May 1, 2008
Media Contact: Sandi Copes
Phone: (850) 245-0150
Florida Gang Members to Face Harsher Penalties
TALLAHASSEE, FL – The Florida Legislature today approved House Bill (HB) 43, tough anti-gang legislation, championed by Attorney General Bill McCollum and sponsored by Senator Jeff Atwater (R-Palm Beach Gardens) and Representative William Snyder (R-Stuart).
"As Florida fights a growing gang problem, we must give our law enforcement officers and state prosecutors the tools necessary to win that battle," said Attorney General Bill McCollum. "This legislation provides them with those essential tools, and I appreciate the commitment the Legislature has demonstrated to keeping our neighborhoods and communities safer from gangs and gang violence."
“I am pleased we have been able to move significant penalties to deter gang violence and gang crime,” said Senator Jeff Atwater, who sponsored similar legislation (CS/CS/SB 76) in the Florida Senate. “This problem has been particularly acute in Broward & Palm Beach Counties. This is a good step in getting this statewide problem under control.”
“With more than 1,000 gangs and an estimated 65,000 active members in our State, our law enforcement leaders tell us they need this legislation to effectively combat this growing threat,” said Representative Snyder. “This bill will help police officers, Sheriffs, and prosecutors throughout our state fight the scourge of gangs in our communities.”
“When Floridians are afraid to walk down the street or shop in a mall for fear of getting shot in a crossfire between gang members, it’s time to recognize that government’s number one priority is the protection of its citizens,” Representative Snyder continued.
The legislation closely follows the recommendations of the 18th Statewide Grand Jury Report Criminal Gangs and Gang Related Violence, which was overseen by Statewide Prosecutor William Shepherd. “As a result of this bill, gang members from around the country will find no safe harbor in Florida; those who are here can choose to leave their criminal gang life or end up in our prisons,” said William Shepherd.
A few of the main provisions of the bill include a gang kingpin statute which makes it a first-degree felony punishable by life for initiating, organizing, or financing criminal gang-related activity; adding new offenses to the definition of RICO predicate incidents to reflect common gang behavior such as fleeing to elude or accessory after the fact; and prohibiting use of electronic communications to further the criminal interests of a gang. An additional provision allows for civil injunctions against convicted gang members who knowingly associate with other criminal gang members or associates.
“Gang violence is a growing epidemic that threatens the safety of our communities,” said Representative Adam Hasner (R-Delray Beach). “This legislation modernizes our laws and provides law enforcement and prosecutors with the tools and resources to go after these domestic terrorists.”
In addition to enhancing penalties for gang members and gang activity, the legislation also provides for the creation of a Coordinating Council on Gang Reduction Strategies to be chaired by the Attorney General. The Council will be charged with working with local and state partners over the next year to develop a statewide strategy to combat gangs.