TALLAHASSEE, Fla. – A new Florida bill just passed its final committee today, and it aims to bring a new meaning to what constitutes a “gang member.”
The bill — SB 536 — was originally filed all the way back in November by state Sen. Jonathan Martin (R-Ft. Myers), and it amends an existing law that defines what it means to be a “criminal gang member.”
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Current law says that a criminal gang member is someone who meets at least two of the following 11 criteria:
- Admits to criminal gang membership
- Is identified as a criminal gang member by a parent or guardian
- Is identified as a criminal gang member by a documented, reliable informant
- Adopts the style of dress of a criminal gang
- Adopts the use of a hand sign identified as used by a criminal gang
- Has a tattoo identified as used by a criminal gang
- Associates with one or more known criminal gang members
- Is identified as a criminal gang member by an informant of a previously untested reliability and such identification is corroborated by independent information
- Is identified as a criminal gang member by physical evidence
- Has been seen with one or more known criminal gang members at least four times
- Has authored any communication indicating responsibility for the commission of any crime by the criminal gang
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But under SB 536, the following criteria would also be added:
- Admits in person or online that he/she is a criminal gang member
- Is identified or claimed by a criminal gang as one of its members
- Is identified as a criminal gang member by a spouse living with the person
- Has been seen with one or more known criminal gang members at least two times
- Has authored any communication indicating gang affiliation or activity, or accepted responsibility for the commission of any crime by a criminal gang member
- Uses gang-related language in furtherance of criminal gang-related activity online
The legislation comes after Polk County deputies arrested five robbery suspects last year, who were later linked to the Venezuelan gang Tren De Aragua.
Florida law holds enhanced penalties for crimes committed for the benefit of criminal gangs and their interests, meaning that crimes committed by gang members may result in even harsher sentences.
That said, the current law doesn’t actually prohibit people from joining gangs, and this bill doesn’t change that fact.
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That said, Sen. Martin argued that the bill is necessary to keep up with evolving trends.
“Gangs today look a lot different from 20 years ago,” he stated during a committee meeting on Monday. “Modern gangs operate through social media, encrypted messaging, and online recruitment. Gangs no longer use traditional markers: colors, hand signals, fixed territories like certain street corners.”
The bill ultimately passed that committee by a vote of 12-6, meaning it is now headed to a full House vote.
If approved by lawmakers and signed by the governor, the bill is set to take effect on Oct. 1.