SESSION WATCH
Died SENATE · SESSION 2026

No. SB 402

Offenses Evidencing Prejudice
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SPONSOR
Harrell
FILED BY
Gayle Harrell — District 31, Republican [search donations]
EFFECTIVE
10/1/2026
DIED IN
Criminal Justice

Filed under Criminal Justice.

PROVIDED SUMMARY

Offenses Evidencing Prejudice; Requiring the reclassification of offenses evidencing prejudice based on the political ideology of the victim, etc.

Full bill text →

Plain English Summary

AI-GENERATED
Adds political ideology to protected bias categories for enhanced penalties.

Florida law currently enhances penalties for crimes motivated by bias against a victim's race, religion, or other listed traits. This bill adds political ideology to that list of protected characteristics.

A crime that evidences prejudice based on a victim's political ideology will now receive a higher penalty classification than the same crime without that bias element.

The enhancement steps up the offense: a second-degree misdemeanor becomes a first-degree misdemeanor, and a first-degree misdemeanor becomes a third-degree felony.

This change applies to both felonies and misdemeanors, meaning the penalty increase can significantly increase potential jail or prison time for the offender.

KEY PROVISIONS
§ 1 Expanded Hate Crime Penalty Enhancements majors. 775.085(1)(a)

AIAdds political ideology to the list of protected characteristics that trigger mandatory penalty reclassification for felonies and misdemeanors.

“evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age, or political ideology of the vic” bill text, line 16 →
TIMELINE
3/13/2026
Died in Criminal Justice
1/13/2026
Introduced
11/17/2025
Referred to Criminal Justice; Appropriations Committee on Criminal...
11/5/2025
Filed
STATUTES IT CHANGES
s. 775.085
+4 / −1