This bill amends several sections of Florida Statutes to expand the grounds for reclassifying offenses that evidence prejudice. Specifically, it includes acts based on the gender or gender identity of any person, in addition to existing categories such as race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, and advanced age. The bill defines "gender identity" and revises the definitions of "advanced age" and "homeless status." It also establishes that the reclassification of an offense will occur if it is based in whole or in part on these specified characteristics. Furthermore, it clarifies that it is essential for the record to reflect that the defendant had knowledge or reasonable grounds to perceive the victim's inclusion in these categories.

Additionally, the bill updates the terminology used in relation to disabilities, replacing "mental or physical disability" with "disability" and providing a revised definition. It mandates that the Governor, through the Department of Law Enforcement, collect and disseminate data on incidents of criminal acts evidencing prejudice based on the newly included categories. The bill also outlines penalties for offenses committed against individuals based on these characteristics and establishes civil causes of action for those who have been coerced or threatened in violation of these provisions. The act is set to take effect on October 1, 2026.

Statutes affected:
S 1388 Filed: 775.085, 775.0863, 817.034, 877.19