Florida Senate - 2021                                     SB 194
       
       
        
       By Senator Berman
       
       
       
       
       
       31-00439-21                                            2021194__
    1                        A bill to be entitled                      
    2         An act relating to crimes evidencing prejudice;
    3         amending s. 775.085, F.S.; expanding grounds for the
    4         reclassification of crimes to include prejudice based
    5         on the gender or gender identity of any person;
    6         specifying that the reclassification occurs if the
    7         crime was based in whole or in part on the race,
    8         color, ancestry, ethnicity, religion, sexual
    9         orientation, national origin, homeless status,
   10         advanced age, gender, or gender identity of any
   11         person; defining the term “gender identity”; amending
   12         s. 775.0863, F.S.; replacing the term “mental or
   13         physical disability” with the term “disability”;
   14         defining the term “disability”; specifying that the
   15         reclassification of a certain crime occurs if the
   16         crime was based in whole or in part on a disability of
   17         any person; providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsection (1) of section 775.085, Florida
   22  Statutes, is amended to read:
   23         775.085 Evidencing prejudice while committing offense;
   24  reclassification.—
   25         (1)(a) The penalty for any felony or misdemeanor shall be
   26  reclassified as provided in this subsection if the commission of
   27  such felony or misdemeanor evidences prejudice based in whole or
   28  in part on the race, color, ancestry, ethnicity, religion,
   29  sexual orientation, national origin, homeless status, or
   30  advanced age, gender, or gender identity of any person the
   31  victim:
   32         1. A misdemeanor of the second degree is reclassified to a
   33  misdemeanor of the first degree.
   34         2. A misdemeanor of the first degree is reclassified to a
   35  felony of the third degree.
   36         3. A felony of the third degree is reclassified to a felony
   37  of the second degree.
   38         4. A felony of the second degree is reclassified to a
   39  felony of the first degree.
   40         5. A felony of the first degree is reclassified to a life
   41  felony.
   42         (b) As used in paragraph (a), the term:
   43         1. “Advanced age” means that the person victim is older
   44  than 65 years of age.
   45         2. “Gender identity” means a person’s gender-related
   46  identity, appearance, or behavior, regardless of whether such
   47  gender-related identity, appearance, or behavior is different
   48  from that traditionally associated with the person’s physiology
   49  or assigned sex at birth.
   50         3.2. “Homeless status” means that the person victim:
   51         a. Lacks a fixed, regular, and adequate nighttime
   52  residence; or
   53         b. Has a primary nighttime residence that is:
   54         (I) A supervised publicly or privately operated shelter
   55  designed to provide temporary living accommodations; or
   56         (II) A public or private place not designed for, or
   57  ordinarily used as, a regular sleeping accommodation for human
   58  beings.
   59         Section 2. Section 775.0863, Florida Statutes, is amended
   60  to read:
   61         775.0863 Evidencing prejudice while committing offense
   62  against person with mental or physical disability;
   63  reclassification.—
   64         (1)(a) The penalty for any felony or misdemeanor shall be
   65  reclassified as provided in this subsection if the commission of
   66  such felony or misdemeanor evidences prejudice based in whole or
   67  in part on a mental or physical disability of any person the
   68  victim:
   69         1. A misdemeanor of the second degree is reclassified to a
   70  misdemeanor of the first degree.
   71         2. A misdemeanor of the first degree is reclassified to a
   72  felony of the third degree.
   73         3. A felony of the third degree is reclassified to a felony
   74  of the second degree.
   75         4. A felony of the second degree is reclassified to a
   76  felony of the first degree.
   77         5. A felony of the first degree is reclassified to a life
   78  felony.
   79         (b) As used in paragraph (a), the term “disability” “mental
   80  or physical disability” means a physical or mental impairment
   81  that substantially limits one or more of a person’s major life
   82  activities a condition of mental or physical incapacitation due
   83  to a developmental disability, organic brain damage, or mental
   84  illness, and one or more mental or physical limitations that
   85  restrict a person’s ability to perform the normal activities of
   86  daily living.
   87         (2) A person or organization that establishes by clear and
   88  convincing evidence that it has been coerced, intimidated, or
   89  threatened in violation of this section has a civil cause of
   90  action for treble damages, an injunction, or any other
   91  appropriate relief in law or in equity. Upon prevailing in such
   92  civil action, the plaintiff may recover reasonable attorney fees
   93  and costs.
   94         (3) It is an essential element of this section that the
   95  record reflect that the defendant perceived, knew, or had
   96  reasonable grounds to know or perceive that the person victim
   97  was within the class delineated in this section.
   98         Section 3. This act shall take effect July 1, 2021.