Title: Mental or Physical Disabilities

Summary: Citing this act as "Carl's Law"; deleting enhanced penalties for crimes evidencing prejudice based on mental or physical disability; deleting the definition of the term "mental or physical disability"; defining the term "mental or physical disability"; creating enhanced penalties for crimes evidencing prejudice based on mental or physical disability, etc.

Full Text:
An act relating to mental or physical disabilities; providing a short title; amending s. 775.085, F.S.; deleting enhanced penalties for crimes evidencing prejudice based on mental or physical disability; deleting the definition of the term  mental or physical disability ; creating s. 775.0851, F.S.; defining the term  mental or physical disability ; creating enhanced penalties for crimes evidencing prejudice based on mental or physical disability; creating a cause of action for a person or organization that is threatened with certain violations; providing an essential element for such cause of action; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.  This act may be cited as  Carl s Law.  Section 2. Subsection (1) of section 775.085, Florida Statutes, is amended to read: 775.085 Evidencing prejudice while committing offense; reclassification.  (1)(a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, mental or physical disability, or advanced age of the victim: 1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. 2. A misdemeanor of the first degree is reclassified to a felony of the third degree. 3. A felony of the third degree is reclassified to a felony of the second degree. 4. A felony of the second degree is reclassified to a felony of the first degree. 5. A felony of the first degree is reclassified to a life felony. (b) As used in paragraph (a), the term: 1. Mental or physical disability  means that the victim suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, and has one or more physical or mental limitations that restrict the victim s ability to perform the normal activities of daily living. 1. 2.  Advanced age  means that the victim is older than years of age. 2. 3.  Homeless status  means that the victim: a. Lacks a fixed, regular, and adequate nighttime residence; or b. Has a primary nighttime residence that is: (I) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or (II) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. Section 3. Section 775.0851, Florida Statutes, is created to read: 775.0851   Evidencing prejudice while committing offense against person swith mental or physical disabilities; reclassification.  ( )   As used in this section,the term   mental or physical disability  means that the victim suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness and has one or more physical or mental limitations that restrict the victim s ability to perform the normal activities of daily living. ( )   The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of the felony or misdemeanor evidences prejudice based on the mental or physical disability of the victim:(a)   A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. (b)   A misdemeanor of the first degree is reclassified to a felony of the third degree. (c)   A felony of the third degree is reclassified to a felony of the second degree. (d)   A felony of the second degree is reclassified to a felony of the first degree. (e)   A felony of the first degree is reclassified to a life felony. ( )   A person or 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)   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 had a mental or physical disability.Section 4. This act shall take effect October 1, 2016.