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OVERVIEW: It is an essential element of this section that the record reflects that the defendant perceived, knew, or had reasonable grounds to know or perceive that the victim was within the class delineated in this section.

Select Category Definitions According to Florida Hate Crime Statute 775.085

Advanced age means that the victim is older than 65 years of age.

Homeless status means that the victim:

a. Lacks a fixed, regular, and adequate nighttime residence; or

b. Has a primary nighttime residence that is:

(I) A supervised publicly or privately operated shelter designed to provide temporary living accommodations; or

(II) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings.

(2) A person or organization that establishes by clear and convincing evidence that it has been coerced, intimidated, or threatened in violation of this section has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or in equity. Upon prevailing in such civil action, the plaintiff may recover reasonable attorney fees and costs.

 

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