If Gov. Ron DeSantis signs a new anti-gang bill into law, Florida prosecutors will be able to consider gang members’ social media posts as added proof of their crimes.
SB 526 says that a gang member charged with a crime could be prosecuted more severely if he or she used “gang-related language” on social media, has been identified as a gang member by their spouse, or been spotted with other gang members at least twice.
If at least two of these criteria apply, the defendant could face a sentence enhancement making the crime one degree more serious than written in statute.
Simply being in a gang is not a crime in Florida, but committing a separate crime while gang-affiliated leads to more serious penalties. Republican bill sponsor Sen. Jonathan Martin, R-Fort Myers, clarified Tuesday that his bill adds more definitions of “gang member” to combat modern-day gangs.
“It modernizes Florida’s gang statutes to reflect how gangs operate today,” he said from the Senate floor. “It’s not a crime to be in a gang … [but this] adds a couple new elements.”
The bill passed, 29 to 9 — largely along party lines — and now heads to DeSantis. If he signs it, the measure will take effect Oct. 1.
SB 526 also defines “gang-related language” as any verbal, written, or digital statement that signals gang affiliation, supports gang activity, or uses recognized gang codes, symbols, or terminology.
Some of its new criteria to identify a gang member include if the person:
- Admits gang affiliation online.
- Is claimed as a gang member by a fellow member.
- Is identified as a gang member by a spouse they live with.
- Is observed with another gang member at least twice.
- Has written any communication indicating gang affiliation.
- Uses gang-related language in furtherance of criminal gang-related activity online.
At least two of these criteria need to apply for the law to fit, Martin said.
The measure had already passed the House in a 100-7 vote.
Florida Phoenix is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Florida Phoenix maintains editorial independence. Contact Editor Michael Moline for questions: info@floridaphoenix.com.This article appears in Mar. 05 – 11, 2026.