Text of FL H 743 (2019)
Crimes Evidencing Prejudice
Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.
Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)
As introduced
8,573 characters
HB 743
2019
CODING: Words stricken are deletions; words underlined are additions.
hb0743-00
Page 1 of 6
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 crimes evidencing prejudice;
2
amending s. 775.085, F.S.; providing for
3
reclassification of offenses if the commission of the
4
offenses evidences prejudice towards any person in
5
whole or in part on specified grounds; providing for
6
reclassification of offenses evidencing prejudice
7
based on the gender or gender identity of the victim;
8
defining the term "gender identity"; amending s.
9
775.0863, F.S.; requiring grounds for reclassification
10
of crimes to include prejudice based on a disability
11
of any person; revising the definition of the term
12
"disability"; reenacting s. 921.0022(2), F.S.,
13
relating to the Criminal Punishment Code and the
14
offense severity ranking chart, to incorporate the
15
amendments made by the act in cross-references to
16
amended provisions; 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 743
2019
CODING: Words stricken are deletions; words underlined are additions.
hb0743-00
Page 2 of 6
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 in whole or in
27
part based 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 743
2019
CODING: Words stricken are deletions; words underlined are additions.
hb0743-00
Page 3 of 6
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 743
2019
CODING: Words stricken are deletions; words underlined are additions.
hb0743-00
Page 4 of 6
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 in whole or in
77
part based 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 743
2019
CODING: Words stricken are deletions; words underlined are additions.
hb0743-00
Page 5 of 6
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. For the purpose of incorporating the amendments
102
made by this act to sections 775.085 and 775.0863, Florida
103
Statutes, in references thereto, subsection (2) of section
104
921.0022, Florida Statutes, is reenacted to read:
105
921.0022 Criminal Punishment Code; offense severity
106
ranking chart.—
107
(2) The offense severity ranking chart has 10 offense
108
levels, ranked from least severe, which are level 1 offenses, to
109
most severe, which are level 10 offenses, and each felony
110
offense is assigned to a level according to the severity of the
111
offense. For purposes of determining which felony offenses are
112
specifically listed in the offense severity ranking chart and
113
which severity level has been assigned to each of these
114
offenses, the numerical statutory references in the left column
115
of the chart and the felony degree designations in the middle
116
column of the chart are controlling; the language in the right
117
column of the chart is provided solely for descriptive purposes.
118
Reclassification of the degree of the felony through the
119
application of s. 775.0845, s. 775.085, s. 775.0861, s.
120
775.0862, s. 775.0863, s. 775.087, s. 775.0875, s. 794.023, or
121
any other law that provides an enhanced penalty for a felony
122
offense, to any offense listed in the offense severity ranking
123
chart in this section shall not cause the offense to become
124
unlisted and is not subject to the provisions of s. 921.0023.
125
HB 743
2019
CODING: Words stricken are deletions; words underlined are additions.
hb0743-00
Page 6 of 6
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
Section 4. This act shall take effect October 1, 2019.
126