THE BILL ITSELF
CS/CS/SB 536
Criteria for Determining Criminal Gang Membership
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.
12
Be It Enacted by the Legislature of the State of Florida:
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.
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.