Florida Senate - 2018 SB 178
By Senator Garcia
1 A bill to be entitled
2 An act relating to crimes evidencing prejudice;
3 amending s. 775.085, F.S.; requiring reclassified
4 crimes to include actual or perceived sex, creed, or
5 employment in specified jobs of the victims; defining
6 the term “emergency service employee”; reenacting s.
7 921.0022(2), F.S., relating to the Criminal Punishment
8 Code and the offense severity ranking chart, to
9 incorporate the amendment made to s. 775.085, F.S., in
10 a reference thereto; providing an effective date.
12 Be It Enacted by the Legislature of the State of Florida:
14 Section 1. Subsection (1) of section 775.085, Florida
15 Statutes, is amended to read:
16 775.085 Evidencing prejudice while committing offense;
18 (1)(a) The penalty for any felony or misdemeanor shall be
19 reclassified as provided in this subsection if the commission of
20 such felony or misdemeanor evidences prejudice based on the
21 actual or perceived race, sex, creed, color, ancestry,
22 ethnicity, religion, sexual orientation, national origin,
23 homeless status, or advanced age of the victim or based on the
24 actual or perceived employment of the victim as a law
25 enforcement officer or an emergency service employee:
26 1. A misdemeanor of the second degree is reclassified to a
27 misdemeanor of the first degree.
28 2. A misdemeanor of the first degree is reclassified to a
29 felony of the third degree.
30 3. A felony of the third degree is reclassified to a felony
31 of the second degree.
32 4. A felony of the second degree is reclassified to a
33 felony of the first degree.
34 5. A felony of the first degree is reclassified to a life
36 (b) As used in paragraph (a), the term:
37 1. “Advanced age” means that the victim is older than 65
38 years of age.
39 2. “Emergency service employee” has the same meaning as in
40 s. 496.404.
2. “Homeless status” means that the victim:
42 a. Lacks a fixed, regular, and adequate nighttime
43 residence; or
44 b. Has a primary nighttime residence that is:
45 (I) A supervised publicly or privately operated shelter
46 designed to provide temporary living accommodations; or
47 (II) A public or private place not designed for, or
48 ordinarily used as, a regular sleeping accommodation for human
50 Section 2. For the purpose of incorporating the amendment
51 made by this act to section 775.085, Florida Statutes, in a
52 reference thereto, subsection (2) of section 921.0022, Florida
53 Statutes, is reenacted to read:
54 921.0022 Criminal Punishment Code; offense severity ranking
56 (2) The offense severity ranking chart has 10 offense
57 levels, ranked from least severe, which are level 1 offenses, to
58 most severe, which are level 10 offenses, and each felony
59 offense is assigned to a level according to the severity of the
60 offense. For purposes of determining which felony offenses are
61 specifically listed in the offense severity ranking chart and
62 which severity level has been assigned to each of these
63 offenses, the numerical statutory references in the left column
64 of the chart and the felony degree designations in the middle
65 column of the chart are controlling; the language in the right
66 column of the chart is provided solely for descriptive purposes.
67 Reclassification of the degree of the felony through the
68 application of s. 775.0845, s. 775.085, s. 775.0861, s.
69 775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or
70 any other law that provides an enhanced penalty for a felony
71 offense, to any offense listed in the offense severity ranking
72 chart in this section shall not cause the offense to become
73 unlisted and is not subject to the provisions of s. 921.0023.
74 Section 3. This act shall take effect July 1, 2018.