Florida Senate - 2024                                      SB 88
       
       
        
       By Senator Osgood
       
       
       
       
       
       32-00092B-24                                            202488__
    1                        A bill to be entitled                      
    2         An act relating to crimes evidencing prejudice;
    3         reordering and amending s. 775.085, F.S.; expanding
    4         grounds for the reclassification of crimes to include
    5         acts of prejudice based on the gender of a victim;
    6         specifying that the reclassification occurs if the
    7         crime was based in whole or in part on the actual or
    8         perceived race, color, ancestry, ethnicity, religion,
    9         gender, sexual orientation, national origin, homeless
   10         status, or advanced age of the victim; defining terms;
   11         making technical changes; reordering and amending s.
   12         775.0863, F.S.; providing for the reclassification of
   13         a crime if it was based in whole or in part on the
   14         actual or perceived mental or physical disability of
   15         the victim; revising the definition of the term
   16         “mental or physical disability”; defining the term
   17         “victim”; making technical changes; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 775.085, Florida Statutes, is reordered
   23  and amended to read:
   24         775.085 Evidencing prejudice while committing offense;
   25  reclassification.—
   26         (2)(1)(a) The penalty for any felony or misdemeanor must
   27  shall be reclassified as provided in this subsection if the
   28  commission of such felony or misdemeanor evidences prejudice
   29  based in whole or in part on the actual or perceived race,
   30  color, ancestry, ethnicity, religion, gender, sexual
   31  orientation, national origin, homeless status, or advanced age
   32  of the victim:
   33         (a)1. A misdemeanor of the second degree is reclassified to
   34  a misdemeanor of the first degree.
   35         (b)2. A misdemeanor of the first degree is reclassified to
   36  a felony of the third degree.
   37         (c)3. A felony of the third degree is reclassified to a
   38  felony of the second degree.
   39         (d)4. A felony of the second degree is reclassified to a
   40  felony of the first degree.
   41         (e)5. A felony of the first degree is reclassified to a
   42  life felony.
   43         (1)(b) As used in this section paragraph (a), the term:
   44         (a)1. “Advanced age” means that the victim is older than 65
   45  years of age.
   46         (b)“Ethnicity” means the cultural characteristics and what
   47  makes someone part of a particular ethnic group.
   48         (c)“Gender” means the sex assigned to an individual at
   49  birth.
   50         (d)2. “Homeless status” means that the victim:
   51         1.a. Lacks a fixed, regular, and adequate nighttime
   52  residence; or
   53         2.b. Has a primary nighttime residence that is:
   54         a.(I) A supervised publicly or privately operated shelter
   55  designed to provide temporary living accommodations; or
   56         b.(II) A public or private place not designed for, or
   57  ordinarily used as, a regular sleeping accommodation for human
   58  beings.
   59         (e)“National origin” means the country in which a person
   60  was born or the nationality of an ancestor or the country of
   61  origin of a person’s ancestors naturally, by marriage, or by
   62  adoption.
   63         (f)Race” includes traits historically associated with
   64  race, including, but not limited to, hair texture, hair type,
   65  and protective hairstyles, such as braids, locs, and twists.
   66         (g)“Religion” means all aspects of religious observance,
   67  practice, and belief.
   68         (h)“Victim” includes, but is not limited to, all of the
   69  following:
   70         1.An individual.
   71         2.A public or private organization that owns property that
   72  is defaced, damaged, or destroyed based upon the perpetrator’s
   73  prejudice against a person or a group within a class delineated
   74  in this section.
   75         3.A state entity or a local governmental entity as defined
   76  in s. 164.1031 which owns property that is defaced, damaged, or
   77  destroyed based upon the perpetrator’s prejudice against a
   78  person or a group within a class delineated in this section.
   79         (3)(2) A person or an organization that establishes by
   80  clear and convincing evidence that it has been coerced,
   81  intimidated, or threatened in violation of this section has a
   82  civil cause of action for treble damages, an injunction, or any
   83  other appropriate relief in law or in equity. Upon prevailing in
   84  such civil action, the plaintiff may recover reasonable attorney
   85  fees and costs.
   86         (4)(3) It is an essential element of this section that the
   87  record reflect that the defendant perceived, knew, or had
   88  reasonable grounds to know or perceive that the victim was
   89  included in a within the class delineated in this section.
   90         Section 2. Section 775.0863, Florida Statutes, is reordered
   91  and amended to read:
   92         775.0863 Evidencing prejudice while committing offense
   93  against person with mental or physical disability;
   94  reclassification.—
   95         (2)(1)(a) The penalty for any felony or misdemeanor must
   96  shall be reclassified as provided in this subsection if the
   97  commission of such felony or misdemeanor evidences prejudice
   98  based in whole or in part on an actual or perceived a mental or
   99  physical disability of the victim:
  100         (a)1. A misdemeanor of the second degree is reclassified to
  101  a misdemeanor of the first degree.
  102         (b)2. A misdemeanor of the first degree is reclassified to
  103  a felony of the third degree.
  104         (c)3. A felony of the third degree is reclassified to a
  105  felony of the second degree.
  106         (d)4. A felony of the second degree is reclassified to a
  107  felony of the first degree.
  108         (e)5. A felony of the first degree is reclassified to a
  109  life felony.
  110         (1)(b) As used in this section paragraph (a), the term:
  111         (a) “Mental or physical disability” means:
  112         1. A condition of mental or physical incapacitation due to
  113  a developmental disability, organic brain damage, or mental
  114  illness, and one or more mental or physical limitations that
  115  restrict a person’s ability to perform the normal activities of
  116  daily living; or
  117         2.A mental or physical impairment that substantially
  118  limits one or more major life activities of an individual. As
  119  used in this subparagraph, the term:
  120         a.“Major life activity” means an important function of an
  121  individual, such as caring for one’s self, performing manual
  122  tasks, walking, seeing, hearing, speaking, breathing, learning,
  123  or working.
  124         b.Mental or physical impairment” means:
  125         (I) A physiological disorder or condition, disfigurement,
  126  or anatomical loss that affects one or more bodily functions; or
  127         (II) A mental or psychological disorder that is addressed
  128  in one of the diagnostic categories specified in the most recent
  129  edition of the Diagnostic and Statistical Manual of Mental
  130  Disorders published by the American Psychiatric Association,
  131  such as an intellectual or developmental disability, organic
  132  brain syndrome, a traumatic brain injury, posttraumatic stress
  133  disorder, or an emotional or mental illness.
  134         (b)“Victim” includes, but is not limited to, all of the
  135  following:
  136         1.An individual.
  137         2.A public or private organization that owns property that
  138  is defaced, damaged, or destroyed based upon the perpetrator’s
  139  prejudice against a person or a group included in the class
  140  delineated in this section.
  141         3.A state entity or a local governmental entity as defined
  142  in s. 164.1031 which owns property that is defaced, damaged, or
  143  destroyed based upon the perpetrator’s prejudice against a
  144  person or a group included in the class delineated in this
  145  section.
  146         (3)(2) A person or an organization that establishes by
  147  clear and convincing evidence that it has been coerced,
  148  intimidated, or threatened in violation of this section has a
  149  civil cause of action for treble damages, an injunction, or any
  150  other appropriate relief in law or in equity. Upon prevailing in
  151  such civil action, the plaintiff may recover reasonable attorney
  152  fees and costs.
  153         (4)(3) It is an essential element of this section that the
  154  record reflect that the defendant perceived, knew, or had
  155  reasonable grounds to know or perceive that the victim was
  156  included in within the class delineated in this section.
  157         Section 3. This act shall take effect July 1, 2024.