Florida Statute 874.4 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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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F.S. 874.04 on CourtListener

Amendments to 874.04

Annotations, Discussions, Cases:

Cases Citing Statute 874.04

Total Results: 30

State v. OC

748 So. 2d 945, 1999 WL 731661

Supreme Court of Florida | Filed: Sep 16, 1999 | Docket: 1504975

Cited 8 times | Published

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

In Re Amendments to the Florida Rules of Criminal Procedure

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

Supreme Court of Florida | Filed: Nov 19, 2009 | Docket: 1117422

Cited 7 times | Published

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

SS v. State

744 So. 2d 600, 1999 WL 1062464

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 537684

Cited 3 times | Published

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

State v. O.C.

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

Supreme Court of Florida | Filed: Sep 16, 1999 | Docket: 64794006

Cited 3 times | Published

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

SP v. State

664 So. 2d 1064

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 1655901

Cited 3 times | Published

purview of chapter 874, Florida Statutes (1993). Section 874.04, Florida Statutes (1993), enhances the penalty

SL v. State

708 So. 2d 1006, 1998 WL 145318

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 542237

Cited 2 times | Published

for resentencing without enhancement under section 874.04, Florida Statutes (Supp.1994). DANAHY, A.C

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

265 So. 3d 494

Supreme Court of Florida | Filed: Oct 4, 2018 | Docket: 7982207

Cited 1 times | Published

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

In Re Amendments to Fl. Rules of Crim. Procedure

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

Supreme Court of Florida | Filed: Nov 20, 2008 | Docket: 2541859

Cited 1 times | Published

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

OC v. State

722 So. 2d 839, 1998 WL 769791

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 1669168

Cited 1 times | Published

disposition enhancement purposes pursuant to section 874.04, Florida Statutes. O.C. moved to dismiss the

In re Adoption of Florida Rules of Criminal Procedure 3.704 & 3.992 to Implement the Florida Criminal Punishment Code

721 So. 2d 265, 23 Fla. L. Weekly Supp. 497, 1998 Fla. LEXIS 1829, 1998 WL 650579

Supreme Court of Florida | Filed: Sep 24, 1998 | Docket: 64784506

Cited 1 times | Published

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

STATE OF FLORIDA v. JAMELL DEMONS

District Court of Appeal of Florida | Filed: Nov 9, 2022 | Docket: 65742500

Published

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

Supreme Court of Florida | Filed: Jul 19, 2018 | Docket: 7471972

Published

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

Graves v. State

248 So. 3d 1238

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061976

Published

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

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037339

Published

for an offense that was found, pursuant to section 874.04, Florida Statutes, to have been

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

Supreme Court of Florida | Filed: Jan 21, 2016 | Docket: 3029854

Published

for an offense that was found, pursuant to section 874.04, Florida Statutes, to have been

In Re AMENDMENTS TO the FLORIDA RULES OF CRIMINAL PROCEDURE

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

Supreme Court of Florida | Filed: Oct 29, 2015 | Docket: 3008264

Published

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

Ariano v. State

961 So. 2d 366, 2007 Fla. App. LEXIS 11404, 2007 WL 2119133

District Court of Appeal of Florida | Filed: Jul 25, 2007 | Docket: 64851530

Published

for resentencing without enhancement under section 874.04, Florida Statutes (2004). Reversed and Remanded

Amendments to Florida Rules of Criminal Procedure 3.704 & 3.992

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

Supreme Court of Florida | Filed: Sep 26, 2001 | Docket: 64813224

Published

2001-126, section 2, Laws of Florida, which amends section 874.04 and section 921.0024(l)(b), Florida Statutes

Kanjanabout v. State

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

District Court of Appeal of Florida | Filed: Aug 16, 2000 | Docket: 64799518

Published

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

State v. R.D.P.

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

Supreme Court of Florida | Filed: Jan 6, 2000 | Docket: 64795554

Published

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

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

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

Supreme Court of Florida | Filed: Dec 9, 1999 | Docket: 64799174

Published

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

S.S. v. State

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

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 64792105

Published

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

Rolon v. State

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

District Court of Appeal of Florida | Filed: Nov 5, 1999 | Docket: 64792428

Published

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

Haynecz v. State

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

District Court of Appeal of Florida | Filed: Oct 20, 1999 | Docket: 64792057

Published

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

R.D.P. v. State

735 So. 2d 551, 1999 Fla. App. LEXIS 7216, 1999 WL 345537

District Court of Appeal of Florida | Filed: Jun 2, 1999 | Docket: 64788877

Published

sentences were improperly enhanced pursuant to section 874.04, Florida Statutes (Supp.1996), on the ground

A.K. v. State

724 So. 2d 660, 1999 Fla. App. LEXIS 257, 1999 WL 12905

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 64785582

Published

based on his membership in a street gang. See § 874.04, Fla. Stat. (Supp.1996). We hold that the State

O. C. v. State

722 So. 2d 839, 1998 Fla. App. LEXIS 14041

District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 64784974

Published

disposition enhancement purposes pursuant to section 874.04, Florida Statutes. O.C. moved to dismiss the

S.L. v. State

708 So. 2d 1006, 1998 Fla. App. LEXIS 3143

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 64780033

Published

for resentencing without enhancement under section 874.04, Florida Statutes (Supp.1994). DANAHY, A.C

Amendments to Florida Rules of Criminal Procedure

696 So. 2d 1171, 22 Fla. L. Weekly Supp. 367, 1997 Fla. LEXIS 951, 1997 WL 348098

Supreme Court of Florida | Filed: Jun 26, 1997 | Docket: 64775015

Published

member of a criminal street gang pursuant to section 874.04, at the time of the commission of the primary

S.P. v. State

664 So. 2d 1064, 1995 Fla. App. LEXIS 12611

District Court of Appeal of Florida | Filed: Nov 29, 1995 | Docket: 64760953

Published

purview of chapter 874, Florida Statutes (1993). Section 874.04, Florida Statutes (1993), enhances the penalty