Gang Members' Social Media Posts To Be Considered At Trial Under Advancing FL Bill

By Liv Caputo, Florida Phoenix

January 14, 2026

A Florida bill allowing prosecutors to consider gang members’ social media posts passed its first House committee unanimously Wednesday.

HB 429 by Republican Rep. Jessica Baker adds new methods of identifying gang members to Florida statute. It does not criminalize simply being a member of a gang, but instead allows these individuals to be punished more severely if they’ve been convicted of a crime and have either posted about, mentioned, or been identified in gang activity.

This could include posting about gang activity on social media, being observed in the company of a gang member at least twice, being identified as a gang member by a parent, guardian, or spouse, or using “gang-related language.”

This is defined as any verbal, written, or digital statement that signals gang affiliation, supports gang activity, or uses recognized gang codes, symbols, or terminology.

If at least two of the above are determined, the sentence enhancement would apply — meaning the sentence would be one degree more serious than written in statute (a second-degree misdemeanor would be a first-degree misdemeanor, and so on).

“This bill is not criminalizing gang affiliation. … It’s used for enhancement purposes only,” Baker said in Wednesday’s Criminal Justice Subcommittee hearing.

“The purpose of this bill is modernizing the statute,” the Jacksonville Republican continued. “Law enforcement is having a hard time proving criminal gang membership because gang members know where the line is, and social media and online platforms have not been part of the statute ever before.”

On Monday, Florida Attorney General James Uthmeier announced that the “Sex, Money, Murder” gang’s kingpin, Hernando Thompson, was convicted in Polk County last week on five charges, including racketeering, conspiracy to commit racketeering, and three counts of directing criminal gang activities.

Thompson had 14 previous felonies, 10 previous misdemeanors, and two stints in state prison in 2011-2013 and 2014-2015. He’d previously been arrested for aggravated assault, possession and sale of cocaine, domestic violence battery, and carrying a prohibited weapon.

“If you are a gang member, a sex predator, drug trafficker, and you happen to be listening to this press conference: Unless you want to spend the rest of your life in a cage, I strongly encourage you to listen to the attorney general and the sheriff and relocate your operations from Florida,” statewide prosecutor Brad McVay said.

This was HB 429’s first House committee stop. After receiving a 16-0 vote of approval, it will head to the House Judiciary Committee next. Its Senate companion, SB 536, passed its first committee earlier this week.

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