Florida SB 536: Community-based Child Welfare Agencies

Bill Text

536 
Criteria for Determining Criminal Gang Membership 
2026-02-26T08:18:31Z 
Revising the definition of the term “criminal gang member”; defining the term “gang-related language”, etc. 
Committee Substitute 2 
2026 
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2026-10-01T00:00:00Z 
GB 
General Bill 
c2 

 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