Florida Statute 874.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 874
CRIMINAL GANG ENFORCEMENT AND PREVENTION

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F.S. 874.04

874.04 Gang-related offenses; enhanced penalties.—Upon a finding by the factfinder that the defendant committed the charged offense for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, the penalty for any felony or misdemeanor, or any delinquent act or violation of law which would be a felony or misdemeanor if committed by an adult, may be enhanced. Penalty enhancement affects the applicable statutory maximum penalty only. Each of the findings required as a basis for such sentence shall be found beyond a reasonable doubt. The enhancement will be as follows:

(1)(a) A misdemeanor of the second degree may be punished as if it were a misdemeanor of the first degree.

(b) A misdemeanor of the first degree may be punished as if it were a felony of the third degree. For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such offense is ranked in level 1 of the offense severity ranking chart. The criminal gang multiplier in s. 921.0024 does not apply to misdemeanors enhanced under this paragraph.

(2)(a) A felony of the third degree may be punished as if it were a felony of the second degree.

(b) A felony of the second degree may be punished as if it were a felony of the first degree.

For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such felony offense is ranked as provided in s. 921.0022 or s. 921.0023, and without regard to the penalty enhancement in this subsection.

History.—s. 1, ch. 90-207; s. 76, ch. 94-209; s. 23, ch. 95-184; s. 37, ch. 96-388; s. 21, ch. 97-194; s. 1, ch. 2001-126; s. 8, ch. 2008-238.

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Amendments to 874.04

Arrestable Offenses / Crimes under Fla. Stat. 874.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 874.04.

Annotations, Discussions, Cases:

Cases Citing Statute 874.04

Total Results: 20

STATE OF FLORIDA v. JAMELL DEMONS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-11-08T23:53:00-08:00

Snippet: furthering the interests of a criminal gang.” § 874.04, Fla. Stat. (2018). The defendant was rearraigned

In RE: AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE-2018 REGULAR-CYCLE REPORT.

Court: Fla. | Date Filed: 2018-10-04T00:00:00-07:00

Citation: 265 So. 3d 494

Snippet: an offense that was found, pursuant to section 874.04, Florida Statutes, to have been committed for the

In Re: Amendments to the Florida Rules of Criminal Procedure - 2018 Regular-Cycle Report

Court: Fla. | Date Filed: 2018-07-19T00:53:00-07:00

Snippet: an offense that was found, pursuant to section 874.04, Florida Statutes, to have been committed

Graves v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-06T00:53:00-07:00

Snippet: reclassifying an offense to a higher degree. See, e.g., § 874.04, Fla. Stat. (2018) (“Upon a finding by the factfinder

In Re: Amendments to the Florida Rules of Criminal Procedure – Corrected Opinion

Court: Fla. | Date Filed: 2016-02-17T23:53:00-08:00

Snippet: an offense that was found, pursuant to section 874.04, Florida Statutes, to have been committed

In Re: Amendments to the Florida Rules of Criminal Procedure - Corrected Opinion

Court: Fla. | Date Filed: 2016-01-20T23:53:00-08:00

Snippet: an offense that was found, pursuant to section 874.04, Florida Statutes, to have been committed

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

Court: Fla. | Date Filed: 2015-10-29T00:00:00-07:00

Citation: 188 So. 3d 764

Snippet: an offense that was found, pursuant to section 874.04, Florida Statutes, to have been committed for the

In Re Amendments to the Florida Rules of Criminal Procedure

Court: Fla. | Date Filed: 2009-11-19T00:00:00-08:00

Citation: 26 So. 3d 534

Snippet: an offense that was found, pursuant to section 874.04, Florida Statutes, to have been committed for the

In Re Amendments to Fl. Rules of Crim. Procedure

Court: Fla. | Date Filed: 2008-11-19T23:53:00-08:00

Citation: 998 So. 2d 1128

Snippet: 238, Laws of Florida, section 8 (amending section 874.04, Florida Statutes, to replace the term "criminal…for an offense that is found, pursuant to section 874.04, to have been committed for the purpose of benefiting…interests of a criminal street gang under section 874.04, Florida Statutes, at the time of the commission… an offense that was found, pursuant to section 874.04, Florida Statutes, to have been committed for the

Ariano v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-07-25T00:00:00-07:00

Citation: 961 So. 2d 366

Snippet: multiplied Ariano’s sentence by 1.5 pursuant to sections 874.04 and 921.0024(l)(b)2.b, Florida Statutes (2004).1,2… resentencing without enhancement under section 874.04, Florida Statutes (2004). Reversed and Remanded…Instructions. STEVENSON and TAYLOR, JJ„ concur. . § 874.04, Fla. Stat. (2004), states: Upon a finding by the…of a criminal street gang as prohibited under s. 874.04, the subtotal sentence points are multiplied by

Amendments to Florida Rules of Criminal Procedure 3.704 & 3.992

Court: Fla. | Date Filed: 2001-09-26T00:00:00-07:00

Citation: 810 So. 2d 826

Snippet: section 2, Laws of Florida, which amends section 874.04 and section 921.0024(l)(b), Florida Statutes (2000…criminal street gang pursuant — founder section 874.04, Florida Statutes, at the time of the commission…of Appeal, Fifth District, and held that section 874.04, Florida Statutes (Supp.1996), which provided enhanced

Kanjanabout v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-08-16T00:00:00-07:00

Citation: 764 So. 2d 918

Snippet: enhancement of Kanjanabout’s sentence under section 874.04, Florida Statutes (1997), known as the Criminal…resentencing without the enhancement under section 874.04. Affirmed in part and reversed in part. BARFIELD

State v. R.D.P.

Court: Fla. | Date Filed: 2000-01-06T00:00:00-08:00

Citation: 752 So. 2d 560

Snippet: jurisdiction. See art. V, § 3(b)(1), Fla. Const. Section 874.04 allows trial courts to enhance the degree of crime

Amendment to Florida Rule of Criminal Procedure 3.704(d)(23)

Court: Fla. | Date Filed: 1999-12-09T00:00:00-08:00

Citation: 763 So. 2d 997

Snippet: member of a criminal street gang pursuant to section 874.04, Florida Statutes, at the time of the commission

S.S. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-24T00:00:00-08:00

Citation: 744 So. 2d 600

Snippet: S.S. was a street gang member pursuant to section 874.04, Florida Statutes (Supp.1996). However, this statute

SS v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-23T23:53:00-08:00

Citation: 744 So. 2d 600

Snippet: S.S. was a street gang member pursuant to section 874.04, Florida Statutes (Supp.1996). However, this statute

Rolon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-11-05T00:00:00-08:00

Citation: 745 So. 2d 442

Snippet: Street Gang Prevention Act of 1996 (the Act). See § 874.04, Fla. Stat. (1997). After the instant appeal was… §§ 777.04, 782.04(2), Fla. Stat. (1997). . § 874.04, Fla. Stat. (1997). No. 98-440 District

Haynecz v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-10-20T00:00:00-07:00

Citation: 744 So. 2d 545

Snippet: the Criminal Street Gang Prevention Act, section 874.04, Florida Statutes (1997). The Florida Supreme Court… Court has recently declared section 874.04 violates substantive due process, thereby rendering it unconstitutional…enhanced the defendant’s sentences pursuant to section 874.04, we reverse and remand for re-sentencing. AFFIRMED

State v. OC

Court: Fla. | Date Filed: 1999-09-16T00:53:00-07:00

Citation: 748 So. 2d 945

Snippet: pursuant to section 874.04. O.C. opposed the State's motion, asserting that section 874.04 is unconstitutional…So.2d 839 (Fla. 5th DCA 1998), declaring section 874.04, Florida Statutes (Supp.1996), unconstitutional…O.C.'s constitutional challenge to section 874.04, found O.C. to be a criminal street gang member… felonies pursuant to the provisions of section 874.04. The court then sentenced O.C. based on the enhanced…a member of a "criminal street gang": 874.04 Criminal street gang activity; enhanced penalties

State v. O.C.

Court: Fla. | Date Filed: 1999-09-16T00:00:00-07:00

Citation: 748 So. 2d 945

Snippet: pursuant to section 874.04. O.C. opposed the State’s motion, asserting that section 874.04 is unconstitutional…So.2d 839 (Fla. 5th DCA 1998), declaring section 874.04, Florida Statutes (Supp.1996), unconstitutional…denied O.C.’s constitutional challenge to section 874.04, found O.C. to be a criminal street gang member… felonies pursuant to the provisions of section 874.04. The court then sentenced O.C. based on the enhanced…defendant who is a member of a “criminal street gang”: 874.04 Criminal street gang activity; enhanced penalties