Bill > S1388

This bill expands existing Florida law to enhance penalties for crimes motivated by prejudice. It amends the "Offenses Evidencing Prejudice" statute (s. 775.085, F.S.) to include offenses based on a person's gender or gender identity, in addition to existing categories like race, religion, and sexual orientation. The bill clarifies that the prejudice must be based "in whole or in part" on these characteristics and defines "gender identity" as a person's gender-related identity, appearance, or behavior. It also revises the definitions of "advanced age" and "homeless status" to refer to "person" instead of "victim" and clarifies that the perpetrator must have perceived, known, or had reasonable grounds to know or perceive the victim's protected characteristic. Additionally, the bill amends the statute concerning offenses against persons with disabilities (s. 775.0863, F.S.) to replace "mental or physical disability" with the broader term "disability" and defines it as a physical or mental impairment that substantially limits major life activities. This change also requires that prejudice based "in whole or in part" on a disability leads to reclassification of the offense. Conforming changes are made to the Florida Communications Fraud Act (s. 817.034, F.S.) to ensure that fraud offenses against individuals with disabilities are subject to the same enhanced penalties. Finally, the bill updates the Hate Crimes Reporting Act (s. 877.19, F.S.) to require the Governor, through the Department of Law Enforcement, to collect and disseminate data on incidents of criminal acts evidencing prejudice based on gender and disability, in addition to existing categories.

https://www.flsenate.gov/Session/Bill/2026/1388