| 1 | A bill to be entitled |
| 2 | An act relating to crimes against homeless persons; |
| 3 | amending s. 775.085, F.S.; reclassifying offenses |
| 4 | evidencing prejudice based on the homeless status of the |
| 5 | victim; providing a definition; providing an effective |
| 6 | date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Subsection (1) of section 775.085, Florida |
| 11 | Statutes, is amended to read: |
| 12 | 775.085 Evidencing prejudice while committing offense; |
| 13 | reclassification.-- |
| 14 | (1)(a) The penalty for any felony or misdemeanor shall be |
| 15 | reclassified as provided in this subsection if the commission of |
| 16 | such felony or misdemeanor evidences prejudice based on the |
| 17 | race, color, ancestry, ethnicity, religion, sexual orientation, |
| 18 | national origin, homeless status, mental or physical disability, |
| 19 | or advanced age of the victim: |
| 20 | 1. A misdemeanor of the second degree is reclassified to a |
| 21 | misdemeanor of the first degree. |
| 22 | 2. A misdemeanor of the first degree is reclassified to a |
| 23 | felony of the third degree. |
| 24 | 3. A felony of the third degree is reclassified to a |
| 25 | felony of the second degree. |
| 26 | 4. A felony of the second degree is reclassified to a |
| 27 | felony of the first degree. |
| 28 | 5. A felony of the first degree is reclassified to a life |
| 29 | felony. |
| 30 | (b) As used in paragraph (a), the term: |
| 31 | 1. "Mental or physical disability" means that the victim |
| 32 | suffers from a condition of physical or mental incapacitation |
| 33 | due to a developmental disability, organic brain damage, or |
| 34 | mental illness, and has one or more physical or mental |
| 35 | limitations that restrict the victim's ability to perform the |
| 36 | normal activities of daily living. |
| 37 | 2. "Advanced age" means that the victim is older than 65 |
| 38 | years of age. |
| 39 | 3. "Homeless status" means that the victim: |
| 40 | a. Lacks a fixed, regular, and adequate nighttime |
| 41 | residence; or |
| 42 | b. Has a primary nighttime residence that is: |
| 43 | (I) A supervised publicly or privately operated shelter |
| 44 | designed to provide temporary living accommodations; or |
| 45 | (II) A public or private place not designed for, or |
| 46 | ordinarily used as, a regular sleeping accommodation for human |
| 47 | beings. |
| 48 | Section 2. This act shall take effect October 1, 2010. |