Florida Statute 775.85 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 775.085

Annotations, Discussions, Cases:

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

Cases Citing Statute 775.085

Total Results: 38

Bottoson v. Moore

833 So. 2d 693, 2002 WL 31386790

Supreme Court of Florida | Filed: Oct 24, 2002 | Docket: 1258650

Cited 153 times | Published

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

Liliana Cuesta v. School Board of Miami-Dade

285 F.3d 962, 2002 U.S. App. LEXIS 4143, 2002 WL 397215

Court of Appeals for the Eleventh Circuit | Filed: Mar 14, 2002 | Docket: 564362

Cited 134 times | Published

could be enhanced to a felony under Fla. Stat. § 775.085, a law that allows the enhancement of a crime

Standard Jury Instructions in Crim. Cases

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

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1766763

Cited 114 times | Published

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

State v. Stalder

630 So. 2d 1072, 1994 WL 19548

Supreme Court of Florida | Filed: Jan 27, 1994 | Docket: 1519588

Cited 55 times | Published

have for review a trial court order declaring section 775.085, Florida Statutes (1989), commonly referred

In Re Standard Jury Inst.-Criminal Cases

765 So. 2d 692, 2000 WL 329427

Supreme Court of Florida | Filed: Mar 30, 2000 | Docket: 428972

Cited 41 times | Published

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

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

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

Supreme Court of Florida | Filed: Sep 8, 2011 | Docket: 2355668

Cited 39 times | Published

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

State v. Globe Communications Corp.

648 So. 2d 110, 19 Fla. L. Weekly Supp. 645, 23 Media L. Rep. (BNA) 1116, 40 A.L.R. 5th 917, 1994 Fla. LEXIS 1871

Supreme Court of Florida | Filed: Dec 8, 1994 | Docket: 1701986

Cited 13 times | Published

3(b)(1) of the Florida Constitution. [2] Section 775.085, Florida Statutes (1989).

Karwoski v. State

867 So. 2d 486, 2004 WL 330877

District Court of Appeal of Florida | Filed: Feb 18, 2004 | Docket: 1386359

Cited 11 times | Published

added). In defending the constitutionality of section 775.085, Florida Statutes, Florida's Hate Crimes Statute

Dobbins v. State

605 So. 2d 922, 1992 WL 235338

District Court of Appeal of Florida | Filed: Sep 24, 1992 | Docket: 1343312

Cited 8 times | Published

enhancement provisions of the hate crime statute (Fla. Stat. 775.085). We find the evidence sufficient to uphold

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

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

Supreme Court of Florida | Filed: Aug 30, 2007 | Docket: 1509151

Cited 6 times | Published

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

Bass v. State

739 So. 2d 1243, 1999 WL 619341

District Court of Appeal of Florida | Filed: Aug 13, 1999 | Docket: 1688748

Cited 6 times | Published

counts V-VIII as a second degree felony citing section 775.085, Florida Statutes (1997), which provides, in

State v. Hart

677 So. 2d 385, 1996 WL 396313

District Court of Appeal of Florida | Filed: Jul 17, 1996 | Docket: 1690055

Cited 6 times | Published

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

Jomolla v. State

990 So. 2d 1234, 2008 WL 4329928

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1688263

Cited 5 times | Published

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

Richards v. State

608 So. 2d 917, 1992 WL 335899

District Court of Appeal of Florida | Filed: Nov 17, 1992 | Docket: 1732606

Cited 4 times | Published

improper to reclassify these offenses under Section 775.085(1), Florida Statutes (1991), because, he asserts

Cuevas v. State

770 So. 2d 703, 2000 WL 1505115

District Court of Appeal of Florida | Filed: Oct 11, 2000 | Docket: 1778824

Cited 3 times | Published

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

Dobbins v. State

631 So. 2d 303, 1994 WL 34954

Supreme Court of Florida | Filed: Feb 10, 1994 | Docket: 2575592

Cited 3 times | Published

wherein the district court expressly ruled section 775.085, Florida Statutes (1989), commonly known as

Ponton v. State

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

Supreme Court of Florida | Filed: Jun 30, 2011 | Docket: 2353294

Cited 2 times | Published

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

Freudenberger v. State

940 So. 2d 551, 2006 WL 3040274

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 432807

Cited 2 times | Published

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

State v. Burkhart

869 So. 2d 1242, 2004 WL 626051

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 1653855

Cited 2 times | Published

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

Abbott v. State

705 So. 2d 923, 1998 WL 25574

District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 1560386

Cited 2 times | Published

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

Richards v. State

643 So. 2d 89, 1994 WL 534984

District Court of Appeal of Florida | Filed: Oct 5, 1994 | Docket: 1493294

Cited 2 times | Published

the Court upheld the constitutionality of Section 775.085, Florida Statutes (1991), against an attack

Wray v. State

639 So. 2d 621, 1994 WL 178061

District Court of Appeal of Florida | Filed: May 11, 1994 | Docket: 1310260

Cited 2 times | Published

crime occurred prior to the effective date of section 775.085, Florida Statutes (1989), the hate crime statute

Grant v. State

586 So. 2d 438, 1991 WL 187284

District Court of Appeal of Florida | Filed: Sep 16, 1991 | Docket: 1742536

Cited 2 times | Published

trial court's order, we determine that because section 775.085, Florida Statutes (1989), was not in effect

State v. TBD

638 So. 2d 165, 1994 WL 256930

District Court of Appeal of Florida | Filed: Jun 14, 1994 | Docket: 1168503

Cited 1 times | Published

orientation, or national origin of the victim." § 775.085, Fla. Stat. We share, wholeheartedly, the Supreme

Groover v. State

632 So. 2d 691, 1994 WL 57584

District Court of Appeal of Florida | Filed: Mar 1, 1994 | Docket: 2573522

Cited 1 times | Published

Florida Statutes (1991). Groover argues that section 775.085, commonly referred to as Florida's Hate Crimes

Gary Cornel Melton v. State of Florida

District Court of Appeal of Florida | Filed: Jun 12, 2024 | Docket: 68381321

Published

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

DAVID HARRIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738443

Published

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

206 So. 3d 14

Supreme Court of Florida | Filed: Dec 8, 2016 | Docket: 4550135

Published

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

Walsh v. State

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

District Court of Appeal of Florida | Filed: Mar 4, 2016 | Docket: 3041725

Published

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

Pethtel v. State

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

District Court of Appeal of Florida | Filed: Sep 9, 2015 | Docket: 2757053

Published

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

Martin v. State

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

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 64783855

Published

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

State v. Heirs

644 So. 2d 349, 1994 Fla. App. LEXIS 10812, 1994 WL 617172

District Court of Appeal of Florida | Filed: Nov 9, 1994 | Docket: 64751654

Published

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

Clark v. State

639 So. 2d 624, 1994 Fla. App. LEXIS 6142, 1994 WL 275435

District Court of Appeal of Florida | Filed: Jun 22, 1994 | Docket: 64749626

Published

since Appellant committed a life felony, section 775.085, Florida Statutes, is not applicable. Therefore

State v. T.B.D.

638 So. 2d 165, 1994 Fla. App. LEXIS 5720

District Court of Appeal of Florida | Filed: Jun 14, 1994 | Docket: 64749094

Published

orientation, or national origin of the victim.” § 775.085, Fla.Stat. We share, wholeheartedly, the Supreme

State v. Trabert

637 So. 2d 72, 1994 Fla. App. LEXIS 4936, 1994 WL 195494

District Court of Appeal of Florida | Filed: May 18, 1994 | Docket: 64748406

Published

In this case, the trial court found that section 775.085, Florida Statutes (1991), Florida’s so-called

Reeves v. State

631 So. 2d 374, 1994 Fla. App. LEXIS 836, 1994 WL 37029

District Court of Appeal of Florida | Filed: Feb 11, 1994 | Docket: 64746115

Published

the sexual orientation of the victim. Under section 775.085, Florida Statutes (1991) commonly known as

Woolfork v. State

623 So. 2d 823, 1993 Fla. App. LEXIS 8923, 1993 WL 333573

District Court of Appeal of Florida | Filed: Sep 3, 1993 | Docket: 64698536

Published

application of Florida’s “Hate Crime Statute,” section 775.085, Florida Statutes (1991). The words “hate crime”

Williams v. State

618 So. 2d 323, 1993 Fla. App. LEXIS 5234, 1993 WL 152194

District Court of Appeal of Florida | Filed: May 11, 1993 | Docket: 64696255

Published

(Fla. 3d DCA 1992) (holding unconstitutional section 775.085(1), Florida Statutes (1991), which enhanced