Florida2026Active
HB0429
New Rules for Identifying Criminal Gang Members
Last scannedAug 24, 2026, 10:35 AM
In one sentence
This law updates the list of signs used to decide if someone is a criminal gang member and creates a new definition for 'gang-related language' on online platforms.
What it does
- Changes the definition of 'criminal gang member' in Florida Statute 874.03 so that a person must meet at least two specific criteria to be labeled as one.
- Lists specific signs such as admitting membership, using hand signs or tattoos associated with gangs, wearing gang clothing, and associating with known members.
- Adds rules about being identified by parents, guardians, spouses, reliable informants, physical evidence, or untested informants if other proof exists.
- Defines 'gang-related language' as verbal or written statements that signal gang affiliation, support activity, or use recognized codes and symbols on online platforms.
- Updates laws regarding property nuisances, death penalty sentencing factors, and jail inmate assessments to match the new definition.
Who it affects
- People who may be identified as criminal gang members under Florida law based on meeting two or more criteria.
- Law enforcement agencies that investigate crimes or receive reports from detention facilities.
- County and municipal detention facilities responsible for assessing inmate status.
Limits and unknowns
- The law does not list every specific word or symbol that counts as 'gang-related language,' only describing the types of statements included.
- Detention facilities are allowed to designate an individual for assessments but must report findings at least once every two weeks; it is unclear if more frequent checks are required.
Plain language
Terms to know
- Criminal gang member
- A person who meets two or more of the specific criteria listed in this law, such as admitting membership, using gang symbols, or associating with known members.
- Gang-related language
- Any verbal or written statement that signals gang affiliation, supports gang activity, or uses recognized gang codes and terminology on online platforms.
Official record
Sources
Official summary
Criteria for Determining Criminal Gang Membership
Official activity
Bill history
- Chapter No. 2026-156