FL S0940

Expands Florida's hate crime law to include crimes motivated by prejudice based on gender or gender identity, in addition to existing categories (race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, and advanced age)

Clarifies that penalty enhancements apply when prejudice was a factor "in whole or in part" rather than requiring it be the sole motivation

Defines "gender identity" as a person's gender-related identity, appearance, or behavior, regardless of whether it differs from that traditionally associated with their physiology or assigned sex at birth

Replaces the term "mental or physical disability" with "disability," redefined as a physical or mental impairment that substantially limits one or more major life activities

Reclassifies crimes one degree higher when prejudice is evidenced (e.g., second-degree misdemeanor becomes first-degree misdemeanor, first-degree felony becomes life felony)

Effective date: October 1, 2020