Text of FL H 655 (2020)

HB 655 2020 CODING: Words stricken are deletions; words underlined are additions. hb0655-00 Page 1 of 5 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 offenses is based on prejudice 7 towards any person on specified grounds; providing for 8 reclassification of offenses evidencing prejudice 9 based on the gender or gender identity of the victim; 10 defining the term "gender identity"; amending s. 11 775.0863, F.S.; replacing the term "mental or physical 12 disability" with the term "disability"; defining the 13 term "disability"; specifying that the 14 reclassification occurs if the offense was based in 15 whole or in part on a disability of any person; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 775.085, Florida Statutes, is amended 21 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 HB 655 2020 CODING: Words stricken are deletions; words underlined are additions. hb0655-00 Page 2 of 5 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 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 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 36 felony 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 victim is older than 65 43 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 victim: 50 HB 655 2020 CODING: Words stricken are deletions; words underlined are additions. hb0655-00 Page 3 of 5 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. 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 (2) A person or organization that establishes by clear and 59 convincing evidence that it has been coerced, intimidated, or 60 threatened in violation of this section has a civil cause of 61 action for treble damages, an injunction, or any other 62 appropriate relief in law or in equity. Upon prevailing in such 63 civil action, the plaintiff may recover reasonable attorney fees 64 and costs. 65 (3) It is an essential element of this section that the 66 record reflect that the defendant perceived, knew, or had 67 reasonable grounds to know or perceive that the person victim 68 was within the class delineated in this section. 69 Section 2. Subsections (1) and (3) of section 775.0863, 70 Florida Statutes, are amended to read: 71 775.0863 Evidencing prejudice while committing offense 72 against person with mental or physical disability; 73 reclassification.— 74 (1)(a) The penalty for any felony or misdemeanor shall be 75 HB 655 2020 CODING: Words stricken are deletions; words underlined are additions. hb0655-00 Page 4 of 5 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 reclassified as provided in this subsection if the commission of 76 such felony or misdemeanor evidences prejudice based in whole or 77 in part on a mental or physical disability of any person the 78 victim: 79 1. A misdemeanor of the second degree is reclassified to a 80 misdemeanor of the first degree. 81 2. A misdemeanor of the first degree is reclassified to a 82 felony of the third degree. 83 3. A felony of the third degree is reclassified to a 84 felony of the second degree. 85 4. A felony of the second degree is reclassified to a 86 felony of the first degree. 87 5. A felony of the first degree is reclassified to a life 88 felony. 89 (b) As used in paragraph (a), the term "disability" 90 "mental or physical disability" means a physical or mental 91 impairment that substantially limits one or more of a person's 92 major life activities a condition of mental or physical 93 incapacitation due to a developmental disability, organic brain 94 damage, or mental illness, and one or more mental or physical 95 limitations that restrict a person's ability to perform the 96 normal activities of daily living. 97 (3) It is an essential element of this section that the 98 record reflect that the defendant perceived, knew, or had 99 reasonable grounds to know or perceive that the person victim 100 HB 655 2020 CODING: Words stricken are deletions; words underlined are additions. hb0655-00 Page 5 of 5 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 was within the class delineated in this section. 101 Section 3. This act shall take effect October 1, 2020. 102