HB 1029 2025
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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 crimes evidencing prejudice; 2
amending s. 775.085, F.S.; providing definitions; 3
expanding grounds for the reclassification of crimes 4
to include acts of prejudice based upon the gender of 5
a victim; specifying that the reclassification occu rs 6
if the crime was based in whole or in part on the 7
actual or perceived characteristics of the victim; 8
amending s. 775.0863, F.S.; revising the definition of 9
the term "mental or physical disability"; defining the 10
term "victim"; providing for the reclassif ication of a 11
crime if it was based in whole or in part on the 12
actual or perceived mental or physical disability of 13
the victim; amending s. 817.034, F.S.; conforming 14
provisions to changes made by the act; providing an 15
effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Section 775.085, Florida Statutes, is amended 20
to read: 21
775.085 Evidencing prejudice while committing offense; 22
reclassification.— 23
(1)(b) As used in this section paragraph (a), the term: 24
(a)1. "Advanced age" means that the victim is older than 25
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65 years of age. 26
(b) "Ethnicity" means the cultural characteristics and 27
traits that make someone part of a particular ethnic group. 28
(c) "Gender" means the sex assigned to an individual at 29
birth. 30
(d)2. "Homeless status" means that the victim: 31
1.a. Lacks a fixed, regular, and adequate nighttime 32
residence; or 33
2.b. Has a primary nighttime residence that is: 34
a.(I) A supervised publicly or privately operated shelter 35
designed to provide temporary living a ccommodations; or 36
b.(II) A public or private place not designed for, or 37
ordinarily used as, a regular sleeping accommodation for human 38
beings. 39
(e) "National origin" means the country in which a person 40
was born, the nationality of an ancestor, or the co untry of 41
origin of a person's ancestors whether naturally, by marriage, 42
or by adoption. 43
(f) "Race" includes traits historically associated with 44
race, including, but not limited to, hair texture, hair type, 45
and protective hairstyles, such as braids, locs, and twists. 46
(g) "Religion" means all aspects of religious observance, 47
practice, and belief. 48
(h) "Victim" includes, but is not limited to, all of the 49
following: 50
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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
1. An individual. 51
2. A public or private organization that owns property 52
that is defaced, damaged, or destroyed based upon the 53
perpetrator's prejudice against a person or group included in a 54
class delineated in this section. 55
3. A state entity or a local governmental entity, as 56
defined in s. 164.1031(1), which owns property that is defaced, 57
damaged, or destroyed based upon the perpetrator's prejudice 58
against a person or group included in a class delineated in this 59
section. 60
(2)(a) The penalty for any felony or misdemeanor must 61
shall be reclassified as provided in this subsection if the 62
commission of such felony or misdemeanor evidences prejudice 63
based in whole or in part on the actual or perceived race, 64
color, ancestry, ethnicity, religion, gender, sexual 65
orientation, national origin, homeless status, or advanced age 66
of the victim: 67
(a)1. A misdemeanor of the second degree is reclassified 68
to a misdemeanor of the first degree. 69
(b)2. A misdemeanor of the first degree is reclassified to 70
a felony of the third degree. 71
(c)3. A felony of the third degree is reclassified to a 72
felony of the second degree. 73
(d)4. A felony of the second degree is reclassified to a 74
felony of the first degree. 75
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(e)5. A felony of the first degree is reclassified to a 76
life felony. 77
(3)(2) A person or an organization that establishes by 78
clear and convincing evidence that it has been coerced, 79
intimidated, or threatened in violation of this section has a 80
civil cause of action for treble damages, an injunction, or any 81
other appropriate relief in law or in eq uity. Upon prevailing in 82
such civil action, the plaintiff may recover reasonable attorney 83
fees and costs. 84
(4)(3) It is an essential element of this section that the 85
record reflect that the defendant perceived, knew, or had 86
reasonable grounds to know or p erceive that the victim was 87
included in a within the class delineated in this section. 88
Section 2. Section 775.0863, Florida Statutes, is amended 89
to read: 90
775.0863 Evidencing prejudice while committing offense 91
against person with mental or physical di sability; 92
reclassification.— 93
(1)(b) As used in this section paragraph (a), the term: 94
(a) "Mental or physical disability" means : 95
1. A condition of mental or physical incapacitation due to 96
a developmental disability, organic brain damage, or mental 97
illness, and one or more mental or physical limitations that 98
restrict a person's ability to perform the normal activities of 99
daily living; or 100
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2. A mental or physical impairment that substantially 101
limits one or more major life activities of an individual. As 102
used in this subparagraph, the term: 103
a. "Major life activity" means an important function of an 104
individual, such as caring for one's self, performing manual 105
tasks, walking, seeing, hearing, speaking, breathing, learning, 106
or working. 107
b. "Mental or physical impairment" means: 108
(I) A physiological disorder or condition, disfigurement, 109
or anatomical loss that affects one or more bodily functions; or 110
(II) A mental or psychological disorder that is addressed 111
in one of the diagnostic categories specified i n the most recent 112
edition of the Diagnostic and Statistical Manual of Mental 113
Disorders published by the American Psychiatric Association, 114
such as an intellectual or developmental disability, an organic 115
brain syndrome, a traumatic brain injury, a posttrauma tic stress 116
disorder, or an emotional or a mental illness . 117
(b) "Victim" includes, but is not limited to, all of the 118
following: 119
1. An individual. 120
2. A public or private organization that owns property 121
that is defaced, damaged, or destroyed based upon t he 122
perpetrator's prejudice against a person or a group included in 123
the class delineated in this section. 124
3. A state entity or a local governmental entity, as 125
HB 1029 2025
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defined in s. 164.1031(1), which owns property that is defaced, 126
damaged, or destroyed based upon the perpetrator's prejudice 127
against a person or a group included in the class delineated in 128
this section. 129
(2)(a) The penalty for any felony or misdemeanor must 130
shall be reclassified as provided in this subsection if the 131
commission of such felony or misd emeanor evidences prejudice 132
based in whole or in part on an actual or a perceived a mental 133
or physical disability of the victim: 134
(a)1. A misdemeanor of the second degree is reclassified 135
to a misdemeanor of the first degree. 136
(b)2. A misdemeanor of the first degree is reclassified to 137
a felony of the third degree. 138
(c)3. A felony of the third degree is reclassified to a 139
felony of the second degree. 140
(d)4. A felony of the second degree is reclassified to a 141
felony of the first degre e. 142
(e)5. A felony of the first degree is reclassified to a 143
life felony. 144
(3)(2) A person or an organization that establishes by 145
clear and convincing evidence that it has been coerced, 146
intimidated, or threatened in violation of this section has a 147
civil cause of action for treble damages, an injunction, or any 148
other appropriate relief in law or in equity. Upon prevailing in 149
such civil action, the plaintiff may recover reasonable attorney 150
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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
fees and costs. 151
(4)(3) It is an essential element of this section that the 152
record reflect that the defendant perceived, knew, or had 153
reasonable grounds to know or perceive that the victim was 154
included in within the class delineated in this section. 155
Section 3. Paragraph (c) of subsection (4) of section 156
817.034, Florida Statutes, is amended to read: 157
817.034 Florida Communications Fraud Act. — 158
(4) OFFENSES.— 159
(c) The penalty for committing an offense specified in 160
paragraph (a) or paragraph (b) against a person age 65 years or 161
older, against a minor, or against a person with a mental or 162
physical disability, as defined in s. 775.0863(1) s. 163
775.0863(1)(b), shall be reclassified as follows: 164
1. A misdemeanor of the first degree is reclassified to a 165
felony of the third degree. 166
2. A felony of the third degree is reclassified to a 167
felony of the second degree. 168
3. A felony of the second degree is reclassified to a 169
felony of the first degree. 170
4. A felony of the first degree is reclassified to a life 171
felony. 172
Section 4. This act shall take effect July 1, 2025. 173