Title: Offenses Evidencing Prejudice

Summary: Expands grounds for reclassification of offenses to include prejudice based on gender or gender identity of any person; specifies reclassification occurs if commission of offenses is based on prejudice towards any person on specified grounds; replaces term "mental or physical disability" with term "disability"; defines "disability."

Full Text:
An act relating to offenses evidencing prejudice; amending s. 775.085, F.S.; expanding grounds for the reclassification of offenses to include prejudice based on the gender or gender identity of any person; specifying that reclassification of offenses occurs if the commission of the offense is based on prejudice towards any person on specified grounds; defining the term "gender identity"; amending s. 775.0863, F.S.; replacing the term "mental or physical disability" with the term "disability"; defining the term "disability"; specifying that the reclassification occurs if the offense is based in whole or in part on a disability of any person; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. 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 in whole or HB 2022 in part on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age,gender, or gender identity of any person 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 degre e. 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. "Advanced age" means that the victim is older than 41 years of age. 2. "Gender identity" means a person's gender-related identity, appearance, or behavior, regardless of whether such gender-related identity, appearance, or behavior is different from that traditionally associated with the person's physiology or assigned sex at birth. 3.2. "Homeless status" means that the victim: a. Lacks a fixed, regular, and adequate nighttime residence; or HB 2022 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. (2) 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 rel ief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney fees and costs. (3) It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grou nds to know or perceive that the person victim was within the class delineated in this section. Section 2. Subsections (1) and (3) of section 775.0863, Florida Statutes, are amended to read: 775.0863 Evidencing prejudice while committing offense against person with mental or physical disability; 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 in whole or HB 2022 in part on a mental or physical disability of any person 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 paragrap h(a), the term "disability" "mental or physical disability" means a physical or mental impairment that substantially limits one or more of a person's major life activities 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.(3) It is an essential element of this section that the record reflect that the de fendant perceived, knew, or had reasonable grounds to know or perceive that the person victim was within the class delineated in this section. Section 3. This act shall take effect October 1, 2022.