JACKSONVILLE, Fla. — A new Florida law taking effect Thursday will expand what police can use to identify someone as a gang member.
Under current state law, a person must meet at least two criteria to be identified as a gang member. That requirement is not changing when the new law takes effect on October 1st. Instead, the state is expanding what can count toward those two criteria and, in some cases, making the criteria easier to meet.
Right now, police can count someone being seen with known gang members, but it must happen at least four times. Under the new law, that drops to two times.
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A parent or guardian identifying someone as a gang member can already count toward the criteria. Starting Thursday, a spouse who lives with the person can make that identification, too.
The new law also expands to certain online activity. Admitting gang membership online can count toward the criteria, as can certain gang-related language online when it is used to further gang-related criminal activity. Police will also be able to consider whether a gang itself claims someone as a member.
Commander Jose Cheeseborough of the Jacksonville Sheriff’s Office said the changes reflect how much activity now takes place online.
“We’re moving on into future times where everything is done online. Social media accounts, YouTube, everything is done online so we’re starting to catch up,” Cheeseborough said.
Cheeseborough has been with JSO since 2013 and joined the gang unit in January. He said the unit has identified about 26 active gangs in Jacksonville and about 532 active gang members.
Although state law requires only two criteria, Cheeseborough said investigators try to document more.
“I know the law says you only need two criteria, but we try to get as many as we can knowing that when we go to court a lot of those things are going to get tossed out or they’re going to get argued,” Cheeseborough said.
Being identified as a gang member does not automatically make someone’s criminal charges more serious. However, if prosecutors can prove a crime was committed to benefit a gang, state law allows tougher penalties.
JSO is also working to keep people from continuing down that path through Operation Safe Passage. The program connects people involved in or at risk of gang activity with resources and services.
Pastor Garland Scott, who works with Operation Safe Passage, said those resources can range from employment and education to help getting a driver’s license.
“Once we assist them, we have a plethora of agencies. There’s no excuse. We can help from jobs, trade schools, higher education. Driver’s license. It’s so many things that you don’t even got to mention,” Scott said.
Scott said getting relatives involved can also be critical to reaching someone.
“The best case scenario is when the whole family gets involved,” Scott said. “We’ve helped everybody, including generations.”
Cheeseborough said JSO wants people involved in gangs to understand there are resources available beyond enforcement.
“Please take heed. Choose a different path. And we’re here to provide resources and not just enforcement,” Cheeseborough said.
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