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Florida Laws Relating to Criminal Gangs

Criminal Gang Enforcement and Prevention

Florida Statute 874

Florida has led the country in drafting a statute that specifically targets criminal gang activity. From its original enactment in 1990 to the recent revisions that followed the recommendations of the 18th Statewide Grand Jury, Florida has tried to target criminal gangs for special treatment under the law. Florida Statute 874 defines criminal gangs, gang members, and gang associates. It then provides for enhanced penalties for crimes committed in furtherance of the interests of a gang; new statutes for recruiting gang members; and a new crime allowing the charging of a Gang Kingpin for directing the activities of a gang. There is also a newly redrafted provision that allows cities to enter injunctions against gang activity at a specific location. Much like the violation of a domestic violence injunction, the violation of a gang injunction can also result in arrest for violating the terms of the injunction.

Offenses Concerning Racketeering and Illegal Debts

Florida Statute 895

The State of Florida has a racketeering law entitled, Racketeer Influenced and Corrupt Organization, referred to as the Florida RICO Act. The Florida RICO Act (Florida Statute 895) allows prosecutors to prosecutors to charge a complete enterprise all at once and allows prosecutors to couple historic convictions with newly charged crime. In order to charge RICO, the government must first prove that an enterprise exists and then that the defendants committed individual predicate incidents in furtherance of the enterprise. The Florida legislature has specifically defined a criminal gang under 874 is an enterprise under Florida’s RICO.

Places and groups engaged in criminal gang-related activity declared a nuisance; may be abated and enjoined.

Florida Statute 823.05

Possession of Bulletproof Vest While Committing Certain Offenses.

Florida Statute 775.0846

Registration of Convicted Felons, Exemptions; Penalties.

Florida Statute 775.13

Criminal Mischief; Penalties; Penalty for Minor

Florida Statute 806.13

Local Administrative Action to Abate Drug-Related, Prostitution-Related, or Stolen-Property-Related Public Nuisances and Criminal Gang Activity.

Florida Statute 893.138

Criminal Punishment Code; Worksheet Computations; Scoresheets; Work Sheet Key.

Florida Statute 921.0024(1)(b)

Sentence of Death or Life Imprisonment for Capital Felonies; Further Proceedings to Determine Sentence.

Florida Statute 921.141

Conditions of Parole.

Florida Statute 947.18

Conditional Release Program.

Florida Statute 947.1405

Condition of Probation or Community Control; Criminal Gang

Florida Statute 948.033