HB 883 2022
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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 reclassification of crimes 2
evidencing prejudice; amending ss. 775.085 and 3
775.0863, F.S.; providing for the reclassification of 4
felony and misdemeanor offenses for defacing, 5
damaging, or destroying a victim's property based upon 6
a perpetrator's prejudice; defining the term "victim"; 7
providing an effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
11
Section 1. Section 775.085, Florida Statutes, is amended 12
to read: 13
775.085 Evidencing prejudice while committing offense; 14
reclassification.— 15
(2)(1)(a) The penalty for any felony or misdemeanor must 16
shall be reclassified as provided in this subsection if the 17
commission of such felony or misdemeanor evidences prejudice 18
based on the race, color, ancestry, ethnicity, religion, sexual 19
orientation, national origin, homeless status, or advanced age 20
of the victim: 21
(a)1. A misdemeanor of the second degree is reclassified 22
to a misdemeanor of the first degree. 23
(b)2. A misdemeanor of the first degree is reclassified to 24
a felony of the third degree. 25
HB 883 2022
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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
(c)3. A felony of the third degree is reclassified to a 26
felony of the second degree. 27
(d)4. A felony of the second degree is re classified to a 28
felony of the first degree. 29
(e)5. A felony of the first degree is reclassified to a 30
life felony. 31
(1)(b) As used in this section paragraph (a), the term: 32
(a)1. "Advanced age" means that the victim is older than 33
65 years of age. 34
(b)2. "Homeless status" means that the victim: 35
1.a. Lacks a fixed, regular, and adequate nighttime 36
residence; or 37
2.b. Has a primary nighttime residence that is: 38
a.(I) A supervised publicly or privately operated shelter 39
designed to provide temporary living accommodations; or 40
b.(II) A public or private place not designed for, or 41
ordinarily used as, a regular sleeping accommodation for human 42
beings. 43
(c) "Victim" includes, but is not limited to, all of the 44
following: 45
1. An individual. 46
2. A public or private organization that owns property 47
that is defaced, damaged, or destroyed based upon the 48
perpetrator's prejudice against a person or a group within a 49
class delineated in this section. 50
HB 883 2022
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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
3. A state or local governmental entity as defined in s. 51
164.1031(1) which owns property that is defaced, damaged, or 52
destroyed based upon the perpetrator's prejudice against a 53
person or a group within a class delineated in this sect ion. 54
(3)(2) A person or an organization that establishes by 55
clear and convincing evidence that it has been coerced, 56
intimidated, or threatened in violation of this section has a 57
civil cause of action for treble damages, an injunction, or any 58
other appropriate relief in law or in equity. Upon prevailing in 59
such civil action, the plaintiff may recover reasonable attorney 60
fees and costs. 61
(4)(3) It is an essential element of this section that the 62
record reflect that the defendant perceived, knew, or had 63
reasonable grounds to know or perceive that the victim was 64
within a the class delineated in this section. 65
Section 2. Section 775.0863, Florida Statutes, is amended 66
to read: 67
775.0863 Evidencing prejudice while committing offense 68
against person with menta l or physical disability; 69
reclassification.— 70
(2)(1)(a) The penalty for any felony or misdemeanor must 71
shall be reclassified as provided in this subsection if the 72
commission of such felony or misdemeanor evidences prejudice 73
based on a mental or physical d isability of the victim: 74
(a)1. A misdemeanor of the second degree is reclassified 75
HB 883 2022
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to a misdemeanor of the first degree. 76
(b)2. A misdemeanor of the first degree is reclassified to 77
a felony of the third degree. 78
(c)3. A felony of the third degree is rec lassified to a 79
felony of the second degree. 80
(d)4. A felony of the second degree is reclassified to a 81
felony of the first degree. 82
(e)5. A felony of the first degree is reclassified to a 83
life felony. 84
(1)(b) As used in this section paragraph (a), the term: 85
(a) "Mental or physical disability" means a condition of 86
mental or physical incapacitation due to a developmental 87
disability, organic brain damage, or mental illness, and one or 88
more mental or physical limitations that restrict a person's 89
ability to perform the normal activities of daily living. 90
(b) "Victim" includes, but is not limited to, all of the 91
following: 92
1. An individual. 93
2. A public or private organization that owns property 94
that is defaced, damaged, or destroyed based upon the 95
perpetrator's prejudice against a person or a group within the 96
class delineated in this section. 97
3. A state or local governmental entity as defined in s. 98
164.1031(1) which owns property that is defaced, damaged, or 99
destroyed based upon the perpetrator's prejudice agains t a 100
HB 883 2022
CODING: Words stricken are deletions; words underlined are additions.
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person or a group within the class delineated in this section. 101
(3)(2) A person or an organization that establishes by 102
clear and convincing evidence that it has been coerced, 103
intimidated, or threatened in violation of this section has a 104
civil cause of action for treble damages, an injunction, or any 105
other appropriate relief in law or in equity. Upon prevailing in 106
such civil action, the plaintiff may recover reasonable attorney 107
fees and costs. 108
(4)(3) It is an essential element of this section that the 109
record reflect that the defendant perceived, knew, or had 110
reasonable grounds to know or perceive that the victim was 111
within the class delineated in this section. 112
Section 3. This act shall take effect October 1, 2022. 113