regarding these issues.