Florida HB 1535: Emergencies

Bill Text

HB 1535 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1535-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to crimes evidencing prejudice against 2
disabled adults; amending s. 775.085, F.S.; requiring 3
the reclassification of the penalty for a crime if the 4
commission of the crime evidences prejudice based on 5
the victim being a disabled adult; defining the term 6
"disabled adult"; providing an effective date. 7
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Be It Enacted by the Legislature of the State of Florida: 9
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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, or advanced age of the victim 19
or prejudice based on the victim being a disabled adult: 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

HB 1535 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1535-00
Page 2 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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. "Advanced age" means that the victim is older than 65 32
years of age. 33
2. "Disabled adult" means an individual 18 years of age or 34
older who suffers from a condition of physical or mental 35
incapacitation due to a developmental disability, organic brain 36
damage, or mental illness, or who has one or more physical or 37
mental limitations that restrict the person's ability to perform 38
the normal activities of daily living. 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 July 1, 2026. 49