Title: Public Nuisances

Summary: Prohibiting a person from intentionally dumping onto private property litter that evidences religious or ethnic animus toward an owner or invitee of such property; providing criminal penalties; prohibiting a person from willfully and maliciously harassing, threatening, or intimidating another person based on the person's wearing or displaying of any indicia relating to any religious or ethnic heritage; removing a minimum damage requirement for a violation, etc.

Full Text:
An act relating to public nuisances; amending s. 403.413, F.S.; prohibiting a person from intentionally dumping onto private property litter that evidences religious or ethnic animus toward an owner or invitee of such property; defining the term  animus ; providing criminal penalties; requiring that certain violations be reported pursuant to specified provisions; creating s. 784.0493, F.S.; defining the term  harass ; prohibiting a person from willfully and maliciously harassing, threatening, or intimidating another person based on the person s wearing or displaying of any indicia relating to any religious or ethnic heritage; providing criminal penalties; requiring that certain violations be reported pursuant to specified provisions; amending s. 806.13, F.S.; prohibiting willful and malicious defacement, injury, or damage to certain property; providing criminal penalties; removing a minimum damage requirement for a violation; requiring that certain violations be reported pursuant to specified provisions; defining the term  school ; prohibiting the knowing and intentional display or projection of certain images onto a building, structure, or property without permission; defining the term  image ; providing criminal penalties; providing construction; defining the term  animus ; requiring that certain violations be reported pursuant to specified provisions; creating s. 810.098, F.S.; prohibiting a person who willfully enters the campus of a state university or Florida College System institution for the purpose of threatening or intimidating another person from remaining on such campus after being warned to depart; providing criminal penalties; providing construction; requiring that certain violations be reported pursuant to specified provisions; defining terms; amending s. 871.01, F.S.; prohibiting the willful and malicious interruption or disruption of certain assemblies; providing criminal penalties; providing construction; defining the term  animus ; requiring that certain violations be reported pursuant to specified provisions; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Paragraph (a) of subsection (6) of section 403.413, Florida Statutes, is amended to read: 403.413 Florida Litter Law.  (6) PENALTIES; ENFORCEMENT.  (a) 1.   Except as provided in subparagraph 2., any person who dumps litter in violation of subsection (4) in an amount not exceeding pounds in weight or cubic feet in volume and not for commercial purposes commits a noncriminal infraction, punishable by a civil penalty of $150, from which $50 shall be deposited into the Solid Waste Management Trust Fund to be used for the solid waste management grant program pursuant to s. 403.7095. In addition, the court may require the violator to pick up litter or perform other labor commensurate with the offense committed. 2.   If a person violates subparagraph 1. by intentionally dumping onto private property litter that evidences religious or ethnic animus toward an owner or invitee of such property, the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subparagraph, the term  animus  includes intent to intimidate or threaten or intent to do harm. A violation of this subparagraph shall be reported pursuant to s. 877.19. Section 2. Section 784.0493, Florida Statutes, is created to read: 784.0493   Harassment or intimidation based on religious or ethnic heritage.  (1)   As used in this section, the term  harass  has the same meaning as in s. 784.048. (2)   A person may not willfully and maliciously harass, threaten, or intimidate another person based on the person s wearing or displaying of any indicia relating to any religious or ethnic heritage. (3)   A person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4)   A violation of this section shall be reported pursuant to s. 877.19. Section 3. Present subsections (6) through (10) of section 806.13, Florida Statutes, are redesignated as subsections (7) through (11), respectively, a new subsection (6) is added to that section, and subsection (2) and present subsection (9) of that section are amended, to read: 806.13 Criminal mischief; penalties; penalty for minor.  (2) (a)  Any person who willfully and maliciously defaces, injures, or damages by any means:1.  Any church, synagogue, mosque, or other place of worship, or any religious article contained therein;2.   Any cemetery, grave, or memorial as defined in s. 806.135 which the person knows, or reasonably should have known, is associated with a particular religious or ethnic heritage; or 3.   Any school or community center as defined in s. 893.13(1)(c) which the person knows, or reasonably should have known, is associated with a particular religious or ethnic heritage,commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084,if the damage to the property is greater than $200.(b)   A violation of this subsection shall be reported pursuant to s. 877.19. (c)   For purposes of this subsection, the term  school  means the grounds or facility of any early learning center, prekindergarten, kindergarten, elementary school, middle school, junior high school, secondary school, career center, or postsecondary school, whether public or private. (6)   A person may not knowingly and intentionally display or project, using any medium, an image onto a building, structure, or other property without the written consent of the owner of the building, structure, or property. For purposes of this subsection, the term  image  means a visual representation or likeness of a person or object, including text, graphics, logos, other artwork, or any combination thereof. (a)   A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b)   If a person displays or projects an image that evidences religious or ethnic animus during the commission of an offense under this subsection, it is prima facie evidence that such person has evidenced prejudice in the commission of the offense for the purpose of reclassifying the penalty under s. 775.085. As used in this paragraph, the term  animus  includes intent to intimidate or threaten or intent to do harm. (c)   If the penalty for a violation of this subsection is reclassified under s. 775.085, such a violation shall be reported pursuant to s. 877.19. (10) (9)  A minor whose driver license or driving privilege is revoked, suspended, or withheld under subsection (9) (8) may elect to reduce the period of revocation, suspension, or withholding by performing community service at the rate of day for each hour of community service performed. In addition, if the court determines that due to a family hardship, the minor s driver license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor s family, the court shall order the minor to perform community service and reduce the period of revocation, suspension, or withholding at the rate of day for each hour of community service performed. As used in this subsection, the term  community service  means cleaning graffiti from public property. Section 4. Section 810.098, Florida Statutes, is created to read: 810.098   Trespass for the purpose of threatening or intimidating another person.  (1)(a)   Whoever, without being authorized, licensed, or invited, willfully enters the campus of a state university or Florida College System institution for the purpose of threatening or intimidating another person, and is warned by the state university or Florida College System institution to depart and refuses to do so, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (b)   If a person evidences religious or ethnic animus during the commission of an offense under this subsection, it is prima facie evidence that such person has evidenced prejudice in the commission of the offense for the purpose of reclassifying the penalty under s. 775.085. (c)   If the penalty for a violation of this subsection is reclassified under s. 775.085, such a violation shall be reported pursuant to s. 877.19. (2)   As used in this section, the term: (a)    Animus  includes intent to intimidate or threaten or intent to do harm. (b)    Florida College System institution  has the same meaning as in s. 1000.21(3). (c)    State university  has the same meaning as in s. 1000.21(6). Section 5. Subsection (1) of section 871.01, Florida Statutes, is amended to read: 871.01 Disturbing schools and religious and other assemblies.  (1) (a)  Whoever willfully and maliciously interrupts or disturbs any school or any assembly of people met for the worship of God,any assembly of people met for the purpose of acknowledging the death of an individual, or any assembly of people met for any other lawful purpose commits a misdemeanor of the first second degree, punishable as provided in s. 775.082 or s. 775.083. (b)   If a person evidences religious or ethnic animus during the commission of an offense under this subsection, it is prima facie evidence that such person has evidenced prejudice in the commission of the offense for the purpose of reclassifying the penalty under s. 775.085. As used in this paragraph, the term  animus  includes intent to intimidate or threaten or intent to do harm. (c)   If the penalty for a violation of this subsection is reclassified under s. 775.085, such a violation shall be reported pursuant to s. 877.19. Section 6. This act shall take effect upon becoming a law.