CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0154c1
Florida Senate - 1998 CS for SB 154
By the Committee on Criminal Justice and Senator Campbell
307-489-98
1 A bill to be entitled
2 An act relating to offenses that evidence
3 prejudice; amending s. 775.085, F.S.; providing
4 enhanced penalties for offenses that show
5 evidence of prejudice against the victim, based
6 on the victim's mental or physical disability
7 or advanced age; providing definitions;
8 providing an effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Section 775.085, Florida Statutes, is
13 amended to read:
14 775.085 Evidencing prejudice while committing offense;
15 reclassification enhanced penalties.--
16 (1)(a) The penalty for Any felony or misdemeanor shall
17 be reclassified to the next higher degree as provided in this
18 subsection if the commission of such felony or misdemeanor
19 evidences prejudice based on the race, color, ancestry,
20 ethnicity, religion, sexual orientation, or national origin,
21 mental or physical disability, or advanced age of the victim:
22 1.(a) In the case of a misdemeanor of the second
23 degree, the offense is reclassified to shall be punishable as
24 if it were a misdemeanor of the first degree.
25 2.(b) In the case of a misdemeanor of the first
26 degree, the offense is reclassified to shall be punishable as
27 if it were a felony of the third degree.
28 3.(c) In the case of a felony of the third degree, the
29 offense is reclassified to shall be punishable as if it were a
30 felony of the second degree.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 154
307-489-98
1 4.(d) In the case of a felony of the second degree,
2 the offense is reclassified to shall be punishable as if it
3 were a felony of the first degree.
4 5. In the case of a felony of the first degree, the
5 offense is reclassified to a life felony.
6 (b) As used in paragraph (a), the term:
7 1. "Mental or physical disability" means that the
8 victim suffers from a condition of physical or mental
9 incapacitation due to a developmental disability, organic
10 brain damage, or mental illness, and has one or more physical
11 or mental limitations that restrict the victim's ability to
12 perform the normal activities of daily living.
13 2. "Advanced age" means that the victim is older than
14 65 years of age.
15 (2) For purposes of sentencing under chapter 921 and
16 determining incentive gain-time eligibility under chapter 944,
17 a felony offense that is reclassified under this section is
18 ranked one level above the ranking under s. 921.0022 or s.
19 921.0023 for the felony offense committed. In the case of a
20 first-degree misdemeanor reclassified to a felony of the third
21 degree, for purposes of sentencing under chapter 921 and
22 determining incentive gain-time eligibility under chapter 944,
23 such offense is ranked in level 2 of the offense severity
24 ranking chart of the Criminal Punishment Code.
25 (3)(2) A person or organization that which establishes
26 by clear and convincing evidence that it has been coerced,
27 intimidated, or threatened in violation of this section has
28 shall have a civil cause of action for treble damages, an
29 injunction, or any other appropriate relief in law or in
30 equity. Upon prevailing in such civil action, the plaintiff
31 may recover reasonable attorney's fees and costs.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 154
307-489-98
1 (4)(3) It is shall be an essential element of this
2 section that the record reflect that the defendant perceived,
3 knew, or had reasonable grounds to know or perceive that the
4 victim was within the class delineated in this section herein.
5 Section 2. This act shall take effect October 1, 1998.
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7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 Senate Bill 154
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10 Provides for the ranking in the Florida Punishment Code
offense ranking chart of felonies, and first degree
11 misdemeanors reclassified to third degree felonies for
purposes of sentencing and determining incentive gain-time
12 eligibility.
13 Provides that first degree felonies shall be reclassified to
life felonies.
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Removes the deletion of words necessary to indicate that
15 felonies are to be reclassified under s. 775.085, F.S.
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