Florida Senate - 2026                                    SB 1116
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00231A-26                                          20261116__
    1                        A bill to be entitled                      
    2         An act relating to crimes evidencing prejudice;
    3         amending s. 775.085, F.S.; requiring the
    4         reclassification of the penalty for a crime if the
    5         commission of the crime evidences prejudice based on
    6         the victim being a disabled adult; defining the term
    7         “disabled adult”; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (1) of section 775.085, Florida
   12  Statutes, is amended to read:
   13         775.085 Evidencing prejudice while committing offense;
   14  reclassification.—
   15         (1)(a) The penalty for any felony or misdemeanor shall be
   16  reclassified as provided in this subsection if the commission of
   17  such felony or misdemeanor evidences prejudice based on the
   18  race, color, ancestry, ethnicity, religion, sexual orientation,
   19  national origin, homeless status, or advanced age of the victim
   20  or prejudice based on the victim being a disabled adult:
   21         1. A misdemeanor of the second degree is reclassified to a
   22  misdemeanor of the first degree.
   23         2. A misdemeanor of the first degree is reclassified to a
   24  felony of the third degree.
   25         3. A felony of the third degree is reclassified to a felony
   26  of the second degree.
   27         4. A felony of the second degree is reclassified to a
   28  felony of the first degree.
   29         5. A felony of the first degree is reclassified to a life
   30  felony.
   31         (b) As used in paragraph (a), the term:
   32         1. “Advanced age” means that the victim is older than 65
   33  years of age.
   34         2. “Disabled adult” means an individual 18 years of age or
   35  older who suffers from a condition of physical or mental
   36  incapacitation due to a developmental disability, organic brain
   37  damage, or mental illness, or who has one or more physical or
   38  mental limitations that restrict the person’s ability to perform
   39  the normal activities of daily living.
   40         3. “Homeless status” means that the victim:
   41         a. Lacks a fixed, regular, and adequate nighttime
   42  residence; or
   43         b. Has a primary nighttime residence that is:
   44         (I) A supervised publicly or privately operated shelter
   45  designed to provide temporary living accommodations; or
   46         (II) A public or private place not designed for, or
   47  ordinarily used as, a regular sleeping accommodation for human
   48  beings.
   49         Section 2. This act shall take effect July 1, 2026.