THE BILL ITSELF
HB 1117
Offenses Evidencing Prejudice
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A bill to be entitled
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An act relating to offenses evidencing prejudice;
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amending s. 775.085, F.S.; expanding grounds for the
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reclassification of offenses to include acts based on
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the gender or gender identity of any person;
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specifying that the reclassification must occur if the
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offense was based in whole or in part on specified
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characteristics of any person; providing and revising
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definitions; providing that it is an essential element
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of a certain offense that the defendant perceived,
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knew, or had reasonable grounds to know or perceive
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that a person was included in a certain class of
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person; amending s. 775.0863, F.S.; replacing the term
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"mental or physical disability" with the term
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"disability"; revising the definition of such term;
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specifying that the reclassification of a certain
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offense must occur if the offense was based in whole
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or in part on a disability of any person; providing
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penalties; amending s. 817.034; replacing the term
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"mental or physical disability" with the term
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"disability"; reclassifying certain offenses committed
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against a person with a disability; amending s.
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877.19, F.S.; expanding the data the Governor is
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required to collect and disseminate to include
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specified incidents; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 775.085, Florida Statutes, is amended to read:
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775.085 Evidencing prejudice while committing offense;
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reclassification.—
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(1)(a) The penalty for any felony or misdemeanor shall be
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reclassified as provided in this subsection if the commission of
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such felony or misdemeanor evidences prejudice based in whole or
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in part on the gender, race, color, ancestry, ethnicity,
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religion, sexual orientation, national origin, homeless status,
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or advanced age, or gender identity of any person the victim:
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1. A misdemeanor of the second degree is reclassified to a
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misdemeanor of the first degree.
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2. A misdemeanor of the first degree is reclassified to a
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felony of the third degree.
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3. A felony of the third degree is reclassified to a
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felony of the second degree.
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4. A felony of the second degree is reclassified to a
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felony of the first degree.
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5. A felony of the first degree is reclassified to a life
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felony.
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(b) As used in paragraph (a), the term:
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1. "Advanced age" means that the person victim is older
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than 65 years of age.
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2. "Gender identity" means a person's gender-related
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identity, appearance, or behavior, regardless of whether such
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gender-related identity, appearance, or behavior is different
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from that traditionally associated with the person's physiology
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or assigned sex at birth.
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3.2. "Homeless status" means that the person victim:
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a. Lacks a fixed, regular, and adequate nighttime
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residence; or
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b. Has a primary nighttime residence that is:
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(I) A supervised publicly or privately operated shelter
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designed to provide temporary living accommodations; or
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(II) A public or private place not designed for, or
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ordinarily used as, a regular sleeping accommodation for human
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beings.
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(2) A person or organization that establishes by clear and
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convincing evidence that it has been coerced, intimidated, or
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threatened in violation of this section has a civil cause of
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action for treble damages, an injunction, or any other
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appropriate relief in law or in equity. Upon prevailing in such
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civil action, the plaintiff may recover reasonable attorney fees
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and costs.
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(3) It is an essential element of this section that the
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record reflect that the defendant perceived, knew, or had
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reasonable grounds to know or perceive that the person victim
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was included in a within the class delineated in this section.
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Section 2. Section 775.0863, Florida Statutes, is amended
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to read:
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775.0863 Evidencing prejudice while committing offense
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against person with mental or physical disability;
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reclassification.—
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(1)(a) The penalty for any felony or misdemeanor shall be
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reclassified as provided in this subsection if the commission of
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such felony or misdemeanor evidences prejudice based in whole or
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in part on a mental or physical disability of any person the
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victim:
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1. A misdemeanor of the second degree is reclassified to a
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misdemeanor of the first degree.
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2. A misdemeanor of the first degree is reclassified to a
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felony of the third degree.
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3. A felony of the third degree is reclassified to a
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felony of the second degree.
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4. A felony of the second degree is reclassified to a
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felony of the first degree.
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5. A felony of the first degree is reclassified to a life
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felony.
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(b) As used in paragraph (a), the term "mental or physical
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disability" means a physical or mental impairment that
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substantially limits one or more of a person's major life
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activities a condition of mental or physical incapacitation due
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to a developmental disability, organic brain damage, or mental
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illness, and one or more mental or physical limitations that
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restrict a person's ability to perform the normal activities of
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daily living.
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(2) A person or organization that establishes by clear and
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convincing evidence that it has been coerced, intimidated, or
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threatened in violation of this section has a civil cause of
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action for treble damages, an injunction, or any other
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appropriate relief in law or in equity. Upon prevailing in such
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civil action, the plaintiff may recover reasonable attorney fees
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and costs.
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(3) It is an essential element of this section that the
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record reflect that the defendant perceived, knew, or had
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reasonable grounds to know or perceive that the person victim
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was included in within the class delineated in this section.
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Section 3. Paragraph (c) of subsection (4) of section
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817.034, Florida Statutes, is amended, and paragraphs (a) and
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(b) that subsection are republished, to read:
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817.034 Florida Communications Fraud Act.—
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(4) OFFENSES.—
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(a) Any person who engages in a scheme to defraud and
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obtains property thereby commits organized fraud, punishable as
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follows:
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1. If the amount of property obtained has an aggregate
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value of $50,000 or more, the person commits a felony of the
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first degree, punishable as provided in s. 775.082, s. 775.083,
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or s. 775.084.
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2. If the amount of property obtained has an aggregate
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value of $20,000 or more, but less than $50,000, the person
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commits a felony of the second degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084.
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3. If the amount of property obtained has an aggregate
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value of less than $20,000, the person commits a felony of the
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third degree, punishable as provided in s. 775.082, s. 775.083,
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or s. 775.084.
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(b) Any person who engages in a scheme to defraud and, in
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furtherance of that scheme, communicates with any person with
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intent to obtain property from that person commits, for each
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such act of communication, communications fraud, punishable as
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follows:
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1. If the value of property obtained or endeavored to be
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obtained by the communication is valued at $300 or more, the
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person commits a third degree felony, punishable as set forth in
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s. 775.082, s. 775.083, or s. 775.084.
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2. If the value of the property obtained or endeavored to
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be obtained by the communication is valued at less than $300,
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the person commits a misdemeanor of the first degree, punishable
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as set forth in s. 775.082 or s. 775.083.
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(c) The penalty for committing an offense specified in
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paragraph (a) or paragraph (b) against a person age 65 years or
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older, against a minor, or against a person with a mental or
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physical disability, as defined in s. 775.0863(1)(b), shall be
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reclassified as follows:
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1. A misdemeanor of the first degree is reclassified to a
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felony of the third degree.
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2. A felony of the third degree is reclassified to a
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felony of the second degree.
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3. A felony of the second degree is reclassified to a
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felony of the first degree.
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4. A felony of the first degree is reclassified to a life
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felony.
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Section 4. Subsection (2) of section 877.19, Florida
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Statutes, is amended to read:
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877.19 Hate Crimes Reporting Act.—
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(2) ACQUISITION AND PUBLICATION OF DATA.—The Governor,
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through the Florida Department of Law Enforcement, shall collect
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and disseminate data on incidents of criminal acts that evidence
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prejudice based on gender, race, religion, ethnicity, color,
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ancestry, sexual orientation, gender identity, disability, or
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national origin. All law enforcement agencies shall report
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monthly to the Florida Department of Law Enforcement concerning
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such offenses in such form and in such manner as prescribed by
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rules adopted by the department. Such information shall be
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compiled by the department and disseminated upon request to any
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local law enforcement agency, unit of local government, or state
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agency.
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Section 5. This act shall take effect October 1, 2026.