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: Fla. Dist. Ct. App. | Date Filed: 2024-06-12T00:00:00-07:00

Snippet: to higher degree felonies pursuant to section 775.085(1), Florida Statutes, which permits reclassification…characteristics. Freudenberger, 940 So. 2d at 552. Sections 775.085(1) and 775.087(1) are obvious sentence enhancement…such, errors involving application of sections 775.085(1) or 775.087(1) can easily be characterized as…Freudenberger stated. But unlike sections 775.085(1) or 775.087(1), which merely provide a method

DAVID HARRIS v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2020-01-21T23:53:00-08:00

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: Fla. | Date Filed: 2016-12-08T00:00:00-08:00

Citation: 206 So. 3d 14

Snippet: BY SELECTING A VICTIM BASED ON PREJUDICE § 775.085, Fla. Stat. and § 775.0863, Fla. Stat. If …vie-fenperson is older than 65 years of age. § 775.085(l)(b)2, Fla. Stat. “Homeless status” means

Walsh v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-04T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2015-09-09T00:00:00-07:00

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: Fla. | Date Filed: 2011-09-08T00:00:00-07:00

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… Comments This instruction is based on section 775.085, Florida Statutes (Supp.1998). Proof that the defendant

Ponton v. State

Court: Fla. | Date Filed: 2011-06-30T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2008-09-24T00:53:00-07:00

Citation: 990 So. 2d 1234

Snippet: Constitutionality of Section 775.085 The defendant also alleges that section 775.085 is unconstitutional on …was improperly introduced at trial; (3) section 775.085, Florida Statutes (2002), Florida's "hate…evidencing prejudice under sections 784.03 and 775.085, Florida Statutes (2002), for an incident that …mandatory minimum of five years under sections 784.03, 775.085, and 775.084(4), Florida Statutes (2002). On October…applied to him. The defendant contends that section 775.085 violates his First Amendment rights under the United

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

Court: Fla. | Date Filed: 2007-08-30T00:53:00-07:00

Citation: 965 So. 2d 811

Snippet: Aggravation of a Felony by Evidencing Prejudice, section 775.085, Florida Statutes (2006), Florida's Hate Crimes… in upholding the constitutionality of section 775.085, Florida Statutes (1989). See State v. Stalder,…630 So.2d 1072, 1077 (Fla.1994). Because section 775.085 does not include the proposed language, however…CRIME BY SELECTING A VICTIM BASED ON PREJUDICE § 775.085, Fla. Stat. The punishment provided by law for … Comment This instruction is based on section 775.085, Florida Statutes (Supp.1998). Proof that the defendant

Freudenberger v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-10-27T00:00:00-07:00

Citation: 940 So. 2d 551

Snippet: and burglary charges were enhanced under section 775.085, Florida Statutes (2003), commonly referred to … the arson and burglary offenses under section 775.085. The trial court gave the jury the 1997 version… next higher degree in accordance with section 775.085. II. THE ISSUES On appeal, Mr. Freudenberger raises…on the arson and burglary charges under section 775.085, the Hate Crimes Statute. The statute provides,…intent to pursue an enhanced sentence under section 775.085. The State responds that "[t]he information

State v. Burkhart

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-30T23:53:00-08:00

Citation: 869 So. 2d 1242

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

Karwoski v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-02-17T23:53:00-08:00

Citation: 867 So. 2d 486

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

Bottoson v. Moore

Court: Fla. | Date Filed: 2002-10-24T00:53:00-07:00

Citation: 833 So. 2d 693

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

Cuevas v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-10-11T00:53:00-07:00

Citation: 770 So. 2d 703

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: Fla. | Date Filed: 2000-03-29T23:53:00-08:00

Citation: 765 So. 2d 692

Snippet: AGGRAVATION OF A FELONY BY EVIDENCING PREJUDICE F.S. 775.085 If you find that (defendant) committed (crime charged…AGGRAVATION OF A FELONY BY EVIDENCING PREJUDICE § 775.085 The punishment provided by law for the crime of… Comment This instruction is based on section 775.085, Florida Statutes (Supp.1998). Proof that the defendant

Bass v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-08-13T00:53:00-07:00

Citation: 739 So. 2d 1243

Snippet: citing section 775.085, Florida Statutes (1997), which provides, in relevant part: 775.085. Evidencing prejudice…1997). [3] § 775.085, Fla. Stat. (1997). [4] § 775.087(2), Fla. Stat. (1997). [5] § 775.085, Fla. Stat

Martin v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-11-04T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1997-12-23T23:53:00-08:00

Citation: 705 So. 2d 923

Snippet: appellant's penalty enhancement under section 775.085, Florida Statutes (1995), based on appellant'…increase appellant's penalty under section 775.085. We therefore affirm the conviction but reverse…prejudice, as a second degree felon under section 775.085(1)(c). The jury verdict finding racial prejudice… is insufficient for enhancement under section 775.085, which, as interpreted in Stalder, requires that

Standard Jury Instructions in Crim. Cases

Court: Fla. | Date Filed: 1997-07-10T00:53:00-07:00

Citation: 697 So. 2d 84

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

State v. Hart

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-17T00:53:00-07:00

Citation: 677 So. 2d 385

Snippet: under section 838.021(1) as enhanced by section 775.085[1], Florida Statutes (1995). He moved to dismiss…dismissed that part of the charge based on section 775.085. *386 A rule 3.190(c)(4) motion to dismiss is akin…In Stalder the supreme court construed section 775.085 as applying only to "bias-motivated crimes…and not in its genesis falls outside the section 775.085 proscription. To qualify criminal conduct for sentencing… sentencing enhancement under section 775.085, Stalder does not require that prejudice be the sole motivating