FL S1388

Expands Florida's hate crime law to include gender and gender identity as protected characteristics, adding them to the existing list of race, color, ancestry, ethnicity, religion, sexual orientation, national origin, homeless status, and advanced age

Allows penalty reclassification when an offense evidences prejudice based "in whole or in part" on protected characteristics of "any person," rather than requiring prejudice against only the direct victim

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

Revises the definition of disability from "mental or physical incapacitation" to "a physical or mental impairment that substantially limits one or more major life activities"

Requires the Department of Law Enforcement to collect and report data on hate crimes based on gender, gender identity, and disability in addition to currently tracked categories