Florida SB 1388: Immunity of Motor Vehicle Dealer Leasing and Rental Affiliates

Bill Text

1388 
Offenses Evidencing Prejudice 
2026-01-07T11:44:18Z 
Expanding grounds for the reclassification of offenses to include acts based on the gender or gender identity of any person; requiring that the reclassification occur if the offense was based in whole or in part on specified characteristics of any person; replacing the term “mental or physical disability” with the term “disability” and revising the definition; requiring that the reclassification of a certain offense occur if the offense was based in whole or in part on a disability of any person, etc. 
Original Filed Version 
2026 
S 
2026-10-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1388 

 By Senator Smith 

 17-00449A-26 20261388__ 
 1 A bill to be entitled 
 2 An act relating to offenses evidencing prejudice; 
 3 amending s. 775.085, F.S.; expanding grounds for the 
 4 reclassification of offenses to include acts based on 
 5 the gender or gender identity of any person; requiring 
 6 that the reclassification occur if the offense was 
 7 based in whole or in part on specified characteristics 
 8 of any person; defining the term “gender identity”; 
 9 revising the definitions of the terms “advanced age” 
 10 and “homeless status”; providing that it is an 
 11 essential element of a certain offense that the 
 12 defendant perceived, knew, or had reasonable grounds 
 13 to know or perceive that a person was included in a 
 14 certain class; amending s. 775.0863, F.S.; replacing 
 15 the term “mental or physical disability” with the term 
 16 “disability” and revising the definition; requiring 
 17 that the reclassification of a certain offense occur 
 18 if the offense was based in whole or in part on a 
 19 disability of any person; providing penalties; 
 20 amending s. 817.034, F.S.; conforming provisions to 
 21 changes made by the act; amending s. 877.19, F.S.; 
 22 expanding the data the Governor, through the 
 23 Department of Law Enforcement, is required to collect 
 24 and disseminate to include specified incidents; 
 25 providing an effective date. 
 26 
 27 Be It Enacted by the Legislature of the State of Florida: 
 28 
 29 Section 1. Section 775.085, Florida Statutes, is amended to 
 30 read: 
 31 775.085 Evidencing prejudice while committing offense; 
 32 reclassification.— 
 33 (1)(a) The penalty for any felony or misdemeanor shall be 
 34 reclassified as provided in this subsection if the commission of 
 35 such felony or misdemeanor evidences prejudice based in whole or 
 36 in part on the gender, race, color, ancestry, ethnicity, 
 37 religion, sexual orientation, national origin, homeless status, 
 38 or advanced age, or gender identity of any person the victim: 
 39 1. A misdemeanor of the second degree is reclassified to a 
 40 misdemeanor of the first degree. 
 41 2. A misdemeanor of the first degree is reclassified to a 
 42 felony of the third degree. 
 43 3. A felony of the third degree is reclassified to a felony 
 44 of the second degree. 
 45 4. A felony of the second degree is reclassified to a 
 46 felony of the first degree. 
 47 5. A felony of the first degree is reclassified to a life 
 48 felony. 
 49 (b) As used in paragraph (a), the term: 
 50 1. “Advanced age” means that the person victim is older 
 51 than 65 years of age. 
 52 2. “Gender identity” means a person’s gender-related 
 53 identity, appearance, or behavior, regardless of whether such 
 54 gender-related identity, appearance, or behavior is different 
 55 from that traditionally associated with the person’s physiology 
 56 or assigned sex at birth. 
 57 3.2. “Homeless status” means that the person victim: 
 58 a. Lacks a fixed, regular, and adequate nighttime 
 59 residence; or 
 60 b. Has a primary nighttime residence that is: 
 61 (I) A supervised publicly or privately operated shelter 
 62 designed to provide temporary living accommodations; or 
 63 (II) A public or private place not designed for, or 
 64 ordinarily used as, a regular sleeping accommodation for human 
 65 beings. 
 66 (2) A person or an organization that establishes by clear 
 67 and convincing evidence that it has been coerced, intimidated, 
 68 or threatened in violation of this section has a civil cause of 
 69 action for treble damages, an injunction, or any other 
 70 appropriate relief in law or in equity. Upon prevailing in such 
 71 civil action, the plaintiff may recover reasonable attorney fees 
 72 and costs. 
 73 (3) It is an essential element of this section that the 
 74 record reflect that the defendant perceived, knew, or had 
 75 reasonable grounds to know or perceive that the person victim 
 76 was included in a within the class delineated in this section. 
 77 Section 2. Section 775.0863, Florida Statutes, is amended 
 78 to read: 
 79 775.0863 Evidencing prejudice while committing offense 
 80 against person with mental or physical disability; 
 81 reclassification.— 
 82 (1)(a) The penalty for any felony or misdemeanor shall be 
 83 reclassi