THE BILL ITSELF
SB 402
Offenses Evidencing Prejudice
Florida Senate - 2026 SB 402 By Senator Harrell 31-00848-26 2026402__
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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.; requiring the
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reclassification of offenses evidencing prejudice
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based on the political ideology of the victim;
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providing penalties; 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. Paragraph (a) of subsection (1) of section
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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 on the
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race, color, ancestry, ethnicity, religion, sexual orientation,
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national origin, homeless status, or advanced age , or political
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ideology of 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 felony
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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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Section 2. This act shall take effect October 1, 2026.