Florida Statute 874.03 | Lawyer Caselaw & Research

The 2024 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 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.

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.

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Amendments to 874.03

Arrestable Offenses / Crimes under Fla. Stat. 874.03

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 874.03.

Annotations, Discussions, Cases:

Cases Citing Statute 874.03

Total Results: 20

Wester v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: entities. A criminal gang, as defined in s. 874.03, constitutes an enterprise. § 895.02(5), Fla.

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

Court: Supreme Court of Florida | Date Filed: 2019-12-19

Snippet: 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.

Court: Supreme Court of Florida | Date Filed: 2019-06-06

Citation: 272 So. 3d 1210

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

In Re: Standard Criminal Jury Instructions in Capital Cases

Court: Supreme Court of Florida | Date Filed: 2018-05-24

Citation: 244 So. 3d 172

Snippet: 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

Court: Supreme Court of Florida | Date Filed: 2017-04-13

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

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

Victor Castillo v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-07-01

Citation: 170 So. 3d 112, 2015 Fla. App. LEXIS 9967

Snippet: 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

Court: Supreme Court of Florida | Date Filed: 2014-08-28

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

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

Castro v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-09-04

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

Snippet: legal entity.... A criminal gang, as defined in s. 874.03, constitutes an enterprise. § 895.02(3), Fla. Stat

Enoch v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-07-27

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

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

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

Court: Supreme Court of Florida | Date Filed: 2009-10-29

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

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

Santiago v. State

Court: District Court of Appeal of Florida | Date Filed: 2009-10-21

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

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

Hagopian v. Justice Administrative Commission

Court: District Court of Appeal of Florida | Date Filed: 2009-08-12

Citation: 18 So. 3d 625, 2009 Fla. App. LEXIS 11226, 2009 WL 2450520

Snippet: "[a] criminal street gang, as defined in s. *641 874.03, constitutes an enterprise." Id. at 1320. At least

E.A.R. v. State

Court: Supreme Court of Florida | Date Filed: 2009-01-30

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

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

EAR v. State

Court: Supreme Court of Florida | Date Filed: 2009-01-30

Citation: 4 So. 3d 614, 2009 WL 217979

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

L.B. v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-09-25

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

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

LB v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-09-25

Citation: 965 So. 2d 1214, 2007 WL 2766728

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

Ariano v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-07-25

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

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

R.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-01-05

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

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

RC v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-01-05

Citation: 948 So. 2d 48, 2007 WL 29399

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

Bejerano v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-05-12

Citation: 760 So. 2d 218, 2000 Fla. App. LEXIS 5695, 2000 WL 569673

Snippet: entities. A criminal street gang as defined in s. 874.03 constitutes an enterprise. § 895.02(3), Fla. Stat