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2An act relating to criteria for determining criminal
3gang membership; amending s. 874.03, F.S.; revising
4the definition of the term "criminal gang member";
5defining the term "gang-related language"; reenacting
6ss. 823.05(2)(a), 921.141(6)(n), and 951.23(11), F.S.,
7all relating to the definition of the term "criminal
8gang member", to incorporate the amendment made to s.
9874.03, F.S., in references thereto; providing an
10effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14Section 1.  Subsections (6), (7), and (8) of section
15874.03, Florida Statutes, are renumbered as subsections (7),
16(8), and (9), respectively, subsection (3) of that section is
17amended, and a new subsection (6) is added to that section, to
18read:
19874.03       Definitions.—As used in this chapter:
20(3)     "Criminal gang member" means is a person who meets two
21or more of the following criteria:
22(a)     Admits in person or on an online platform or social
23media that he or she is a criminal gang member.
24(b)(a)       Is identified or claimed by a Admits to criminal
25gang as one of its members membership.
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26(c)(b)       Is identified as a criminal gang member by a
27    parent, 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
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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.
63Section 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:
67823.05       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.
73Section 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
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76    921.141, Florida Statutes, is reenacted to read:
77921.141       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.
83Section 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:
87951.23       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.
96Section 5.  This act shall take effect October 1, 2026.
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