Florida Antisemitism Laws: Penalties, Schools, and Reporting

Florida antisemitism laws are built around a single statutory definition — the International Holocaust Remembrance Alliance (IHRA) working definition, written into Section 1.015 of the Florida Statutes in 2024 — and that definition then drives hate crime penalties, school and university antidiscrimination duties, criminal statutes protecting synagogues and religious symbols, and civil rights protections in housing and employment.¹

How Florida Defines Antisemitism

Section 1.015 defines antisemitism as “a certain perception of Jewish individuals which may be expressed as hatred toward such individuals,” with manifestations directed at Jewish and non-Jewish people, their property, and Jewish community institutions or religious facilities.¹ The definition applies across every Florida statute, so the same yardstick runs through the schools, the criminal code, and the civil rights laws.

The statute lists eleven examples. Among them: calling for or justifying harm to Jewish people, spreading dehumanizing stereotypes about Jewish collective power, denying or minimizing the Holocaust, and accusing Jewish citizens of being more loyal to Israel than to the United States. Several examples address rhetoric about Israel that crosses into antisemitism, including claiming the State of Israel is a racist endeavor, holding Jewish individuals collectively responsible for Israeli government actions, using classic antisemitic imagery such as blood libel to characterize Israel, and applying double standards not expected of other democratic nations.¹

The statute also draws its own limits. Criticism of Israel that resembles criticism directed at any other country is not antisemitism, and the law expressly says it may not be construed to diminish First Amendment rights or conflict with federal or state antidiscrimination laws.¹

Penalties When a Crime Is Motivated by Anti-Jewish Bias

Florida’s hate crime enhancement can bump an offense up an entire degree. Under Section 775.085, any felony or misdemeanor is reclassified to the next-highest category when the crime shows prejudice based on religion, race, color, ancestry, ethnicity, sexual orientation, national origin, homeless status, or advanced age.²

The reclassification tiers work like this:

A second-degree misdemeanor becomes a first-degree misdemeanor, raising the maximum jail time from 60 days to one year.
A first-degree misdemeanor becomes a third-degree felony, raising the maximum from one year in jail to five years in state prison and the maximum fine from $1,000 to $5,000.²³
A third-degree felony becomes a second-degree felony, raising the maximum prison term from five to fifteen years and the maximum fine from $5,000 to $10,000.⁴

A concrete example: simple battery is normally a first-degree misdemeanor punishable by up to a year in jail. If prosecutors prove the battery was motivated by antisemitic bias, it becomes a third-degree felony carrying up to five years in prison. Courts rely on the IHRA definition and its examples to decide whether a crime was motivated by prejudice against Jewish people.

Crimes Against Synagogues, Religious Symbols, and Visibly Jewish People

Florida has separate criminal statutes aimed at religious property and at harassment of people visibly identified with a religion, independent of the hate crime enhancement.

Under Section 806.13, damaging a synagogue, mosque, or other place of worship, or any religious article inside one, is a third-degree felony when the damage exceeds $200. That carries up to five years in prison and a fine of up to $5,000, a steeper penalty than ordinary property damage at the same dollar amount, which would be only a first-degree misdemeanor.

Section 806.135 reaches further for memorials and historic property, a category that includes religious symbols. Deliberately destroying or pulling down such property is a second-degree felony punishable by up to 15 years in prison and a fine of up to $10,000, and a court must order the convicted person to pay full restitution for repair or replacement.⁵

Section 784.0493 covers harassment itself. Deliberately harassing or intimidating another person because that person is wearing or displaying something connected to their religious or ethnic heritage is a first-degree misdemeanor, punishable by up to one year in jail.⁶ Targeting someone for wearing a Star of David necklace or a kippah is exactly the conduct this statute covers. If the harassment also shows broader prejudice, the Section 775.085 enhancement can reclassify that misdemeanor to a third-degree felony.

Protections in Public Schools, Colleges, and Universities

Section 1000.05 requires every public institution in Florida’s K-20 system to handle discrimination motivated by antisemitism the same way it handles discrimination motivated by race, whether the conduct comes from students, employees, or institutional policies.⁷ That covers K-12 districts, state colleges, and state universities. Administrators and disciplinary bodies use the IHRA definition and its examples to decide whether specific conduct — from classroom incidents to student organization activity — amounts to discriminatory harassment.

Holocaust instruction is mandatory. Section 1003.42 requires teaching on the systematic annihilation of European Jews by Nazi Germany from 1933 to 1945, and the curriculum must cover the state’s policy against antisemitism, its statutory definition, and both historical and contemporary examples. School districts have to certify compliance to the Florida Department of Education each year.⁸ A 2020 amendment tied the Holocaust curriculum explicitly to antisemitism education and the statutory examples.⁹ The second week of November is designated Holocaust Education Week, marking the anniversary of Kristallnacht.

The Legislature has also funded physical security at Jewish day schools and preschools: $25 million appropriated in a November 2023 special session and another $20 million for fiscal year 2024–2025, used for cameras, perimeter fencing, shatter-resistant glass, and perimeter lighting based on law enforcement risk assessments.¹⁰

Protections in Housing and Employment

Florida’s civil rights statutes protect Jewish residents from religious discrimination in two of the places it matters most.

Section 760.23 makes it illegal to refuse to sell or rent a dwelling, discriminate in the terms or conditions of a rental, or steer prospective buyers or renters away from a property because of their religion. Landlords and sellers also cannot publish advertisements indicating a preference or limitation based on religion.¹¹

At work, Section 760.10 prohibits employers from firing, refusing to hire, or otherwise discriminating against someone because of their religion, with the same restrictions on employment agencies and labor organizations.¹² These statutes cover all religious discrimination, but they are the legal basis for Jewish employees, applicants, and tenants to challenge anti-Jewish bias.

Complaints go to the Florida Commission on Human Relations, which investigates and coordinates with federal agencies such as the EEOC where the facts overlap with federal law.

Reporting an Antisemitic Incident

Report the incident to local law enforcement. Section 877.19 requires every law enforcement agency in Florida to file a monthly report with the Florida Department of Law Enforcement on criminal acts that show prejudice based on religion, race, ethnicity, color, ancestry, sexual orientation, or national origin, so a report to the local agency feeds into the statewide picture that shapes resource allocation.¹³

Victims of antisemitic crimes may qualify for financial help through the Florida Attorney General’s Crime Victims’ Compensation Program, which covers medical care, lost income, mental health services, funeral expenses, and other costs directly tied to the crime.¹⁴ Filing a police report is what preserves that eligibility, so make the report even if the incident seems minor or the suspect is unknown.

1
Florida Senate. Florida Statutes Chapter 1 Section 015 – Antisemitism
2
Florida Senate. Florida Code 775.085 – Evidencing Prejudice While Committing Offense; Reclassification
3
Official Internet Site of the Florida Legislature. Florida Statutes 775.082 – Penalties; Applicability of Sentencing Structures; Notification Requirements
4
Official Internet Site of the Florida Legislature. Florida Statutes 775.083 – Fines
5
Florida Senate. Florida Code 806.135 – Destroying or Demolishing a Memorial or Historic Property
6
Florida Senate. Florida Code 784.0493 – Harassment or Intimidation Based on Religious or Ethnic Heritage
7
Florida Senate. Florida Code 1000.05 – Discrimination Against Students and Employees in the Florida K-20 Public Education System Prohibited
8
Statutes & Constitution. Florida Statutes 1003.42 – Required Instruction
9
Florida Senate. 2020 CS for CS for SB 1628
10
Florida Senate. HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS – HB 1109 Security for Jewish Day Schools and Preschools
11
Official Internet Site of the Florida Legislature. Florida Statutes 760.23 – Discrimination in the Sale or Rental of Housing and Other Prohibited Practices
12
Official Internet Site of the Florida Legislature. Florida Statutes 760.10 – Unlawful Employment Practices
13
Florida Senate. Florida Code 877.19 – Hate Crimes Reporting Act
14
My Florida Legal. Crime Victims Services