Florida/Georgia Personal Injury & Workers Compensation

...p of boys who like the same rap artist. The probation officer testified: • E.A.R. is "truly a flight risk"; • It was speculative whether E.A.R. was a member of "the Cripps" gang and whether he formed — pursuant to the legal definition provided in section 874.03, Florida Statutes (2007) — a criminal street gang named "Crazy White Boys" or CWB, but then reversed course and claimed that "no, no, no ......

...ness level of the commitment program against the rehabilitative needs of E.A.R. to justify the imposition of a high-risk commitment. At a later hearing, held on February 28, 2007, defense counsel asserted that CWB is not a criminal street gang under section 874.03, Florida Statutes (2007), and that the juvenile court had considered bare allegations, rather than evidence, that E.A.R....

...ding of membership in a criminal street gang will have a significant impact on a child's disposition and commitment); (2) the State must supply proper evidence demonstrating that any alleged "criminal street gang" fulfills the definition supplied in section 874.03(1), Florida Statutes (2007); (3) establishing the existence of such an "organization, association, or group" is the first step in proving membership in a criminal street gang (by definition, if the "organization, association, or group"...

...on 985.433(6)(a), Florida Statutes (2007) (emphasis supplied); and (5) there is a meaningful statutory distinction between a "criminal street gang member" under section 847.03(2), Florida Statutes (2007), and a "criminal street gang associate" under section 874.03(4)(a), Florida Statutes (2007) (i.e., section 985.433(7), Florida Statutes (2007) — the statute addressing juvenile disposition hearings — simply does not address "criminal street gang associates")....

...ho like the same rap artist. The probation officer testified: • E.A.R. is “truly a flight risk”; • It was speculative whether E.A.R. was a member of “the Cripps” gang and whether he formed — pursuant to the legal definition provided in section 874.03, Florida Statutes (2007) — a criminal street gang named “Crazy White Boys” or CWB, but then reversed course and claimed that “no, no, no ......

...ness level of the commitment program against the rehabilitative needs of E.A.R. to justify the imposition of a high-risk commitment. At a later hearing, held on February 28, 2007, defense counsel asserted that CWB is not a criminal street gang under section 874.03, Florida Statutes (2007), and that the juvenile court had considered bare allegations, rather than evidence, that E.A.R....

...of membership in a criminal street gang will have a significant impact on a child’s disposition and commitment); (2) the State must supply proper evidence demonstrating that any alleged "criminal street gang” fulfills the definition supplied in section 874.03(1), Florida Statutes (2007); (3) establishing the existence of such an "organization, association, or group" is the first step in proving membership in a criminal street gang (by definition, if the "organization, association, or group"...

....433(6)(a), Florida Statutes (2007) (emphasis supplied); and (5) there is a meaningful statutory distinction between a "criminal street gang member” under section 847.03(2), Florida Statutes (2007), and a “criminal street gang associate” under section 874.03(4)(a), Florida Statutes (2007) (i.e., section 985.433(7), Florida Statutes (2007) — the statute addressing juvenile disposition hearings — simply does not address “criminal street gang associates")....

...The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim. With the following aggravating factor, definitions as appropriate from § 874.03, Fla....

...(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. § 874.04 (emphasis supplied). A "criminal street gang" is broadly defined in section 874.03 as 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 and have two or more members who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity. [2] § 874.03(1)....

...ge to the statute based on First Amendment grounds. Accordingly, we affirm the decision of the Fifth District for the reasons stated in this opinion. It is so ordered. HARDING, C.J., and SHAW, WELLS, ANSTEAD, LEWIS and QUINCE, JJ., concur. NOTES [1] Section 874.03(2), Florida Statute (Supp....

...th usual criminal street gang activity. (g) Is identified as a criminal street gang member by physical evidence such as photographs or other documentation. (h) Has been stopped in the company of known criminal street gang members four or more times. § 874.03(2)(a)-(h). [2] According to subsection 874.03(3), a "pattern of criminal street gang activity means": [T]he commission or attempted commission of, or solicitation or conspiracy to commit, two or more felony or three or more misdemeanor offenses, or one felony and two misdemeanor o...

...articularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim. (n) The capital felony was committed by a criminal gang member, as defined in [Fla. Stat. §] 874.03. (o) The capital felony was committed by a person designated as a sexual predator pursuant to [Fla....

“criminal street gang” is broadly defined in section 874.03 as a formal or informal ongoing organization

...Taylor, Assistant Attorney General, Tampa, for Appellee. PARKER, Acting Chief Judge. The state charged S.P. with throwing a deadly missile at or into an occupied vehicle and battery and also filed a Motion to Declare the Child a Gang Member. S.P. filed a Motion to Determine F.S. 874.03 and 874.04 Unconstitutional....

...onality of the statutes and the finding that he was a gang member. The trial court adjudicated him delinquent and recommitted him to the custody of the Department of Juvenile Justice. S.P. has filed an appeal, challenging the application of sections 874.03 and .04, Florida Statutes (1993), to him, the constitutionality of these statutes, the trial court's finding that he was a gang member, and the disposition of his case....

...The first inquiry is whether S.P. comes within the purview of chapter 874, Florida Statutes (1993). Section 874.04, Florida Statutes (1993), enhances the penalty for any felony or violent misdemeanor if its commission is part of a pattern of youth and street gang activity. Section 874.03(3), Florida Statutes (1993), provides as follows: "`Pattern of youth and street gang activity' means the commission, attempted commission, or solicitation, by any member or members of a youth and street gang, of two or more felony or v...

...od, for the purpose of furthering gang activity." S.P. does not fall within the purview of this definition because he was adjudicated delinquent for committing delinquent acts, not for a felony or violent misdemeanor. In 1994 the legislature amended section 874.03(3) to include "two or more delinquent acts or violations of law which would be felonies or violent misdemeanors if committed by an adult." The legislature also amended section 874.04 to provide for a penalty enhancement for "any delinq...

...Thus, the court erred in declaring S.P. a gang member. Accordingly, we strike the Order Declaring Child a Gang Member. Because of our holding on this issue, we conclude that it is unnecessary for us to review the trial court's ruling that sections 874.03 and .04 are constitutional....

...’s argument that the defendants were not a RICO “enterprise.” Under Florida RICO, an “enterprise” is defined as: [A]ny individual ... or group of individuals associated in fact although not a legal entity.... A criminal gang, as defined in s. 874.03, constitutes an enterprise....

...planned and committed in a similar fashion supported the state’s contention that they were part of the same “enterprise” for RICO purposes. For the foregoing reasons, we affirm the conviction and sentences. STEVENSON and TAYLOR, JJ., concur. . Section 874.03(1), Florida Statutes (2008), defines a "criminal gang” as "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...

..." Section 985.23(3)(b) provides, "If the court has determined that the child was a member of a criminal street gang, that determination shall be given great weight in identifying the most appropriate restrictiveness level for the child." Pursuant to section 874.03(2), Florida Statutes (2005), a "criminal street gang member" is defined as follows: [A] person who is a member of a criminal street gang as defined in subsection (1) and who meets two or more of the following criteria: (a) Admits to criminal street gang membership....

...s a member of a criminal street gang at the time of the commission of the offense, which determination shall be made pursuant to chapter 874, the seriousness of the offense to the community shall be given great weight." (Emphasis added). Pursuant to section 874.03(2), Florida Statutes (2005), a "criminal street gang member" is defined as: [A] person who is a member of a criminal street gang as defined in subsection (1) and who meets two or more of the following criteria: (a) Admits to criminal street gang membership....

...Clemons, 770 So.2d 197, 200 (Fla. 2d DCA 2000). Therefore, criterion (d) is applicable, and not criterion (g). [3] We also note that the State failed to introduce any evidence that the "Weedside Boys" is a "criminal street gang" pursuant to the definition provided by section 874.03(1), Florida Statutes (2005)....

...it provides definitions for "criminal street gang" and "criminal street gang member." Specifically, a criminal street gang is a group of three or more persons "that has as one of its primary activities the commission of criminal or delinquent acts." § 874.03(1), Fla. Stat. (1997). A criminal street gang member is one "who is a member of a criminal street gang as defined in subsection (1)" and who meets at least two of the eight listed criteria. § 874.03(2), Fla....

...is a member of a criminal street gang and remand for resentencing. In all other respects, we affirm. S.L. was charged with one count of disruption of a school function and one count of resisting an officer with violence. The State filed a motion to declare S.L. a criminal street gang member pursuant to section 874.03, Florida Statutes (Supp.1994)....

...on to Loyd and Kistner. We reverse the trial court's determination that S.L. is a member of a criminal street gang because the evidence, taken in the light most favorable to the State, does not demonstrate a pattern of criminal street gang activity. Section 874.03(2), Florida Statutes (Supp....

...was arrested he had Latin Lord graffiti in his bookbag. The officers also testified S.L. was seen in the company of other admitted gang members. Based on this evidence, the trial court found that S.L. meets at least two of the enumerated criteria of section 874.03(2)....

...Each of the findings required as a basis for such sentence shall be found by a preponderance of the evidence. The enhancement will be as follows: * * * * * * (2)(a) A felony of the third degree may be punished as if it were a felony of the second degree. § 874.04, Fla. Stat. (Supp.1996). Section 874.03, the definition section of the statute, defines a "criminal street gang" as an organization or group of three or more persons who have a common name or identifying signs colors or symbols, and have two or more members who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity. § 874.03(1), Fla....

...barrel shotgun and grand theft auto. At least three of the arrests had occurred within the past year. The trial court denied O.C.'s constitutional challenge to the statute. The court found UMC to be a criminal street gang as that term is defined in section 874.03(1), that O.C....

...The trial court was concerned that the tattoos were indicative of gang membership. The report from the Department of Juvenile Justice disclosed an extensive criminal history and ties to South Florida gangs. The legislature has recognized that certain tattoos can be indicative of criminal street gang membership. *835 See § 874.03(2)(d), Fla....

...ction 985.23(3)(b) provides, “If the court has determined that the child was a member of a criminal street gang, that determination shall be given great weight in identifying the most appropriate restrictiveness level for the child.” Pursuant to section 874.03(2), Florida Statutes (2005), a “criminal street gang member” is defined as follows: [A] person who is a member of a criminal street gang as defined in subsection (1) and who meets two or more of the following criteria: (a) Admits to criminal street gang membership....

...Santiago's convictions for racketeering and conspiracy to commit racketeering and remand for further proceedings. [1] In January 2007, the State charged Mr. Santiago and seven other men with racketeering offenses for their involvement in a "criminal street gang," as defined under section 874.03(1), Florida Statutes (2006)....

...Each of the findings required as a basis for such sentence shall be found by a preponderance of the evidence. The enhancement will be as follows: * * Hi * Hi * (2)(a) A felony of the third degree may be punished as if it were a felony of the second degree. § 874.04, Fla. Stat. (Supp.1996). Section 874.03, the definition section of the statute, defines a “criminal street gang” as an organization or group of three or more persons who have a common name or identifying signs colors or symbols, and have two or more members who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity. § 874.03(1), Fla....

...arrel shotgun and grand theft auto. At least three of the arrests had occurred within the past year. The trial court denied O.C.’s constitutional challenge to the statute. The court found UMC to be a criminal street gang as that term is defined in section 874.03(1), that O.C....

PARKER, Acting Chief Judge. The state charged S.P. with throwing a deadly missile at or into an occupied vehicle and battery and also filed a Motion to Declare the Child a Gang Member. S.P. filed a Motion to Determine F.S. 874.03 and 874.04 Unconstitutional....

...onality of the statutes and the finding that he was a gang member. The trial court adjudicated him delinquent and recommitted him to the custody of the Department of Juvenile Justice. S.P. has filed an appeal, challenging the application of sections 874.03 and .04, Florida Statutes (1993), to him, the constitutionality of these statutes, the trial court’s finding that he was a gang member, and the disposition of his case....

...The first inquiry is whether S.P. comes within the purview of chapter 874, Florida Statutes (1993). Section 874.04, Florida Statutes (1993), enhances the penalty for any felony or violent misdemeanor if its commission is part of a pattern of youth and street gang activity. Section 874.03(3), Florida Statutes (1993), provides as follows: “ ‘Pattern of youth and street gang activity' means the commission, attempted commission, or solicitation, by any member or members of a youth and street gang, of two or more felony...

..., for the purpose of furthering gang activity.” S.P. does not fall within the purview of this definition because he was adjudicated delinquent for committing delinquent acts, not for a felony or violent misdemeanor. In 1994 the legislature amended section 874.03(3) to include “two or more delinquent acts or violations of law which would be felonies or violent misdemeanors if committed by an adult.” The legislature also amended section 874.04 to provide for a penalty enhancement for “any...

...Thus, the court erred in declaring S.P. a gang member. Accordingly, we strike the Order Declaring Child a Gang Member. Because of our holding on this issue, we conclude that it is unnecessary for us to review the trial court’s ruling that sections 874.03 and .04 are constitutional....

...(Decedent) was particularly vulnerable due to advanced age or disability, or because (defendant) stood in a position of familial or custodial authority over (decedent). With the following aggravating factor, definitions as appropriate from § 874.03, Fla....

...The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim. Note to Judge With the following aggravating factor, definitions as appropriate from F.S. 874.03 must be given....

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

...§ 874.08(1). “[P]rimary 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. § 874.03(l)(b)....

...(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. § 874.03(3). “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). § 874.03(2)....

...Stat.] and includes, but is not limited to, photographs, video, telephone communications, text messages, facsimile, electronic mail messages as defined in s. 668.602[ (7), Fla. Stat.], and instant message real-time communications with other individuals through the Internet or other means. § 874.03(5)....

...ndition of membership or continued membership. Indeed, under Florida’s broad statutory definitions of “criminal gang” and “criminal gang member,” a person can join or associate with such a group without any actual intent to commit a crime. § 874.03(1), (3)....

...The *358 Legislature defines “criminal gang” as a group that commits criminal or delinquent acts as one of its primary activities, although significantly, crime “need not be the only, or even the most important, activity in which the gang engages.” § 874.03(l)(b) (emphasis added). “Criminal gang member” is very broadly defined. § 874.03(3)....

...r the person (1) knows the gang “has as one of its primary activities the commission of criminal or delinquent acts” and “spends a substantial amount of time engaged in such activity,” or (2) has the intent to further such illegal interests. § 874.03(1)....

...Section 87Jp.ll: The “Electronic Communication” Statute The State contends that section 874.11 does not criminalize innocent conduct because the electronic communication must be for the purpose of benefiting, promoting, or furthering the interests of a “criminal gang.” § 874.03(1)(b)....

...primary activities and the gang spends a substantial amount of time engaged in such punishable activity, the commission of criminal or delinquent acts “need not be the only, or even the most important, activity in which a criminal gang engages.” § 874.03(1)(b)....

...AFFIRMED in part and REVERSED in part. BENTON, C.J., and ROBERTS, J., concur. . For example, a person could meet the statutory definition of a "criminal gang member” by simply adopting the style of dress of a criminal gang and using a hand sign identified as used by a criminal gang. § 874.03(3), Fla....

...1 , 2 We find that the court erred in enhancing Ariano’s sentence because its determination that Ariano was a member of a criminal street gang was not supported by evidence demonstrating that the gang engaged in a pattern of criminal street gang activity. Section 874.03(2), Florida Statutes (2004), defines a “criminal street gang member” as one who is a member of a criminal street gang and who meets at least two of the following criteria: (a) admits to gang membership; (b) is a youth under the age...

...l evidence such as photographs or other documentation; (h) has been stopped in the company of known gang members four or more times. A “criminal street gang” is one that, among other things, engages in a pattern of criminal street gang activity. § 874.03(1), Fla....

...ore misdemeanor offenses, or one felony and two misdemeanor offenses, or the comparable number of delinquent acts or violations of law which would be felonies or misdemeanors if committed by an adult, on separate occasions within a 3-year period.” § 874.03(3), Fla....

...attoo and evidence that Ariano was part of a crowd or mob of fifteen people attacking the victim while telling him not to disrupt SUR 13 activities. From this evidence, the trial court found that Ariano met at least two of the enumerated criteria of section 874.03(2), Florida Statutes (2004). However, the trial court made no finding concerning a pattern of criminal street gang activity. Moreover, the State did not prove that SUR 13 had committed or attempted to commit the requisite number of crimes. See § 874.03(1), (3), Fla....

...with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity. . . . A criminal street gang falls with the statutory definition of an “enterprise.” See § 895.02(3), Fla. Stat. (2007). Section 874.03, Florida Statutes (2007), defines a “[c]riminal gang” as: a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission...

...Moreover, the Legislature clearly intended to include within the ambit of section 895.02, Florida Statutes (2007), juvenile delinquent acts committed by criminal gang members, as in 2007 it defined a “criminal street gang” as group whose primary activities were “the commission of criminal or delinquent acts[.]” § 874.03, Fla....

...member of a criminal street gang at the time of the commission of the offense, which, determination shall be made pursuant to chapter 87k, the seriousness of the offense to the community shall be given great weight.” (Emphasis added). Pursuant to section 874.03(2), Florida Statutes (2005), a “criminal street gang member” is defined as: [A] person who is a member of a criminal street gang as defined in subsection (1) and who meets two or more of the following criteria: (a) Admits to criminal street gang membership....

...Clemons, 770 So.2d 197, 200 (Fla. 2d DCA 2000). Therefore, criterion (d) is applicable, and not criterion (g). . We also note that the State failed to introduce any evidence that the "Weedside Boys” is a “criminal street gang” pursuant to the definition provided by section 874.03(1), Florida Statutes (2005)....

was a member of a criminal street gang under section 874.03, Florida Statutes (Supp.1996), a necessary

the commission of criminal or delinquent acts.” § 874.03(1), Fla. Stat. (1997). A criminal street gang

...The trial court was concerned that the tattoos were indicative of gang membership. The report from the Department of Juvenile Justice disclosed an extensive criminal history and ties to South Florida gangs. The legislature has recognized that certain tattoos can be indicative of criminal street gang membership. *835 See § 874.03(2)(d), Fla....

...1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person can be employed or associated with his own sole proprietorship. However, the Second District Court of Appeal disagreed in Masonoff v. State, 546 So. 2d 72 (Fla. 2d DCA 1989). A criminal gang, as defined in § 874.03, Fla....

...1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person can be employed or associated with his own sole proprietorship. However, the Second District Court of Appeal disagreed in Masonoff v. State, 546 So. 2d 72 (Fla. 2d DCA 1989). A criminal gang, as defined in § 874.03, Fla....

...1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person can be employed or associated with his own sole proprietorship. However, the Second District Court of Appeal disagreed in Masonoff v. State, 546 So. 2d 72 (Fla. 2d DCA 1989). A criminal gang, as defined in § 874.03, Fla....

...1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person can be employed or associated with his own sole proprietorship. However, the Second District Court of Appeal disagreed in Masonoff v. State, 546 So. 2d 72 (Fla. 2d DCA 1989). A criminal gang, as defined in § 874.03, Fla....

...1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person can be employed or associated with his own sole proprietorship. However, the Second District Court of Appeal disagreed in Masonoff v. State, 546 So. 2d 72 (Fla. 2d DCA 1989). A criminal gang, as defined in § 874.03, Fla....

...1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person can be employed or associated with his own sole proprietorship. However, the Second District Court of Appeal disagreed in Masonoff v. State, 546 So. 2d 72 (Fla. 2d DCA 1989). A criminal gang, as defined in § 874.03, Fla....

...1st DCA 1982), the First District Court of Appeal held that for purposes of § 895.03(2), Fla. Stat., a person can be employed or associated with his own sole proprietorship. However, the Second District Court of Appeal disagreed in Masonoff v. State, 546 So. 2d 72 (Fla. 2d DCA 1989). A criminal gang, as defined in § 874.03, Fla....

...The victim of the capital felony was particularly vulnerable due to advanced age or disability, or because the defendant stood in a position of familial or custodial authority over the victim. With the following aggravating factor, definitions as appropriate from § 874.03, Fla....

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

a criminal street gang member pursuant to section 874.03, Florida Statutes (Supp.1994). This motion