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Florida Statute 775.085 | Lawyer Caselaw & Research
F.S. 775.085 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 775.085

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 775
GENERAL PENALTIES; REGISTRATION OF CRIMINALS
View Entire Chapter
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 from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 206 So.3d 14 (Fla. 2016)

. . . Appendix 3.3(f) AGGRAVATION OF A CRIME BY SELECTING A VICTIM BASED ON PREJUDICE § 775.085, Fla. . . . “Advanced age” means that the vie-fenperson is older than 65 years of age. § 775.085(l)(b)2, Fla. . . .

WALSH, Jr. v. STATE, 198 So. 3d 783 (Fla. Dist. Ct. App. 2016)

. . . reclassification of almost any offense to the next higher degree where the defendant wore a mask; section 775.085 . . .

PETHTEL, v. STATE, 177 So. 3d 631 (Fla. Dist. Ct. App. 2015)

. . . officer, a firefighter, an emergency medical technician, or a paramedic as separate crimes), with § 775.085 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 73 So. 3d 136 (Fla. 2011)

. . . 1997 and amended in 2011, 3.3(f) AGGRAVATION OF A CRIME BY SELECTING A VICTIM BASED ON PREJUDICE § 775.085 . . .

PONTON, v. STATE, 73 So. 3d 70 (Fla. 2011)

. . . For purposes of this analysis, we rely upon the 1993 version of section 775.085 because the 1995 version . . .

JOMOLLA, v. STATE, 990 So. 2d 1234 (Fla. Dist. Ct. App. 2008)

. . . charged in the information; (2) prejudicial evidence was improperly introduced at trial; (3) section 775.085 . . . The defendant was charged with one count of battery evidencing prejudice under sections 784.03 and 775.085 . . . The Constitutionality of Section 775.085 The defendant also alleges that section 775.085 is unconstitutional . . . In Stalder, the Court held that section 775.085 applies only to bias-motivated crimes— that is, those . . . The defendant claims that the enhancement of his sentence under section 775.085 constitutes a double . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 965 So. 2d 811 (Fla. 2007)

. . . proposed amendment to instruction 3.3(f) — Aggravation of a Felony by Evidencing Prejudice, section 775.085 . . . .2d 303 (Fla.1994), a decision approved by this Court in upholding the constitutionality of section 775.085 . . . Because section 775.085 does not include the proposed language, however, we decline to add the phrase . . . ) AGGRAVATION OF A FELONY BY EVIDENCING -PREJUDICE CRIME BY SELECTING A VICTIM BASED ON PREJUDICE § 775.085 . . . Comment This instruction is based on section 775.085, Florida Statutes (Supp.1998). . . .

FREUDENBERGER, v. STATE, 940 So. 2d 551 (Fla. Dist. Ct. App. 2006)

. . . Freudenberger’s sentences on the arson and burglary charges were enhanced under section 775.085, Florida . . . The State sought to enhance the penalty for the arson and burglary offenses under section 775.085. . . . We also note that the information included a reference to section 775.085 by the statute number. . . . In Stalder, the court adopted a limiting construction of section 775.085. . . . A standard jury instruction for section 775.085 was not adopted until July 1997. . . .

STATE v. BURKHART,, 869 So. 2d 1242 (Fla. Dist. Ct. App. 2004)

. . . Section 775.085, Florida Statutes, known as the “10/20/Life” statute, took effect July 1, 1999. . . .

M. KARWOSKI, v. STATE, 867 So. 2d 486 (Fla. Dist. Ct. App. 2004)

. . . In defending the constitutionality of section 775.085, Florida Statutes, Florida’s Hate Crimes Statute . . .

BOTTOSON, v. W. MOORE,, 833 So. 2d 693 (Fla. 2002)

. . . section 775.0845, Florida Statutes (2001), wearing a mask during the commission of a crime; section 775.085 . . .

L. VENEY, v. T. V. WYCHE R., 293 F.3d 726 (4th Cir. 2002)

. . . Stat. ch. 775.085 (2001) (increasing penalty for crimes that evidence prejudice based on, among other . . .

CUESTA, v. SCHOOL BOARD OF MIAMI- DADE COUNTY, FLORIDA,, 285 F.3d 962 (11th Cir. 2002)

. . . . § 775.085, a law that allows the enhancement of a crime that “evidences prejudice.” . . . was probable cause to arrest under § 836.11 and that the crime could be enhanced to a felony under § 775.085 . . . possibility of making an arrest under § 886.11, and the possibility of enhancing the crime under § 775.085 . . . Ann. § 836.11 (West 2001). .The relevant portion of § 775.085 states: The penalty for any felony or misdemeanor . . . Ann. § 775.085 (West 2001). . . . .

CUEVAS, v. STATE, 770 So. 2d 703 (Fla. Dist. Ct. App. 2000)

. . . based on ... sexual orientation ... of [the] victim ... contrary to F.S. 784.041, F.S. 777.011 and F.S. 775.085 . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES, 765 So. 2d 692 (Fla. 2000)

. . . should-find the defendant guilty only-of (crime-charged), AGGRAVATION OF A FELONY BY EVIDENCING PREJUDICE § 775.085 . . . Comment This instruction is based on section 775.085, Florida Statutes (Supp.1998). . . .

BASS, Jr. v. STATE, 739 So. 2d 1243 (Fla. Dist. Ct. App. 1999)

. . . However, the trial court listed counts V-VIII as a second degree felony citing section 775.085, Florida . . . Statutes (1997), which provides, in relevant part: 775.085. . . . Stat. (1997). . § 775.085, Fla. Stat. (1997). . § 775.087(2), Fla. Stat. (1997). .§ 775.085, Fla. . . .

MARTIN, v. STATE, 719 So. 2d 1015 (Fla. Dist. Ct. App. 1998)

. . . As in Abbott, we reverse for resen-tencing only to remove the enhancement under section 775.085, Florida . . .

ABBOTT, v. STATE, 705 So. 2d 923 (Fla. Dist. Ct. App. 1997)

. . . trial for aggravated assault with a deadly weapon, and appellant’s penalty enhancement under section 775.085 . . . crime “evidencing racial prejudice” was insufficient to increase appellant’s penalty under section 775.085 . . . , but sentenced, because of the finding of racial prejudice, as a second degree felon under section 775.085 . . . its verdict, that the appellant evidenced prejudice, is insufficient for enhancement under section 775.085 . . .

STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 697 So. 2d 84 (Fla. 1997)

. . . defendant guilty only of (crime charged). (18) 3.05(f) AGGRAVATION OF A FELONY BY EVIDENCING PREJUDICE F.S. 775.085 . . .

STATE v. HART,, 677 So. 2d 385 (Fla. Dist. Ct. App. 1996)

. . . William Hart was charged with corruption by threat under section 838.021(1) as enhanced by section 775.085 . . . 3.190(d), the trial court granted the motion and dismissed that part of the charge based on section 775.085 . . . To qualify criminal conduct for sentencing enhancement under section 775.085, Stalder does not require . . . The essence of criminality under section 775.085 is that prejudice be a significant factor in bringing . . . Section 775.085(1) mandates that the penalty for a crime be enhanced "if the commission of such felony . . .

STATE v. GLOBE COMMUNICATIONS CORPORATION,, 648 So. 2d 110 (Fla. 1994)

. . . Section 775.085, Florida Statutes (1989). . . .

STATE v. HEIRS, 644 So. 2d 349 (Fla. Dist. Ct. App. 1994)

. . . Stalder, 630 So.2d 1072 (Fla.1994) (section 775.085, Florida Statutes (1991), is constitutional). . . .

K. RICHARDS, v. STATE, 643 So. 2d 89 (Fla. Dist. Ct. App. 1994)

. . . In a prior appearance of this case, we held that Florida’s Hate Crimes Enhancement Statute [§ 775.085 . . . allegations of both counts of the information below under the Florida Hate Crimes Enhancement Statute [§ 775.085 . . .

CLARK, v. STATE, 639 So. 2d 624 (Fla. Dist. Ct. App. 1994)

. . . As indicated in Wray, since Appellant committed a life felony, section 775.085, Florida Statutes, is . . .

STATE v. T. B. D. a, 638 So. 2d 165 (Fla. Dist. Ct. App. 1994)

. . . .” § 775.085, Fla.Stat. . . .

STATE v. TRABERT,, 637 So. 2d 72 (Fla. Dist. Ct. App. 1994)

. . . In this case, the trial court found that section 775.085, Florida Statutes (1991), Florida’s so-called . . . Stalder, 630 So.2d 1072 (Fla.1994), held contrary to that determination that section 775.085 does not . . .

WRAY, v. STATE, 639 So. 2d 621 (Fla. Dist. Ct. App. 1994)

. . . attempts to distinguish G'i'ant because in Grant the crime occurred prior to the effective date of section 775.085 . . .

GROOVER, v. STATE, 632 So. 2d 691 (Fla. Dist. Ct. App. 1994)

. . . of culpable negligence which evidenced prejudice based on race, contrary to sections 784.05(2) and 775.085 . . . Groover argues that section 775.085, commonly referred to as Florida’s Hate Crimes Statute, is both facially . . . We reject Groover’s argument that section 775.085 is facially unconstitutional. In State v. . . . The supreme court held that section 775.085 “applies only to bias-motivated crimes,” which was defined . . . We also reject Groover’s argument that reversal is required because section 775.085 is unconstitutional . . .

REEVES, v. STATE, 631 So. 2d 374 (Fla. Dist. Ct. App. 1994)

. . . Under section 775.085, Florida Statutes (1991) commonly known as “Florida’s Hate Crimes Statute,” the . . . Reeves moved to dismiss this count, arguing that section 775.085 violated the Free Speech and Due Process . . . Reeves contends that the trial court erred in denying his motion to dismiss because section 775.085 is . . . State and upholding the constitutionality of section 775.085 against challenges based on vagueness, overbreadth . . .

DOBBINS, v. STATE, 631 So. 2d 303 (Fla. 1994)

. . . State, 605 So.2d 922 (Fla. 5th DCA 1992), wherein the district court expressly ruled section 775.085, . . .

STATE v. STALDER, STATE v. LEATHERMAN,, 630 So. 2d 1072 (Fla. 1994)

. . . We have for review a trial court order declaring section 775.085, Florida Statutes (1989), commonly referred . . . State, 608 So.2d 917 (Fla. 3d DCA 1992) (section 775.085 void for vagueness); Dobbins v. . . . State, 605 So.2d 922 (Fla. 5th DCA 1992) (section 775.085 neither vague, over-broad, nor violative of . . . Section 775.085(1), Fla.Stat. (1989). . . . As noted above, section 775.085 proscribes bias-evidencing crimes. . . . The apparent goals of section 775.085, Florida Statutes (1989) are laudable, and I firmly believe that . . . Yet no matter how commendable I find an enhanced penalty for bias-motivated criminal conduct, section 775.085 . . . As noted in the majority opinion, the title of section 775.085, Florida Statutes (1989) reads: "Evidencing . . .

R. WOOLFORK, a k a R. v. STATE, 623 So. 2d 823 (Fla. Dist. Ct. App. 1993)

. . . In this case we address the meaning and the application of Florida’s “Hate Crime Statute,” section 775.085 . . . The charging document sought to impose the prejudice enhancement under section 775.085 by adding these . . .

WILLIAMS, v. STATE, 618 So. 2d 323 (Fla. Dist. Ct. App. 1993)

. . . State, 608 So.2d 917 (Fla. 3d DCA 1992) (holding unconstitutional section 775.085(1), Florida Statutes . . .

K. RICHARDS, v. STATE, 608 So. 2d 917 (Fla. Dist. Ct. App. 1992)

. . . The defendant contends that it was improper to reclassify these offenses under Section 775.085(1), Florida . . . The central issue which is, therefore, presented by this appeal is whether section 775.085(1), Florida . . . race, color[,] ancestry, ethnicity, religion[,] or national original of the victim in violation of [§] 775.085 . . . A Section 775.085(1), Florida Statutes (1991) provides: “(1) The penalty for any felony or misdemeanor . . . We conclude only that section 775.085(1), Florida Statutes (1991), is unconstitutional as being void . . .

DOBBINS, v. STATE, 605 So. 2d 922 (Fla. Dist. Ct. App. 1992)

. . . . 784.03(l)(a)) and sentenced under the enhancement provisions of the hate crime statute (Fla.Stat. 775.085 . . . Section 775.085 provides: The penalty for any felony or misdemeanor shall be reclassified as provided . . . But section 775.085 does not punish intolerant opinions. . . . The purpose of section 775.085 is to discourage through greater penalties the discrimination against . . . So also with section 775.085. . . .

T. GRANT, v. STATE, 586 So. 2d 438 (Fla. Dist. Ct. App. 1991)

. . . appellee’s motion for rehearing and review of the trial court’s order, we determine that because section 775.085 . . . , and, prior to October 1, 1989, was not an element of any crime or a statutory-enhancing factor. § 775.085 . . .