Florida Senate - 2026 CS for SB 536
By the Committee on Criminal Justice; and Senator Martin
591-01886-26 2026536c1
1 A bill to be entitled
2 An act relating to criminal gang members; amending s.
3 874.03, F.S.; defining the term “gang-related
4 language”; revising the definition of the term
5 “criminal gang member”; reenacting ss. 823.05(2)(a),
6 921.141(6)(n), and 951.23(11), F.S., all relating to
7 the definition of the term “criminal gang member”, to
8 incorporate the amendment made to s. 874.03, F.S., in
9 references thereto; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (3) of section 874.03, Florida
14 Statutes, is amended to read:
15 874.03 Definitions.—As used in this chapter:
16 (3) “Gang-related language” is any verbal or written
17 statement that signals gang affiliation, supports gang activity,
18 or uses recognized gang codes, symbols, or terminology
19 associated with criminal organizations. Written statements
20 include any digital or electronic statements, including
21 statements made on any online platform or social media.
22 (4) “Criminal gang member” means is a person who meets two
23 or more of the following criteria:
24 (a) Admits in person or on an online platform or social
25 media that he or she is a criminal gang member.
26 (b)(a) Is identified or claimed by a Admits to criminal
27 gang as one of its members membership.
28 (c)(b) Is identified as a criminal gang member by a parent,
29 or guardian, or spouse living with the person.
30 (d)(c) Is identified as a criminal gang member by a
31 documented reliable informant.
32 (e)(d) Adopts the style of dress of a criminal gang.
33 (f)(e) Adopts the use of a hand sign identified as used by
34 a criminal gang.
35 (g)(f) Has a tattoo identified as used by a criminal gang.
36 (h)(g) Associates with one or more known criminal gang
37 members.
38 (i)(h) Is identified as a criminal gang member by an
39 informant of previously untested reliability and such
40 identification is corroborated by independent information.
41 (j)(i) Is identified as a criminal gang member by physical
42 evidence.
43 (k)(j) Has been observed in the company of one or more
44 known criminal gang members two four or more times. Observation
45 in a custodial setting requires a willful association. It is the
46 intent of the Legislature to allow this criterion to be used to
47 identify gang members who recruit and organize in jails,
48 prisons, and other detention settings.
49 (l)(k) Has authored any communication indicating gang
50 affiliation or gang activity or accepting responsibility for the
51 commission of any crime by a the criminal gang member.
52 (m) Uses gang-related language on an online platform or
53 social media.
54
55 Where a single act or factual transaction satisfies the
56 requirements of more than one of the criteria in this
57 subsection, each of those criteria has thereby been satisfied
58 for the purposes of this subsection the statute.
59 Section 2. For the purpose of incorporating the amendment
60 made by this act to section 874.03, Florida Statutes, in a
61 reference thereto, paragraph (a) of subsection (2) of section
62 823.05, Florida Statutes, is reenacted to read:
63 823.05 Places and groups engaged in certain activities
64 declared a nuisance; abatement and enjoinment.—
65 (2)(a) As used in this subsection, the terms “criminal
66 gang,” “criminal gang member,” “criminal gang associate,” and
67 “criminal gang-related activity” have the same meanings as
68 provided in s. 874.03.
69 Section 3. For the purpose of incorporating the amendment
70 made by this act to section 874.03, Florida Statutes, in a
71 reference thereto, paragraph (n) of subsection (6) of section
72 921.141, Florida Statutes, is reenacted to read:
73 921.141 Sentence of death or life imprisonment for capital
74 felonies; further proceedings to determine sentence.—
75 (6) AGGRAVATING FACTORS.—Aggravating factors shall be
76 limited to the following:
77 (n) The capital felony was committed by a criminal gang
78 member, as defined in s. 874.03.
79 Section 4. For the purpose of incorporating the amendment
80 made by this act to section 874.03, Florida Statutes, in a
81 reference thereto, subsection (11) of section 951.23, Florida
82 Statutes, is reenacted to read:
83 951.23 County and municipal detention facilities;
84 definitions; administration; standards and requirements.—
85 (11) GANG STATUS OF INMATES.—A county or municipal
86 detention facility may designate an individual to be responsible
87 for assessing whether each current inmate is a criminal gang
88 member or associate using the criteria in s. 874.03. The
89 individual should at least once biweekly transmit information on
90 inmates believed to be criminal gang members or associates to
91 the arresting law enforcement agency.
92 Section 5. This act shall take effect July 1, 2026.