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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to combatting illegal immigration, 2
terrorist organizations, and transnational organized 3
crime and their illegal immigrant participants; 4
amending s. 874.02, F.S.; revising legislative 5
findings and intent; amending s. 874.03, F.S.; 6
revising the definition of the term "criminal gang" 7
and defining the term "transnational criminal 8
organization"; creating s. 874.041, F.S.; authorizing 9
the penalty enhancement of certain offenses upon a 10
finding by the factfinder that the defendant committed 11
the charged offense for specified purposes; providing 12
applicability; creating s. 874.081, F.S.; specifying 13
that all profits, proceeds, and instrumentalities of 14
hate group activity, terrorist organization activity, 15
and transnational criminal organization activity a nd 16
all property used or intended or attempted to be used 17
to facilitate such criminal activity are subject to 18
seizure and forfeiture under the Florida Contraband 19
Forfeiture Act; creating s. 874.105, F.S.; providing 20
criminal penalties for persons who knowing ly initiate, 21
organize, plan, finance, direct, manage, or supervise 22
a hate group's activities, terrorist organization's 23
activities, or transnational criminal organization's 24
activities; providing for severability; providing an 25
HB 1A 2025A
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
effective date. 26
27
Be It Enacted by the Legislature of the State of Florida: 28
29
Section 1. Subsections (1), (2), and (3) of section 30
874.02, Florida Statutes, are amended to read: 31
874.02 Legislative findings and intent. — 32
(1) The Legislature finds that it is the right of every 33
person, regardless of race, color, creed, religion, national 34
origin, sex, age, sexual orientation, or handicap, to be secure 35
and protected from fear, intimidation, and physical harm caused 36
by the activities of criminal gangs , transnational criminal 37
organizations, terrorist organizations, and their members. It is 38
not the intent of this chapter to interfere with the exercise of 39
the constitutionally protected rights of freedom of expression 40
and association. The Legislature recognizes the constitutional 41
right of every citizen to harbor and express beliefs on any 42
lawful subject whatsoever, to lawfully associate with others who 43
share similar beliefs, to petition lawfully constituted 44
authority for a redress of perceived grievances, and to 45
participate in the electora l process. 46
(2) The Legislature finds, however, that the state is 47
facing a mounting crisis caused by criminal gangs , transnational 48
criminal organizations, and terrorist organizations whose 49
members threaten and terrorize peaceful citizens and commit a 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
multitude of crimes. The These criminal gang activities such 51
organizations engage in , both individually and collectively, 52
present a clear and present danger. Street gangs, transnational 53
criminal organizations, terrorist organizations, and hate groups 54
have evolved into increasingly sophisticated and complex 55
organized crime groups in their criminal tactics, schemes, and 56
brutality. The state has a compelling interest in preventing 57
criminal gang activity and halting the real and present danger 58
posed by the prolifer ation of such criminal organizations gangs 59
and the graduation from more primitive forms of criminal gangs 60
to highly sophisticated criminal gangs . For these reasons, the 61
Legislature finds that the provisions of this chapter are 62
essential to maintain public order and safety. 63
(3) It is the intent of the Legislature to outlaw certain 64
conduct associated with the existence and proliferation of such 65
criminal organizations gangs, provide enhanced criminal 66
penalties, and eliminate the patterns, profits, proceeds, 67
instrumentalities, and property facilitating criminal 68
organizations gang activity, including criminal gang 69
recruitment. 70
Section 2. Subsection (1) of section 874.03, Florida 71
Statutes, is amended, and subsection (8) is added to that 72
section, to read: 73
874.03 Definitions.—As used in this chapter: 74
(1) "Criminal gang" means a formal or informal ongoing 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
organization, association, or group that has as one of its 76
primary activities the commission of criminal or delinquent 77
acts, and that consists of three or more persons who have a 78
common name or common identifying signs, colors, or symbols , 79
including, but not limited to, terrorist organizations and hate 80
groups. 81
(a) As used in this subsection, "ongoing" means that the 82
organization was in existence during the time period charged in 83
a petition, information, indictment, or action for civil 84
injunctive relief. 85
(b) As used in this subsection, "primary activities" means 86
that a criminal gang spends a substantial amount of time engaged 87
in such activity, although suc h activity need not be the only, 88
or even the most important, activity in which the criminal gang 89
engages. 90
(8) "Transnational criminal organization" refers to a 91
group, network, or associated individuals who operate 92
transnationally for the purpose of obtai ning power, influence, 93
or monetary or commercial gain, wholly or in part by illegal 94
means, while advancing their activities through a pattern of 95
crime, corruption, or violence, and while protecting their 96
illegal activities through a transnational organizat ional 97
structure and the exploitation of public corruption or 98
transnational logistics and financial or communication 99
mechanisms. The term includes, but is not limited to, 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
organizations designated or that become designated in the future 101
by Presidential Execu tive Order or by the United States 102
Department of the Treasury, Office of Foreign Asset Control, 103
including Presidential Executive Orders 12978 and 13581, the 104
Foreign Narcotics Kingpin Designation Act, the International 105
Emergency Economic Powers Act, or the National Emergencies Act, 106
as either a transnational criminal organization or a foreign 107
narcotics trafficker. 108
Section 3. Section 874.041, Florida Statutes, is created 109
to read: 110
874.041 Hate group-, terrorist organization -, and 111
transnational criminal organization-related offenses; enhanced 112
penalties.—Upon a finding by the factfinder that the defendant 113
committed the charged offense for the purpose of benefitting, 114
promoting, or furthering the interests of a hate group, 115
terrorist organization, or transnat ional criminal organization, 116
the penalty for a misdemeanor or felony, or any delinquent act 117
or violation of law which would be a misdemeanor or felony if 118
committed by an adult, may be enhanced. Penalty enhancement 119
affects the applicable statutory maximum p enalty only. Each of 120
the findings required as a basis for such sentence must be found 121
beyond a reasonable doubt. The enhancement is as follows: 122
(1)(a) A misdemeanor of the second degree may be punished 123
as if it were a misdemeanor of the first degree. 124
(b) A misdemeanor of the first degree may be punished as 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
if it were a felony of the third degree. For purposes of 126
sentencing under chapter 921 and determining incentive gain -time 127
eligibility under chapter 944, such offense is ranked in level 1 128
of the offense severity ranking chart. The criminal gang 129
multiplier in s. 921.0024 does not apply to a misdemeanor 130
offense enhanced under this subsection. 131
(2)(a) A felony of the third degree may be punished as if 132
it were a felony of the second degree. 133
(b) A felony of the second degree may be punished as if it 134
were a felony of the first degree. 135
(c) A felony of the first degree may be punished as if it 136
were a life felony. 137
138
For purposes of sentencing under chapter 921 and determining 139
incentive gain-time eligibility under chapter 944, such felony 140
offense is ranked as provided in s. 921.0022 or s. 921.0023, and 141
without regard to the penalty enhancement in this subsection. 142
Section 4. Section 874.081, Florida Statutes, is created 143
to read: 144
874.081 Hate group, terrori st organization, and 145
transnational criminal organization activity; forfeiture. —All 146
profits, proceeds, and instrumentalities of hate group activity, 147
terrorist organization activity, and transnational criminal 148
organization activity and all property used or i ntended or 149
attempted to be used to facilitate the criminal activity of any 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
hate group, terrorist organization, or transnational criminal 151
organization or of any member of such group or organization are 152
subject to seizure and forfeiture under the Florida Con traband 153
Forfeiture Act in chapter 932. 154
Section 5. Section 874.105, Florida Statutes, is created 155
to read: 156
874.105 Directing the activities of a hate group, 157
terrorist organization, or transnational criminal organization. —158
A person who knowingly initiate s, organizes, plans, finances, 159
directs, manages, or supervises a hate group's activities, 160
terrorist organization's activities, or transnational criminal 161
organization's activities commits a felony of the first degree, 162
punishable by imprisonment for a term o f years not exceeding 163
life or as provided in s. 775.082, s. 775.083, or s. 775.084. 164
Section 6. If any provision of this act or its application 165
to any person or circumstance is held invalid, the invalidity 166
does not affect other provisions or application s of this act 167
which can be given effect without the invalid provision or 168
application, and to this end the provisions of this act are 169
severable. 170
Section 7. This act shall take effect upon becoming a law. 171