Florida Senate - 2026                                     SB 402
       
       
        
       By Senator Harrell
       
       
       
       
       
       31-00848-26                                            2026402__
    1                        A bill to be entitled                      
    2         An act relating to offenses evidencing prejudice;
    3         amending s. 775.085, F.S.; requiring the
    4         reclassification of offenses evidencing prejudice
    5         based on the political ideology of the victim;
    6         providing penalties; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (a) of subsection (1) of section
   11  775.085, Florida 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, or advanced age, or political
   19  ideology 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         Section 2. This act shall take effect October 1, 2026.