The Justice Department announced today that it has secured an agreement with the Florida State Attorney’s Office for the Second Judicial Circuit (SAO) to resolve allegations of violations of Title VI of the Civil Rights Act of 1964.
The agreement addresses claims that Hispanic defendants charged with driving without a valid driver’s license received less favorable plea offers compared to non-Hispanic defendants facing the same charge. Title VI prohibits discrimination based on race, color, and national origin by recipients of federal financial assistance.
“To ensure fair, equitable treatment as well as public safety, state and local prosecutors must provide equal treatment in all aspects of the administration of justice, including plea deals,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Through this agreement, the State Attorney for Florida’s Second Judicial Circuit is taking action that will help ensure that the community is served without bias or discrimination.”
The department's inquiry was prompted by allegations that the SAO posted plea offer guidelines discriminating based on national origin by providing harsher plea offers for Hispanic individuals driving without a valid license compared to similarly situated individuals.
The SAO fully cooperated with the department’s inquiry and agreed to implement several measures to ensure nondiscrimination in prosecution. These measures include implementing a new nondiscrimination policy and training its staff about nondiscrimination obligations.
Additionally, the SAO committed to convene a working group of community stakeholders to assist with developing best practices for engaging with the community it serves. The SAO will also send letters to defendants who may have been impacted by the alleged discriminatory policy, offering them an opportunity to seek an alternative disposition of their charge. The letter will be translated for defendants with limited English proficiency. The SAO stated its commitment to ensuring no defendant was discriminated against regarding any plea offer made for driving without a valid driver’s license.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Members of the public may report possible civil rights violations at civilrights.justice.gov/report/.