Bill Text: FL S0088 | 2024 | Regular Session | Introduced
Bill Title: Crimes Evidencing Prejudice
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-10-18 - Withdrawn prior to introduction [S0088 Detail]
Download: Florida-2024-S0088-Introduced.html
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 27shallbe 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 sectionparagraph (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 awithintheclass 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 96shallbe 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 perceivedamental 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 sectionparagraph (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 inwithinthe class delineated in this section. 157 Section 3. This act shall take effect July 1, 2024.