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Florida Senate
-
2026
CS for CS for SB 536
By
the Appropriations Committee on Criminal and Civil Justice;
the Committee on Criminal Justice; and Senator Martin
604-03221-26 2026536c2
1 A bill to be entitled
2 An act relating to criteria for determining criminal
3 gang membership; amending s. 874.03, F.S.; revising
4 the definition of the term “criminal gang member”;
5 defining the term “gang-related language”; reenacting
6 ss. 823.05(2)(a), 921.141(6)(n), and 951.23(11), F.S.,
7 all relating to the definition of the term “criminal
8 gang member,” to incorporate the amendment made to s.
9 874.03, F.S., in references thereto; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Present subsections (6), (7), and (8) of section
15 874.03, Florida Statutes, are redesignated as subsections (7),
16 (8), and (9), respectively, a new subsection (6) is added to
17 that section, and subsection (3) of that section is amended, to
18 read:
19 874.03 Definitions.—As used in this chapter:
20 (3) “Criminal gang member”
means
is
a person who meets two
21 or more of the following criteria:
22
(a)
Admits in person or on an online platform or social
23
media that he or she is a criminal gang member.
24
(b)
(a)
Is identified or claimed by a
Admits to
criminal
25 gang
as one of its members
membership
.
26
(c)
(b)
Is identified as a criminal gang member by a parent
,
27
or
guardian
, or spouse living with the person
.
28
(d)
(c)
Is identified as a criminal gang member by a
29 documented reliable informant.
30
(e)
(d)
Adopts the style of dress of a criminal gang.
31
(f)
(e)
Adopts the use of a hand sign identified as used by
32 a criminal gang.
33
(g)
(f)
Has a tattoo identified as used by a criminal gang.
34
(h)
(g)
Associates with one or more known criminal gang
35 members.
36
(i)
(h)
Is identified as a criminal gang member by an
37 informant of previously untested reliability and such
38 identification is corroborated by independent information.
39
(j)
(i)
Is identified as a criminal gang member by physical
40 evidence.
41
(k)
(j)
Has been observed in the company of one or more
42 known criminal gang members
two
four
or more times. Observation
43 in a custodial setting requires a willful association. It is the
44 intent of the Legislature to allow this criterion to be used to
45 identify gang members who recruit and organize in jails,
46 prisons, and other detention settings.
47
(l)
(k)
Has authored any communication indicating
gang
48
affiliation or gang activity or accepting
responsibility for the
49 commission of any crime by
a
the
criminal gang
member
.
50
(m)
Uses gang-related language in furtherance of criminal
51
gang-related activity on an online platform or social media.
52
53 Where a single act or factual transaction satisfies the
54 requirements of more than one of the criteria in this
55 subsection, each of those criteria has thereby been satisfied
56 for the purposes of
this subsection
the statute
.
57
(6)
“Gang-related language” means any verbal or written
58
statement that signals gang affiliation, supports gang activity,
59
or uses recognized gang codes, symbols, or terminology
60
associated with criminal organizations. Written statements
61
include any digital or electronic statements, including
62
statements made on any online platform or social media.
63 Section 2. For the purpose of incorporating the amendment
64 made by this act to section 874.03, Florida Statutes, in a
65 reference thereto, paragraph (a) of subsection (2) of section
66 823.05, Florida Statutes, is reenacted to read:
67 823.05 Places and groups engaged in certain activities
68 declared a nuisance; abatement and enjoinment.—
69 (2)(a) As used in this subsection, the terms “criminal
70 gang,” “criminal gang member,” “criminal gang associate,” and
71 “criminal gang-related activity” have the same meanings as
72 provided in s. 874.03.
73 Section 3. For the purpose of incorporating the amendment
74 made by this act to section 874.03, Florida Statutes, in a
75 reference thereto, paragraph (n) of subsection (6) of section
76 921.141, Florida Statutes, is reenacted to read:
77 921.141 Sentence of death or life imprisonment for capital
78 felonies; further proceedings to determine sentence.—
79 (6) AGGRAVATING FACTORS.—Aggravating factors shall be
80 limited to the following:
81 (n) The capital felony was committed by a criminal gang
82 member, as defined in s. 874.03.
83 Section 4. For the purpose of incorporating the amendment
84 made by this act to section 874.03, Florida Statutes, in a
85 reference thereto, subsection (11) of section 951.23, Florida
86 Statutes, is reenacted to read:
87 951.23 County and municipal detention facilities;
88 definitions; administration; standards and requirements.—
89 (11) GANG STATUS OF INMATES.—A county or municipal
90 detention facility may designate an individual to be responsible
91 for assessing whether each current inmate is a criminal gang
92 member or associate using the criteria in s. 874.03. The
93 individual should at least once biweekly transmit information on
94 inmates believed to be criminal gang members or associates to
95 the arresting law enforcement agency.
96 Section 5. This act shall take effect October 1, 2026.