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FL H0387

Bill

Status

Passed

3/24/2016

Primary Sponsor

Cyndi Stevenson

Click for details

Origin

House of Representatives

2016 Regular Session

AI Summary

  • 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)

  • 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

  • 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

  • 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

  • Effective date: October 1, 2016

Legislative Description

Offenses Evidencing Prejudice

Last Action

Chapter No. 2016-81

3/24/2016

Committee Referrals

Criminal Justice3/1/2016
Judiciary1/13/2016
Justice Appropriations Subcommittee12/1/2015
Criminal Justice Subcommittee10/30/2015

Full Bill Text

No bill text available