The Florida Senate

874.03  Definitions.--As used in this chapter:

(1)  "Criminal street 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 and have two or more members who, individually or collectively, engage in or have engaged in a pattern of criminal street gang activity.

(2)  "Criminal street gang member" is a person who is a member of a criminal street gang as defined in subsection (1) and who meets two or more of the following criteria:

(a)  Admits to criminal street gang membership.

(b)  Is identified as a criminal street gang member by a parent or guardian.

(c)  Is identified as a criminal street gang member by a documented reliable informant.

(d)  Resides in or frequents a particular criminal street gang's area and adopts their style of dress, their use of hand signs, or their tattoos, and associates with known criminal street gang members.

(e)  Is identified as a criminal street gang member by an informant of previously untested reliability and such identification is corroborated by independent information.

(f)  Has been arrested more than once in the company of identified criminal street gang members for offenses which are consistent with usual criminal street gang activity.

(g)  Is identified as a criminal street gang member by physical evidence such as photographs or other documentation.

(h)  Has been stopped in the company of known criminal street gang members four or more times.

(3)  "Pattern of criminal street gang activity" means the commission or attempted commission of, or solicitation or conspiracy to commit, two or more felony or three or more misdemeanor offenses, or one felony and two misdemeanor offenses, or the comparable number of delinquent acts or violations of law which would be felonies or misdemeanors if committed by an adult, on separate occasions within a 3-year period.

(4)  For purposes of law enforcement identification and tracking only:

(a)  "Criminal street gang associate" means a person who:

1.  Admits to criminal street gang association; or

2.  Meets any single defining criterion for criminal street gang membership described in subsection (2).

(b)  "Gang-related incident" means an incident that, upon investigation, meets any of the following conditions:

1.  The participants are identified as criminal street gang members or criminal street gang associates, acting, individually or collectively, to further any criminal purpose of the gang;

2.  A reliable informant identifies an incident as criminal street gang activity; or

3.  An informant of previously untested reliability identifies an incident as criminal street gang activity and it is corroborated by independent information.

History.--s. 1, ch. 90-207; s. 75, ch. 94-209; s. 36, ch. 96-388.