Florida legislation · 2026 Regular Session
Florida S1388: Offenses Evidencing Prejudice
Status: Failed, March 13, 2026
Expanding grounds for the reclassification of offenses to include acts based on the gender or gender identity of any person; requiring that the reclassification occur if the offense was based in whole or in part on specified characteristics of any person; replacing the term "mental or physical disability" with the term "disability" and revising the definition; requiring that the reclassification of a certain offense occur if the offense was based in whole or in part on a disability of any person, etc.
What the bill says
An act relating to offenses evidencing prejudice; amending s. 775.085, F.S.; expanding grounds for the reclassification of offenses to include acts based on the gender or gender identity of any person; requiring that the reclassification occur if the offense was based in whole or in part on specified characteristics of any person; defining the term âgender identityâ; revising the definitions of the terms âadvanced ageâ and âhomeless statusâ…
From the introduced text, January 7, 2026:
A bill to be entitled An act relating to offenses evidencing prejudice; amending s. 775.085, F.S.; expanding grounds for the reclassification of offenses to include acts based on the gender or gender identity of any person; requiring that the reclassification occur if the offense was based in whole or in part on specified characteristics of any person; defining the term âgender identityâ; revising the definitions of the terms âadvanced ageâ and âhomeless statusâ; providing that it is an essential element of a certain offense that the defendant perceived, knew, or had reasonable grounds to know or perceive that a person was included in a certain class; amending s. 775.0863, F.S.; replacing the term âmental or physical disabilityâ with the term âdisabilityâ and revising the definition; requiring that the reclassification of a certain offense occur if the offense was based in whole or in part on a disability of any person; providing penalties; amending s. 817.034, F.S.; conforming provisions to changes made by the act; amending s. 877.19, F.S.; expanding the data the Governor, through the Department of Law Enforcement, is required to collect and disseminate to include specified incidents; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.âSection 775.085, Florida Statutes, is amended to reclassification.â (1)(a)âThe penalty for any felony or misdemeanor …
Sponsors
- Smith, David (R, HD-038) · primary sponsor
- Smith, Carlos (D, SD-017) · primary sponsor
Latest actions
- : Died in Criminal Justice
- : Introduced
- : Referred to Criminal Justice; Appropriations Committee on Criminal and Civil Justice; Fiscal Policy
- : Filed
Subjects: Fiscal Policy, Appropriations Committee on Criminal and Civil Justice, Criminal Justice
Common questions
- What is S1388?
- S1388 is a bill in the Florida Legislature (2026 Regular Session): Offenses Evidencing Prejudice.
- What does S1388 do?
- In its own words: An act relating to offenses evidencing prejudice; amending s. 775.085, F.S.; expanding grounds for the reclassification of offenses to include acts based on the gender or gender identity of any person; requiring that the reclassification occur if the offense was based in whole or in part on specified characteristics of any person; defining the term âgender identityâ; revising the definitions of the terms âadvanced ageâ and âhomeless statusâ…
- What is the status of S1388?
- Failed as of March 13, 2026. Latest action: Died in Criminal Justice (March 13, 2026).
- Who sponsored S1388?
- Smith, David (R, HD-038), with 1 co-sponsor.
- Where is the official record for S1388?
- On the Florida Legislature website: https://www.flsenate.gov/Session/Bill/2026/1388
Source: official Florida record. Tracked by Delilah, AI for legislation across all 50 states and Congress.