Bill Text: FL S0194 | 2021 | Regular Session | Comm Sub
Bill Title: Crimes Evidencing Prejudice
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Failed) 2021-04-30 - Died in Appropriations [S0194 Detail]
Download: Florida-2021-S0194-Comm_Sub.html
Florida Senate - 2021 CS for SB 194
By the Committee on Criminal Justice; and Senators Berman, Cruz,
and Polsky
591-02151-21 2021194c1
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; amending s. 877.19, F.S.; expanding the
18 data the Governor is required to collect and
19 disseminate to include incidents of criminal acts that
20 evidence prejudice based on gender, gender identity,
21 or disability; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (1) of section 775.085, Florida
26 Statutes, is amended to read:
27 775.085 Evidencing prejudice while committing offense;
28 reclassification.—
29 (1)(a) The penalty for any felony or misdemeanor shall be
30 reclassified as provided in this subsection if the commission of
31 such felony or misdemeanor evidences prejudice based in whole or
32 in part on the race, color, ancestry, ethnicity, religion,
33 sexual orientation, national origin, homeless status, or
34 advanced age, gender, or gender identity of any person the
35 victim:
36 1. A misdemeanor of the second degree is reclassified to a
37 misdemeanor of the first degree.
38 2. A misdemeanor of the first degree is reclassified to a
39 felony of the third degree.
40 3. A felony of the third degree is reclassified to a felony
41 of the second degree.
42 4. A felony of the second degree is reclassified to a
43 felony of the first degree.
44 5. A felony of the first degree is reclassified to a life
45 felony.
46 (b) As used in paragraph (a), the term:
47 1. “Advanced age” means that the person victim is older
48 than 65 years of age.
49 2. “Gender identity” means a person’s gender-related
50 identity, appearance, or behavior, regardless of whether such
51 gender-related identity, appearance, or behavior is different
52 from that traditionally associated with the person’s physiology
53 or assigned sex at birth.
54 3.2. “Homeless status” means that the person victim:
55 a. Lacks a fixed, regular, and adequate nighttime
56 residence; or
57 b. Has a primary nighttime residence that is:
58 (I) A supervised publicly or privately operated shelter
59 designed to provide temporary living accommodations; or
60 (II) A public or private place not designed for, or
61 ordinarily used as, a regular sleeping accommodation for human
62 beings.
63 Section 2. Section 775.0863, Florida Statutes, is amended
64 to read:
65 775.0863 Evidencing prejudice while committing offense
66 against person with mental or physical disability;
67 reclassification.—
68 (1)(a) The penalty for any felony or misdemeanor shall be
69 reclassified as provided in this subsection if the commission of
70 such felony or misdemeanor evidences prejudice based in whole or
71 in part on a mental or physical disability of any person the
72 victim:
73 1. A misdemeanor of the second degree is reclassified to a
74 misdemeanor of the first degree.
75 2. A misdemeanor of the first degree is reclassified to a
76 felony of the third degree.
77 3. A felony of the third degree is reclassified to a felony
78 of the second degree.
79 4. A felony of the second degree is reclassified to a
80 felony of the first degree.
81 5. A felony of the first degree is reclassified to a life
82 felony.
83 (b) As used in paragraph (a), the term “disability” “mental
84 or physical disability” means a physical or mental impairment
85 that substantially limits one or more of a person’s major life
86 activities a condition of mental or physical incapacitation due
87 to a developmental disability, organic brain damage, or mental
88 illness, and one or more mental or physical limitations that
89 restrict a person’s ability to perform the normal activities of
90 daily living.
91 (2) A person or organization that establishes by clear and
92 convincing evidence that it has been coerced, intimidated, or
93 threatened in violation of this section has a civil cause of
94 action for treble damages, an injunction, or any other
95 appropriate relief in law or in equity. Upon prevailing in such
96 civil action, the plaintiff may recover reasonable attorney fees
97 and costs.
98 (3) It is an essential element of this section that the
99 record reflect that the defendant perceived, knew, or had
100 reasonable grounds to know or perceive that the person victim
101 was within the class delineated in this section.
102 Section 3. Subsection (2) of section 877.19, Florida
103 Statutes, is amended to read:
104 877.19 Hate Crimes Reporting Act.—
105 (2) ACQUISITION AND PUBLICATION OF DATA.—The Governor,
106 through the Florida Department of Law Enforcement, shall collect
107 and disseminate data on incidents of criminal acts that evidence
108 prejudice based on race, religion, ethnicity, color, ancestry,
109 sexual orientation, gender, gender identity, disability, or
110 national origin. All law enforcement agencies shall report
111 monthly to the Florida Department of Law Enforcement concerning
112 such offenses in such form and in such manner as prescribed by
113 rules adopted by the department. Such information shall be
114 compiled by the department and disseminated upon request to any
115 local law enforcement agency, unit of local government, or state
116 agency.
117 Section 4. This act shall take effect July 1, 2021.
