Florida § 874.04 - Gang-related offenses; enhanced penalties.

§ 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. (c) A felony of the first degree may be punished as if it were a life felony. 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.