Mandatory sentences in juvenile detention centers range from five days for first-time firearms misdemeanors, to more than a month for felony gun offenses.
State Representative Berny Jacques (R-Clearwater), who sponsored the legislation during this past session, argued the law is designed to create more accountability.
“This is a way to deter them, to make sure that they pivot away from a life of crime,” said Jacques.
The new law also blocks juveniles who commit gun offenses from participating in ‘prearrest delinquency citation programs’, which were previously called ‘civil citation programs’ in state statute.
“People are getting gunned down and killed at the hand of juveniles and we want to send a strong message that once you start committing crimes involving firearms, this program will not be available to you,” said Jacques.
That particular change won’t make much of a difference here in Northeast Florida.
In the 4th Judicial Circuit, minors facing gun charges have rarely been allowed to participate in civil citation programs according to the state attorney’s office.
“We do not divert those gun cases and those juveniles do not qualify for civil citations under the current memorandum of understanding among law enforcement agencies. There are only rare exceptions given the age of an offender,” said David Chapman, Communications Director for State Attorney Melissa Nelson’s office.
But another change is more likely to make an impact in our region.
It allows law enforcement to make arrests when they have probable cause to believe a minor is committing a misdemeanor gun crime.
Previously, officers would have to obtain a warrant.
Sheriff TK Waters applauded the new law’s focus on accountability.
“Legislation such as HB 1181 helps put the focus back on individual responsibility and allows for law enforcement to hopefully play a larger role in helping deter young people from pursuing a life of crime,” said Sheriff Waters in a statement sent to Action News Jax.
On the other hand, Action News Jax Law and Safety Expert Dale Carson questioned whether it’s realistic to expect the problem of youthful gun offenders to be solved by the judicial system.
“They’re children and they have to learn their behavior strategies from other adults. They don’t learn their behavior strategies based on some arcane law passed by a bunch of legislators in another part of the state,” said Carson.
But Jacques argued the new law’s intent goes beyond just accountability and deterrence.
“If you’re a victim of one of these gun crimes and you get gunned down, it doesn’t matter if the person who gunned you down was an adult or a youth,” said Jacques. “It’s terrible and so, we need to make sure that we crackdown in order to keep our people here safe in Florida.”
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