Florida Senate - 2024 CS for CS for SB 1046
By the Committee on Fiscal Policy; the Appropriations Committee
on Agriculture, Environment, and General Government; and Senator
Martin
594-03643-24 20241046c2
1 A bill to be entitled
2 An act relating to gaming control; amending s. 843.08,
3 F.S.; prohibiting a person from falsely personating
4 any personnel or representative from the Florida
5 Gaming Control Commission; providing a criminal
6 penalty; amending s. 849.01, F.S.; specifying that a
7 violation of the prohibition against keeping a
8 gambling house must be committed knowingly; increasing
9 the criminal penalty for a violation; amending s.
10 849.15, F.S.; providing definitions; increasing the
11 criminal penalty for specified violations involving a
12 slot machine or device; creating s. 849.155, F.S.;
13 prohibiting a person from trafficking in slot machines
14 or devices; providing a criminal penalty; requiring a
15 court to order an offender to pay a specified fine if
16 he or she is convicted of trafficking in a specified
17 number of slot machines or devices; providing for
18 deposit of fines collected and use of proceeds;
19 creating s. 849.157, F.S.; prohibiting a person from
20 making false statements or disseminating false
21 information regarding the legality of a slot machine
22 or device to facilitate the sale or delivery of such
23 device; providing criminal penalties; repealing s.
24 849.23, F.S., relating to penalties for specified
25 violations; creating s. 849.47, F.S.; prohibiting a
26 person from, for profit or hire, transporting or
27 procuring the transportation of a specified number of
28 other persons to facilitate illegal gambling;
29 providing criminal penalties; defining the term
30 “illegal gambling”; creating s. 849.48, F.S.;
31 prohibiting a person from making or disseminating
32 specified advertisements to promote or facilitate
33 illegal gambling; prohibiting activities for creation
34 of specified advertisements if a person knows or
35 reasonably should know such material will be used to
36 promote or facilitate illegal gambling; providing a
37 criminal penalty; providing an exception; defining the
38 term “illegal gambling”; creating s. 849.49, F.S.;
39 specifying that the regulation of gambling is
40 expressly preempted to the state; providing an
41 exception; amending s. 903.046, F.S.; requiring a
42 court to consider the amount of currency seized that
43 is connected to specified violations relating to
44 illegal gambling when determining bail; amending s.
45 921.0022, F.S.; ranking offenses created by the act on
46 the offense severity ranking chart of the Criminal
47 Punishment Code; reranking specified offenses on the
48 offense severity ranking chart of the Criminal
49 Punishment Code; conforming provisions to changes made
50 by the act; amending ss. 772.102 and 895.02, F.S.;
51 conforming provisions to changes made by the act;
52 providing an effective date.
53
54 Be It Enacted by the Legislature of the State of Florida:
55
56 Section 1. Section 843.08, Florida Statutes, is amended to
57 read:
58 843.08 False personation.—A person who falsely assumes or
59 pretends to be a firefighter, a sheriff, an officer of the
60 Florida Highway Patrol, an officer of the Fish and Wildlife
61 Conservation Commission, an officer of the Department of
62 Environmental Protection, an officer of the Department of
63 Financial Services, any personnel or representative of the
64 Division of Investigative and Forensic Services, any personnel
65 or representative of the Florida Gaming Control Commission, an
66 officer of the Department of Corrections, a correctional
67 probation officer, a deputy sheriff, a state attorney or an
68 assistant state attorney, a statewide prosecutor or an assistant
69 statewide prosecutor, a state attorney investigator, a coroner,
70 a police officer, a lottery special agent or lottery
71 investigator, a beverage enforcement agent, a school guardian as
72 described in s. 30.15(1)(k), a security officer licensed under
73 chapter 493, any member of the Florida Commission on Offender
74 Review or any administrative aide or supervisor employed by the
75 commission, any personnel or representative of the Department of
76 Law Enforcement, or a federal law enforcement officer as defined
77 in s. 901.1505, and takes upon himself or herself to act as
78 such, or to require any other person to aid or assist him or her
79 in a matter pertaining to the duty of any such officer, commits
80 a felony of the third degree, punishable as provided in s.
81 775.082, s. 775.083, or s. 775.084. However, a person who
82 falsely personates any such officer during the course of the
83 commission of a felony commits a felony of the second degree,
84 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
85 If the commission of the felony results in the death or personal
86 injury of another human being, the person commits a felony of
87 the first degree, punishable as provided in s. 775.082, s.
88 775.083, or s. 775.084. In determining whether a defendant has
89 violated this section, the court or jury may consider any
90 relevant evidence, including, but not limited to, whether the
91 defendant used lights in violation of s. 316.2397 or s. 843.081.
92 Section 2. Section 849.01, Florida Statutes, is amended to
93 read:
94 849.01 Keeping gambling houses, etc.—Whoever by herself or
95 himself, her or his servant, clerk or agent, or in any other
96 manner knowingly has, keeps, exercises or maintains a gaming
97 table or room, or gaming implements or apparatus, or house,
98 booth, tent, shelter or other place for the purpose of gaming or
99 gambling or in any place of which she or he may directly or
100 indirectly have charge, control or management, either
101 exclusively or with others, procures, suffers or permits any
102 person to play for money or other valuable thing at any game
103 whatever, whether heretofore prohibited or not, commits a felony
104 of the third misdemeanor of the second degree, punishable as
105 provided in s. 775.082, or s. 775.083, or 775.084.
106 Section 3. Section 849.15, Florida Statutes, is amended to
107 read:
108 849.15 Manufacture, sale, possession, etc., of slot
109 machines or devices prohibited.—
110 (1) As used in this section the term:
111 (a) “Conviction” means a determination of guilt that is the
112 result of a plea or a trial, regardless of whether adjudication
113 is withheld or a plea of nolo contendere is entered.
114 (b) “Manager” means a person who, at any business,
115 establishment, premises, or other location at which a slot
116 machine or device is offered for play, has:
117 1. Authorization to operate or hold open the business,
118 establishment, premises, or other location without any other
119 employee present;
120 2. Authorization to supervise another employee or
121 employees; or
122 3. Any ownership interest in the business, establishment,
123 premises, or other location.
124 (2)(1) It is unlawful:
125 (a) To manufacture, own, store, keep, possess, sell, rent,
126 lease, let on shares, lend or give away, transport, or expose
127 for sale or lease, or to offer to sell, rent, lease, let on
128 shares, lend or give away, or permit the operation of, or for
129 any person to permit to be placed, maintained, or used or kept
130 in any room, space, or building owned, leased or occupied by the
131 person or under the person’s management or control, any slot
132 machine or device or any part thereof; or
133 (b) To make or to permit to be made with any person any
134 agreement with reference to any slot machine or device, pursuant
135 to which the user thereof, as a result of any element of chance
136 or other outcome unpredictable to him or her, may become
137 entitled to receive any money, credit, allowance, or thing of
138 value or additional chance or right to use such machine or
139 device, or to receive any check, slug, token or memorandum
140 entitling the holder to receive any money, credit, allowance or
141 thing of value.
142 (3)(a) Except as provided in paragraphs (b) and (c), a
143 person who violates subsection (2) commits a misdemeanor of the
144 first degree, punishable as provided in s. 775.082 or s.
145 775.083.
146 (b) A person commits a felony of the third degree,
147 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
148 if he or she violates subsection (2) and:
149 1. At the time of the violation the person is knowingly
150 acting as a manager; or
151 2. Has one prior conviction for a violation of this
152 section.
153 (c) A person commits a felony of the second degree,
154 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
155 if he or she violates subsection (2) and:
156 1.a. At the time of the violation the person is knowingly
157 acting as a manager; and
158 b. The violation involves five or more slot machines or
159 devices; or
160 2. Has two or more prior convictions for a violation of
161 this section.
162 (4)(2) Pursuant to section 2 of that chapter of the
163 Congress of the United States entitled “An act to prohibit
164 transportation of gaming devices in interstate and foreign
165 commerce,” approved January 2, 1951, being ch. 1194, 64 Stat.
166 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
167 of Florida, acting by and through the duly elected and qualified
168 members of its Legislature, does hereby in this section, and in
169 accordance with and in compliance with the provisions of section
170 2 of such chapter of Congress, declare and proclaim that any
171 county of the State of Florida within which slot machine gaming
172 is authorized pursuant to chapter 551 is exempt from the
173 provisions of section 2 of that chapter of the Congress of the
174 United States entitled “An act to prohibit transportation of
175 gaming devices in interstate and foreign commerce,” designated
176 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
177 shipments of gaming devices, including slot machines, into any
178 county of this state within which slot machine gaming is
179 authorized pursuant to chapter 551 and the registering,
180 recording, and labeling of which have been duly performed by the
181 manufacturer or distributor thereof in accordance with sections
182 3 and 4 of that chapter of the Congress of the United States
183 entitled “An act to prohibit transportation of gaming devices in
184 interstate and foreign commerce,” approved January 2, 1951,
185 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
186 ss. 1171-1177, shall be deemed legal shipments thereof into this
187 state provided the destination of such shipments is an eligible
188 facility as defined in s. 551.102 or the facility of a slot
189 machine manufacturer or slot machine distributor as provided in
190 s. 551.109(2)(a).
191 Section 4. Section 849.155, Florida Statutes, is created to
192 read:
193 849.155 Trafficking in slot machines or devices or any
194 parts thereof.—Any person who knowingly sells, purchases,
195 manufactures, transports, delivers, or brings into this state
196 more than 15 slot machines or devices or any part thereof
197 commits a felony of the first degree, punishable as provided in
198 s. 775.082, s. 775.083, or s. 775.084. If the quantity of slot
199 machines or devices or any part thereof involved:
200 (1) Is more than 15 slot machines or devices or any part
201 thereof, but less than 25 slot machines or devices or any part
202 thereof, such person must be ordered to pay a fine of $100,000.
203 (2) Is 25 slot machines or devices or any part thereof or
204 more, but less than 50 slot machines or devices or any part
205 thereof, such person must be ordered to pay a fine of $250,000.
206 (3) Is 50 slot machines or devices or any part thereof or
207 more, such person must be ordered to pay a fine of $500,000.
208
209 All fines imposed and collected pursuant to this section must be
210 deposited into the Pari-mutuel Wagering Trust Fund and may be
211 used for the enforcement of chapters 546, 550, 551, and this
212 chapter by the Florida Gaming Control Commission.
213 Section 5. Section 849.157, Florida Statutes, is created to
214 read:
215 849.157 Making a false or misleading statement regarding
216 the legality of slot machines or devices to facilitate sale.—
217 (1) Except as provided in subsection (2), a person who
218 knowingly and willfully makes a materially false or misleading
219 statement or who knowingly and willfully disseminates false or
220 misleading information regarding the legality of a slot machine
221 or device for the purpose of facilitating the sale or delivery
222 of a slot machine or device for any money or other valuable
223 consideration commits a felony of the third degree, punishable
224 as provided in s. 775.082, s. 775.083, or s. 775.084.
225 (2) A person who violates subsection (1) when such a
226 violation involves the sale or delivery, or attempted sale or
227 delivery, of five or more slot machines or devices commits a
228 felony of the second degree, punishable as provided in s.
229 775.082, s. 775.083, or s. 775.084.
230 Section 6. Section 849.23, Florida Statutes, is repealed.
231 Section 7. Section 849.47, Florida Statutes, is created to
232 read:
233 849.47 Transporting or procuring the transportation of
234 persons to facilitate illegal gambling.—
235 (1) Except as provided in subsection (2), a person who
236 knowingly and willfully for profit or hire transports, or
237 procures the transportation of, five or more other persons into
238 or within this state when he or she knows or reasonably should
239 know such transportation is for the purpose of facilitating
240 illegal gambling commits a misdemeanor of the first degree,
241 punishable as provided in s. 775.082 or s. 775.083.
242 (2)(a) A person who transports, or procures the
243 transportation of, a minor or a person 65 years of age or older
244 in violation of subsection (1) commits a felony of the third
245 degree, punishable as provided in s. 775.082, s. 775.083, or s.
246 775.084.
247 (b) A person who transports, or procures the transportation
248 of, 12 or more persons in violation of subsection (1) commits a
249 felony of the third degree, punishable as provided in s.
250 775.082, s. 775.083, or s. 775.084.
251 (3) As used in this section, the term “illegal gambling”
252 means any criminal violation of chapter 546, chapter 550,
253 chapter 551, or this chapter that occurs at any business,
254 establishment, premises, or other location which operates for
255 profit.
256 Section 8. Section 849.48, Florida Statutes, is created to
257 read:
258 849.48 Gambling or gaming advertisements; prohibited.—
259 (1)(a) Except as otherwise specifically authorized by law,
260 a person may not knowingly and intentionally make, publish,
261 disseminate, circulate or place before the public, or cause,
262 directly or indirectly, to be made, published, disseminated or
263 circulated or placed before the public in this state, in any
264 manner, any advertisement, circular, bill, poster, pamphlet,
265 list, schedule, announcement, or notice for the purpose of
266 promoting or facilitating illegal gambling.
267 (b) Except as otherwise specifically authorized by law, a
268 person may not set up any type or plate for any type of
269 advertisement, circular, bill, poster, pamphlet, list, schedule,
270 announcement, or notice when he or she knows or reasonably
271 should know that such material will be used for the purpose of
272 promoting or facilitating illegal gambling.
273 (2) A person who violates subsection (1) commits a
274 misdemeanor of the first degree, punishable as provided in s.
275 775.082 or s. 775.083.
276 (3) This section does not prohibit the printing or
277 producing of any advertisement, circular, bill, poster,
278 pamphlet, list, schedule, announcement, or notice to be used for
279 the purpose of promoting or facilitating gambling conducted in
280 any other state or nation, outside of this state, where such
281 gambling is not prohibited.
282 (4) As used in this section, the term “illegal gambling”
283 means any criminal violation of chapter 546, chapter 550,
284 chapter 551, or this chapter which occurs at any business,
285 establishment, premises, or other location that operates for
286 profit.
287 Section 9. Section 849.49, Florida Statutes, is created to
288 read:
289 849.49 Preemption.—No county, municipality, or other
290 political subdivision of the state shall enact or enforce any
291 ordinance or local rule relating to gaming, gambling, lotteries,
292 or any activities described in s. 546.10 or this chapter, except
293 as otherwise expressly provided by the State Constitution,
294 general law, or special law.
295 Section 10. Present paragraphs (i) through (m) of
296 subsection (2) of section 903.046, Florida Statutes, are
297 redesignated as paragraphs (j) through (n), respectively, and a
298 new paragraph (i) is added to that subsection, to read:
299 903.046 Purpose of and criteria for bail determination.—
300 (2) When determining whether to release a defendant on bail
301 or other conditions, and what that bail or those conditions may
302 be, the court shall consider:
303 (i) The amount of currency seized that is connected to or
304 involved in a violation of chapter 546, chapter 550, chapter
305 551, or chapter 849.
306 Section 11. Paragraphs (a), (c), (e), and (g) of subsection
307 (3) of section 921.0022, Florida Statutes, are amended to read:
308 921.0022 Criminal Punishment Code; offense severity ranking
309 chart.—
310 (3) OFFENSE SEVERITY RANKING CHART
311 (a) LEVEL 1
312
313 FloridaStatute FelonyDegree Description
314 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
315 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
316 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
317 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
318 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
319 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
320 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
321 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
322 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
323 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
324 322.212(5)(a) 3rd False application for driver license or identification card.
325 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
326 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
327 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
328 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
329 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
330 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
331 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
332 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
333 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
334 826.01 3rd Bigamy.
335 828.122(3) 3rd Fighting or baiting animals.
336 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
337 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
338 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
339 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
340 838.15(2) 3rd Commercial bribe receiving.
341 838.16 3rd Commercial bribery.
342 843.18 3rd Fleeing by boat to elude a law enforcement officer.
343 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
344 849.09(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.
345 849.23 3rd Gambling-related machines; “common offender” as to property rights.
346 849.25(2) 3rd Engaging in bookmaking.
347 860.08 3rd Interfere with a railroad signal.
348 860.13(1)(a) 3rd Operate aircraft while under the influence.
349 893.13(2)(a)2. 3rd Purchase of cannabis.
350 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
351 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
352 (c) LEVEL 3
353
354 FloridaStatute FelonyDegree Description
355 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
356 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
357 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
358 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
359 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
360 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
361 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
362 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
363 327.35(2)(b) 3rd Felony BUI.
364 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
365 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
366 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
367 379.2431 (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.
368 379.2431 (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.
369 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
370 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
371 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
372 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
373 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
374 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
375 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
376 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
377 697.08 3rd Equity skimming.
378 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
379 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
380 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
381 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
382 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
383 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
384 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
385 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
386 812.081(2) 3rd Theft of a trade secret.
387 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
388 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
389 817.233 3rd Burning to defraud insurer.
390 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
391 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
392 817.236 3rd Filing a false motor vehicle insurance application.
393 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
394 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
395 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
396 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
397 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
398 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
399 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
400 849.01 3rd Keeping a gambling house.
401 849.09(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
402 849.09(1)(e), (f), (g), (i), or (k) 3rd Conducting an unlawful lottery; second or subsequent offense.
403 849.09(1)(h) or (j) 3rd Conducting an unlawful lottery; second or subsequent offense.
404 849.15(3)(b) 3rd Manufacture, sale, or possession of slot machine; by manager or with prior conviction.
405 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices.
406 849.25(2) 3rd Engaging in bookmaking.
407 849.47(2)(a) & (b) 3rd Transporting persons to facilitate illegal gambling; minor or person 65 years of age or older or 12 or more persons.
408 860.15(3) 3rd Overcharging for repairs and parts.
409 870.01(2) 3rd Riot.
410 870.01(4) 3rd Inciting a riot.
411 893.13(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).
412 893.13(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.
413 893.13(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.
414 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
415 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
416 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
417 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
418 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
419 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
420 893.13(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.
421 893.13(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.
422 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
423 893.13(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.
424 918.13(1) 3rd Tampering with or fabricating physical evidence.
425 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
426 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
427 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
428 (e) LEVEL 5
429
430 FloridaStatute FelonyDegree Description
431 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
432 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
433 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
434 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
435 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
436 379.365(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.
437 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
438 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
439 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
440 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
441 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
442 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
443 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
444 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
445 790.01(3) 3rd Unlawful carrying of a concealed firearm.
446 790.162 2nd Threat to throw or discharge destructive device.
447 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
448 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
449 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
450 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
451 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
452 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
453 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
454 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
455 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
456 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
457 812.019(1) 2nd Stolen property; dealing in or trafficking in.
458 812.081(3) 2nd Trafficking in trade secrets.
459 812.131(2)(b) 3rd Robbery by sudden snatching.
460 812.16(2) 3rd Owning, operating, or conducting a chop shop.
461 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
462 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
463 817.2341(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.
464 817.568(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.
465 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
466 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
467 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
468 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
469 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
470 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
471 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
472 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
473 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
474 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
475 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
476 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
477 849.15(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.
478 849.157(2) 2nd False or misleading statement to facilitate sale of slot machines or devices; five or more machines.
479 849.25(3) 2nd Bookmaking; second or subsequent offense.
480 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
481 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
482 893.13(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).
483 893.13(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.
484 893.13(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.
485 893.13(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.
486 893.13(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.
487 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
488 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
489 (g) LEVEL 7
490
491 FloridaStatute FelonyDegree Description
492 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
493 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
494 316.1935(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.
495 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
496 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
497 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
498 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
499 456.065(2) 3rd Practicing a health care profession without a license.
500 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
501 458.327(1) 3rd Practicing medicine without a license.
502 459.013(1) 3rd Practicing osteopathic medicine without a license.
503 460.411(1) 3rd Practicing chiropractic medicine without a license.
504 461.012(1) 3rd Practicing podiatric medicine without a license.
505 462.17 3rd Practicing naturopathy without a license.
506 463.015(1) 3rd Practicing optometry without a license.
507 464.016(1) 3rd Practicing nursing without a license.
508 465.015(2) 3rd Practicing pharmacy without a license.
509 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
510 467.201 3rd Practicing midwifery without a license.
511 468.366 3rd Delivering respiratory care services without a license.
512 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
513 483.901(7) 3rd Practicing medical physics without a license.
514 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
515 484.053 3rd Dispensing hearing aids without a license.
516 494.0018(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.
517 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
518 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
519 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
520 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
521 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
522 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
523 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
524 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
525 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
526 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
527 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
528 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
529 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
530 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
531 784.048(7) 3rd Aggravated stalking; violation of court order.
532 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
533 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
534 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
535 784.081(1) 1st Aggravated battery on specified official or employee.
536 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
537 784.083(1) 1st Aggravated battery on code inspector.
538 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
539 787.06(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.
540 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
541 790.16(1) 1st Discharge of a machine gun under specified circumstances.
542 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
543 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
544 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
545 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
546 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
547 794.08(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.
548 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
549 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
550 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
551 800.04(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.
552 800.04(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.
553 806.01(2) 2nd Maliciously damage structure by fire or explosive.
554 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
555 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
556 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
557 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
558 812.014(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.
559 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
560 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
561 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
562 812.014(2)(f) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
563 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
564 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
565 812.131(2)(a) 2nd Robbery by sudden snatching.
566 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
567 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
568 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
569 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
570 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
571 817.2341 (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.
572 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
573 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
574 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
575 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
576 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
577 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
578 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
579 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
580 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
581 838.015 2nd Bribery.
582 838.016 2nd Unlawful compensation or reward for official behavior.
583 838.021(3)(a) 2nd Unlawful harm to a public servant.
584 838.22 2nd Bid tampering.
585 843.0855(2) 3rd Impersonation of a public officer or employee.
586 843.0855(3) 3rd Unlawful simulation of legal process.
587 843.0855(4) 3rd Intimidation of a public officer or employee.
588 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
589 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
590 849.155 1st Trafficking in slot machines or devices or any part thereof.
591 872.06 2nd Abuse of a dead human body.
592 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
593 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
594 893.13(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.
595 893.13(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.
596 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
597 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
598 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
599 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
600 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
601 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
602 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
603 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
604 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
605 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
606 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
607 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
608 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
609 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
610 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
611 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
612 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
613 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
614 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
615 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
616 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
617 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
618 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
619 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
620 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
621 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
622 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
623 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
624 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
625 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
626 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
627 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
628 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
629 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
630 Section 12. Paragraph (a) of subsection (1) and paragraph
631 (a) of subsection (2) of section 772.102, Florida Statutes, are
632 amended to read:
633 772.102 Definitions.—As used in this chapter, the term:
634 (1) “Criminal activity” means to commit, to attempt to
635 commit, to conspire to commit, or to solicit, coerce, or
636 intimidate another person to commit:
637 (a) Any crime that is chargeable by indictment or
638 information under the following provisions:
639 1. Section 210.18, relating to evasion of payment of
640 cigarette taxes.
641 2. Section 414.39, relating to public assistance fraud.
642 3. Section 440.105 or s. 440.106, relating to workers’
643 compensation.
644 4. Part IV of chapter 501, relating to telemarketing.
645 5. Chapter 517, relating to securities transactions.
646 6. Section 550.235 or s. 550.3551, relating to dogracing
647 and horseracing.
648 7. Chapter 550, relating to jai alai frontons.
649 8. Chapter 552, relating to the manufacture, distribution,
650 and use of explosives.
651 9. Chapter 562, relating to beverage law enforcement.
652 10. Section 624.401, relating to transacting insurance
653 without a certificate of authority, s. 624.437(4)(c)1., relating
654 to operating an unauthorized multiple-employer welfare
655 arrangement, or s. 626.902(1)(b), relating to representing or
656 aiding an unauthorized insurer.
657 11. Chapter 687, relating to interest and usurious
658 practices.
659 12. Section 721.08, s. 721.09, or s. 721.13, relating to
660 real estate timeshare plans.
661 13. Chapter 782, relating to homicide.
662 14. Chapter 784, relating to assault and battery.
663 15. Chapter 787, relating to kidnapping or human
664 trafficking.
665 16. Chapter 790, relating to weapons and firearms.
666 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
667 relating to prostitution.
668 18. Chapter 806, relating to arson.
669 19. Section 810.02(2)(c), relating to specified burglary of
670 a dwelling or structure.
671 20. Chapter 812, relating to theft, robbery, and related
672 crimes.
673 21. Chapter 815, relating to computer-related crimes.
674 22. Chapter 817, relating to fraudulent practices, false
675 pretenses, fraud generally, and credit card crimes.
676 23. Section 827.071, relating to commercial sexual
677 exploitation of children.
678 24. Chapter 831, relating to forgery and counterfeiting.
679 25. Chapter 832, relating to issuance of worthless checks
680 and drafts.
681 26. Section 836.05, relating to extortion.
682 27. Chapter 837, relating to perjury.
683 28. Chapter 838, relating to bribery and misuse of public
684 office.
685 29. Chapter 843, relating to obstruction of justice.
686 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
687 s. 847.07, relating to obscene literature and profanity.
688 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
689 849.25, relating to gambling.
690 32. Chapter 893, relating to drug abuse prevention and
691 control.
692 33. Section 914.22 or s. 914.23, relating to witnesses,
693 victims, or informants.
694 34. Section 918.12 or s. 918.13, relating to tampering with
695 jurors and evidence.
696 (2) “Unlawful debt” means any money or other thing of value
697 constituting principal or interest of a debt that is legally
698 unenforceable in this state in whole or in part because the debt
699 was incurred or contracted:
700 (a) In violation of any one of the following provisions of
701 law:
702 1. Section 550.235 or s. 550.3551, relating to dogracing
703 and horseracing.
704 2. Chapter 550, relating to jai alai frontons.
705 3. Section 687.071, relating to criminal usury and loan
706 sharking.
707 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
708 849.25, relating to gambling.
709 Section 13. Paragraph (a) of subsection (12) of section
710 895.02, Florida Statutes, is amended to read:
711 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
712 (12) “Unlawful debt” means any money or other thing of
713 value constituting principal or interest of a debt that is
714 legally unenforceable in this state in whole or in part because
715 the debt was incurred or contracted:
716 (a) In violation of any one of the following provisions of
717 law:
718 1. Section 550.235 or s. 550.3551, relating to dogracing
719 and horseracing.
720 2. Chapter 550, relating to jai alai frontons.
721 3. Section 551.109, relating to slot machine gaming.
722 4. Chapter 687, relating to interest and usury.
723 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
724 849.25, relating to gambling.
725 Section 14. This act shall take effect July 1, 2024.