Florida Statute 874.3 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 874
CRIMINAL GANG ENFORCEMENT AND PREVENTION

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F.S. 874.03

874.03 Definitions.—As used in this chapter:

(1) “Criminal gang” means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols, including, but not limited to, terrorist organizations, transnational crime organizations, and hate groups.

(a) As used in this subsection, “ongoing” means that the organization was in existence during the time period charged in a petition, information, indictment, or action for civil injunctive relief.

(b) As used in this subsection, “primary activities” means that a criminal gang spends a substantial amount of time engaged in such activity, although such activity need not be the only, or even the most important, activity in which the criminal gang engages.

(2) “Criminal gang associate” means a person who:

(a) Admits to criminal gang association; or

(b) Meets any single defining criterion for criminal gang membership described in subsection (3).

(3) “Criminal gang member” is a person who meets two or more of the following criteria:

(a) Admits to criminal gang membership.

(b) Is identified as a criminal gang member by a parent or guardian.

(d) Adopts the style of dress of a criminal gang.

(e) Adopts the use of a hand sign identified as used by a criminal gang.

(f) Has a tattoo identified as used by a criminal gang.

(g) Associates with one or more known criminal gang members.

(h) Is identified as a criminal gang member by an informant of previously untested reliability and such identification is corroborated by independent information.

(i) Is identified as a criminal gang member by physical evidence.

(j) Has been observed in the company of one or more known criminal gang members four or more times. Observation in a custodial setting requires a willful association. It is the intent of the Legislature to allow this criterion to be used to identify gang members who recruit and organize in jails, prisons, and other detention settings.

(k) Has authored any communication indicating responsibility for the commission of any crime by the criminal gang.

Where a single act or factual transaction satisfies the requirements of more than one of the criteria in this subsection, each of those criteria has thereby been satisfied for the purposes of the statute.

(4) “Criminal gang-related activity” means:

(a) An activity committed with the intent to benefit, promote, or further the interests of a criminal gang, or for the purposes of increasing a person’s own standing or position within a criminal gang;

(b) An activity in which the participants are identified as criminal gang members or criminal gang associates acting individually or collectively to further any criminal purpose of a criminal gang;

(d) An activity that is identified as criminal gang activity by an informant of previously untested reliability and such identification is corroborated by independent information.

(5) “Electronic communication” has the meaning provided in s. 934.02 and includes, but is not limited to, photographs, video, telephone communications, text messages, facsimile, electronic mail messages as defined in s. 668.602, and instant message real-time communications with other individuals through the Internet or other means.

(6) “Hate group” means an organization whose primary purpose is to promote animosity, hostility, and malice against a person or persons or against the property of a person or persons because of race, religion, disability, sexual orientation, ethnicity, or national origin.

(7) “Terrorist organization” means any organized group engaged in or organized for the purpose of engaging in terrorism as defined in s. 775.30. This definition shall not be construed to prevent prosecution under this chapter of individuals acting alone.

(8) “Transnational crime organization” means any group, network, or association of persons, at least one of which is an unauthorized alien as defined in s. 908.111, that routinely facilitates the international trafficking of drugs, humans, or weapons or the international smuggling of humans.

History.—s. 1, ch. 90-207; s. 75, ch. 94-209; s. 36, ch. 96-388; s. 7, ch. 2008-238; s. 11, ch. 2017-37; s. 11, ch. 2025-1.

F.S. 874.03 on Google Scholar

F.S. 874.03 on CourtListener

Amendments to 874.03

Annotations, Discussions, Cases:

Cases Citing Statute 874.03

Total Results: 32

EAR v. State

4 So. 3d 614, 2009 WL 217979

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1666810

Cited 55 times | Published

pursuant to the legal definition provided in section 874.03, Florida Statutes (2007) a criminal street

E.A.R. v. State

4 So. 3d 614, 34 Fla. L. Weekly Supp. 120, 2009 Fla. LEXIS 150

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 60295083

Cited 34 times | Published

pursuant to the legal definition provided in section 874.03, Florida Statutes (2007) — a criminal street

In Re Standard Jury Instructions in Criminal Cases—Report No. 2005-2

22 So. 3d 17, 34 Fla. L. Weekly Supp. 583, 2009 Fla. LEXIS 1806, 2009 WL 3461148

Supreme Court of Florida | Filed: Oct 29, 2009 | Docket: 1639801

Cited 13 times | Published

aggravating factor, definitions as appropriate from § 874.03, Fla. Stat., must be given. 14. The capital felony

State v. OC

748 So. 2d 945, 1999 WL 731661

Supreme Court of Florida | Filed: Sep 16, 1999 | Docket: 1504975

Cited 8 times | Published

"criminal street gang" is broadly defined in section 874.03 as a formal or informal ongoing organization

Norman Merle Grim, Jr. v. Secretary, Florida Department of Corrections

705 F.3d 1284, 2013 WL 221459, 2013 U.S. App. LEXIS 1457

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 2013 | Docket: 890400

Cited 4 times | Published

criminal gang member, as defined in [Fla. Stat. §] 874.03. (o) The capital felony was committed by

State v. O.C.

748 So. 2d 945, 24 Fla. L. Weekly Supp. 425, 1999 Fla. LEXIS 1558

Supreme Court of Florida | Filed: Sep 16, 1999 | Docket: 64794006

Cited 3 times | Published

“criminal street gang” is broadly defined in section 874.03 as a formal or informal ongoing organization

SP v. State

664 So. 2d 1064

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 1655901

Cited 3 times | Published

Gang Member. S.P. filed a Motion to Determine F.S. 874.03 and 874.04 Unconstitutional. The court denied

Castro v. State

122 So. 3d 912, 2013 WL 4728355, 2013 Fla. App. LEXIS 14084

District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60234803

Cited 2 times | Published

sentences. STEVENSON and TAYLOR, JJ., concur. . Section 874.03(1), Florida Statutes (2008), defines a "criminal

LB v. State

965 So. 2d 1214, 2007 WL 2766728

District Court of Appeal of Florida | Filed: Sep 25, 2007 | Docket: 1509274

Cited 2 times | Published

restrictiveness level for the child." Pursuant to section 874.03(2), Florida Statutes (2005), a "criminal street

RC v. State

948 So. 2d 48, 2007 WL 29399

District Court of Appeal of Florida | Filed: Jan 5, 2007 | Docket: 1770351

Cited 2 times | Published

great weight." (Emphasis added). Pursuant to section 874.03(2), Florida Statutes (2005), a "criminal street

AH v. State

724 So. 2d 1268, 1999 WL 49818

District Court of Appeal of Florida | Filed: Feb 5, 1999 | Docket: 1410621

Cited 2 times | Published

the commission of criminal or delinquent acts." § 874.03(1), Fla. Stat. (1997). A criminal street gang

SL v. State

708 So. 2d 1006, 1998 WL 145318

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 542237

Cited 2 times | Published

a criminal street gang member pursuant to section 874.03, Florida Statutes (Supp.1994). This motion

AG v. State

726 So. 2d 834, 1999 WL 44431

District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 2582564

Cited 1 times | Published

indicative of criminal street gang membership. *835 See § 874.03(2)(d), Fla. Stat. (1997). Gang tattoos relate

OC v. State

722 So. 2d 839, 1998 WL 769791

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 1669168

Cited 1 times | Published

second degree. § 874.04, Fla. Stat. (Supp.1996). Section 874.03, the definition section of the statute, defines

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-06

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761655

Published

DCA 1989). A criminal gang, as defined in § 874.03, Fla. Stat., constitutes an enterprise.

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-13.

272 So. 3d 1210

Supreme Court of Florida | Filed: Jun 6, 2019 | Docket: 15737694

Published

interests of a criminal gang? Yes No § 874.03, Fla. Stat. "Criminal gang" means

In Re: Standard Criminal Jury Instructions in Capital Cases

244 So. 3d 172

Supreme Court of Florida | Filed: May 24, 2018 | Docket: 6890134

Published

aggravating factor, definitions as appropriate from § 874.03, Fla. Stat., must be given. 14. The First

In Re: Standard Criminal Jury Instructions in Capital Cases

214 So. 3d 1236, 42 Fla. L. Weekly Supp. 449, 2017 Fla. LEXIS 782

Supreme Court of Florida | Filed: Apr 13, 2017 | Docket: 4684623

Published

aggravating factor, definitions as appropriate from § 874.03, Fla. Stat., must be given. 14. The capital

Victor Castillo v. State of Florida

170 So. 3d 112, 2015 Fla. App. LEXIS 9967, 2015 WL 3980627

District Court of Appeal of Florida | Filed: Jul 1, 2015 | Docket: 2679208

Published

See § 895.02(3), Fla. Stat. (2007). Section 874.03, Florida Statutes (2007), defines a “[cjriminal

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-03

146 So. 3d 1110, 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171079

Published

aggravating factor, definitions as appropriate from, § 874..03, Fla. Stat., must be given. 14. The capital

Enoch v. State

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

District Court of Appeal of Florida | Filed: Jul 27, 2012 | Docket: 60311191

Published

activity in which the criminal gang engages. § 874.03(l)(b). “Criminal gang member” is a person who

Santiago v. State

23 So. 3d 1206, 2009 Fla. App. LEXIS 15777, 2009 WL 3364876

District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 1236183

Published

a "criminal street gang," as defined under section 874.03(1), Florida Statutes (2006). The fourth amended

L.B. v. State

965 So. 2d 1214, 2007 Fla. App. LEXIS 14868

District Court of Appeal of Florida | Filed: Sep 25, 2007 | Docket: 64852626

Published

restrictiveness level for the child.” Pursuant to section 874.03(2), Florida Statutes (2005), a “criminal street

Ariano v. State

961 So. 2d 366, 2007 Fla. App. LEXIS 11404, 2007 WL 2119133

District Court of Appeal of Florida | Filed: Jul 25, 2007 | Docket: 64851530

Published

a pattern of criminal street gang activity. Section 874.03(2), Florida Statutes (2004), defines a “criminal

R.C. v. State

948 So. 2d 48, 2007 Fla. App. LEXIS 97

District Court of Appeal of Florida | Filed: Jan 5, 2007 | Docket: 64848827

Published

great weight.” (Emphasis added). Pursuant to section 874.03(2), Florida Statutes (2005), a “criminal street

A.H. v. State

724 So. 2d 1268, 1999 Fla. App. LEXIS 979

District Court of Appeal of Florida | Filed: Feb 5, 1999 | Docket: 64785868

Published

the commission of criminal or delinquent acts.” § 874.03(1), Fla. Stat. (1997). A criminal street gang

A.G. v. State

726 So. 2d 834, 1999 Fla. App. LEXIS 822

District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 64786320

Published

indicative of criminal street gang membership. *835See § 874.03(2)(d), Fla. Stat. (1997). Gang tattoos relate

A.K. v. State

724 So. 2d 660, 1999 Fla. App. LEXIS 257, 1999 WL 12905

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 64785582

Published

was a member of a criminal street gang under section 874.03, Florida Statutes (Supp.1996), a necessary

O. C. v. State

722 So. 2d 839, 1998 Fla. App. LEXIS 14041

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 64784974

Published

second degree. § 874.04, Fla. Stat. (Supp.1996). Section 874.03, the definition section of the statute, defines

S.L. v. State

708 So. 2d 1006, 1998 Fla. App. LEXIS 3143

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 64780033

Published

a criminal street gang member pursuant to section 874.03, Florida Statutes (Supp.1994). This motion

Standard Jury Instructions in Criminal Cases—No. 96-1

690 So. 2d 1263, 22 Fla. L. Weekly Supp. 98, 1997 Fla. LEXIS 169, 1997 WL 96302

Supreme Court of Florida | Filed: Mar 6, 1997 | Docket: 64772223

Published

aggravating factor, definitions as appropriate from F.S. 874.03 must be given. 14.The capital felony was committed

S.P. v. State

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

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 64760953

Published

Gang Member. S.P. filed a Motion to Determine F.S. 874.03 and 874.04 Unconstitutional. The court denied