Policy Text
\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT
GENERAL ORDER
TITLE ACCREDITATION
Hate and Bias Crimes CALEA 82.1.4
PRIOR REVISIONS:
PROPONENT UNIT 04/12/06, 11/27/19
Criminal Investigations Division
Records Unit ATTACHMENT:
NUMBER ISSUE DATE REVISION DATE TOTAL PAGES
40.9 07/01/1998 09/17/2024 2
I. PURPOSE: This Order establishes guidelines for reporting and investigating crimes motivated
by hate.
II. POLICY: The Gainesville Police Department considers a crime that is based on hate as an
affront to the rights and liberty of the individual and a potential threat to social stability.
Consequently, to ensure public safety, the Gainesville Police Department shall thoroughly
report, actively investigate, and vigorously prosecute crimes based on hate, prejudice, or bias.
III. DEFINITION:
Hate Crime: Criminal offense against a person or property motivated in whole or in part by
an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or
gender identity.
A. Enhanced Penalties: Criminal acts based on prejudice (as defined above) are subject to
enhanced penalties regarding misdemeanor and felony degree classifications [FSS
775.085].
B. Charge: The term “hate crime” does not refer to a criminal offense itself and is only used
for classifying the degree of the criminal penalty.
IV. PROCEDURE:
A. Investigation: Members who investigate a crime motivated by prejudice shall thoroughly
investigate the incident, write an Investigative Report, process and/or photograph the
scene when evidence is present, and take action to stop and prevent any further violation.
1. Verifying a ‘Hate Crime’:
i. Essential Element: When verifying a ‘hate crime’, the investigating member must
determine, as well as document, that the defendant or suspect perceived, knew,\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT
or had reasonable grounds to perceive or know that the person (or their property)
against whom the actions were directed:
a Is/was a member of one or more of the delineated groups (racial, ethnic,
religious, sexual orientation, et al) and
b That the actions were motivated by that affiliation
ii. Determining Motivation: Members should consider the victim’s information as
well as independent facts when determining if a crime may have been:
a Opportunistic (random burglary autos not attributable to one victim’s affiliation),
b Motivated by other issues (person ejected from lounge due to being intoxicated
and disruptive and not due to affiliation), or
c Likely to have been motivated by prejudice, hate or bias.
2. Classification:
i. A member investigating a hate crime shall select the specific crime (e.g., battery,
criminal mischief) in the offense section and the appropriate classification under
Hate/Bias Motivated on the Incident Report.
ii. The words “Hate Crime” will be included on the mittimus in the body of the
narrative.
3. Follow-up: The member investigating the crime shall be responsible for making a
follow-up contact to ensure the victim is protected and receives necessary law
enforcement support services.
B. Report Distribution: The Records Division shall submit a monthly report of hate crimes
to the Florida Department of Law Enforcement (FDLE) in the manner prescribed by them,
(NIBRS/FIBRS), pursuant to the requirements of FSS 877.19 (2). [CALEA 82.1.4]
_________________________
By Order of
Signed Original on File in the
Accreditation Unit
__________________________
Nelson Moya
Chief of Police
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