Florida Statute 775.085 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS

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F.S. 775.085

775.085 Evidencing prejudice while committing offense; reclassification.—

(1)(a) The penalty for any felony or misdemeanor shall be reclassified as provided in this subsection if the commission of such felony or misdemeanor evidences prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of the victim:

1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.

2. A misdemeanor of the first degree is reclassified to a felony of the third degree.

3. A felony of the third degree is reclassified to a felony of the second degree.

4. A felony of the second degree is reclassified to a felony of the first degree.

5. A felony of the first degree is reclassified to a life felony.

(b) As used in paragraph (a), the term:

1. “Advanced age” means that the victim is older than 65 years of age.

2. “Homeless status” means that the victim:

a. Lacks a fixed, regular, and adequate nighttime residence; or

b. Has a primary nighttime residence that is:

(I) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or

(II) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

(2) A person or organization that establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney fees and costs.

(3) It is an essential element of this section that the record reflect that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated in this section.

History.—s. 1, ch. 89-133; s. 1, ch. 91-83; s. 1, ch. 98-83; s. 1, ch. 99-172; s. 1, ch. 2010-46; s. 2, ch. 2016-81.

F.S. 775.085 on Google Scholar

F.S. 775.085 on Casetext

Amendments to 775.085

Arrestable Offenses / Crimes under Fla. Stat. 775.085

Level: Degree
Misdemeanor/Felony: First/Second/Third

S775.085 1a1 - PUBLIC ORDER CRIMES - REMOVED - M: F

S775.085 1a2 - PUBLIC ORDER CRIMES - REMOVED - F: T

S775.085 1a3 - PUBLIC ORDER CRIMES - REMOVED - F: S

S775.085 1a4 - PUBLIC ORDER CRIMES - REMOVED - F: F

S775.085 1a5 - PUBLIC ORDER CRIMES - REMOVED - F: L

Annotations, Discussions, Cases:

Cases Citing Statute 775.085

Total Results: 20

Gary Cornel Melton v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-12

Snippet: to higher degree felonies pursuant to section 775.085(1), Florida Statutes, which permits reclassification

DAVID HARRIS v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-01-22

Snippet: that this attack was racially motivated. See § 775.085(1)(a), Fla. Stat. (2018). Furthermore, the State

In Re: Standard Jury Instructions in Criminal Cases—report 2016-04

Court: Supreme Court of Florida | Date Filed: 2016-12-08

Citation: 206 So. 3d 14

Snippet: BY SELECTING A VICTIM BASED ON PREJUDICE § 775.085, Fla. Stat. and § 775.0863, Fla. Stat. If

Walsh v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-03-04

Citation: 198 So. 3d 783, 2016 Fla. App. LEXIS 3382, 2016 WL 833583

Snippet: degree where the defendant wore a mask; section 775.085 reclassification of any crime to the next higher

Pethtel v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-09-09

Citation: 177 So. 3d 631, 2015 Fla. App. LEXIS 13420, 2015 WL 5559767

Snippet: technician, or a paramedic as separate crimes), with § 775.085, Fla. Stat. (2010) (explicitly providing for reclassification

In Re Standard Jury Instructions in Criminal Cases—Report 2011-01

Court: Supreme Court of Florida | Date Filed: 2011-09-08

Citation: 73 So. 3d 136, 36 Fla. L. Weekly Supp. 497, 2011 Fla. LEXIS 2156, 2011 WL 3925064

Snippet: CRIME BY SELECTING A VICTIM BASED ON PREJUDICE § 775.085, Fla. Stat. If you find that (defendant) committed

Ponton v. State

Court: Supreme Court of Florida | Date Filed: 2011-06-30

Citation: 73 So. 3d 70, 36 Fla. L. Weekly Supp. 322, 2011 Fla. LEXIS 1520, 2011 WL 2566381

Snippet: analysis, we rely upon the 1993 version of section 775.085 because the 1995 version of section 775.084 was

Jomolla v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-09-24

Citation: 990 So. 2d 1234, 2008 WL 4329928

Snippet: was improperly introduced at trial; (3) section 775.085, Florida Statutes (2002), Florida's "hate crime"

In Re Standard Jury Inst. in Crim. Cases-Report 2007-01

Court: Supreme Court of Florida | Date Filed: 2007-08-30

Citation: 965 So. 2d 811, 32 Fla. L. Weekly Supp. 530, 2007 Fla. LEXIS 1535, 2007 WL 2438370

Snippet: Aggravation of a Felony by Evidencing Prejudice, section 775.085, Florida Statutes (2006), Florida's Hate Crimes

Freudenberger v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-10-27

Citation: 940 So. 2d 551, 2006 WL 3040274

Snippet: and burglary charges were enhanced under section 775.085, Florida Statutes (2003), commonly referred to

State v. Burkhart

Court: District Court of Appeal of Florida | Date Filed: 2004-03-31

Citation: 869 So. 2d 1242, 2004 WL 626051

Snippet: 721 So.2d 376, 377 (Fla. 5th DCA 1998). Section 775.085, Florida Statutes, known as the "10/20/Life" statute

Karwoski v. State

Court: District Court of Appeal of Florida | Date Filed: 2004-02-18

Citation: 867 So. 2d 486, 2004 WL 330877

Snippet: In defending the constitutionality of section 775.085, Florida Statutes, Florida's Hate Crimes Statute

Bottoson v. Moore

Court: Supreme Court of Florida | Date Filed: 2002-10-24

Citation: 833 So. 2d 693, 2002 WL 31386790

Snippet: mask during the commission of a crime; section 775.085, Florida Statutes (2001), hate crimes; section

Cuevas v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-10-11

Citation: 770 So. 2d 703, 2000 WL 1505115

Snippet: contrary to F.S. 784.041, F.S. 777.011 and F.S. 775.085.... During the plea colloquy, the trial court informed

In Re Standard Jury Inst.-Criminal Cases

Court: Supreme Court of Florida | Date Filed: 2000-03-30

Citation: 765 So. 2d 692, 2000 WL 329427

Snippet: AGGRAVATION OF A FELONY BY EVIDENCING PREJUDICE F.S. 775.085 If you find that (defendant) committed (crime charged)

Bass v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-08-13

Citation: 739 So. 2d 1243, 1999 WL 619341

Snippet: citing section 775.085, Florida Statutes (1997), which provides, in relevant part: 775.085. Evidencing prejudice

Martin v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-11-04

Citation: 719 So. 2d 1015, 1998 Fla. App. LEXIS 13881, 1998 WL 765356

Snippet: resen-tencing only to remove the enhancement under section 775.085, Florida Statutes (1995). See id. at 925. We affirm

Abbott v. State

Court: District Court of Appeal of Florida | Date Filed: 1997-12-24

Citation: 705 So. 2d 923, 1998 WL 25574

Snippet: appellant's penalty enhancement under section 775.085, Florida Statutes (1995), based on appellant's

Standard Jury Instructions in Crim. Cases

Court: Supreme Court of Florida | Date Filed: 1997-07-10

Citation: 697 So. 2d 84, 22 Fla. L. Weekly Supp. 428, 1997 Fla. LEXIS 1017, 1997 WL 378626

Snippet: AGGRAVATION OF A FELONY BY EVIDENCING PREJUDICE F.S. 775.085 [New] If you find that (defendant) committed (crime

State v. Hart

Court: District Court of Appeal of Florida | Date Filed: 1996-07-17

Citation: 677 So. 2d 385, 1996 WL 396313

Snippet: under section 838.021(1) as enhanced by section 775.085[1], Florida Statutes (1995). He moved to dismiss