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: District Court of Appeal of Florida | Date Filed: 2022-11-09

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: Supreme Court of Florida | Date Filed: 2018-10-04

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: Supreme Court of Florida | Date Filed: 2018-07-19

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

Graves v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-06-06

Citation: 248 So. 3d 1238

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: Supreme Court of Florida | Date Filed: 2016-02-18

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: Supreme Court of Florida | Date Filed: 2016-01-21

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: Supreme Court of Florida | Date Filed: 2015-10-29

Citation: 188 So. 3d 764, 40 Fla. L. Weekly Supp. 594, 2015 Fla. LEXIS 2949, 2015 WL 10490032

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: Supreme Court of Florida | Date Filed: 2009-11-19

Citation: 26 So. 3d 534, 34 Fla. L. Weekly Supp. 629, 2009 Fla. LEXIS 1948

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: Supreme Court of Florida | Date Filed: 2008-11-20

Citation: 998 So. 2d 1128, 33 Fla. L. Weekly Supp. 915, 2008 Fla. LEXIS 2207, 2008 WL 4950074

Snippet: 2008-238, Laws of Florida, section 8 (amending section 874.04, Florida Statutes, to replace the term "criminal

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: multiplied Ariano’s sentence by 1.5 pursuant to sections 874.04 and 921.0024(l)(b)2.b, Florida Statutes (2004)

Amendments to Florida Rules of Criminal Procedure 3.704 & 3.992

Court: Supreme Court of Florida | Date Filed: 2001-09-26

Citation: 810 So. 2d 826, 26 Fla. L. Weekly Supp. 626, 2001 Fla. LEXIS 1929, 2001 WL 1130811

Snippet: section 2, Laws of Florida, which amends section 874.04 and section 921.0024(l)(b), Florida Statutes (2000)

Kanjanabout v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-08-16

Citation: 764 So. 2d 918, 2000 Fla. App. LEXIS 10320, 2000 WL 1152543

Snippet: enhancement of Kanjanabout’s sentence under section 874.04, Florida Statutes (1997), known as the Criminal

State v. R.D.P.

Court: Supreme Court of Florida | Date Filed: 2000-01-06

Citation: 752 So. 2d 560, 25 Fla. L. Weekly Supp. 30, 2000 Fla. LEXIS 7, 2000 WL 5006

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: Supreme Court of Florida | Date Filed: 1999-12-09

Citation: 763 So. 2d 997, 24 Fla. L. Weekly Supp. 570, 1999 Fla. LEXIS 2166, 1999 WL 1132900

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: District Court of Appeal of Florida | Date Filed: 1999-11-24

Citation: 744 So. 2d 600, 1999 Fla. App. LEXIS 15610

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

SS v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-11-24

Citation: 744 So. 2d 600, 1999 WL 1062464

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

Rolon v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-11-05

Citation: 745 So. 2d 442, 1999 Fla. App. LEXIS 14732, 1999 WL 999797

Snippet: Street Gang Prevention Act of 1996 (the Act). See § 874.04, Fla. Stat. (1997). After the instant appeal was

Haynecz v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-10-20

Citation: 744 So. 2d 545, 1999 Fla. App. LEXIS 13749, 1999 WL 966733

Snippet: the Criminal Street Gang Prevention Act, section 874.04, Florida Statutes (1997). The Florida Supreme Court

State v. O.C.

Court: Supreme Court of Florida | Date Filed: 1999-09-16

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

Snippet: So.2d 839 (Fla. 5th DCA 1998), declaring section 874.04, Florida Statutes (Supp.1996), unconstitutional

State v. OC

Court: Supreme Court of Florida | Date Filed: 1999-09-16

Citation: 748 So. 2d 945, 1999 WL 731661

Snippet: So.2d 839 (Fla. 5th DCA 1998), declaring section 874.04, Florida Statutes (Supp.1996), unconstitutional