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FL H0387
Bill
Status
3/24/2016
Primary Sponsor
Cyndi Stevenson
Click for details
AI Summary
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Creates "Carl's Law" establishing a separate hate crime statute (s. 775.0863, F.S.) specifically for offenses committed against victims with mental or physical disabilities, with penalties reclassified one degree higher (e.g., second-degree misdemeanor becomes first-degree misdemeanor, first-degree felony becomes life felony)
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Defines "mental or physical disability" as a condition of incapacitation due to developmental disability, organic brain damage, or mental illness that restricts the victim's ability to perform normal daily activities
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Requires the prosecution to prove the defendant perceived, knew, or had reasonable grounds to know the victim had a mental or physical disability as an essential element of the enhanced offense
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Provides victims a civil cause of action with recovery of treble damages, injunctive relief, attorney fees, and costs upon establishing coercion, intimidation, or threats by clear and convincing evidence
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Effective date: October 1, 2016
Legislative Description
Offenses Evidencing Prejudice
Last Action
Chapter No. 2016-81
3/24/2016