In Florida, the line between hate crime and hate speech is both crucial and nuanced. While expressing hateful sentiments is morally reprehensible, it's the action taken based on these sentiments that often determines legality. Understanding Florida's statutes on hate crimes and the complexities of hate speech is vital for navigating the legal landscape.

Hate Crimes in Florida

A hate crime in Florida is defined as an offense, either attempted or committed, where there is clear evidence of hatred towards the victim based on specific characteristics. These characteristics include race, color, religion, ethnicity, ancestry, national origin, sexual orientation, homeless status, age, and mental or physical disabilities. Under Florida Statute section 775.085, known as “Evidencing prejudice while committing offense; reclassification,” a crime is reclassified to a more severe charge if prejudice based on these characteristics is evident. 

The reclassifications are as follows:

•    Second-degree misdemeanors become first-degree misdemeanors.
•    First-degree misdemeanors become third-degree felonies.
•    Third-degree felonies become second-degree felonies.
•    Second-degree felonies become first-degree felonies.
•    First-degree felonies can be reclassified as life felonies.

The statute stipulates that the offender must have known or reasonably should have known that the victim was part of a protected class. Additionally, the Hate Crimes Reporting Act (Statute section 877.19) mandates monthly reporting of hate crimes by law enforcement agencies to the Florida Department of Law Enforcement (FDLE).

In 2021, attempts to expand hate crime protections to include physical disability, gender, and gender identity were made through SB 308 and HB 111. However, these bills were defeated in committee in March 2022.

Underreporting Issue

The FBI's 2020 annual report showed an 8% increase in reported hate crimes nationwide, despite a decrease in law enforcement reporting. In contrast, Florida saw a decrease in reported hate crimes from 2017 to 2020. This discrepancy is attributed to the ongoing issue of underreporting, exacerbated by the lack of legal protection for “association with” or “mixed motive” hate crimes, gender, gender identity, and physical disability.

Hate Speech – Need for New Laws?

The First Amendment of the U.S. Constitution protects freedom of speech, which complicates the distinction between hate speech and hate crime. In Florida, hate crime laws require an underlying criminal act with a biased motive. Hate speech alone, without an accompanying criminal act, is generally not punishable under Florida's hate crime laws.

The case of Andrew Tate, a controversial internet personality known for his misogynistic views, highlights the global challenges of addressing hate speech. Tate's posts, which included comments about violence against women, were widely criticized but initially protected under free speech provisions. However, they eventually led to his ban from various social media platforms for violating their hate speech policies.

Florida Statute section 836.10 addresses written or electronic threats, making it unlawful to send threats of harm or conduct mass shootings or acts of terrorism. This statute necessitates a clear, direct threat to bring criminal charges. The absence of a broader legal framework specifically addressing hate speech in Florida highlights a gap in the legal system. While Florida Statute section 836.10 criminalizes threats of violence, it does not extend to broader forms of hate speech that stop short of direct threats. This legal limitation means that much of what constitutes hate speech, even if deeply offensive or morally reprehensible, may not be actionable under Florida law unless it crosses into the territory of explicit threats of harm.

The debate over hate speech versus hate crime is particularly pertinent in an era where the internet and social media platforms have become arenas for the dissemination of hateful ideologies. The case of Andrew Tate underscores this issue. While his statements were widely condemned for misogyny and promoting violence against women, they initially fell under the protection of free speech and did not meet the threshold of a criminal threat as defined by Florida law. Only when these statements violated the specific community standards of social media platforms did they result in Tate's ban from these services.

This situation brings to the fore the question of whether new laws are needed to address hate speech in Florida. Advocates for stricter laws argue that the current legal framework is insufficient to tackle the evolving landscape of hate speech, especially online. They point out that while the First Amendment protects free speech, there is a societal responsibility to prevent speech that incites violence or discrimination. 

Critics of expanding hate speech laws caution against the potential for such laws to infringe on free speech rights. They emphasize the importance of maintaining a legal balance that protects individuals from direct threats of violence while preserving the fundamental right to free expression, even when that expression is controversial or offensive.

As of now, Florida's approach to hate speech and hate crime remains focused on actions rather than words, unless those words constitute a direct threat. The ongoing debate suggests a societal and legal struggle to reconcile the protection of free speech with the need to prevent and address hate-driven acts and rhetoric. The evolution of this legal landscape will likely continue as society grapples with these complex and sensitive issues, balancing the principles of free expression with the imperative to create a safe and respectful community for all.

Charges in Florida? Contact Musca Law, P.A. for Expert Defense

If you or a loved one are facing charges under Florida's hate crime statutes, it's essential to have experienced legal representation. Musca Law, P.A., with our deep expertise in Florida law and a strong track record of defending complex cases, is ready to stand by your side. We understand the intricacies of hate crime legislation and are committed to ensuring your rights are vigorously defended. At Musca Law, P.A., we are dedicated to offering personalized and effective legal strategies, tailored to the unique circumstances of your case. Don't navigate the complexities of the legal system alone. Reach out to Musca Law, P.A. today for a partner in your defense.

We offer a free consultation 24/7/365. Just call us at 1-888-484-5057. Our team is available around the clock to discuss your case and provide the guidance you need.

With 30 office locations throughout Florida, from the Panhandle to Jacksonville, Key West, the Gulf and Atlantic coasts, and Central Orlando, we are strategically positioned to serve clients across the state. This widespread presence ensures that wherever you are in Florida, you have access to top-tier legal support.