§ 874.01 Short title
§ 874.02 Legislative findings and intent
§ 874.03 Definitions
§ 874.04 Gang-related offenses; enhanced penalties
§ 874.045 Arrest and prosecution under other provisions
§ 874.05 Causing, encouraging, soliciting, or recruiting criminal gang membership
§ 874.06 Civil cause of action
§ 874.08 Criminal gang activity and recruitment; forfeiture
§ 874.09 Crime data information
§ 874.10 Directing the activities of a criminal gang
§ 874.11 Electronic communication
§ 874.12 Identification documents; unlawful possession or creation

Terms Used In Florida Statutes > Chapter 874

  • Adult: means any natural person other than a child. See Florida Statutes 985.03
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • assessment: means the gathering of information for the evaluation of a juvenile offender's or a child's physical, psychological, educational, career and technical education, and social condition and family environment as they relate to the child's need for rehabilitative and treatment services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services, as appropriate. See Florida Statutes 985.03
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Circuit: means any of the 20 judicial circuits as set forth in…. See Florida Statutes 985.03
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conditional release: means the care, treatment, help, supervision, and provision of transition-to-adulthood services provided to a juvenile released from a residential commitment program which is intended to promote rehabilitation and prevent recidivism. See Florida Statutes 985.03
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: means the private nonprofit corporation established pursuant to…. See Florida Statutes 946.503
  • Correctional work program: means any program presently a part of the prison industries program operated by the department or any other correctional work program carried on at any state correctional facility presently or in the future, but the term does not include any program authorized by…. See Florida Statutes 946.503
  • Court: means the circuit court assigned to exercise jurisdiction under this chapter, unless otherwise expressly stated. See Florida Statutes 985.03
  • 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, including, but not limited to, terrorist organizations and hate groups. See Florida Statutes 946.520
  • Criminal gang member: is a person who meets two or more of the following criteria:
    (a) Admits to criminal gang membership. See Florida Statutes 946.520
  • Criminal gang-related activity: means :
    (a) An activity committed with the intent to benefit, promote, or further the interests of a criminal gang, or for the purposes of increasing a person's own standing or position within a criminal gang;
    (b) An activity in which the participants are identified as criminal gang members or criminal gang associates acting individually or collectively to further any criminal purpose of a criminal gang;
    (c) An activity that is identified as criminal gang activity by a documented reliable informant; or
    (d) An activity that is identified as criminal gang activity by an informant of previously untested reliability and such identification is corroborated by independent information. See Florida Statutes 946.520
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • delinquent act: means a violation of any law of this state, the United States, or any other state which is a misdemeanor or a felony or a violation of a county or municipal ordinance which would be punishable by incarceration if the violation were committed by an adult. See Florida Statutes 985.03
  • Department: means the Department of Juvenile Justice. See Florida Statutes 985.03
  • Department: means the Department of Corrections. See Florida Statutes 946.503
  • Detention center or facility: means a facility used pending court adjudication or disposition or execution of court order for the temporary care of a child alleged or found to have committed a violation of law. See Florida Statutes 985.03
  • Electronic communication: has the meaning provided in…. See Florida Statutes 946.520
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Facilities: means the buildings and land used in the operation of an industry program on state property. See Florida Statutes 946.503
  • Family: means a collective of persons, consisting of a child and a parent, guardian, adult custodian, or adult relative, in which:
    (a) The persons reside in the same house or living unit; or
    (b) The parent, guardian, adult custodian, or adult relative has a legal responsibility by blood, marriage, or court order to support or care for the child. See Florida Statutes 985.03
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Inmate: means any person incarcerated within any state, county, municipal, or private correctional facility. See Florida Statutes 946.503
  • Intake: means the initial acceptance and screening by the department or juvenile assessment center personnel of a complaint or a law enforcement report or probable cause affidavit of delinquency to determine the recommendation to be taken in the best interests of the child, the family, and the community. See Florida Statutes 985.03
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juvenile justice continuum: includes , but is not limited to, prevention programs and services designed for the purpose of preventing or reducing delinquent acts, including criminal activity by criminal gangs, and juvenile arrests, as well as programs and services targeted at children who have committed delinquent acts, and children who have previously been committed to residential treatment programs for delinquents. See Florida Statutes 985.03
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 88.6011
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Parent: means a woman who gives birth to a child and a man whose consent to the adoption of the child would be required under…. See Florida Statutes 985.03
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 88.6011
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 88.6011
  • Prevention: means programs, strategies, initiatives, and networks designed to keep children from making initial or further contact with the juvenile justice system. See Florida Statutes 985.03
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: means the legal status of probation created by law and court order in cases involving a child who has been found to have committed a delinquent act. See Florida Statutes 985.03
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Secure detention: means temporary custody of the child while the child is under the physical restriction of a secure detention center or facility pending adjudication, disposition, or placement. See Florida Statutes 985.03
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shelter: means a place for the temporary care of a child who is alleged to be or who has been found to be delinquent. See Florida Statutes 985.03
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Substance abuse: means using, without medical reason, any psychoactive or mood-altering drug, including alcohol, in such a manner as to induce impairment resulting in dysfunctional social behavior. See Florida Statutes 985.03
  • Summons: Another word for subpoena used by the criminal justice system.
  • Taken into custody: means the status of a child immediately when temporary physical control over the child is attained by a person authorized by law, pending the child's release, detention, placement, or other disposition as authorized by law. See Florida Statutes 985.03
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trauma-informed care: means services that are provided to children with a history of trauma, recognizing the symptoms of trauma and acknowledging the role that trauma has played in the child's life. See Florida Statutes 985.03
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 88.6011