Policy Text
HATE CRIMES
EFFECTIVE DATE: 06/01/97 STANDARD NO. 003 REVISED: 06/22/18
REPLACES: SOP Hate Crimes 08-01.1-3 – Rev. 01/01/03; Rev. 06/01/05
OBJECTIVE: To develop criteria for reporting hate crimes as defined by the Florida
Legislature.
POLICY: It is the policy of the Homestead Police Department (HPD) to provide the
following guidelines for handling all situations involving a hate-related incident or
crime.
SCOPE: All employees of this Department shall be governed by the procedures set forth
below.
I. DEFINITIONS:
A. The Florida Legislature defines a hate crime as: a committed or attempted act by any
person or group of persons against a person or the property of another person or group,
which in any way constitutes an expression of hatred toward the victim because of
his/her personal characteristics. Personal characteristics include race/color,
gender/gender identity, religion, ethnicity/ancestry/national origin, advance age,
mental/physical, disability, and homeless status. The mention of a prejudiced remark
does not necessarily make a criminal incident hate-motivated, any more than the
absence of such a remark makes the criminal incident a non-hate one. Law
enforcement officers must rely on their investigative judgment and use probable cause
standards to assist them in determining whether a specific incident constitutes a hate
motivated crime. Statements of victims and/or witnesses, as well as physical evidence,
may be used to make this determination.
II. PROCEDURES:
A. When responding to a “hate related” incident or crime, the officer must do so with a swift
and strong response in order to stabilize and calm the community as well as aid in a
victim’s recovery.
B. Officers should thoroughly document evidence in all bias-motivated incidents. Officers
can help to defuse potentially dangerous situations and prevent bias-motivated criminal
behavior by responding to and documenting bias-motivated speech or behavior even if it
does not rise to the level of a criminal offense.
C. Police officers arriving on the scene must determine whether or not the incident is a hate
incident or a hate crime. Hate incidents involve behaviors that, though motivated by bias
against a victim’s race, religion, ethnic/national origin, gender, age, disability or sexual
orientation, are not criminal acts. Hostile or hateful speech, or other
disrespectful/discriminatory behavior may be motivated by bias but is not illegal. They
become crimes only when they directly incite perpetrators to commit violence against
persons or property, or if they place a potential victim in reasonable fear of physical
injury.
Hate Crimes – SOP# 003
C. Once the determination has been made, the officer will immediately:
1. Secure the scene; have the on-duty supervisor respond;
2. Stabilize the victim(s) and request medical attention if necessary;
3. Ensure the safety of victims, witnesses and perpetrators;
4. Preserve the crime scene; collect and photograph physical evidence with the
assistance of a detective;
5. Identify criminal evidence on the victim; and
6. Conduct a preliminary investigation; record all pertinent information to the case.
For example, identifying the suspect(s), identifying witnesses, including those no
longer on the scene, and whether there have been prior occurrences, in the area,
or with the victim.
D. The officer will thoroughly document evidence in all bias-motivated incidents and crimes
with an Offense/Incident Report and a Florida Hate Crime Statistical Report form. Be
sure to include any particular hate crime indicators and quoting exact wording of
statements made by the subject(s).