TALLAHASSEE, Fla. – A new Florida bill was signed into law by Gov. Ron DeSantis this week, and it aims to bring a new meaning to what constitutes a “gang member.”
The bill — HB 429 — was originally filed all the way back in November, and it amends an existing law that defines what it means to be a “criminal gang member.”
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
[RELATED: Florida Gov. DeSantis signs new crime laws in Winter Haven]
But under SB 536, the following criteria would also be added to that list:
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.
Alexis Jose Rodriguez-Benavides, Darwins Smith Vasquez Leon, ldemaro Miguel Escalona Mendoza, Ramon Jesus Carpintero-Luna, Samuel Oglis David Anthony Charle. (Polk County Sheriff’s Office)
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 rules don’t actually prohibit people from joining gangs, and this law doesn’t change that fact.
That said, state Sen. Jonathan Martin — who filed a similar bill — argued earlier this year that such legislation is necessary to keep up with evolving trends.
“Gangs today look a lot different from 20 years ago,” he stated during a committee meeting in March. “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.”
HB 429 is now set to take effect on Oct. 1.
Meanwhile, you can find a full list of the new laws approved so far in 2026 here.
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