Offenses Evidencing Prejudice

Plain English Breakdown

The official source material does not provide details about specific penalties beyond reclassification.

Offenses Showing Bias

This bill changes how crimes are punished if they show bias based on the victim's political ideology or other personal traits.

What This Bill Does

• Changes the law to include political ideology as a factor in determining if an offense shows prejudice.
• Reclassifies misdemeanor and felony crimes to more severe levels if they are committed with prejudice against someone's political beliefs, race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age.

Who It Names or Affects

• People who commit crimes that show bias based on the victim’s political ideology or other personal traits will face harsher punishments.
• Victims of crimes showing prejudice based on their political ideology or other factors may see increased penalties for those responsible.

Terms To Know

Prejudice

Unfair treatment or discrimination against someone because of who they are, such as their race, religion, or beliefs.

Reclassification

Changing the level of a crime from one type to another, usually making it more serious.

Limits and Unknowns

• The bill does not specify how law enforcement will determine if an offense shows prejudice based on political ideology.
• It is unclear what specific actions or behaviors would be considered evidence of prejudice based on political beliefs.

Official Summary Text

Offenses Evidencing Prejudice; Requiring the reclassification of offenses evidencing prejudice based on the political ideology of the victim, etc.

Current Bill Text

Florida Senate
-
2026

SB 402

By
Senator Harrell

31-00848-26 2026402__
1 A bill to be entitled
2 An act relating to offenses evidencing prejudice;
3 amending s. 775.085, F.S.; requiring the
4 reclassification of offenses evidencing prejudice
5 based on the political ideology of the victim;
6 providing penalties; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (a) of subsection (1) of section
11 775.085, Florida Statutes, is amended to read:
12 775.085 Evidencing prejudice while committing offense;
13 reclassification.—
14 (1)(a) The penalty for any felony or misdemeanor shall be
15 reclassified as provided in this subsection if the commission of
16 such felony or misdemeanor evidences prejudice based on the
17 race, color, ancestry, ethnicity, religion, sexual orientation,
18 national origin, homeless status,
or
advanced age
, or political

19
ideology
of the victim:
20 1. A misdemeanor of the second degree is reclassified to a
21 misdemeanor of the first degree.
22 2. A misdemeanor of the first degree is reclassified to a
23 felony of the third degree.
24 3. A felony of the third degree is reclassified to a felony
25 of the second degree.
26 4. A felony of the second degree is reclassified to a
27 felony of the first degree.
28 5. A felony of the first degree is reclassified to a life
29 felony.
30 Section 2. This act shall take effect October 1, 2026.