FL S0356

Removes mental or physical disability from the list of protected characteristics in Florida's hate crime statute (s. 775.085) that trigger enhanced criminal penalties.

Creates a new statute (s. 775.0851) that establishes separate enhanced penalties for crimes motivated by prejudice against people with mental or physical disabilities, using the same penalty reclassification structure as other hate crimes.

Defines "mental or physical disability" as a condition of physical or mental incapacitation due to developmental disability, organic brain damage, or mental illness that restricts the victim's ability to perform normal daily activities.

Establishes a civil cause of action allowing persons or organizations threatened with violations to recover treble damages, injunctive relief, attorney fees, and costs by proving coercion or intimidation by clear and convincing evidence.

Requires that defendants knew, perceived, or had reasonable grounds to know the victim had a mental or physical disability as an essential element of the offense.