Bill Text: FL H0011 | 2010 | Regular Session | Enrolled

Bill Title: Crimes Against Homeless Persons [SPSC]

Spectrum: Moderate Partisan Bill (Democrat 16-2)

Status: (Passed) 2010-05-11 - Approved by Governor; Chapter No. 2010-46 [H0011 Detail]

Download: Florida-2010-H0011-Enrolled.html
HB 11
A bill to be entitled
2An act relating to crimes against homeless persons;
3amending s. 775.085, F.S.; reclassifying offenses
4evidencing prejudice based on the homeless status of the
5victim; providing a definition; providing an effective
8Be It Enacted by the Legislature of the State of Florida:
10 Section 1. Subsection (1) of section 775.085, Florida
11Statutes, is amended to read:
12 775.085 Evidencing prejudice while committing offense;
14 (1)(a) The penalty for any felony or misdemeanor shall be
15reclassified as provided in this subsection if the commission of
16such felony or misdemeanor evidences prejudice based on the
17race, color, ancestry, ethnicity, religion, sexual orientation,
18national origin, homeless status, mental or physical disability,
19or advanced age of the victim:
20 1. A misdemeanor of the second degree is reclassified to a
21misdemeanor of the first degree.
22 2. A misdemeanor of the first degree is reclassified to a
23felony of the third degree.
24 3. A felony of the third degree is reclassified to a
25felony of the second degree.
26 4. A felony of the second degree is reclassified to a
27felony of the first degree.
28 5. A felony of the first degree is reclassified to a life
30 (b) As used in paragraph (a), the term:
31 1. "Mental or physical disability" means that the victim
32suffers from a condition of physical or mental incapacitation
33due to a developmental disability, organic brain damage, or
34mental illness, and has one or more physical or mental
35limitations that restrict the victim's ability to perform the
36normal activities of daily living.
37 2. "Advanced age" means that the victim is older than 65
38years of age.
39 3. "Homeless status" means that the victim:
40 a. Lacks a fixed, regular, and adequate nighttime
41residence; or
42 b. Has a primary nighttime residence that is:
43 (I) A supervised publicly or privately operated shelter
44designed to provide temporary living accommodations; or
45 (II) A public or private place not designed for, or
46ordinarily used as, a regular sleeping accommodation for human
48 Section 2. This act shall take effect October 1, 2010.
CODING: Words stricken are deletions; words underlined are additions.