Pursuant to Florida Hate Crime Statute 775.085, a defendant found guilty of a hate crime could be subject to the following penalties:
1. A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree. (A person convicted of a misdemeanor of the first degree may be sentenced to a definite term of imprisonment not exceeding 1 year.)
2. A misdemeanor of the first degree is reclassified to a felony of the third degree. (A person convicted of a felony of the third degree may be sentenced to a term of imprisonment not exceeding 5 years.)
3. A felony of the third degree is reclassified to a felony of the second degree. (A person convicted of a felony of the second degree may be sentenced to a term of imprisonment not exceeding 15 years.)
4. A felony of the second degree is reclassified to a felony of the first degree. (A person convicted of a felony of the first degree may be sentenced to a term of imprisonment of 30 years.)
5. A felony of the first degree is reclassified to a life felony. (A person convicted of a life felony may be sentenced to a term of imprisonment for life.)
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