TAMPA, Fla. (WFLA) — The Florida House on Thursday voted to pass a bill that would toughen penalties for juveniles committing crimes with firearms, but some aspects of the bill were criticized by opponents.
House Bill 1181, which was introduced by Berny Jacques (R-Clearwater), passed by a vote of 83-29.
The bill would, among other things, require any juvenile who commits a crime with a gun to be charged with a third-degree felony instead of a misdemeanor.
During debate Thursday, Jacques brought up a Christmas Eve shooting in Largo when a young mother was killed by her 14-year-old brother who got into an argument with a 15-year-old over Christmas presents.
“Now a young man is charged with first-degree murder and the other is charged with attempted first-degree murder,” Jacques said. “And it’s tragic because this could have been prevented.”
Jacques said one of the teens involved had a history as young as 12 years old.
“If there were mechanisms in place, who knows what could have been prevented,” he said.
Several representatives criticized a portion of the bill that would allow for children that are taken into custody for alleged offenses to be held in “secure detention” for up to 60 days, or longer, while awaiting an adjudicatory hearing.
“Y’all, that flies in the face of the Constitution, that flies in the face of human decency, and that flies in the face of protecting our children,” Rep. Michele Rayner (D-St. Pete) said.
Rep. Ashley Gantt (D-Miami) cited information from the Annie E. Casey Foundation that says pre-trial juvenile detention increases felony recidivism by 33%.
“We’re basically saying, you’re not worthy of any type of rehabilitation,” she said. “Let’s just get you used to being in custody. Let’s institutionalize you so we can fill the beds in our private prison system.”
She also cited information from the Florida Department of Juvenile Justice that says increased length of stay by itself doesn’t decrease recidivism.
“And this is studies done by federal agencies, done by our own state agencies,” Gantt said.
“This bill is bad policy,” she said.
Rep. Yvonne Hinson (D-Gainesville) said a study from Vera Institute of Justice found that custodial sentences can increase re-offenses because they learn the behaviors of the people they’re locked up with. She said it does nothing to protect children.
Gantt echoed that sentiment.
“I just can’t reconcile how we say we care about children and unborn children, but we want to lock away children who make a bad decision for 60 days with zero charges against them,” Gantt said. “It’s morally wrong.”
However, Jacques said the bill does protect children by preventing them from ruining their lives in the Department of Corrections by having early accountability.
“Kids, they do dumb things, but they’re smart enough to know that if they can geta way with something over and over and over again, they’re going to keep doing it,” he said. “And one day, they’re going to end up facing a prosecutor in the adult system, where they’re facing consequences for things they got away with in the juvenile system.”
Pinellas County Sheriff Bob Gualtieri worked with lawmakers to come up with the bill. He said the problem with juveniles and guns is worse than he’s ever seen.
“It’s probably the worst I’ve ever seen it as far as the number of kids with guns and committing crimes,” Gualtieri told News Channel 8 on Monday.
He argues that coming down harder on teens the first time they’re caught with illegal guns, could prevent future tragedies.
A similar bill must also pass the Senate before it would head to Gov. Ron DeSantis.
