Florida Senate - 2026 SB 536
By Senator Martin
33-00605A-26 2026536__
1 A bill to be entitled
2 An act relating to criminal gang members; amending s.
3 874.03, F.S.; revising the definition of the term
4 “criminal gang member”; reenacting ss. 823.05(2)(a),
5 921.141(6)(n), and 951.23(11), F.S., all relating to
6 the definition of the term “criminal gang member”, to
7 incorporate the amendment made to s. 874.03, F.S., in
8 references thereto; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsection (3) of section 874.03, Florida
13 Statutes, is amended to read:
14 874.03 Definitions.—As used in this chapter:
15 (3) “Criminal gang member” means is a person who either
16 admits in person or on social media to criminal gang membership
17 or who meets two or more of the following criteria:
18 (a) Is identified or claimed by a Admits to criminal gang
19 as one of its members membership.
20 (b) Is identified as a criminal gang member by a parent, or
21 guardian, or spouse living with the person.
22 (c) Is identified as a criminal gang member by a law
23 enforcement officer or a documented reliable informant.
24 (d) Adopts the style of dress of a criminal gang.
25 (e) Adopts the use of a hand sign identified as used by a
26 criminal gang.
27 (f) Has a tattoo identified as used by a criminal gang.
28 (g) Associates with one or more known criminal gang
29 members.
30 (h) Is identified as a criminal gang member by an informant
31 of previously untested reliability and such identification is
32 corroborated by independent information.
33 (i) Is identified as a criminal gang member by physical
34 evidence.
35 (j) Has been observed in the company of one or more known
36 criminal gang members two four or more times. Observation in a
37 custodial setting requires a willful association. It is the
38 intent of the Legislature to allow this criterion to be used to
39 identify gang members who recruit and organize in jails,
40 prisons, and other detention settings.
41 (k) Has authored any communication indicating gang
42 affiliation or gang activity or accepting responsibility for the
43 commission of any crime by the criminal gang. Meeting the
44 criteria of this paragraph replaces the need for a standard
45 field interview.
46 (l) Using gang-related language on social media.
47
48 Where a single act or factual transaction satisfies the
49 requirements of more than one of the criteria in this
50 subsection, each of those criteria has thereby been satisfied
51 for the purposes of this subsection the statute.
52 Section 2. For the purpose of incorporating the amendment
53 made by this act to section 874.03, Florida Statutes, in a
54 reference thereto, paragraph (a) of subsection (2) of section
55 823.05, Florida Statutes, is reenacted to read:
56 823.05 Places and groups engaged in certain activities
57 declared a nuisance; abatement and enjoinment.—
58 (2)(a) As used in this subsection, the terms “criminal
59 gang,” “criminal gang member,” “criminal gang associate,” and
60 “criminal gang-related activity” have the same meanings as
61 provided in s. 874.03.
62 Section 3. For the purpose of incorporating the amendment
63 made by this act to section 874.03, Florida Statutes, in a
64 reference thereto, paragraph (n) of subsection (6) of section
65 921.141, Florida Statutes, is reenacted to read:
66 921.141 Sentence of death or life imprisonment for capital
67 felonies; further proceedings to determine sentence.—
68 (6) AGGRAVATING FACTORS.—Aggravating factors shall be
69 limited to the following:
70 (n) The capital felony was committed by a criminal gang
71 member, as defined in s. 874.03.
72 Section 4. For the purpose of incorporating the amendment
73 made by this act to section 874.03, Florida Statutes, in a
74 reference thereto, subsection (11) of section 951.23, Florida
75 Statutes, is reenacted to read:
76 951.23 County and municipal detention facilities;
77 definitions; administration; standards and requirements.—
78 (11) GANG STATUS OF INMATES.—A county or municipal
79 detention facility may designate an individual to be responsible
80 for assessing whether each current inmate is a criminal gang
81 member or associate using the criteria in s. 874.03. The
82 individual should at least once biweekly transmit information on
83 inmates believed to be criminal gang members or associates to
84 the arresting law enforcement agency.
85 Section 5. This act shall take effect July 1, 2026.