Text of FL H 111 (2022)

HB 111 2022 CODING: Words stricken are deletions; words underlined are additions. hb0111-00 Page 1 of 4 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to offenses evidencing prejudice; 2 amending s. 775.085, F.S.; expanding grounds for the 3 reclassification of offenses to include prejudice 4 based on the gender or gender identity of any person; 5 specifying that reclassification of offenses occurs if 6 the commission of the offense is based on prejudice 7 towards any person on specified grounds; defining the 8 term "gender identity"; amending s. 775.0863, F.S.; 9 replacing the term "mental or physical disability" 10 with the term "disability"; defining the term 11 "disability"; specifying that the reclassification 12 occurs if the offense is based in whole or in part on 13 a disability of any person; providing an effective 14 date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 775.085, Florida Statutes, is amended 19 to read: 20 775.085 Evidencing prejudice while committing offense; 21 reclassification.— 22 (1)(a) The penalty for any felony or misdemeanor shall be 23 reclassified as provided in this subsection if the commission of 24 such felony or misdemeanor evidences prejudice based in whole or 25 HB 111 2022 CODING: Words stricken are deletions; words underlined are additions. hb0111-00 Page 2 of 4 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S in part on the race, color, ancestry, ethnicity, religion, 26 sexual orientation, national origin, homeless status, or 27 advanced age, gender, or gender identity of any person the 28 victim: 29 1. A misdemeanor of the second degree is reclassified to a 30 misdemeanor of the first degree. 31 2. A misdemeanor of the first degree is reclassified to a 32 felony of the third degree. 33 3. A felony of the third degree is reclassified to a 34 felony of the second degree. 35 4. A felony of the second degree is reclassified to a 36 felony of the first degree. 37 5. A felony of the first degree is reclassified to a life 38 felony. 39 (b) As used in paragraph (a), the term: 40 1. "Advanced age" means that the victim is older than 65 41 years of age. 42 2. "Gender identity" means a person's gender-related 43 identity, appearance, or behavior, regardless of whether such 44 gender-related identity, appearance, or behavior is different 45 from that traditionally associated with the person's physiology 46 or assigned sex at birth. 47 3.2. "Homeless status" means that the victim: 48 a. Lacks a fixed, regular, and adequate nighttime 49 residence; or 50 HB 111 2022 CODING: Words stricken are deletions; words underlined are additions. hb0111-00 Page 3 of 4 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S b. Has a primary nighttime residence that is: 51 (I) A supervised publicly or privately operated shelter 52 designed to provide temporary living accommodations; or 53 (II) A public or private place not designed for, or 54 ordinarily used as, a regular sleeping accommodation for human 55 beings. 56 (2) A person or organization that establishes by clear and 57 convincing evidence that it has been coerced, intimidated, or 58 threatened in violation of this section has a civil cause of 59 action for treble damages, an injunction, or any other 60 appropriate relief in law or in equity. Upon prevailing in such 61 civil action, the plaintiff may recover reasonable attorney fees 62 and costs. 63 (3) It is an essential element of this section that the 64 record reflect that the defendant perceived, knew, or had 65 reasonable grounds to know or perceive that the person victim 66 was within the class delineated in this section. 67 Section 2. Subsections (1) and (3) of section 775.0863, 68 Florida Statutes, are amended to read: 69 775.0863 Evidencing prejudice while committing offense 70 against person with mental or physical disability; 71 reclassification.— 72 (1)(a) The penalty for any felony or misdemeanor shall be 73 reclassified as provided in this subsection if the commission of 74 such felony or misdemeanor evidences prejudice based in whole or 75 HB 111 2022 CODING: Words stricken are deletions; words underlined are additions. hb0111-00 Page 4 of 4 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S in part on a mental or physical disability of any person the 76 victim: 77 1. A misdemeanor of the second degree is reclassified to a 78 misdemeanor of the first degree. 79 2. A misdemeanor of the first degree is reclassified to a 80 felony of the third degree. 81 3. A felony of the third degree is reclassified to a 82 felony of the second degree. 83 4. A felony of the second degree is reclassified to a 84 felony of the first degree. 85 5. A felony of the first degree is reclassified to a life 86 felony. 87 (b) As used in paragraph (a), the term "disability" 88 "mental or physical disability" means a physical or mental 89 impairment that substantially limits one or more of a person's 90 major life activities a condition of mental or physical 91 incapacitation due to a developmental disability, organic brain 92 damage, or mental illness, and one or more mental or physical 93 limitations that restrict a person's ability to perform the 94 normal activities of daily living. 95 (3) It is an essential element of this section that the 96 record reflect that the defendant perceived, knew, or had 97 reasonable grounds to know or perceive that the person victim 98 was within the class delineated in this section. 99 Section 3. This act shall take effect October 1, 2022. 100