Florida Senate - 2021 SB 194 By Senator Berman 31-00439-21 2021194__ Page 1 of 4 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 prejudice based 4 on the gender or gender identity of any person; 5 specifying that the reclassification occurs if the 6 crime was based in whole or in part on the race, 7 color, ancestry, ethnicity, religion, sexual 8 orientation, national origin, homeless status, 9 advanced age, gender, or gender identity of any 10 person; defining the term “gender identity”; amending 11 s. 775.0863, F.S.; replacing the term “mental or 12 physical disability” with the term “disability”; 13 defining the term “disability”; specifying that the 14 reclassification of a certain crime occurs if the 15 crime was based in whole or in part on a disability of 16 any person; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20

Section 1. Subsection (1) of

section 775.085, Florida 21 Statutes, is amended to read: 22 775.085 Evidencing prejudice while committing offense; 23 reclassification.— 24 (1)(

a) The penalty for any felony or misdemeanor shall be 25 reclassified as provided in this subsection if the commission of 26 such felony or misdemeanor evidences prejudice based in whole or 27 in part on the race, color, ancestry, ethnicity, religion, 28 sexual orientation, national origin, homeless status, or 29 Florida Senate - 2021 SB 194 31-00439-21 2021194__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. advanced age, gender, or gender identity of any person the 30 victim: 31 1.

A misdemeanor of the second degree is reclassified to a 32 misdemeanor of the first degree. 33 2. A misdemeanor of the first degree is reclassified to a 34 felony of the third degree. 35 3. A felony of the third degree is reclassified to a felony 36 of the second degree. 37 4. A felony of the second degree is reclassified to a 38 felony of the first degree. 39 5. A felony of the first degree is reclassified to a life 40 felony. 41 (

b) As used in paragraph (a), the term: 42 1. “Advanced age” means that the person victim is older 43 than 65 years of age. 44 2. “Gender identity” means a person’s gender-related 45 identity, appearance, or behavior, regardless of whether such 46 gender-related identity, appearance, or behavior is different 47 from that traditionally associated with the person’s physiology 48 or assigned sex at birth. 49 3.2. “Homeless status” means that the person victim: 50 a. Lacks a fixed, regular, and adequate nighttime 51 residence; or 52 b. Has a primary nighttime residence that is: 53 (

I) A supervised publicly or privately operated shelter 54 designed to provide temporary living accommodations; or 55 (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 - 2021 SB 194 31-00439-21 2021194__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions.

Section

Section 775.0863, Florida Statutes, is amended 59 to read: 60 775.0863 Evidencing prejudice while committing offense 61 against person with mental or physical disability; 62 reclassification.— 63 (1)(

a) The penalty for any felony or misdemeanor shall be 64 reclassified as provided in this subsection if the commission of 65 such felony or misdemeanor evidences prejudice based in whole or 66 in part on a mental or physical disability of any person the 67 victim: 68 1. A misdemeanor of the second degree is reclassified to a 69 misdemeanor of the first degree. 70 2. A misdemeanor of the first degree is reclassified to a 71 felony of the third degree. 72 3. A felony of the third degree is reclassified to a felony 73 of the second degree. 74 4.

A felony of the second degree is reclassified to a 75 felony of the first degree. 76 5. A felony of the first degree is reclassified to a life 77 felony. 78 (

b) As used in paragraph (a), the term “disability” “mental 79 or physical disability” means a physical or mental impairment 80 that substantially limits one or more of a person’s major life 81 activities a condition of mental or physical incapacitation due 82 to a developmental disability, organic brain damage, or mental 83 illness, and one or more mental or physical limitations that 84 restrict a person’s ability to perform the normal activities of 85 daily living. 86

(2) A person or organization that establishes by clear and 87 Florida Senate - 2021 SB 194 31-00439-21 2021194__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. convincing evidence that it has been coerced, intimidated, or 88 threatened in violation of this

section has a civil cause of 89 action for treble damages, an injunction, or any other 90 appropriate relief in law or in equity. Upon prevailing in such 91 civil action, the plaintiff may recover reasonable attorney fees 92 and costs. 93

(3) It is an essential element of this

section that the 94 record reflect that the defendant perceived, knew, or had 95 reasonable grounds to know or perceive that the person victim 96 was within the class delineated in this section. 97

Section 3. This act shall take effect July 1, 2021. 98