Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 1046
Ì703598VÎ703598
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/13/2024 .
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The Appropriations Committee on Agriculture, Environment, and
General Government (Martin) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 843.08, Florida Statutes, is amended to
6 read:
7 843.08 False personation.—A person who falsely assumes or
8 pretends to be a firefighter, a sheriff, an officer of the
9 Florida Highway Patrol, an officer of the Fish and Wildlife
10 Conservation Commission, an officer of the Department of
11 Environmental Protection, an officer of the Department of
12 Financial Services, any personnel or representative of the
13 Division of Investigative and Forensic Services, any personnel
14 or representative of the Florida Gaming Control Commission, an
15 officer of the Department of Corrections, a correctional
16 probation officer, a deputy sheriff, a state attorney or an
17 assistant state attorney, a statewide prosecutor or an assistant
18 statewide prosecutor, a state attorney investigator, a coroner,
19 a police officer, a lottery special agent or lottery
20 investigator, a beverage enforcement agent, a school guardian as
21 described in s. 30.15(1)(k), a security officer licensed under
22 chapter 493, any member of the Florida Commission on Offender
23 Review or any administrative aide or supervisor employed by the
24 commission, any personnel or representative of the Department of
25 Law Enforcement, or a federal law enforcement officer as defined
26 in s. 901.1505, and takes upon himself or herself to act as
27 such, or to require any other person to aid or assist him or her
28 in a matter pertaining to the duty of any such officer, commits
29 a felony of the third degree, punishable as provided in s.
30 775.082, s. 775.083, or s. 775.084. However, a person who
31 falsely personates any such officer during the course of the
32 commission of a felony commits a felony of the second degree,
33 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
34 If the commission of the felony results in the death or personal
35 injury of another human being, the person commits a felony of
36 the first degree, punishable as provided in s. 775.082, s.
37 775.083, or s. 775.084. In determining whether a defendant has
38 violated this section, the court or jury may consider any
39 relevant evidence, including, but not limited to, whether the
40 defendant used lights in violation of s. 316.2397 or s. 843.081.
41 Section 2. Section 849.01, Florida Statutes, is amended to
42 read:
43 849.01 Keeping gambling houses, etc.—Whoever by herself or
44 himself, her or his servant, clerk or agent, or in any other
45 manner knowingly has, keeps, exercises or maintains a gaming
46 table or room, or gaming implements or apparatus, or house,
47 booth, tent, shelter or other place for the purpose of gaming or
48 gambling or in any place of which she or he may directly or
49 indirectly have charge, control or management, either
50 exclusively or with others, procures, suffers or permits any
51 person to play for money or other valuable thing at any game
52 whatever, whether heretofore prohibited or not, commits a felony
53 of the third misdemeanor of the second degree, punishable as
54 provided in s. 775.082, or s. 775.083, or 775.084.
55 Section 3. Section 849.15, Florida Statutes, is amended to
56 read:
57 849.15 Manufacture, sale, possession, etc., of slot
58 machines or devices prohibited.—
59 (1) As used in this section the term:
60 (a) “Conviction” means a determination of guilt that is the
61 result of a plea or a trial, regardless of whether adjudication
62 is withheld or a plea of nolo contendere is entered.
63 (b) “Manager” means a person who, at any business,
64 establishment, premises, or other location at which a slot
65 machine or device is offered for play, has:
66 1. Authorization to operate or hold open the business,
67 establishment, premises, or other location without any other
68 employee present;
69 2. Authorization to supervise another employee or
70 employees; or
71 3. Any ownership interest in the business, establishment,
72 premises, or other location.
73 (2)(1) It is unlawful:
74 (a) To manufacture, own, store, keep, possess, sell, rent,
75 lease, let on shares, lend or give away, transport, or expose
76 for sale or lease, or to offer to sell, rent, lease, let on
77 shares, lend or give away, or permit the operation of, or for
78 any person to permit to be placed, maintained, or used or kept
79 in any room, space, or building owned, leased or occupied by the
80 person or under the person’s management or control, any slot
81 machine or device or any part thereof; or
82 (b) To make or to permit to be made with any person any
83 agreement with reference to any slot machine or device, pursuant
84 to which the user thereof, as a result of any element of chance
85 or other outcome unpredictable to him or her, may become
86 entitled to receive any money, credit, allowance, or thing of
87 value or additional chance or right to use such machine or
88 device, or to receive any check, slug, token or memorandum
89 entitling the holder to receive any money, credit, allowance or
90 thing of value.
91 (3)(a) Except as provided in paragraphs (b) and (c), a
92 person who violates subsection (2) commits a misdemeanor of the
93 first degree, punishable as provided in s. 775.082 or s.
94 775.083.
95 (b) A person commits a felony of the third degree,
96 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
97 if he or she violates subsection (2) and:
98 1. At the time of the violation the person is acting as a
99 manager.
100 2. Has one prior conviction for a violation of this
101 section.
102 (c) A person commits a felony of the second degree,
103 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
104 if he or she violates subsection (2) and:
105 1.a. At the time of the violation the person is acting as a
106 manager; and
107 b. The violation involves five or more slot machines or
108 devices.
109 2. Has two or more prior convictions for a violation of
110 this section.
111 (4)(2) Pursuant to section 2 of that chapter of the
112 Congress of the United States entitled “An act to prohibit
113 transportation of gaming devices in interstate and foreign
114 commerce,” approved January 2, 1951, being ch. 1194, 64 Stat.
115 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
116 of Florida, acting by and through the duly elected and qualified
117 members of its Legislature, does hereby in this section, and in
118 accordance with and in compliance with the provisions of section
119 2 of such chapter of Congress, declare and proclaim that any
120 county of the State of Florida within which slot machine gaming
121 is authorized pursuant to chapter 551 is exempt from the
122 provisions of section 2 of that chapter of the Congress of the
123 United States entitled “An act to prohibit transportation of
124 gaming devices in interstate and foreign commerce,” designated
125 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
126 shipments of gaming devices, including slot machines, into any
127 county of this state within which slot machine gaming is
128 authorized pursuant to chapter 551 and the registering,
129 recording, and labeling of which have been duly performed by the
130 manufacturer or distributor thereof in accordance with sections
131 3 and 4 of that chapter of the Congress of the United States
132 entitled “An act to prohibit transportation of gaming devices in
133 interstate and foreign commerce,” approved January 2, 1951,
134 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
135 ss. 1171-1177, shall be deemed legal shipments thereof into this
136 state provided the destination of such shipments is an eligible
137 facility as defined in s. 551.102 or the facility of a slot
138 machine manufacturer or slot machine distributor as provided in
139 s. 551.109(2)(a).
140 Section 4. Section 849.155, Florida Statutes, is created to
141 read:
142 849.155 Trafficking in slot machines or devices or any
143 parts thereof.—Any person who knowingly sells, purchases,
144 manufactures, transports, delivers, or brings into this state
145 more than 15 slot machines or devices or any part thereof,
146 commits a felony of the first degree, punishable as provided in
147 s. 775.082, s. 775.083, or s. 775.084. If the quantity of slot
148 machines or devices or any part thereof involved:
149 (1) Is more than 15 slot machines or devices or any part
150 thereof, but less than 25 slot machines or devices or any part
151 thereof, such person must be ordered to pay a fine of $100,000.
152 (2) Is 25 slot machines or devices or any part thereof or
153 more, but less than 50 slot machines or devices or any part
154 thereof, such person must be ordered to pay a fine of $250,000.
155 (3) Is 50 slot machines or devices or any part thereof or
156 more, such person must be ordered to pay a fine of $500,000.
157
158 All fines imposed and collected pursuant to this section must be
159 deposited into the Pari-mutuel Wagering Trust Fund and may be
160 used for the enforcement of chapters 546, 550, 551, and this
161 chapter by the Florida Gaming Control Commission.
162 Section 5. Section 849.157, Florida Statutes, is created to
163 read:
164 849.157 Making a false or misleading statement regarding
165 the legality of slot machines or devices to facilitate sale.—
166 (1) Except as provided in subsection (2), a person who
167 knowingly and willfully makes a materially false or misleading
168 statement or who knowingly and willfully disseminates false or
169 misleading information regarding the legality of a slot machine
170 or device for the purpose of facilitating the sale or delivery
171 of a slot machine or device for any money or other valuable
172 consideration commits a felony of the third degree, punishable
173 as provided in s. 775.082, s. 775.083, or s. 775.084.
174 (2) A person who violates subsection (1) when such a
175 violation involves the sale or delivery, or attempted sale or
176 delivery, of five or more slot machines or devices commits a
177 felony of the second degree, punishable as provided in s.
178 775.082, s. 775.083, or s. 775.084.
179 Section 6. Section 849.23, Florida Statutes, is repealed.
180 Section 7. Section 849.47, Florida Statutes, is created to
181 read:
182 849.47 Transporting or procuring the transportation of
183 persons to facilitate illegal gambling.—
184 (1) Except as provided in subsection (2), a person who
185 knowingly and willfully for profit or hire transports, or
186 procures the transportation of, five or more other persons into
187 or within this state when he or she knows or reasonably should
188 know such transportation is for the purpose of facilitating
189 illegal gambling commits a misdemeanor of the first degree,
190 punishable as provided in s. 775.082 or s. 775.083.
191 (2)(a) A person who transports, or procures the
192 transportation of, a minor or a person 65 years of age or older
193 in violation of subsection (1) commits a felony of the third
194 degree, punishable as provided in s. 775.082, s. 775.083, or s.
195 775.084.
196 (b) A person who transports, or procures the transportation
197 of, 12 or more persons in violation of subsection (1) commits a
198 felony of the third degree, punishable as provided in s.
199 775.082, s. 775.083, or s. 775.084.
200 (3) As used in this section, the term “illegal gambling”
201 means any criminal violation of chapter 546, chapter 550,
202 chapter 551, or this chapter that occurs at any business,
203 establishment, premises, or other location which operates for
204 profit.
205 Section 8. Section 849.48, Florida Statutes, is created to
206 read:
207 849.48 Gambling or gaming advertisements; prohibited.—
208 (1)(a) Except as otherwise specifically authorized by law,
209 a person may not knowingly and intentionally make, publish,
210 disseminate, circulate or place before the public, or cause,
211 directly or indirectly, to be made, published, disseminated or
212 circulated or placed before the public in this state, in any
213 manner, any advertisement, circular, bill, poster, pamphlet,
214 list, schedule, announcement, or notice for the purpose of
215 promoting or facilitating illegal gambling.
216 (b) Except as otherwise specifically authorized by law, a
217 person may not set up any type or plate for any type of
218 advertisement, circular, bill, poster, pamphlet, list, schedule,
219 announcement, or notice when he or she knows or reasonably
220 should know that such material will be used for the purpose of
221 promoting or facilitating illegal gambling.
222 (2) A person who violates subsection (1) commits a
223 misdemeanor of the first degree, punishable as provided in s.
224 775.082 or s. 775.083.
225 (3) This section does not prohibit the printing or
226 producing of any advertisement, circular, bill, poster,
227 pamphlet, list, schedule, announcement, or notice to be used for
228 the purpose of promoting or facilitating gambling conducted in
229 any other state or nation, outside of this state, where such
230 gambling is not prohibited.
231 (4) As used in this section, the term “illegal gambling”
232 means any criminal violation of chapter 546, chapter 550,
233 chapter 551, or this chapter that occurs at any business,
234 establishment, premises, or other location which operates for
235 profit.
236 Section 9. Section 849.49, Florida Statutes, is created to
237 read:
238 849.49 Preemption.— No county, municipality, or other
239 political subdivision of the state shall enact or enforce any
240 ordinance or local rule relating to gaming, gambling, lotteries,
241 or any activities described in s. 546.10 or this chapter, except
242 as otherwise expressly provided by the state constitution or
243 general law.
244 Section 10. Paragraphs (i) through (m) of subsection (2) of
245 section 903.046, Florida Statutes, are redesignated as
246 paragraphs (j) through (n), respectively, and a new paragraph
247 (i) is added to that subsection, to read:
248 903.046 Purpose of and criteria for bail determination.—
249 (2) When determining whether to release a defendant on bail
250 or other conditions, and what that bail or those conditions may
251 be, the court shall consider:
252 (i) The amount of currency seized that is connected to or
253 involved in a violation of chapter 546, chapter 550, chapter
254 551, or this chapter.
255 Section 11. Paragraphs (a), (c), (e), and (g) of subsection
256 (3) of section 921.0022, Florida Statutes, are amended to read:
257 921.0022 Criminal Punishment Code; offense severity ranking
258 chart.—
259 (3) OFFENSE SEVERITY RANKING CHART
260 (a) LEVEL 1
261
262
263 FloridaStatute FelonyDegree Description
264 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
265 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
266 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
267 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
268 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
269 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
270 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
271 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
272 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
273 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
274 322.212(5)(a) 3rd False application for driver license or identification card.
275 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
276 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
277 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
278 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
279 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
280 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
281 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
282 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
283 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
284 826.01 3rd Bigamy.
285 828.122(3) 3rd Fighting or baiting animals.
286 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
287 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
288 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
289 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
290 838.15(2) 3rd Commercial bribe receiving.
291 838.16 3rd Commercial bribery.
292 843.18 3rd Fleeing by boat to elude a law enforcement officer.
293 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
294 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
295 849.23 3rd Gambling-related machines; “common offender” as to property rights.
296 849.25(2) 3rd Engaging in bookmaking.
297 860.08 3rd Interfere with a railroad signal.
298 860.13(1)(a) 3rd Operate aircraft while under the influence.
299 893.13(2)(a)2. 3rd Purchase of cannabis.
300 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
301 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
302
303 (c) LEVEL 3
304
305
306 FloridaStatute FelonyDegree Description
307 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
308 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
309 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
310 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
311 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
312 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
313 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
314 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
315 327.35(2)(b) 3rd Felony BUI.
316 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
317 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
318 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
319 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
320 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
321 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
322 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
323 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
324 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
325 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
326 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
327 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
328 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
329 697.08 3rd Equity skimming.
330 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
331 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
332 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
333 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
334 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
335 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
336 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
337 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
338 812.081(2) 3rd Theft of a trade secret.
339 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
340 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
341 817.233 3rd Burning to defraud insurer.
342 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
343 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
344 817.236 3rd Filing a false motor vehicle insurance application.
345 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
346 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
347 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
348 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
349 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
350 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
351 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
352 849.01 3rd Keeping a gambling house.
353 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
354 849.09(1)(e), (f), (g), (i), or (k) 3rd Conducting an unlawful lottery; second or subsequent offense.
355 849.09(1)(h) or (j) 3rd Conducting an unlawful lottery; second or subsequent offense.
356 849.15(3)(b) 3rd Manufacture, sale, or possession of slot machine; by manager or with prior conviction.
357 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices.
358 849.25(2) 3rd Engaging in bookmaking.
359 849.47(2)(a) & (b) 3rd Transporting persons to facilitate illegal gambling; minor or person 65 years of age or older or 12 or more persons.
360 860.15(3) 3rd Overcharging for repairs and parts.
361 870.01(2) 3rd Riot.
362 870.01(4) 3rd Inciting a riot.
363 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
364 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
365 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
366 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
367 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
368 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
369 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
370 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
371 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
372 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
373 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
374 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
375 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
376 918.13(1) 3rd Tampering with or fabricating physical evidence.
377 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
378 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
379 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
380
381 (e) LEVEL 5
382
383
384 FloridaStatute FelonyDegree Description
385 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
386 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
387 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
388 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
389 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
390 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
391 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
392 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
393 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
394 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
395 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
396 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
397 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
398 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
399 790.01(3) 3rd Unlawful carrying of a concealed firearm.
400 790.162 2nd Threat to throw or discharge destructive device.
401 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
402 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
403 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
404 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
405 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
406 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
407 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
408 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
409 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
410 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
411 812.019(1) 2nd Stolen property; dealing in or trafficking in.
412 812.081(3) 2nd Trafficking in trade secrets.
413 812.131(2)(b) 3rd Robbery by sudden snatching.
414 812.16(2) 3rd Owning, operating, or conducting a chop shop.
415 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
416 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
417 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
418 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
419 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
420 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
421 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
422 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
423 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
424 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
425 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
426 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
427 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
428 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
429 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
430 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
431 849.15(3)(c) 2nd Manufacture, sale, or possession of a slot machine; by a manager of five or more machines or two or more prior convictions.
432 849.157(2) 2nd False or misleading statement to facilitate sale of slot machines or devices; five or more machines.
433 849.25(3) 2nd Bookmaking; second or subsequent offense.
434 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
435 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
436 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
437 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
438 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
439 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
440 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
441 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
442 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
443
444 (g) LEVEL 7
445
446
447 FloridaStatute FelonyDegree Description
448 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
449 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
450 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
451 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
452 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
453 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
454 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
455 456.065(2) 3rd Practicing a health care profession without a license.
456 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
457 458.327(1) 3rd Practicing medicine without a license.
458 459.013(1) 3rd Practicing osteopathic medicine without a license.
459 460.411(1) 3rd Practicing chiropractic medicine without a license.
460 461.012(1) 3rd Practicing podiatric medicine without a license.
461 462.17 3rd Practicing naturopathy without a license.
462 463.015(1) 3rd Practicing optometry without a license.
463 464.016(1) 3rd Practicing nursing without a license.
464 465.015(2) 3rd Practicing pharmacy without a license.
465 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
466 467.201 3rd Practicing midwifery without a license.
467 468.366 3rd Delivering respiratory care services without a license.
468 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
469 483.901(7) 3rd Practicing medical physics without a license.
470 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
471 484.053 3rd Dispensing hearing aids without a license.
472 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
473 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
474 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
475 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
476 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
477 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
478 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
479 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
480 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
481 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
482 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
483 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
484 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
485 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
486 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
487 784.048(7) 3rd Aggravated stalking; violation of court order.
488 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
489 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
490 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
491 784.081(1) 1st Aggravated battery on specified official or employee.
492 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
493 784.083(1) 1st Aggravated battery on code inspector.
494 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
495 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
496 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
497 790.16(1) 1st Discharge of a machine gun under specified circumstances.
498 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
499 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
500 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
501 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
502 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
503 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
504 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
505 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
506 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
507 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
508 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
509 806.01(2) 2nd Maliciously damage structure by fire or explosive.
510 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
511 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
512 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
513 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
514 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
515 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
516 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
517 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
518 812.014(2)(f) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
519 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
520 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
521 812.131(2)(a) 2nd Robbery by sudden snatching.
522 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
523 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
524 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
525 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
526 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
527 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
528 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
529 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
530 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
531 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
532 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
533 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
534 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
535 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
536 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
537 838.015 2nd Bribery.
538 838.016 2nd Unlawful compensation or reward for official behavior.
539 838.021(3)(a) 2nd Unlawful harm to a public servant.
540 838.22 2nd Bid tampering.
541 843.0855(2) 3rd Impersonation of a public officer or employee.
542 843.0855(3) 3rd Unlawful simulation of legal process.
543 843.0855(4) 3rd Intimidation of a public officer or employee.
544 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
545 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
546 849.155 1st Trafficking in slot machines or devices or any part thereof.
547 872.06 2nd Abuse of a dead human body.
548 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
549 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
550 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
551 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
552 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
553 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
554 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
555 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
556 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
557 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
558 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
559 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
560 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
561 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
562 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
563 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
564 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
565 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
566 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
567 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
568 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
569 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
570 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
571 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
572 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
573 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
574 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
575 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
576 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
577 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
578 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
579 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
580 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
581 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
582 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
583 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
584 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
585 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
586
587 Section 12. Paragraph (a) of subsection (1) and paragraph
588 (a) of subsection (2) of section 772.102, Florida Statutes, are
589 amended to read:
590 772.102 Definitions.—As used in this chapter, the term:
591 (1) “Criminal activity” means to commit, to attempt to
592 commit, to conspire to commit, or to solicit, coerce, or
593 intimidate another person to commit:
594 (a) Any crime that is chargeable by indictment or
595 information under the following provisions:
596 1. Section 210.18, relating to evasion of payment of
597 cigarette taxes.
598 2. Section 414.39, relating to public assistance fraud.
599 3. Section 440.105 or s. 440.106, relating to workers’
600 compensation.
601 4. Part IV of chapter 501, relating to telemarketing.
602 5. Chapter 517, relating to securities transactions.
603 6. Section 550.235 or s. 550.3551, relating to dogracing
604 and horseracing.
605 7. Chapter 550, relating to jai alai frontons.
606 8. Chapter 552, relating to the manufacture, distribution,
607 and use of explosives.
608 9. Chapter 562, relating to beverage law enforcement.
609 10. Section 624.401, relating to transacting insurance
610 without a certificate of authority, s. 624.437(4)(c)1., relating
611 to operating an unauthorized multiple-employer welfare
612 arrangement, or s. 626.902(1)(b), relating to representing or
613 aiding an unauthorized insurer.
614 11. Chapter 687, relating to interest and usurious
615 practices.
616 12. Section 721.08, s. 721.09, or s. 721.13, relating to
617 real estate timeshare plans.
618 13. Chapter 782, relating to homicide.
619 14. Chapter 784, relating to assault and battery.
620 15. Chapter 787, relating to kidnapping or human
621 trafficking.
622 16. Chapter 790, relating to weapons and firearms.
623 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
624 relating to prostitution.
625 18. Chapter 806, relating to arson.
626 19. Section 810.02(2)(c), relating to specified burglary of
627 a dwelling or structure.
628 20. Chapter 812, relating to theft, robbery, and related
629 crimes.
630 21. Chapter 815, relating to computer-related crimes.
631 22. Chapter 817, relating to fraudulent practices, false
632 pretenses, fraud generally, and credit card crimes.
633 23. Section 827.071, relating to commercial sexual
634 exploitation of children.
635 24. Chapter 831, relating to forgery and counterfeiting.
636 25. Chapter 832, relating to issuance of worthless checks
637 and drafts.
638 26. Section 836.05, relating to extortion.
639 27. Chapter 837, relating to perjury.
640 28. Chapter 838, relating to bribery and misuse of public
641 office.
642 29. Chapter 843, relating to obstruction of justice.
643 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
644 s. 847.07, relating to obscene literature and profanity.
645 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
646 849.25, relating to gambling.
647 32. Chapter 893, relating to drug abuse prevention and
648 control.
649 33. Section 914.22 or s. 914.23, relating to witnesses,
650 victims, or informants.
651 34. Section 918.12 or s. 918.13, relating to tampering with
652 jurors and evidence.
653 (2) “Unlawful debt” means any money or other thing of value
654 constituting principal or interest of a debt that is legally
655 unenforceable in this state in whole or in part because the debt
656 was incurred or contracted:
657 (a) In violation of any one of the following provisions of
658 law:
659 1. Section 550.235 or s. 550.3551, relating to dogracing
660 and horseracing.
661 2. Chapter 550, relating to jai alai frontons.
662 3. Section 687.071, relating to criminal usury and loan
663 sharking.
664 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
665 849.25, relating to gambling.
666 Section 13. Paragraph (a) of subsection (12) of section
667 895.02, Florida Statutes, is amended to read:
668 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
669 (12) “Unlawful debt” means any money or other thing of
670 value constituting principal or interest of a debt that is
671 legally unenforceable in this state in whole or in part because
672 the debt was incurred or contracted:
673 (a) In violation of any one of the following provisions of
674 law:
675 1. Section 550.235 or s. 550.3551, relating to dogracing
676 and horseracing.
677 2. Chapter 550, relating to jai alai frontons.
678 3. Section 551.109, relating to slot machine gaming.
679 4. Chapter 687, relating to interest and usury.
680 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
681 849.25, relating to gambling.
682 Section 14. This act shall take effect July 1, 2024.
683
684 ================= T I T L E A M E N D M E N T ================
685 And the title is amended as follows:
686 Delete everything before the enacting clause
687 and insert:
688 A bill to be entitled
689 An act relating to gaming control; amending s. 843.08,
690 F.S.; prohibiting a person from falsely personating
691 any personnel or representative from the Florida
692 Gaming Control Commission; providing a criminal
693 penalty; amending s. 849.01, F.S.; specifying a
694 violation of the prohibition against keeping a
695 gambling house must be committed knowingly; increasing
696 the criminal penalty for a violation; amending s.
697 849.15, F.S.; providing definitions; increasing the
698 criminal penalty for specified violations involving a
699 slot machine or device; creating s. 849.155, F.S.;
700 prohibiting a person from trafficking in slot machines
701 or devices; providing a criminal penalty; requiring a
702 court to order an offender to pay a specified fine if
703 he or she is convicted of trafficking in a specified
704 number of slot machines or devices; providing for
705 deposit of fines collected and use of proceeds;
706 creating s. 849.157, F.S.; prohibiting a person from
707 making false statements or disseminating false
708 information regarding the legality of a slot machine
709 or device to facilitate the sale or delivery of such
710 device; providing criminal penalties; repealing s.
711 849.23, F.S., relating to penalties for specified
712 violations; creating s. 849.47, F.S.; prohibiting a
713 person from, for profit or hire, transporting or
714 procuring the transportation of a specified number of
715 other persons to facilitate illegal gambling;
716 providing criminal penalties; defining the term
717 “illegal gambling”; creating s. 849.48, F.S.;
718 prohibiting a person from making or disseminating
719 specified advertisements to promote or facilitate
720 illegal gambling; prohibiting activities for creation
721 of specified advertisements if a person knows or
722 reasonably should know such material will be used to
723 promote or facilitate illegal gambling; providing a
724 criminal penalty; providing an exception; defining the
725 term “illegal gambling”; creating s. 849.49, F.S.;
726 specifying that the regulation of gambling is
727 expressly preempted to the state; providing an
728 exception; amending s. 903.046, F.S.; requiring a
729 court to consider the amount of currency seized that
730 is connected to specified violations relating to
731 illegal gambling when determining bail; amending s.
732 921.0022, F.S.; ranking offenses created by the act on
733 the offense severity ranking chart of the Criminal
734 Punishment Code; re-ranking specified offenses on the
735 offense severity ranking chart of the Criminal
736 Punishment Code; conforming provisions to changes made
737 by the act; amending ss. 772.102 and 895.02, F.S.;
738 conforming provisions to changes made by the act;
739 providing an effective date.