Title: Crimes Evidencing Prejudice

Summary: Expanding grounds for the reclassification of crimes to include acts of prejudice based on the gender of a victim; specifying that the reclassification occurs if the crime was based in whole or in part on the actual or perceived race, color, ancestry, ethnicity, religion, gender, sexual orientation, national origin, homeless status, or advanced age of the victim; providing for the reclassification of a crime if it was based in whole or in part on the actual or perceived mental or physical disability of the victim, etc.

Full Text:
An act relating to crimes evidencing prejudice; reordering and amending s. 775.085, F.S.; expanding grounds for the reclassification of crimes to include acts of prejudice based on the gender of a victim; specifying that the reclassification occurs if the crime was based in whole or in part on the actual or perceived race, color, ancestry, ethnicity, religion, gender, sexual orientation, national origin, homeless status, or advanced age of the victim; defining terms; making technical changes; reordering and amending s. 775.0863, F.S.; providing for the reclassification of a crime if it was based in whole or in part on the actual or perceived mental or physical disability of the victim; revising the definition of the term  mental or physical disability ; defining the term  victim ; making technical changes; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 775.085, Florida Statutes, is reordered and amended to read: 775.085 Evidencing prejudice while committing offense; reclassification.  (2) (1) (a)  The penalty for any felony or misdemeanor must shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based in whole or in part on the actual or perceived race, color, ancestry, ethnicity, religion, gender, sexual orientation, national origin, homeless status, or advanced age of the victim: (a) 1.  A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. (b) 2.  A misdemeanor of the first degree is reclassified to a felony of the third degree. (c) 3.  A felony of the third degree is reclassified to a felony of the second degree. (d) 4.  A felony of the second degree is reclassified to a felony of the first degree. (e) 5.  A felony of the first degree is reclassified to a life felony. (1) (b)  As used in this section paragraph (a),the term: (a) 1.  Advanced age  means that the victim is older than years of age. (b)    Ethnicity  means the cultural characteristics and what makes someone part of a particular ethnic group. (c)    Gender  means the sex assigned to an individual at birth. (d) 2.  Homeless status  means that the victim: 1. a.  Lacks a fixed, regular, and adequate nighttime residence; or 2. b.  Has a primary nighttime residence that is: a. (I)  A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or b. (II)  A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (e)    National origin  means the country in which a person was born or the nationality of an ancestor or the country of origin of a person s ancestors naturally, by marriage, or by adoption. (f)     Race  includes traits historically associated with race, including, but not limited to, hair texture, hair type, and protective hairstyles, such as braids, locs, and twists. (g)    Religion  means all aspects of religious observance, practice, and belief. (h)    Victim  includes, but is not limited to, all of the following: 1.   An individual. 2.   A public or private organization that owns property that is defaced, damaged, or destroyed based upon the perpetrator s prejudice against a person or a group within a class delineated in this section. 3.   A state entity or a local governmental entity as defined in s. 164.1031 which owns property that is defaced, damaged, or destroyed based upon the perpetrator s prejudice against a person or a group within a class delineated in this section. (3) (2)  A person or an organization that establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney fees and costs. (4) (3)  It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was included in a within the class delineated in this section. Section 2. Section 775.0863, Florida Statutes, is reordered and amended to read: 775.0863 Evidencing prejudice while committing offense against person with mental or physical disability; reclassification.  (2) (1) (a)  The penalty for any felony or misdemeanor must shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based in whole or in part on an actual or perceived a mental or physical disability of the victim: (a) 1.  A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. (b) 2.  A misdemeanor of the first degree is reclassified to a felony of the third degree. (c) 3.  A felony of the third degree is reclassified to a felony of the second degree. (d) 4.  A felony of the second degree is reclassified to a felony of the first degree. (e) 5.  A felony of the first degree is reclassified to a life felony. (1) (b)  As used in this section paragraph (a),the term:(a)  Mental or physical disability  means:1.  A condition of mental or physical incapacitation due to a developmental disability, organic brain damage, or mental illness, and one or more mental or physical limitations that restrict a person s ability to perform the normal activities of daily living;or 2.   A mental or physical impairment that substantially limits one or more major life activities of an individual. As used in this subparagraph, the term: a.    Major life activity  means an important function of an individual, such as caring for one s self, performing manual tasks, walking, seeing, hear ing, speaking, breathing, learning, or working. b.     Mental or physical impairment  means: (I)  A physiological disorder or condition, disfigurement, or anatomical loss that affects one or more bodily functions; or (II) A mental or psychological disorder that is addressed in one of the diagnostic categories specified in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, such as an intellectual or developmental disability, organic brain syndrome, a traumatic brain injury, posttraumatic stress disorder, or an emotional or mental illness.(b)    Victim  includes, but is not limited to, all of the following: 1.   An individual. 2.   A public or private organization that owns property that is defaced, damaged, or destroyed based upon the perpetrator s prejudice against a person or a group included in the class delineated in this section. 3.   A state entity or a local governmental entity as defined in s. 164.1031 which owns property that is defaced, damaged, or destroyed based upon the perpetrator s prejudice against a person or a group included in the class delineated in this section. (3) (2)  A person or an organization that establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney fees and costs. (4) (3)  It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was included in within the class delineated in this section. Section 3. This act shall take effect July 1, 2024.