Florida Senate - 2024 SB 88 By Senator Osgood 32-00092B-24 202488__ Page 1 of 6 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to crimes evidencing prejudice; 2 reordering and amending s. 775.085, F.S.; expanding 3 grounds for the reclassification of crimes to include 4 acts of prejudice based on the gender of a victim; 5 specifying that the reclassification occurs if the 6 crime was based in whole or in part on the actual or 7 perceived race, color, ancestry, ethnicity, religion, 8 gender, sexual orientation, national origin, homeless 9 status, or advanced age of the victim; defining terms; 10 making technical changes; reordering and amending s. 11 775.0863, F.S.; providing for the reclassification of 12 a crime if it was based in whole or in part on the 13 actual or perceived mental or physical disability of 14 the victim; revising the definition of the term 15 “mental or physical disability”; defining the term 16 “victim”; making technical changes; providing an 17 effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21

Section

Section 775.085, Florida Statutes, is reordered 22 and amended to read: 23 775.085 Evidencing prejudice while committing offense; 24 reclassification.— 25 (2)(1)(

a) The penalty for any felony or misdemeanor must 26 shall be reclassified as provided in this subsection if the 27 commission of such felony or misdemeanor evidences prejudice 28 based in whole or in part on the actual or perceived race, 29

Florida Senate - 2024 SB 88 32-00092B-24 202488__ Page 2 of 6 CODING: Words stricken are deletions; words underlined are additions. color, ancestry, ethnicity, religion, gender, sexual 30 orientation, national origin, homeless status, or advanced age 31 of the victim: 32 (a)1. A misdemeanor of the second degree is reclassified to 33 a misdemeanor of the first degree. 34 (b)2. A misdemeanor of the first degree is reclassified to 35 a felony of the third degree. 36 (c)3. A felony of the third degree is reclassified to a 37 felony of the second degree. 38 (d)4.

A felony of the second degree is reclassified to a 39 felony of the first degree. 40 (e)5. A felony of the first degree is reclassified to a 41 life felony. 42 (1)(

b) As used in this

section paragraph (a), the term: 43 (a)1. “Advanced age” means that the victim is older than 65 44 years of age. 45 (b) “Ethnicity” means the cultural characteristics and what 46 makes someone part of a particular ethnic group. 47 (c) “Gender” means the sex assigned to an individual at 48 birth. 49 (d)2. “Homeless status” means that the victim: 50 1.a. Lacks a fixed, regular, and adequate nighttime 51 residence; or 52 2.b. Has a primary nighttime residence that is: 53 a.(

I) A supervised publicly or privately operated shelter 54 designed to provide temporary living accommodations; or 55 b.(II) A public or private place not designed for, or 56 ordinarily used as, a regular sleeping accommodation for human 57 beings. 58

Florida Senate - 2024 SB 88 32-00092B-24 202488__ Page 3 of 6 CODING: Words stricken are deletions; words underlined are additions. (e) “National origin” means the country in which a person 59 was born or the nationality of an ancestor or the country of 60 origin of a person’s ancestors naturally, by marriage, or by 61 adoption. 62 (f) “Race” includes traits historically associated with 63 race, including, but not limited to, hair texture, hair type, 64 and protective hairstyles, such as braids, locs, and twists. 65 (g) “Religion” means all aspects of religious observance, 66 practice, and belief. 67 (h) “Victim” includes, but is not limited to, all of the 68 following: 69 1.

An individual. 70 2. A public or private organization that owns property that 71 is defaced, damaged, or destroyed based upon the perpetrator’s 72 prejudice against a person or a group within a class delineated 73 in this section. 74 3. A state entity or a local governmental entity as defined 75 in s. 164.1031 which owns property that is defaced, damaged, or 76 destroyed based upon the perpetrator’s prejudice against a 77 person or a group within a class delineated in this section. 78 (3)

(2) A person or an organization that establishes by 79 clear and convincing evidence that it has been coerced, 80 intimidated, or threatened in violation of this

section has a 81 civil cause of action for treble damages, an injunction, or any 82 other appropriate relief in law or in equity. Upon prevailing in 83 such civil action, the plaintiff may recover reasonable attorney 84 fees and costs. 85 (4)

(3) It is an essential element of this

section that the 86 record reflect that the defendant perceived, knew, or had 87

Florida Senate - 2024 SB 88 32-00092B-24 202488__ Page 4 of 6 CODING: Words stricken are deletions; words underlined are additions. reasonable grounds to know or perceive that the victim was 88 included in a within the class delineated in this section. 89

Section

Section 775.0863, Florida Statutes, is reordered 90 and amended to read: 91 775.0863 Evidencing prejudice while committing offense 92 against person with mental or physical disability; 93 reclassification.— 94 (2)(1)(

a) The penalty for any felony or misdemeanor must 95 shall be reclassified as provided in this subsection if the 96 commission of such felony or misdemeanor evidences prejudice 97 based in whole or in part on an actual or perceived a mental or 98 physical disability of the victim: 99 (a)1. A misdemeanor of the second degree is reclassified to 100 a misdemeanor of the first degree. 101 (b)2. A misdemeanor of the first degree is reclassified to 102 a felony of the third degree. 103 (c)3. A felony of the third degree is reclassified to a 104 felony of the second degree. 105 (d)4.

A felony of the second degree is reclassified to a 106 felony of the first degree. 107 (e)5. A felony of the first degree is reclassified to a 108 life felony. 109 (1)(

b) As used in this

section paragraph (a), the term: 110 (a) “Mental or physical disability” means: 111 1. A condition of mental or physical incapacitation due to 112 a developmental disability, organic brain damage, or mental 113 illness, and one or more mental or physical limitations that 114 restrict a person’s ability to perform the normal activities of 115 daily living; or 116

Florida Senate - 2024 SB 88 32-00092B-24 202488__ Page 5 of 6 CODING: Words stricken are deletions; words underlined are additions. 2. A mental or physical impairment that substantially 117 limits one or more major life activities of an individual. As 118 used in this subparagraph, the term: 119 a. “Major life activity” means an important function of an 120 individual, such as caring for one’s self, performing manual 121 tasks, walking, seeing, hearing, speaking, breathing, learning, 122 or working. 123 b. “Mental or physical impairment” means: 124 (

I) A physiological disorder or condition, disfigurement, 125 or anatomical loss that affects one or more bodily functions; or 126 (II) A mental or psychological disorder that is addressed 127 in one of the diagnostic categories specified in the most recent 128 edition of the Diagnostic and Statistical Manual of Mental 129 Disorders published by the American Psychiatric Association, 130 such as an intellectual or developmental disability, organic 131 brain syndrome, a traumatic brain injury, posttraumatic stress 132 disorder, or an emotional or mental illness. 133 (b) “Victim” includes, but is not limited to, all of the 134 following: 135 1.

An individual. 136 2. A public or private organization that owns property that 137 is defaced, damaged, or destroyed based upon the perpetrator’s 138 prejudice against a person or a group included in the class 139 delineated in this section. 140 3. A state entity or a local governmental entity as defined 141 in s. 164.1031 which owns property that is defaced, damaged, or 142 destroyed based upon the perpetrator’s prejudice against a 143 person or a group included in the class delineated in this 144 section. 145

Florida Senate - 2024 SB 88 32-00092B-24 202488__ Page 6 of 6 CODING: Words stricken are deletions; words underlined are additions. (3)

(2) A person or an organization that establishes by 146 clear and convincing evidence that it has been coerced, 147 intimidated, or threatened in violation of this

section has a 148 civil cause of action for treble damages, an injunction, or any 149 other appropriate relief in law or in equity. Upon prevailing in 150 such civil action, the plaintiff may recover reasonable attorney 151 fees and costs. 152 (4)

(3) It is an essential element of this

section that the 153 record reflect that the defendant perceived, knew, or had 154 reasonable grounds to know or perceive that the victim was 155 included in within the class delineated in this section. 156

Section 3. This act shall take effect July 1, 2024. 157