The 2023 Florida Statutes (including Special Session C)
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. . . Appendix 3.3(f) AGGRAVATION OF A CRIME BY SELECTING A VICTIM BASED ON PREJUDICE § 775.085, Fla. . . . “Advanced age” means that the vie-fenperson is older than 65 years of age. § 775.085(l)(b)2, Fla. . . .
. . . reclassification of almost any offense to the next higher degree where the defendant wore a mask; section 775.085 . . .
. . . officer, a firefighter, an emergency medical technician, or a paramedic as separate crimes), with § 775.085 . . .
. . . 1997 and amended in 2011, 3.3(f) AGGRAVATION OF A CRIME BY SELECTING A VICTIM BASED ON PREJUDICE § 775.085 . . .
. . . For purposes of this analysis, we rely upon the 1993 version of section 775.085 because the 1995 version . . .
. . . charged in the information; (2) prejudicial evidence was improperly introduced at trial; (3) section 775.085 . . . The defendant was charged with one count of battery evidencing prejudice under sections 784.03 and 775.085 . . . The Constitutionality of Section 775.085 The defendant also alleges that section 775.085 is unconstitutional . . . In Stalder, the Court held that section 775.085 applies only to bias-motivated crimes— that is, those . . . The defendant claims that the enhancement of his sentence under section 775.085 constitutes a double . . .
. . . proposed amendment to instruction 3.3(f) — Aggravation of a Felony by Evidencing Prejudice, section 775.085 . . . .2d 303 (Fla.1994), a decision approved by this Court in upholding the constitutionality of section 775.085 . . . Because section 775.085 does not include the proposed language, however, we decline to add the phrase . . . ) AGGRAVATION OF A FELONY BY EVIDENCING -PREJUDICE CRIME BY SELECTING A VICTIM BASED ON PREJUDICE § 775.085 . . . Comment This instruction is based on section 775.085, Florida Statutes (Supp.1998). . . .
. . . Freudenberger’s sentences on the arson and burglary charges were enhanced under section 775.085, Florida . . . The State sought to enhance the penalty for the arson and burglary offenses under section 775.085. . . . We also note that the information included a reference to section 775.085 by the statute number. . . . In Stalder, the court adopted a limiting construction of section 775.085. . . . A standard jury instruction for section 775.085 was not adopted until July 1997. . . .
. . . Section 775.085, Florida Statutes, known as the “10/20/Life” statute, took effect July 1, 1999. . . .
. . . In defending the constitutionality of section 775.085, Florida Statutes, Florida’s Hate Crimes Statute . . .
. . . section 775.0845, Florida Statutes (2001), wearing a mask during the commission of a crime; section 775.085 . . .
. . . Stat. ch. 775.085 (2001) (increasing penalty for crimes that evidence prejudice based on, among other . . .
. . . . § 775.085, a law that allows the enhancement of a crime that “evidences prejudice.” . . . was probable cause to arrest under § 836.11 and that the crime could be enhanced to a felony under § 775.085 . . . possibility of making an arrest under § 886.11, and the possibility of enhancing the crime under § 775.085 . . . Ann. § 836.11 (West 2001). .The relevant portion of § 775.085 states: The penalty for any felony or misdemeanor . . . Ann. § 775.085 (West 2001). . . . .
. . . based on ... sexual orientation ... of [the] victim ... contrary to F.S. 784.041, F.S. 777.011 and F.S. 775.085 . . .
. . . should-find the defendant guilty only-of (crime-charged), AGGRAVATION OF A FELONY BY EVIDENCING PREJUDICE § 775.085 . . . Comment This instruction is based on section 775.085, Florida Statutes (Supp.1998). . . .
. . . However, the trial court listed counts V-VIII as a second degree felony citing section 775.085, Florida . . . Statutes (1997), which provides, in relevant part: 775.085. . . . Stat. (1997). . § 775.085, Fla. Stat. (1997). . § 775.087(2), Fla. Stat. (1997). .§ 775.085, Fla. . . .
. . . As in Abbott, we reverse for resen-tencing only to remove the enhancement under section 775.085, Florida . . .
. . . trial for aggravated assault with a deadly weapon, and appellant’s penalty enhancement under section 775.085 . . . crime “evidencing racial prejudice” was insufficient to increase appellant’s penalty under section 775.085 . . . , but sentenced, because of the finding of racial prejudice, as a second degree felon under section 775.085 . . . its verdict, that the appellant evidenced prejudice, is insufficient for enhancement under section 775.085 . . .
. . . defendant guilty only of (crime charged). (18) 3.05(f) AGGRAVATION OF A FELONY BY EVIDENCING PREJUDICE F.S. 775.085 . . .
. . . William Hart was charged with corruption by threat under section 838.021(1) as enhanced by section 775.085 . . . 3.190(d), the trial court granted the motion and dismissed that part of the charge based on section 775.085 . . . To qualify criminal conduct for sentencing enhancement under section 775.085, Stalder does not require . . . The essence of criminality under section 775.085 is that prejudice be a significant factor in bringing . . . Section 775.085(1) mandates that the penalty for a crime be enhanced "if the commission of such felony . . .
. . . Section 775.085, Florida Statutes (1989). . . .
. . . Stalder, 630 So.2d 1072 (Fla.1994) (section 775.085, Florida Statutes (1991), is constitutional). . . .
. . . In a prior appearance of this case, we held that Florida’s Hate Crimes Enhancement Statute [§ 775.085 . . . allegations of both counts of the information below under the Florida Hate Crimes Enhancement Statute [§ 775.085 . . .
. . . As indicated in Wray, since Appellant committed a life felony, section 775.085, Florida Statutes, is . . .
. . . In this case, the trial court found that section 775.085, Florida Statutes (1991), Florida’s so-called . . . Stalder, 630 So.2d 1072 (Fla.1994), held contrary to that determination that section 775.085 does not . . .
. . . attempts to distinguish G'i'ant because in Grant the crime occurred prior to the effective date of section 775.085 . . .
. . . of culpable negligence which evidenced prejudice based on race, contrary to sections 784.05(2) and 775.085 . . . Groover argues that section 775.085, commonly referred to as Florida’s Hate Crimes Statute, is both facially . . . We reject Groover’s argument that section 775.085 is facially unconstitutional. In State v. . . . The supreme court held that section 775.085 “applies only to bias-motivated crimes,” which was defined . . . We also reject Groover’s argument that reversal is required because section 775.085 is unconstitutional . . .
. . . Under section 775.085, Florida Statutes (1991) commonly known as “Florida’s Hate Crimes Statute,” the . . . Reeves moved to dismiss this count, arguing that section 775.085 violated the Free Speech and Due Process . . . Reeves contends that the trial court erred in denying his motion to dismiss because section 775.085 is . . . State and upholding the constitutionality of section 775.085 against challenges based on vagueness, overbreadth . . .
. . . State, 605 So.2d 922 (Fla. 5th DCA 1992), wherein the district court expressly ruled section 775.085, . . .
. . . We have for review a trial court order declaring section 775.085, Florida Statutes (1989), commonly referred . . . State, 608 So.2d 917 (Fla. 3d DCA 1992) (section 775.085 void for vagueness); Dobbins v. . . . State, 605 So.2d 922 (Fla. 5th DCA 1992) (section 775.085 neither vague, over-broad, nor violative of . . . Section 775.085(1), Fla.Stat. (1989). . . . As noted above, section 775.085 proscribes bias-evidencing crimes. . . . The apparent goals of section 775.085, Florida Statutes (1989) are laudable, and I firmly believe that . . . Yet no matter how commendable I find an enhanced penalty for bias-motivated criminal conduct, section 775.085 . . . As noted in the majority opinion, the title of section 775.085, Florida Statutes (1989) reads: "Evidencing . . .
. . . In this case we address the meaning and the application of Florida’s “Hate Crime Statute,” section 775.085 . . . The charging document sought to impose the prejudice enhancement under section 775.085 by adding these . . .
. . . State, 608 So.2d 917 (Fla. 3d DCA 1992) (holding unconstitutional section 775.085(1), Florida Statutes . . .
. . . The defendant contends that it was improper to reclassify these offenses under Section 775.085(1), Florida . . . The central issue which is, therefore, presented by this appeal is whether section 775.085(1), Florida . . . race, color[,] ancestry, ethnicity, religion[,] or national original of the victim in violation of [§] 775.085 . . . A Section 775.085(1), Florida Statutes (1991) provides: “(1) The penalty for any felony or misdemeanor . . . We conclude only that section 775.085(1), Florida Statutes (1991), is unconstitutional as being void . . .
. . . . 784.03(l)(a)) and sentenced under the enhancement provisions of the hate crime statute (Fla.Stat. 775.085 . . . Section 775.085 provides: The penalty for any felony or misdemeanor shall be reclassified as provided . . . But section 775.085 does not punish intolerant opinions. . . . The purpose of section 775.085 is to discourage through greater penalties the discrimination against . . . So also with section 775.085. . . .
. . . appellee’s motion for rehearing and review of the trial court’s order, we determine that because section 775.085 . . . , and, prior to October 1, 1989, was not an element of any crime or a statutory-enhancing factor. § 775.085 . . .