Text of FL S 450 (2025)

Florida Senate - 2025 SB 450 By Senator Berman 26-00231C-25 2025450__ 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 acts based on 5 the gender or gender identity of any person; 6 specifying that the reclassification must occur if the 7 crime was based in whole or in part on specified 8 characteristics of any person; providing and revising 9 definitions; amending s. 775.0863, F.S.; replacing the 10 term “mental or physical disability” with the term 11 “disability”; defining the term “disability”; 12 specifying that the reclassification of a certain 13 crime must occur if the crime was based in whole or in 14 part on a disability of any person; amending s. 15 877.19, F.S.; expanding the data the Governor is 16 required to collect and disseminate to include 17 specified incidents; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 775.085, Florida Statutes, is amended to 22 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 gender, race, color, ancestry, ethnicity, 29 religion, sexual orientation, national origin, homeless status, 30 or advanced age, or gender identity of any person the 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 (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 included in a within the class delineated in this section. 69 Section 2. Section 775.0863, Florida Statutes, is amended 70 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 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 felony 84 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” “mental 90 or physical disability” means a physical, psychological, or 91 intellectual impairment that substantially limits one or more of 92 a person’s major life activities a condition of mental or 93 physical incapacitation due to a developmental disability, 94 organic brain damage, or mental illness, and one or more mental 95 or physical limitations that restrict a person’s ability to 96 perform the normal activities of daily living. 97 (2) A person or organization that establishes by clear and 98 convincing evidence that it has been coerced, intimidated, or 99 threatened in violation of this section has a civil cause of 100 action for treble damages, an injunction, or any other 101 appropriate relief in law or in equity. Upon prevailing in such 102 civil action, the plaintiff may recover reasonable attorney fees 103 and costs. 104 (3) It is an essential element of this section that the 105 record reflect that the defendant perceived, knew, or had 106 reasonable grounds to know or perceive that the person victim 107 was included in within the class delineated in this section. 108 Section 3. Subsection (2) of section 877.19, Florida 109 Statutes, is amended to read: 110 877.19 Hate Crimes Reporting Act.— 111 (2) ACQUISITION AND PUBLICATION OF DATA.—The Governor, 112 through the Florida Department of Law Enforcement, shall collect 113 and disseminate data on incidents of criminal acts that evidence 114 prejudice based on gender, race, religion, ethnicity, color, 115 ancestry, sexual orientation, gender identity, disability, or 116 national origin. All law enforcement agencies shall report 117 monthly to the Florida Department of Law Enforcement concerning 118 such offenses in such form and in such manner as prescribed by 119 rules adopted by the department. Such information shall be 120 compiled by the department and disseminated upon request to any 121 local law enforcement agency, unit of local government, or state 122 agency. 123 Section 4. This act shall take effect July 1, 2025.