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Florida Statute 874.04 | Lawyer Caselaw & Research
F.S. 874.04 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 874.04

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 874
CRIMINAL GANG ENFORCEMENT AND PREVENTION
View Entire Chapter
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.
(c) A felony of the first degree may be punished as if it were a life felony.

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.

F.S. 874.04 on Google Scholar

F.S. 874.04 on Casetext

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 from cite.case.law:

IN RE AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE- REGULAR- CYCLE REPORT., 265 So. 3d 494 (Fla. 2018)

. . . Criminal Gang Activity ___ The felony conviction is for an offense that was found, pursuant to section 874.04 . . .

GRAVES, v. STATE, 248 So. 3d 1238 (Fla. App. Ct. 2018)

. . . See, e.g., § 874.04, Fla. . . .

In AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, 188 So. 3d 764 (Fla. 2015)

. . . Criminal Gang Activity The felony conviction is for an offense that was found, pursuant to section 874.04 . . .

UNITED STATES v. DAVIS, 65 F. Supp. 3d 1352 (M.D. Fla. 2014)

. . . 810.14, s 847.011, s. 847.013, s. 847.0135, or s. 877.26, or an offense that was found, pursuant to s. 874.04 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 26 So. 3d 534 (Fla. 2009)

. . . Criminal Gang Activity __ The felony conviction is for an offense that was found, pursuant to section 874.04 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CRIMINAL PROCEDURE, 998 So. 2d 1128 (Fla. 2008)

. . . The change is in response to chapter 2008-238, Laws of Florida, section 8 (amending section 874.04, Florida . . . Sentencing, adds a provision for felony convictions for an offense that is found, pursuant to section 874.04 . . . purpose of benefiting, promoting, or furthering the interests of a criminal street gang under section 874.04 . . . Criminal Gang Activity _ The felony conviction is for an offense that was found, pursuant to section 874.04 . . .

ARIANO, v. STATE, 961 So. 2d 366 (Fla. Dist. Ct. App. 2007)

. . . applied the criminal street gang enhancer and multiplied Ariano’s sentence by 1.5 pursuant to sections 874.04 . . . therefore reverse the trial court’s finding and remand for resentencing without enhancement under section 874.04 . . . STEVENSON and TAYLOR, JJ„ concur. . § 874.04, Fla. . . . benefiting, promoting, or furthering the interests of a criminal street gang as prohibited under s. 874.04 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE CRIMINAL PUNISHMENT CODE, 810 So. 2d 826 (Fla. 2001)

. . . The change is based on chapter 2001-126, section 2, Laws of Florida, which amends section 874.04 and . . . benefitting, promoting, or furthering the interests of a criminal street gang pursuant — founder section 874.04 . . . O.C., we affirmed the decision of the District Court of Appeal, Fifth District, and held that section 874.04 . . .

KANJANABOUT, v. STATE, 764 So. 2d 918 (Fla. Dist. Ct. App. 2000)

. . . The State concedes error as to the enhancement of Kanjanabout’s sentence under section 874.04, Florida . . . affirm Kanjanabout’s convictions but remand for resentencing without the enhancement under section 874.04 . . .

STATE v. R. D. P. Jr., 752 So. 2d 560 (Fla. 2000)

. . . Section 874.04 allows trial courts to enhance the degree of crime under which the defendant is charged . . .

AMENDMENT TO FLORIDA RULE OF CRIMINAL PROCEDURE d, 763 So. 2d 997 (Fla. 1999)

. . . by 1.5. (22) If the offender is found to be a member of a criminal street gang pursuant to section 874.04 . . .

S. S. a v. STATE, 744 So. 2d 600 (Fla. Dist. Ct. App. 1999)

. . . eventually appointed for trial on the issue of whether S.S. was a street gang member pursuant to section 874.04 . . .

ROLON, v. STATE, 745 So. 2d 442 (Fla. Dist. Ct. App. 1999)

. . . See § 874.04, Fla. Stat. (1997). . . . Stat. (1997). . § 874.04, Fla. Stat. (1997). . . .

HAYNECZ, v. STATE, 744 So. 2d 545 (Fla. Dist. Ct. App. 1999)

. . . trial court improperly enhanced his sentences under the Criminal Street Gang Prevention Act, section 874.04 . . . The Florida Supreme Court has recently declared section 874.04 violates substantive due process, thereby . . . Because the trial court enhanced the defendant’s sentences pursuant to section 874.04, we reverse and . . .

STATE v. O. C. a, 748 So. 2d 945 (Fla. 1999)

. . . State, 722 So.2d 839 (Fla. 5th DCA 1998), declaring section 874.04, Florida Statutes (Supp.1996), unconstitutional . . . O.C. opposed the State’s motion, asserting that section 874.04 is unconstitutional “because it omits . . . After the hearing, the trial court denied O.C.’s constitutional challenge to section 874.04, found O.C . . . See § 874.04(2)(a)-(c). . . . In reaching the conclusion that section 874.04 is unconstitutional, the Fifth District distinguished . . .

R. D. P. Jr. v. STATE, 735 So. 2d 551 (Fla. Dist. Ct. App. 1999)

. . . He contends that his sentences were improperly enhanced pursuant to section 874.04, Florida Statutes . . . issue regarding the taking of judicial notice because we agree with the Fifth District that section 874.04 . . . reverse R.D.P.’s sentences and remand for resentencing without the enhancement provided for in section 874.04 . . .

A. K. v. STATE, 724 So. 2d 660 (Fla. Dist. Ct. App. 1999)

. . . See § 874.04, Fla. Stat. (Supp.1996). . . . Statutes (Supp.1996), a necessary prerequisite to application of the enhancement provisions of section 874.04 . . .

O. C. A v. STATE, 722 So. 2d 839 (Fla. Dist. Ct. App. 1998)

. . . motion to have O.C. declared a gang member for disposition enhancement purposes pursuant to section 874.04 . . . O.C. moved to dismiss the enhancement request asserting that section 874.04 is unconstitutional because . . . for enhanced criminal penalties for a convicted defendant who is a member of a criminal street gang: 874.04 . . . (2)(a) A felony of the third degree may be punished as if it were a felony of the second degree. § 874.04 . . . Prior to the 1996 amendment to Florida’s act, section 874.04 authorized enhancement where the defendant . . .

In ADOPTION OF FLORIDA RULES OF CRIMINAL PROCEDURE AND TO IMPLEMENT THE FLORIDA CRIMINAL PUNISHMENT CODE, 721 So. 2d 265 (Fla. 1998)

. . . by 1.5. (22) If the offender is found to be a member of a criminal street gang pursuant to section 874.04 . . .

S. L. a v. STATE, 708 So. 2d 1006 (Fla. Dist. Ct. App. 1998)

. . . therefore reverse the trial court’s finding and remand for resentencing without enhancement under section 874.04 . . .

AMENDMENTS TO FLORIDA RULES OF CRIMINAL PROCEDURE, RE SENTENCING GUIDELINES, 696 So. 2d 1171 (Fla. 1997)

. . . through (23).] (24) If the offender is found to be a member of a criminal street gang pursuant to section 874.04 . . .

S. P. a v. STATE, 664 So. 2d 1064 (Fla. Dist. Ct. App. 1995)

. . . S.P. filed a Motion to Determine F.S. 874.03 and 874.04 Unconstitutional. . . . Section 874.04, Florida Statutes (1993), enhances the penalty for any felony or violent misdemeanor if . . . The legislature also amended section 874.04 to provide for a penalty enhancement for “any delinquent . . .