Fla. Stat. § 874.01
Short title
This chapter may be cited as the “Criminal Gang Prevention Act.”
Florida Statutes Chapter 874 — CRIMINAL GANG ENFORCEMENT AND PREVENTION
Florida · statute · Fla. Stat. ch. 874 · 12 active provisions
Fla. Stat. § 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…
Fla. Stat. § 874.03
Definitions
As used in this chapter:(1) “Criminal gang” means 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, i…
Fla. Stat. § 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…
Fla. Stat. § 874.045
Arrest and prosecution under other provisions
Nothing in this chapter shall prohibit the arrest and prosecution of a criminal gang member under chapter 876, chapter 895, chapter 896, s. 893.20, or any other applicable provision of law except to the extent otherwise prohibited pursuant to a statutory or constitutional provision.
Fla. Stat. § 874.05
Causing, encouraging, soliciting, or recruiting criminal gang membership
(1)(a) Except as provided in paragraph (b), a person who intentionally causes, encourages, solicits, or recruits another person to become a criminal gang member where a condition of membership or continued membership is the commission of any crime commits a felony of the third degree, punishable as provided in s. 775.0…
Fla. Stat. § 874.06
Civil cause of action
(1) A person or organization establishing, by clear and convincing evidence, coercion, intimidation, threats, or other harm to that person or organization in violation of this chapter has a civil cause of action for treble damages, an injunction, or any other appropriate relief in law or equity. Upon prevailing, the pl…
Fla. Stat. § 874.08
Criminal gang activity and recruitment; forfeiture
All profits, proceeds, and instrumentalities of criminal gang activity and all property used or intended or attempted to be used to facilitate the criminal activity of any criminal gang or of any criminal gang member; and all profits, proceeds, and instrumentalities of criminal gang recruitment and all property used or…
Fla. Stat. § 874.09
Crime data information
(1) The Department of Law Enforcement may:(a) Develop and manage a statewide criminal gang database to facilitate the exchange of information pursuant to the intent and purpose of this chapter.(b) Notify all law enforcement agencies that reports of criminal gang members or associates shall be entered into the database…
Fla. Stat. § 874.10
Directing the activities of a criminal gang
Any person who knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
Fla. Stat. § 874.11
Electronic communication
Any person who, for the purpose of benefiting, promoting, or furthering the interests of a criminal gang, uses electronic communication to intimidate or harass other persons, or to advertise his or her presence in the community, including, but not limited to, such activities as distributing, selling, transmitting, or p…
Fla. Stat. § 874.12
Identification documents; unlawful possession or creation
(1) For purposes of this section, the term “identification document” includes, but is not limited to, a social security card or number, a birth certificate, a driver license, an identification card issued pursuant to s. 322.051, a naturalization certificate, an alien registration number, a passport, and any access cred…