Florida Statute 874.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 874
CRIMINAL GANG ENFORCEMENT AND PREVENTION

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F.S. 874.02

874.02 Legislative findings and intent.—

(1) The Legislature finds that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of criminal gangs and their members. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The Legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.

(2) The Legislature finds, however, that the state is facing a mounting crisis caused by criminal gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes. These criminal gang activities, both individually and collectively, present a clear and present danger. Street gangs, terrorist organizations, and hate groups have evolved into increasingly sophisticated and complex organized crime groups in their criminal tactics, schemes, and brutality. The state has a compelling interest in preventing criminal gang activity and halting the real and present danger posed by the proliferation of criminal gangs and the graduation from more primitive forms of criminal gangs to highly sophisticated criminal gangs. For these reasons, the Legislature finds that the provisions of this chapter are essential to maintain public order and safety.

(3) It is the intent of the Legislature to outlaw certain conduct associated with the existence and proliferation of criminal gangs, provide enhanced criminal penalties, and eliminate the patterns, profits, proceeds, instrumentalities, and property facilitating criminal gang activity, including criminal gang recruitment.

(4) The Legislature finds that the timely reporting and exchange of criminal gang information facilitates the ability of law enforcement agencies to monitor and anticipate criminal activities of gangs and their members. Additionally, the timely and standardized reporting of such criminal gang information supports the identification of gang members via the criminal justice information system and directly contributes to law enforcement officers’ safety. For these reasons, it is the intent of the Legislature to encourage state and local law enforcement agencies to facilitate the exchange of crime data information through the statewide criminal gang database as provided in s. 874.09.

History.—s. 1, ch. 90-207; s. 74, ch. 94-209; s. 56, ch. 95-267; s. 35, ch. 96-388; s. 6, ch. 2008-238.

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Amendments to 874.02

Arrestable Offenses / Crimes under Fla. Stat. 874.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 874.02.

Annotations, Discussions, Cases:

Cases Citing Statute 874.02

Total Results: 10

Enoch v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2012-07-27T00:00:00-07:00

Citation: 95 So. 3d 344, 2012 WL 3047313, 2012 Fla. App. LEXIS 12275

Snippet: , and secondary legal authorities. See, e.g., § 874.02(2)-(3), Fla. Stat. (2009); Colo.Rev.Stat. § 16-…scourge of gang-related criminal activity. See § 874.02(1), Fla. Stat. (2009) (“The Legislature recognizes…associate with others who share similar beliefs -”); § 874.02(2) (acknowledging “a mounting crisis caused by …citizens and commit a multitude of crimes”). Section 874.02(3) evinces a clear intent “to outlaw certain conduct…their criminal tactics, schemes, and brutality.” § 874.02(2). Because this is an integral part of the State

Mercury Insurance Co. of Florida v. Fonseca

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-11T00:00:00-08:00

Citation: 3 So. 3d 415, 2009 Fla. App. LEXIS 1040, 2009 WL 321609

Snippet: x27;s Motion for Reconsideration. R. Vol. V. p. 874. [2] Substantial modification to a release may, under

S.P. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-29T00:00:00-08:00

Citation: 664 So. 2d 1064, 1995 Fla. App. LEXIS 12611

Snippet: “to eradicate the terror” which gangs create. § 874.02(3), Fla.Stat. (1993). The first inquiry is whether

SP v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-28T23:53:00-08:00

Citation: 664 So. 2d 1064

Snippet: eradicate the terror" which gangs create. § 874.02(3), Fla. Stat. (1993). The first inquiry is whether

Baggett v. Baggett

Court: Fla. Dist. Ct. App. | Date Filed: 1977-06-29T00:00:00-07:00

Citation: 347 So. 2d 1063, 1977 Fla. App. LEXIS 16243

Snippet: pay her father for her one-half interest in the 874/2 acre tract. There is no showing in this record that

Warren v. Capuano

Court: Fla. | Date Filed: 1973-06-27T00:53:00-07:00

Citation: 282 So. 2d 873

Snippet: do not undertake to pass upon the validity *874 of these two disallowances since they are not cross-appealed

General Guaranty Insurance Company v. Broxsie

Court: Fla. Dist. Ct. App. | Date Filed: 1970-10-01T00:53:00-07:00

Citation: 239 So. 2d 595

Snippet: Kiplinger (1941), 147 Fla. 243, 2 So.2d 870, 873, 874. [2] Buddin v. Nationwide Ins. Co. (1967) 250 S.Ct

Reliance Insurance Co. v. Dade County

Court: Fla. Dist. Ct. App. | Date Filed: 1969-12-23T00:00:00-08:00

Citation: 230 So. 2d 21, 1969 Fla. App. LEXIS 6433

Snippet: Construction Company, Fla.1955, 78 So.2d 873, 874; and $2,059.92 as attorneys’ fees or compensation, such

Hallowes v. New York Life Insurance

Court: Fla. | Date Filed: 1938-07-14T00:00:00-08:00

Citation: 184 So. 7, 133 Fla. 872, 1938 Fla. LEXIS 1063

Snippet: , THEREFORE THEY ARE NOT DISPLAYED.] *Page 874 In the two above entitled cases, writs of certiorari were

Atlas Rock Co. v. Miami Beach Builders Supply Co.

Court: Fla. | Date Filed: 1925-04-01T00:00:00-08:00

Citation: 103 So. 615, 89 Fla. 340

Snippet: 30 Sup. Ct. Rep. 606; 12 R. C. L. 528; 27 C. J. 874; 2 R. C. L. Supp. p. 1446 and Notes. A tow boat, a