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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XLVI. CRIMES |
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CHAPTER 874. CRIMINAL GANG ENFORCEMENT AND PREVENTION |
Latest version.
- 1Upon 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:91(1)(a) 92A misdemeanor of the second degree may be punished as if it were a misdemeanor of the first degree.111(b) 112A 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. 165921.0024 166does not apply to misdemeanors enhanced under this paragraph.175(2)(a) 176A felony of the third degree may be punished as if it were a felony of the second degree.195(b) 196A felony of the second degree may be punished as if it were a felony of the first degree.215(c) 216A felony of the first degree may be punished as if it were a life felony.
232For purposes of sentencing under chapter 921 and determining incentive gain-time eligibility under chapter 944, such felony offense is ranked as provided in s. 256921.0022 257or s. 259921.0023, 260and 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.
