Florida Senate - 2023 SB 276 By Senator Berman 26-00034-23 2023276__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to crimes evidencing prejudice; 2 amending s. 775.085, F.S.; expanding grounds for the 3 reclassification of crimes to include acts of 4 prejudice based on the gender or gender identity of 5 any person; specifying that the reclassification must 6 occur if the crime was based in whole or in part on 7 the race, color, ancestry, ethnicity, religion, sexual 8 orientation, national origin, homeless status, 9 advanced age, gender, or gender identity of any 10 person; revising the

definitions of the terms 11 “advanced age” and “homeless status”; defining the 12 term “gender identity”; amending s. 775.0863, F.S.; 13 replacing the term “mental or physical disability” 14 with the term “disability”; defining the term 15 “disability”; specifying that the reclassification of 16 a certain crime must occur if the crime was based in 17 whole or in part on a disability of any person; 18 amending s. 877.19, F.S.; expanding the data the 19 Governor is required to collect and disseminate to 20 include incidents of criminal acts that evidence 21 prejudice based on gender, gender identity, or 22 disability; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26

Section

Section 775.085, Florida Statutes, is amended to 27 read: 28 775.085 Evidencing prejudice while committing offense; 29

Florida Senate - 2023 SB 276 26-00034-23 2023276__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. reclassification.— 30 (1)(

a) The penalty for any felony or misdemeanor shall be 31 reclassified as provided in this subsection if the commission of 32 such felony or misdemeanor evidences prejudice based in whole or 33 in part on the race, color, ancestry, ethnicity, religion, 34 sexual orientation, national origin, homeless status, or 35 advanced age, gender, or gender identity of any person the 36 victim: 37 1. A misdemeanor of the second degree is reclassified to a 38 misdemeanor of the first degree. 39 2. A misdemeanor of the first degree is reclassified to a 40 felony of the third degree. 41 3.

A felony of the third degree is reclassified to a felony 42 of the second degree. 43 4. A felony of the second degree is reclassified to a 44 felony of the first degree. 45 5. A felony of the first degree is reclassified to a life 46 felony. 47 (

b) As used in paragraph (a), the term: 48 1. “Advanced age” means that the person victim is older 49 than 65 years of age. 50 2. “Gender identity” means a person’s gender-related 51 identity, appearance, or behavior, regardless of whether such 52 gender-related identity, appearance, or behavior is different 53 from that traditionally associated with the person’s physiology 54 or assigned sex at birth. 55 3.2. “Homeless status” means that the person victim: 56 a. Lacks a fixed, regular, and adequate nighttime 57 residence; or 58

Florida Senate - 2023 SB 276 26-00034-23 2023276__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions. b. Has a primary nighttime residence that is: 59 (

I) A supervised publicly or privately operated shelter 60 designed to provide temporary living accommodations; or 61 (II) A public or private place not designed for, or 62 ordinarily used as, a regular sleeping accommodation for human 63 beings. 64

(2) A person or organization that establishes by clear and 65 convincing evidence that it has been coerced, intimidated, or 66 threatened in violation of this

section has a civil cause of 67 action for treble damages, an injunction, or any other 68 appropriate relief in law or in equity. Upon prevailing in such 69 civil action, the plaintiff may recover reasonable attorney fees 70 and costs. 71

(3) It is an essential element of this

section that the 72 record reflect that the defendant perceived, knew, or had 73 reasonable grounds to know or perceive that the person victim 74 was included in a within the class delineated in this section. 75

Section

Section 775.0863, Florida Statutes, is amended 76 to read: 77 775.0863 Evidencing prejudice while committing offense 78 against person with mental or physical disability; 79 reclassification.— 80 (1)(

a) The penalty for any felony or misdemeanor shall be 81 reclassified as provided in this subsection if the commission of 82 such felony or misdemeanor evidences prejudice based in whole or 83 in part on a mental or physical disability of any person the 84 victim: 85 1. A misdemeanor of the second degree is reclassified to a 86 misdemeanor of the first degree. 87

Florida Senate - 2023 SB 276 26-00034-23 2023276__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. 2. A misdemeanor of the first degree is reclassified to a 88 felony of the third degree. 89 3. A felony of the third degree is reclassified to a felony 90 of the second degree. 91 4. A felony of the second degree is reclassified to a 92 felony of the first degree. 93 5. A felony of the first degree is reclassified to a life 94 felony. 95 (

b) As used in paragraph (a), the term “disability” “mental 96 or physical disability” means a physical or mental impairment 97 that substantially limits one or more of a person’s major life 98 activities a condition of mental or physical incapacitation due 99 to a developmental disability, organic brain damage, or mental 100 illness, and one or more mental or physical limitations that 101 restrict a person’s ability to perform the normal activities of 102 daily living. 103

(2) A person or organization that establishes by clear and 104 convincing evidence that it has been coerced, intimidated, or 105 threatened in violation of this

section has a civil cause of 106 action for treble damages, an injunction, or any other 107 appropriate relief in law or in equity. Upon prevailing in such 108 civil action, the plaintiff may recover reasonable attorney fees 109 and costs. 110

(3) It is an essential element of this

section that the 111 record reflect that the defendant perceived, knew, or had 112 reasonable grounds to know or perceive that the person victim 113 was included in within the class delineated in this section. 114

Section 3. Subsection (2) of

section 877.19, Florida 115 Statutes, is amended to read: 116

Florida Senate - 2023 SB 276 26-00034-23 2023276__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. 877.19 Hate Crimes Reporting Act.— 117

(2) ACQUISITION AND PUBLICATION OF DATA.—The Governor, 118 through the Florida Department of Law Enforcement, shall collect 119 and disseminate data on incidents of criminal acts that evidence 120 prejudice based on race, religion, ethnicity, color, ancestry, 121 sexual orientation, gender, gender identity, disability, or 122 national origin. All law enforcement agencies shall report 123 monthly to the Florida Department of Law Enforcement concerning 124 such offenses in such form and in such manner as prescribed by 125 rules adopted by the department.

Such information shall be 126 compiled by the department and disseminated upon request to any 127 local law enforcement agency, unit of local government, or state 128 agency. 129

Section 4. This act shall take effect July 1, 2023. 130