§ 14-565. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Criminal gang associate means a person who:

(1)

Admits to criminal gang association; or

(2)

Meets any single defining criterion for criminal gang membership described in this section.

Criminal gang-related activity means:

(1)

An activity committed with the intent to benefit, promote, or further the interests of a criminal gang, or for the purposes of increasing a person's own standing or position within a criminal gang;

(2)

An activity in which the participants are identified as criminal gang members or criminal gang associates acting individually or collectively to further any criminal purpose of a criminal gang;

(3)

An activity that is identified as criminal gang activity by a documented reliable informant; or

(4)

An activity that is identified as criminal gang activity by an informant of previously untested reliability and such identification is corroborated by independent information.

Criminal street gang means a formal or informal ongoing organization, association, or group that has as one of its primary activities the commission of criminal or delinquent acts, and that consists of three or more persons who have a common name or common identifying signs, colors, or symbols including, but not limited to, terrorist organizations and hate groups.

Criminal street gang member means a person who meets two or more of the following criteria:

(1)

Admits to criminal street gang membership;

(2)

Is identified as a criminal street gang member by a parent or guardian;

(3)

Is identified as a criminal street gang member by a documented reliable informant;

(4)

Has been stopped in the company of known criminal street gang members four or more times;

(5)

Adopts the style of dress of a criminal gang;

(6)

Adopts the use of a hand sign identified as used by a criminal gang;

(7)

Has a tattoo identified as used by a criminal gang;

(8)

Associates with one or more known criminal gang members;

(9)

Is identified as a criminal gang member by an informant of previously untested reliability and such identification is corroborated by independent information;

(10)

Is identified as a criminal gang member by physical evidence;

(11)

Has been observed in the company of one or more known criminal gang members four or more times. Observation in a custodial setting requires a willful association. It is the intent of the legislature to allow this criterion to be used to identify gang members who recruit and organize in jails, prisons, and other detention settings; or

(12)

Has authored any communication indicating responsibility for the commission of any crime by the criminal gang.

Where a single act or factual transaction satisfies the requirements of more than one of the criteria in this subsection, each of those criteria has thereby been satisfied for the purposes of the statute.

Gang loitering means to remain in a place, at a time or in a manner and under circumstances manifesting the purpose of engaging in criminal street gang activity.

Gang-related incident means an incident that, upon investigation, meets any of the following conditions:

(1)

The participants are identified as criminal street gang members or criminal street gang associates, acting, individually or collectively, to further any criminal purpose of the gang;

(2)

A reliable informant identifies an incident as criminal street gang activity; or

(3)

An informant of previously untested reliability identifies an incident as criminal street gang activity and it is corroborated by independent information.

Hate group means an organization whose primary purpose is to promote animosity, hostility, and malice against a person or persons or against the property of a person or persons because of race, religion, disability, sexual orientation, ethnicity, or national origin.

Ongoing means that the organization was in existence during the time period charged in a petition, information, indictment, or action for civil injunctive relief.

Pattern of criminal street gang activity means the commission or attempted commission of, or solicitation or conspiracy to commit, two or more felony or three or more misdemeanor offenses, or one felony and two misdemeanor offenses, or the comparable number of delinquent acts or violations of law which would be felonies or misdemeanors if committed by an adult, on separate occasions within a three-year period.

Primary activities means that a criminal gang spends a substantial amount of time engaged in such activity, although such activity need not be the only, or even the most important, activity in which the criminal gang engages.

Public place means any public right-of-way and any other location open to the public, whether publicly or privately owned, including, but not limited to any street, sidewalk, avenue, highway, road, curb area, alley, park, playground or other public ground or public building, any common area of a school, hospital, apartment house, office building, transport facility, shop, privately owned place or business to which the public is invited, including any place of amusement, entertainment or eating place. The term "public place" also includes the front yard area, driveway and walkway of any private residence, business or apartment house.

Terrorist organization means any organized group engaged in or organized for the purpose of engaging in terrorism as defined in F.S. § 775.30. This definition shall not be construed to prevent prosecution under this chapter of individuals acting alone.

(Ord. No. 2008-26-162, § 3, 7-9-2008; Ord. No. 2008-27-163, § 3, 7-9-2008)

State law reference

Similar definitions, F.S. § 874.03.