The Florida Senate

775.085  Evidencing prejudice while committing offense; enhanced penalties.--

(1)  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, or national origin of the victim:

(a)  A misdemeanor of the second degree shall be punishable as if it were a misdemeanor of the first degree.

(b)  A misdemeanor of the first degree shall be punishable as if it were a felony of the third degree.

(c)  A felony of the third degree shall be punishable as if it were a felony of the second degree.

(d)  A felony of the second degree shall be punishable as if it were a felony of the first degree.

(2)  A person or organization which establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section shall have 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's fees and costs.

(3)  It shall be 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 within the class delineated herein.

History.--s. 1, ch. 89-133; s. 1, ch. 91-83.