Florida 2022 Regular Session

Florida House Bill H0111 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 111 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0111-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to offenses evidencing prejudice; 2
16	16	amending s. 775.085, F.S.; expanding grounds for the 3
17	17	reclassification of offenses to include prejudice 4
18	18	based on the gender or gender identity of any person; 5
19	19	specifying that reclassification of offenses occurs if 6
20	20	the commission of the offense is based on prejudice 7
21	21	towards any person on specified grounds; defining the 8
22	22	term "gender identity"; amending s. 775.0863, F.S .; 9
23	23	replacing the term "mental or physical disability" 10
24	24	with the term "disability"; defining the term 11
25	25	"disability"; specifying that the reclassification 12
26	26	occurs if the offense is based in whole or in part on 13
27	27	a disability of any person; providing an effective 14
28	28	date. 15
29	29	16
30	30	Be It Enacted by the Legislature of the State of Florida: 17
31	31	18
32	32	Section 1. Section 775.085, Florida Statutes, is amended 19
33	33	to read: 20
34	34	775.085 Evidencing prejudice while committing offense; 21
35	35	reclassification.— 22
36	36	(1)(a) The penalty for any felony or m isdemeanor shall be 23
37	37	reclassified as provided in this subsection if the commission of 24
38	38	such felony or misdemeanor evidences prejudice based in whole or 25
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40	40	HB 111 2022
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0111-00
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47	47	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
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51	51	in part on the race, color, ancestry, ethnicity, religion, 26
52	52	sexual orientation, national origin, homeless s tatus, or 27
53	53	advanced age, gender, or gender identity of any person the 28
54	54	victim: 29
55	55	1. A misdemeanor of the second degree is reclassified to a 30
56	56	misdemeanor of the first degree. 31
57	57	2. A misdemeanor of the first degree is reclassified to a 32
58	58	felony of the third degre e. 33
59	59	3. A felony of the third degree is reclassified to a 34
60	60	felony of the second degree. 35
61	61	4. A felony of the second degree is reclassified to a 36
62	62	felony of the first degree. 37
63	63	5. A felony of the first degree is reclassified to a life 38
64	64	felony. 39
65	65	(b) As used in paragraph (a), the term: 40
66	66	1. "Advanced age" means that the victim is older than 65 41
67	67	years of age. 42
68	68	2. "Gender identity" means a person's gender -related 43
69	69	identity, appearance, or behavior, regardless of whether such 44
70	70	gender-related identity, appearance, or b ehavior is different 45
71	71	from that traditionally associated with the person's physiology 46
72	72	or assigned sex at birth. 47
73	73	3.2. "Homeless status" means that the victim: 48
74	74	a. Lacks a fixed, regular, and adequate nighttime 49
75	75	residence; or 50
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77	77	HB 111 2022
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0111-00
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84	84	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
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88	88	b. Has a primary nighttime residence that is: 51
89	89	(I) A supervised publicly or privately operated shelter 52
90	90	designed to provide temporary living accommodations; or 53
91	91	(II) A public or private place not designed for, or 54
92	92	ordinarily used as, a regular sleeping accommodation for human 55
93	93	beings. 56
94	94	(2) A person or organization that establishes by clear and 57
95	95	convincing evidence that it has been coerced, intimidated, or 58
96	96	threatened in violation of this section has a civil cause of 59
97	97	action for treble damages, an injunction, or any other 60
98	98	appropriate relief in law or in equity. Upon prevailing in such 61
99	99	civil action, the plaintiff may recover reasonable attorney fees 62
100	100	and costs. 63
101	101	(3) It is an essential element of this section that the 64
102	102	record reflect that the defendant perceived, knew, or had 65
103	103	reasonable grounds to know or perceive that the person victim 66
104	104	was within the class delineated in this section. 67
105	105	Section 2. Subsections (1) and (3) of section 775.0863, 68
106	106	Florida Statutes, are amended to read: 69
107	107	775.0863 Evidencing prejudice while committing offense 70
108	108	against person with mental or physical disability; 71
109	109	reclassification.— 72
110	110	(1)(a) The penalty for any felony or misdemeanor shall be 73
111	111	reclassified as provided in this subsection if the commission of 74
112	112	such felony or misdemeanor evidences prejudice based in whole or 75
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114	114	HB 111 2022
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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
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125	125	in part on a mental or physical disability of any person the 76
126	126	victim: 77
127	127	1. A misdemeanor of the second degree is reclassified to a 78
128	128	misdemeanor of the first degree. 79
129	129	2. A misdemeanor of the first degree is reclassified to a 80
130	130	felony of the third degree. 81
131	131	3. A felony of the third degree is reclassified to a 82
132	132	felony of the second degree. 83
133	133	4. A felony of the second degree is reclassified to a 84
134	134	felony of the first degree. 85
135	135	5. A felony of the first degree is reclassified to a life 86
136	136	felony. 87
137	137	(b) As used in paragrap h (a), the term "disability" 88
138	138	"mental or physical disability" means a physical or mental 89
139	139	impairment that substantially limits one or more of a person's 90
140	140	major life activities a condition of mental or physical 91
141	141	incapacitation due to a developmental disability, organic brain 92
142	142	damage, or mental illness, and one or more mental or physical 93
143	143	limitations that restrict a person's ability to perform the 94
144	144	normal activities of daily living . 95
145	145	(3) It is an essential element of this section that the 96
146	146	record reflect that the de fendant perceived, knew, or had 97
147	147	reasonable grounds to know or perceive that the person victim 98
148	148	was within the class delineated in this section. 99
149	149	Section 3. This act shall take effect October 1, 2022. 100