Text of FL S 194 (2021)

Florida Senate - 2021 SB 194 By Senator Berman 31-00439-21 2021194__ 1 A bill to be entitled 2 An act relating to crimes evidencing prejudice; 3 amending s. 775.085, F.S.; expanding grounds for the 4 reclassification of crimes to include prejudice based 5 on the gender or gender identity of any person; 6 specifying that the reclassification occurs if the 7 crime was based in whole or in part on the race, 8 color, ancestry, ethnicity, religion, sexual 9 orientation, national origin, homeless status, 10 advanced age, gender, or gender identity of any 11 person; defining the term “gender identity”; amending 12 s. 775.0863, F.S.; replacing the term “mental or 13 physical disability” with the term “disability”; 14 defining the term “disability”; specifying that the 15 reclassification of a certain crime occurs if the 16 crime was based in whole or in part on a disability of 17 any person; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Subsection (1) of section 775.085, Florida 22 Statutes, is amended to read: 23 775.085 Evidencing prejudice while committing offense; 24 reclassification.— 25 (1)(a) The penalty for any felony or misdemeanor shall be 26 reclassified as provided in this subsection if the commission of 27 such felony or misdemeanor evidences prejudice based in whole or 28 in part on the race, color, ancestry, ethnicity, religion, 29 sexual orientation, national origin, homeless status, or 30 advanced age, gender, or gender identity of any person the 31 victim: 32 1. A misdemeanor of the second degree is reclassified to a 33 misdemeanor of the first degree. 34 2. A misdemeanor of the first degree is reclassified to a 35 felony of the third degree. 36 3. A felony of the third degree is reclassified to a felony 37 of the second degree. 38 4. A felony of the second degree is reclassified to a 39 felony of the first degree. 40 5. A felony of the first degree is reclassified to a life 41 felony. 42 (b) As used in paragraph (a), the term: 43 1. “Advanced age” means that the person victim is older 44 than 65 years of age. 45 2. “Gender identity” means a person’s gender-related 46 identity, appearance, or behavior, regardless of whether such 47 gender-related identity, appearance, or behavior is different 48 from that traditionally associated with the person’s physiology 49 or assigned sex at birth. 50 3.2. “Homeless status” means that the person victim: 51 a. Lacks a fixed, regular, and adequate nighttime 52 residence; or 53 b. Has a primary nighttime residence that is: 54 (I) A supervised publicly or privately operated shelter 55 designed to provide temporary living accommodations; or 56 (II) A public or private place not designed for, or 57 ordinarily used as, a regular sleeping accommodation for human 58 beings. 59 Section 2. Section 775.0863, Florida Statutes, is amended 60 to read: 61 775.0863 Evidencing prejudice while committing offense 62 against person with mental or physical disability; 63 reclassification.— 64 (1)(a) The penalty for any felony or misdemeanor shall be 65 reclassified as provided in this subsection if the commission of 66 such felony or misdemeanor evidences prejudice based in whole or 67 in part on a mental or physical disability of any person the 68 victim: 69 1. A misdemeanor of the second degree is reclassified to a 70 misdemeanor of the first degree. 71 2. A misdemeanor of the first degree is reclassified to a 72 felony of the third degree. 73 3. A felony of the third degree is reclassified to a felony 74 of the second degree. 75 4. A felony of the second degree is reclassified to a 76 felony of the first degree. 77 5. A felony of the first degree is reclassified to a life 78 felony. 79 (b) As used in paragraph (a), the term “disability” “mental 80 or physical disability” means a physical or mental impairment 81 that substantially limits one or more of a person’s major life 82 activities a condition of mental or physical incapacitation due 83 to a developmental disability, organic brain damage, or mental 84 illness, and one or more mental or physical limitations that 85 restrict a person’s ability to perform the normal activities of 86 daily living. 87 (2) A person or organization that establishes by clear and 88 convincing evidence that it has been coerced, intimidated, or 89 threatened in violation of this section has a civil cause of 90 action for treble damages, an injunction, or any other 91 appropriate relief in law or in equity. Upon prevailing in such 92 civil action, the plaintiff may recover reasonable attorney fees 93 and costs. 94 (3) It is an essential element of this section that the 95 record reflect that the defendant perceived, knew, or had 96 reasonable grounds to know or perceive that the person victim 97 was within the class delineated in this section. 98 Section 3. This act shall take effect July 1, 2021.