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Florida Statute 874.02 - Full Text and Legal Analysis
Florida Statute 874.02 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 874
CRIMINAL GANG ENFORCEMENT AND PREVENTION
View Entire Chapter
874.02 Legislative findings and intent.
(1) The Legislature finds that it is the right of every person, regardless of race, color, creed, religion, national origin, sex, age, sexual orientation, or handicap, to be secure and protected from fear, intimidation, and physical harm caused by the activities of criminal gangs and their members. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The Legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to lawfully associate with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process.
(2) The Legislature finds, however, that the state is facing a mounting crisis caused by criminal gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes. These criminal gang activities, both individually and collectively, present a clear and present danger. Street gangs, terrorist organizations, and hate groups have evolved into increasingly sophisticated and complex organized crime groups in their criminal tactics, schemes, and brutality. The state has a compelling interest in preventing criminal gang activity and halting the real and present danger posed by the proliferation of criminal gangs and the graduation from more primitive forms of criminal gangs to highly sophisticated criminal gangs. For these reasons, the Legislature finds that the provisions of this chapter are essential to maintain public order and safety.
(3) It is the intent of the Legislature to outlaw certain conduct associated with the existence and proliferation of criminal gangs, provide enhanced criminal penalties, and eliminate the patterns, profits, proceeds, instrumentalities, and property facilitating criminal gang activity, including criminal gang recruitment.
(4) The Legislature finds that the timely reporting and exchange of criminal gang information facilitates the ability of law enforcement agencies to monitor and anticipate criminal activities of gangs and their members. Additionally, the timely and standardized reporting of such criminal gang information supports the identification of gang members via the criminal justice information system and directly contributes to law enforcement officers’ safety. For these reasons, it is the intent of the Legislature to encourage state and local law enforcement agencies to facilitate the exchange of crime data information through the statewide criminal gang database as provided in s. 874.09.
History.s. 1, ch. 90-207; s. 74, ch. 94-209; s. 56, ch. 95-267; s. 35, ch. 96-388; s. 6, ch. 2008-238.

F.S. 874.02 on Google Scholar

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Amendments to 874.02


Annotations, Discussions, Cases:

Cases Citing Statute 874.02

Total Results: 5  |  Sort by: Relevance  |  Newest First

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United States v. Damon Amedeo, 487 F.3d 823 (11th Cir. 2007).

Cited 513 times | Published | Court of Appeals for the Eleventh Circuit

court did not violate our mandate. C. 18 U.S.C. § 874.2(g) Amedeo also argues that the district court
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United States v. Mauricio Grinard-Henry, 399 F.3d 1294 (11th Cir. 2005).

Cited 342 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 2251, 2005 WL 327265

author *1296 ized by 18 U.S.C. § 874.2(b), the defendant is released from this waiver
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SP v. State, 664 So. 2d 1064 (Fla. 2d DCA 1995).

Cited 3 times | Published | Florida 2nd District Court of Appeal

...Chapter 874, Florida Statutes (1993), contains the Street Terrorism Enforcement and Prevention Act of 1990. This act provides for enhanced penalties for crimes committed as part of a pattern of youth and street gang activity in an effort "to eradicate the terror" which gangs create. § 874.02(3), Fla....
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S.P. v. State, 664 So. 2d 1064 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 12611

...Chapter 874, Florida Statutes (1993), contains the Street Terrorism Enforcement and Prevention Act of 1990. This act provides for enhanced penalties for crimes committed as part of a pattern of youth and street gang activity in an effort “to eradicate the terror” which gangs create. § 874.02(3), Fla.Stat....
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Enoch v. State, 95 So. 3d 344 (Fla. 1st DCA 2012).

Published | Florida 1st District Court of Appeal | 2012 WL 3047313, 2012 Fla. App. LEXIS 12275

...The crisis caused by criminal gangs’ proliferation, increasing sophistication, possession of dangerous weapons, and systematic illegal activities against other gangs and against peaceful citizens is well-known and widely documented in legislative findings, statements of intent, and secondary legal authorities. See, e.g., § 874.02(2)-(3), Fla....
...on to promote criminal gang interests, the Florida Legislature has attempted to strike a proper balance between protecting fundamental rights and using legitimate governmental police powers to fight the scourge of gang-related criminal activity. See § 874.02(1), Fla. Stat. (2009) (“The Legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, [and] to lawfully associate with others who share similar beliefs -”); § 874.02(2) (acknowledging “a mounting crisis caused by criminal gangs whose members threaten and terrorize peaceful citizens and commit a multitude of crimes”). Section 874.02(3) evinces a clear intent “to outlaw certain conduct associated with the existence and proliferation of criminal gangs,” including recruitment and the instrumentalities used to facilitate illegal activity by criminal gangs. The Legislature is committed to protecting the public from the illegal activities of gangs, which have evolved into “increasingly sophisticated and complex organized crime groups in their criminal tactics, schemes, and brutality.” § 874.02(2)....
...readily susceptible’ to a narrowing construction.” Virginia v. Am. Booksellers Ass’n, 484 U.S. 383, 397 , 108 S.Ct. 636 , 98 L.Ed.2d 782 (1988). This reading also depends in substantial measure on the Legislature’s express acknowledgment in section 874.02(1) of its intent to protect the constitutional rights of freedom of expression and association....
...In fashioning a law that would avoid overbreadth problems, the Legislature sought to craft statutory language balancing the compelling governmental interest in curbing criminal gangs’ illegal activities with the need to respect and protect permitted speech and expressive conduct. § 874.02(1)-(2)....
...The Legislature has narrowly tailored this law to effect its intended purpose to promote public safety and prevent crime without impermissibly intruding upon the rights of law-abiding persons or, for that matter, the discrete lawful activities of gang members. See § 874.02(1)....
...The Florida Legislature has clearly enunciated the need to protect the public welfare by curbing criminal gang activity and eliminating the acute dangers presented by the phenomenal numerical growth, geographical expansion, and operational sophistication of gangs that commit crime as one of their primary activities. See § 874.02(3)....

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