Florida 2022 Regular Session

Florida House Bill H0883 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	HB 883 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0883-00
9	9	Page 1 of 5
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
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to reclassification of crimes 2
16	16	evidencing prejudice; amending ss. 775.085 and 3
17	17	775.0863, F.S.; providing for the reclassification of 4
18	18	felony and misdemeanor offenses for defacing, 5
19	19	damaging, or destroying a victim's property based upon 6
20	20	a perpetrator's prejudice; defining the term "victim"; 7
21	21	providing an effective date. 8
22	22	9
23	23	Be It Enacted by the Legislature of the State of Florida: 10
24	24	11
25	25	Section 1. Section 775.085, Florida Statutes, is amended 12
26	26	to read: 13
27	27	775.085 Evidencing prejudice while committing offense; 14
28	28	reclassification.— 15
29	29	(2)(1)(a) The penalty for any felony or misdemeanor must 16
30	30	shall be reclassified as provided in this subsection if the 17
31	31	commission of such felony or misdemeanor evidences prejudice 18
32	32	based on the race, color, ancestry, ethnicity, religion, sexual 19
33	33	orientation, national origin, homeless status, or advanced age 20
34	34	of the victim: 21
35	35	(a)1. A misdemeanor of the second degree is reclassified 22
36	36	to a misdemeanor of the first degree. 23
37	37	(b)2. A misdemeanor of the first degree is reclassified to 24
38	38	a felony of the third degree. 25
39	39
40	40	HB 883 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0883-00
46	46	Page 2 of 5
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
48	48
49	49
50	50
51	51	(c)3. A felony of the third degree is reclassified to a 26
52	52	felony of the second degree. 27
53	53	(d)4. A felony of the second degree is re classified to a 28
54	54	felony of the first degree. 29
55	55	(e)5. A felony of the first degree is reclassified to a 30
56	56	life felony. 31
57	57	(1)(b) As used in this section paragraph (a), the term: 32
58	58	(a)1. "Advanced age" means that the victim is older than 33
59	59	65 years of age. 34
60	60	(b)2. "Homeless status" means that the victim: 35
61	61	1.a. Lacks a fixed, regular, and adequate nighttime 36
62	62	residence; or 37
63	63	2.b. Has a primary nighttime residence that is: 38
64	64	a.(I) A supervised publicly or privately operated shelter 39
65	65	designed to provide temporary living accommodations; or 40
66	66	b.(II) A public or private place not designed for, or 41
67	67	ordinarily used as, a regular sleeping accommodation for human 42
68	68	beings. 43
69	69	(c) "Victim" includes, but is not limited to, all of the 44
70	70	following: 45
71	71	1. An individual. 46
72	72	2. A public or private organization that owns property 47
73	73	that is defaced, damaged, or destroyed based upon the 48
74	74	perpetrator's prejudice against a person or a group within a 49
75	75	class delineated in this section. 50
76	76
77	77	HB 883 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0883-00
83	83	Page 3 of 5
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
85	85
86	86
87	87
88	88	3. A state or local governmental entity as defined in s. 51
89	89	164.1031(1) which owns property that is defaced, damaged, or 52
90	90	destroyed based upon the perpetrator's prejudice against a 53
91	91	person or a group within a class delineated in this sect ion. 54
92	92	(3)(2) A person or an organization that establishes by 55
93	93	clear and convincing evidence that it has been coerced, 56
94	94	intimidated, or threatened in violation of this section has a 57
95	95	civil cause of action for treble damages, an injunction, or any 58
96	96	other appropriate relief in law or in equity. Upon prevailing in 59
97	97	such civil action, the plaintiff may recover reasonable attorney 60
98	98	fees and costs. 61
99	99	(4)(3) It is an essential element of this section that the 62
100	100	record reflect that the defendant perceived, knew, or had 63
101	101	reasonable grounds to know or perceive that the victim was 64
102	102	within a the class delineated in this section. 65
103	103	Section 2. Section 775.0863, Florida Statutes, is amended 66
104	104	to read: 67
105	105	775.0863 Evidencing prejudice while committing offense 68
106	106	against person with menta l or physical disability; 69
107	107	reclassification.— 70
108	108	(2)(1)(a) The penalty for any felony or misdemeanor must 71
109	109	shall be reclassified as provided in this subsection if the 72
110	110	commission of such felony or misdemeanor evidences prejudice 73
111	111	based on a mental or physical d isability of the victim: 74
112	112	(a)1. A misdemeanor of the second degree is reclassified 75
113	113
114	114	HB 883 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0883-00
120	120	Page 4 of 5
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
122	122
123	123
124	124
125	125	to a misdemeanor of the first degree. 76
126	126	(b)2. A misdemeanor of the first degree is reclassified to 77
127	127	a felony of the third degree. 78
128	128	(c)3. A felony of the third degree is rec lassified to a 79
129	129	felony of the second degree. 80
130	130	(d)4. A felony of the second degree is reclassified to a 81
131	131	felony of the first degree. 82
132	132	(e)5. A felony of the first degree is reclassified to a 83
133	133	life felony. 84
134	134	(1)(b) As used in this section paragraph (a), the term: 85
135	135	(a) "Mental or physical disability" means a condition of 86
136	136	mental or physical incapacitation due to a developmental 87
137	137	disability, organic brain damage, or mental illness, and one or 88
138	138	more mental or physical limitations that restrict a person's 89
139	139	ability to perform the normal activities of daily living. 90
140	140	(b) "Victim" includes, but is not limited to, all of the 91
141	141	following: 92
142	142	1. An individual. 93
143	143	2. A public or private organization that owns property 94
144	144	that is defaced, damaged, or destroyed based upon the 95
145	145	perpetrator's prejudice against a person or a group within the 96
146	146	class delineated in this section. 97
147	147	3. A state or local governmental entity as defined in s. 98
148	148	164.1031(1) which owns property that is defaced, damaged, or 99
149	149	destroyed based upon the perpetrator's prejudice agains t a 100
150	150
151	151	HB 883 2022
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0883-00
157	157	Page 5 of 5
158	158	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
159	159
160	160
161	161
162	162	person or a group within the class delineated in this section. 101
163	163	(3)(2) A person or an organization that establishes by 102
164	164	clear and convincing evidence that it has been coerced, 103
165	165	intimidated, or threatened in violation of this section has a 104
166	166	civil cause of action for treble damages, an injunction, or any 105
167	167	other appropriate relief in law or in equity. Upon prevailing in 106
168	168	such civil action, the plaintiff may recover reasonable attorney 107
169	169	fees and costs. 108
170	170	(4)(3) It is an essential element of this section that the 109
171	171	record reflect that the defendant perceived, knew, or had 110
172	172	reasonable grounds to know or perceive that the victim was 111
173	173	within the class delineated in this section. 112
174	174	Section 3. This act shall take effect October 1, 2022. 113