CS/HB 909

1	A bill to be entitled
2	An act relating to homeless persons; amending s. 775.085,
3	F.S.; reclassifying offenses evidencing prejudice based on
4	the homeless status of the victim; providing an effective
5	date.
6
7	Be It Enacted by the Legislature of the State of Florida:
8
9	Section 1.  Subsection (1) of section 775.085, Florida
10	Statutes, is amended to read:
11	775.085  Evidencing prejudice while committing offense;
12	reclassification.--
13	(1)(a)  The penalty for any felony or misdemeanor shall be
14	reclassified as provided in this subsection if the commission of
15	such felony or misdemeanor evidences prejudice based on the
16	race, color, ancestry, ethnicity, religion, sexual orientation,
17	national origin, homeless status, mental or physical disability,
18	or advanced age of the victim:
19	1.  A misdemeanor of the second degree is reclassified to a
20	misdemeanor of the first degree.
21	2.  A misdemeanor of the first degree is reclassified to a
22	felony of the third degree.
23	3.  A felony of the third degree is reclassified to a
24	felony of the second degree.
25	4.  A felony of the second degree is reclassified to a
26	felony of the first degree.
27	5.  A felony of the first degree is reclassified to a life
28	felony.
29	(b)  As used in paragraph (a), the term:
30	1.  "Mental or physical disability" means that the victim
31	suffers from a condition of physical or mental incapacitation
32	due to a developmental disability, organic brain damage, or
33	mental illness, and has one or more physical or mental
34	limitations that restrict the victim's ability to perform the
35	normal activities of daily living.
36	2.  "Advanced age" means that the victim is older than 65
37	years of age.
38	3.  "Homeless status" means that the victim is homeless as
39	the term is defined in s. 420.621.
40	Section 2.  This act shall take effect October 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.