Fla. Stat. 874.04
Gang-related offenses; enhanced penalties
(1)(a)
A misdemeanor of the second degree may be punished as if it were a misdemeanor of the first degree.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.(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.A felony of the second degree may be punished as if it were a felony of the first degree.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.
(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.
Source:
Section 874.04 — Gang-related offenses; enhanced penalties, https://www.flsenate.gov/Laws/Statutes/2024/0874.04 (accessed Aug. 7, 2025).