Florida Senate - 2010                                     SB 506
       
       
       
       By Senator Ring
       
       
       
       
       32-00062-10                                            2010506__
    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
    5         the victim; providing a definition; providing an
    6         effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   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 felony
   25  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.