Florida Senate - 2025 SB 1404
By Senator Simon
3-00776A-25 20251404__
1 A bill to be entitled
2 An act relating to gambling; amending s. 16.71, F.S.;
3 deleting obsolete provisions; deleting language
4 concerning factors to be considered in appointments to
5 the Florida Gaming Control Commission; amending s.
6 551.104, F.S.; revising hiring and procurement policy
7 and reporting requirements for slot machine gaming
8 licensure; amending s. 838.12, F.S.; prohibiting
9 betting on athletic contests with knowledge that the
10 results are prearranged or predetermined; providing
11 criminal penalties; amending s. 843.08, F.S.;
12 prohibiting false personation of personnel of the
13 Florida Gaming Control Commission; providing criminal
14 penalties; amending s. 849.01, F.S.; revising criminal
15 penalties for offenses involving keeping a gambling
16 house; amending s. 849.02, F.S.; increasing criminal
17 penalties for specified offenses by agents or
18 employees of a keeper of a gambling house; amending s.
19 849.03, F.S.; revising criminal penalties for offenses
20 involving renting a house for gambling purposes;
21 amending s. 849.08, F.S.; defining the terms “Internet
22 gambling” and “Internet sports wagering”; prohibiting
23 Internet gambling and Internet sports wagering and
24 related offenses; providing criminal penalties;
25 providing an exception; amending s. 849.086, F.S.;
26 prohibiting specified actions relating to manipulation
27 of card games; providing criminal penalties; amending
28 s. 849.11, F.S.; prohibiting certain offenses related
29 to games of chance involving the Internet; providing
30 criminal penalties; amending s. 849.13, F.S.;
31 providing enhanced criminal penalties for second or
32 subsequent violations of certain provisions; amending
33 s. 849.14, F.S.; revising the criminal penalties for
34 betting or wagering on certain activities; amending s.
35 849.15, F.S.; providing definitions; providing
36 criminal penalties for specified offenses relating to
37 the manufacture, possession, and sale of slot machines
38 or devices; creating s. 849.155, F.S.; prohibiting
39 trafficking in slot machines, devices, or parts
40 thereof; providing criminal penalties; providing for
41 the deposit of fines into a specified trust fund for
42 specified purposes; creating s. 849.157, F.S.;
43 prohibiting the making of a false or misleading
44 statement regarding the legality of slot machines or
45 devices for specified purposes; providing criminal
46 penalties; repealing s. 849.23, F.S., relating to
47 penalties for violations of specified sections;
48 creating s. 849.47, F.S.; defining the term “illegal
49 gambling”; prohibiting the transportation of specified
50 numbers of persons, persons of certain ages, or a
51 certain number of persons for the purpose of
52 facilitating illegal gambling; providing criminal
53 penalties; creating s. 849.48, F.S.; defining the term
54 “illegal gambling”; prohibiting specified gambling or
55 gaming advertisements; providing criminal penalties;
56 providing construction; creating s. 849.49, F.S.;
57 preempting to the state the regulation of gaming,
58 gambling, lotteries, or any activities described in
59 specified provisions; amending s. 903.046, F.S.;
60 providing for consideration of the amount of currency
61 seized connected to or involved in specified gambling
62 or gaming offenses when determining whether to release
63 a defendant prior to trial; amending s. 921.0022,
64 F.S.; ranking offenses for purposes of the offense
65 severity ranking chart of the Criminal Punishment
66 Code; amending ss. 772.102 and 895.02, F.S.;
67 conforming provisions to changes made by the act;
68 providing an effective date.
69
70 Be It Enacted by the Legislature of the State of Florida:
71
72 Section 1. Paragraph (a) of subsection (2) of section
73 16.71, Florida Statutes, is amended to read:
74 16.71 Florida Gaming Control Commission; creation;
75 meetings; membership.—
76 (2) MEMBERSHIP.—
77 (a) The commission shall consist of five members appointed
78 by the Governor, and subject to confirmation by the Senate, for
79 terms of 4 years. Members of the commission must be appointed by
80 January 1, 2022. The Governor shall consider appointees who
81 reflect Florida’s racial, ethnic, and gender diversity. Of the
82 initial five members appointed by the Governor, and immediately
83 upon appointment, the Governor shall appoint one of the members
84 as the initial chair and one of the members as the initial vice
85 chair. At the end of the initial chair’s and vice chair’s terms
86 pursuant to subparagraph 1., the commission shall elect one of
87 the members of the commission as chair and one of the members of
88 the commission as vice chair.
89 1. For the purpose of providing staggered terms, of the
90 initial appointments, two members shall be appointed to 4-year
91 terms, two members shall be appointed to 3-year terms, and one
92 member shall be appointed to a 2-year term.
93 2. Of the five members, at least one member must have at
94 least 10 years of experience in law enforcement and criminal
95 investigations, at least one member must be a certified public
96 accountant licensed in this state with at least 10 years of
97 experience in accounting and auditing, and at least one member
98 must be an attorney admitted and authorized to practice law in
99 this state for at least the preceding 10 years.
100 Section 2. Paragraph (i) of subsection (4) of section
101 551.104, Florida Statutes, is amended to read:
102 551.104 License to conduct slot machine gaming.—
103 (4) As a condition of licensure and to maintain continued
104 authority for the conduct of slot machine gaming, the slot
105 machine licensee shall:
106 (i) Create and file with the commission a written policy
107 for:
108 1. Creating opportunities to purchase from vendors in this
109 state, including minority vendors.
110 2. Creating opportunities for employment of residents of
111 this state, including minority residents.
112 3. Ensuring opportunities for construction services from a
113 small business as defined in s. 288.703 minority contractors.
114 4. Ensuring that opportunities for employment are offered
115 on an equal, nondiscriminatory basis.
116 5. Training for employees on responsible gaming and working
117 with a compulsive or addictive gambling prevention program to
118 further its purposes as provided for in s. 551.118.
119 6. The implementation of a drug-testing program that
120 includes, but is not limited to, requiring each employee to sign
121 an agreement that he or she understands that the slot machine
122 facility is a drug-free workplace.
123
124 The slot machine licensee shall use the Internet-based job
125 listing system of the Department of Commerce in advertising
126 employment opportunities. Each slot machine licensee shall
127 provide an annual report to the Florida Gaming Control
128 Commission containing information indicating compliance with
129 this paragraph in regard to minority persons.
130 Section 3. Section 838.12, Florida Statutes, is amended, to
131 read:
132 838.12 Bribery in athletic contests.—
133 (1) Whoever gives, promises, offers or conspires to give,
134 promise or offer, to anyone who participates or expects to
135 participate in any professional or amateur game, contest, match,
136 race or sport; or to any umpire, referee, judge or other
137 official of such game, contest, match, race or sport; or to any
138 owner, manager, coach or trainer of, or to any relative of, or
139 to any person having any direct, indirect, remote or possible
140 connection with, any team, individual, participant or
141 prospective participant in any such professional or amateur
142 game, contest, match, race or sport, or the officials aforesaid,
143 any bribe, money, goods, present, reward or any valuable thing
144 whatsoever, or any promise, contract or agreement whatsoever,
145 with intent to influence him or her or them to lose or cause to
146 be lost any game, contest, match, race or sport, or to limit his
147 or her or their or any person’s or any team’s margin of victory
148 in any game, contest, match, race, or sport, or to fix or throw
149 any game, contest, match, race or sport, commits shall be guilty
150 of a felony of the third degree, punishable as provided in s.
151 775.082, s. 775.083, or s. 775.084.
152 (2) Any participant or prospective participant in any
153 professional or amateur game, contest, match, race or sport; or
154 any umpire, referee, judge or other official of such game,
155 contest, match, race or sport; or any owner, manager, coach or
156 trainer of, or any relative of, or any person having any direct,
157 indirect, remote or possible connection with, any team,
158 individual, participant or prospective participant in any such
159 professional or amateur game, contest, match, race or sport, or
160 the officials aforesaid; who in any way solicits, receives or
161 accepts, or agrees to receive or accept, or who conspires to
162 receive or accept, any bribe, money, goods, present, reward or
163 any valuable thing whatsoever, or any promise, contract or
164 agreement whatsoever, with intent to lose or cause to be lost
165 any game, contest, match, race or sport, or to limit his, her,
166 their or any person’s or any team’s margin of victory in any
167 game, contest, match, race or sport, or to fix or throw any
168 game, contest, match, race or sport, commits shall be guilty of
169 a felony of the third degree, punishable as provided in s.
170 775.082, s. 775.083, or s. 775.084.
171 (3) A person who stakes, bets, or wagers any money or other
172 thing of value upon the result of any professional or amateur
173 game, contest, match, race, or sport with knowledge that the
174 results of such professional or amateur game, contest, match,
175 race, or sport are prearranged or predetermined as described in
176 subsection (1) or subsection (2) commits a felony of the third
177 degree, punishable as provided in s. 775.082, s. 775.083, or s.
178 775.084.
179 Section 4. Section 843.08, Florida Statutes, is amended to
180 read:
181 843.08 False personation.—A person who falsely assumes or
182 pretends to be a firefighter, a sheriff, an officer of the
183 Florida Highway Patrol, an officer of the Fish and Wildlife
184 Conservation Commission, an officer of the Department of
185 Environmental Protection, an officer of the Department of
186 Financial Services, any personnel or representative of the
187 Division of Investigative and Forensic Services, any personnel
188 or representative of the Florida Gaming Control Commission, an
189 officer of the Department of Corrections, a correctional
190 probation officer, a deputy sheriff, a state attorney or an
191 assistant state attorney, a statewide prosecutor or an assistant
192 statewide prosecutor, a state attorney investigator, a coroner,
193 a police officer, a lottery special agent or lottery
194 investigator, a beverage enforcement agent, a school guardian as
195 described in s. 30.15(1)(k), a security officer licensed under
196 chapter 493, any member of the Florida Commission on Offender
197 Review or any administrative aide or supervisor employed by the
198 commission, any personnel or representative of the Department of
199 Law Enforcement, or a federal law enforcement officer as defined
200 in s. 901.1505, and takes upon himself or herself to act as
201 such, or to require any other person to aid or assist him or her
202 in a matter pertaining to the duty of any such officer, commits
203 a felony of the third degree, punishable as provided in s.
204 775.082, s. 775.083, or s. 775.084. However, a person who
205 falsely personates any such officer during the course of the
206 commission of a felony commits a felony of the second degree,
207 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
208 If the commission of the felony results in the death or personal
209 injury of another human being, the person commits a felony of
210 the first degree, punishable as provided in s. 775.082, s.
211 775.083, or s. 775.084. In determining whether a defendant has
212 violated this section, the court or jury may consider any
213 relevant evidence, including, but not limited to, whether the
214 defendant used lights in violation of s. 316.2397 or s. 843.081.
215 Section 5. Section 849.01, Florida Statutes, is amended to
216 read:
217 849.01 Keeping gambling houses, etc.—Whoever by herself or
218 himself, her or his servant, clerk or agent, or in any other
219 manner has, keeps, exercises or maintains a gaming table or
220 room, or gaming implements or apparatus, or house, booth, tent,
221 shelter or other place for the purpose of gaming or gambling or
222 in any place of which she or he may directly or indirectly have
223 charge, control or management, either exclusively or with
224 others, procures, suffers or permits any person to play for
225 money or other valuable thing at any game whatever, whether
226 heretofore prohibited or not, commits a felony misdemeanor of
227 the third second degree, punishable as provided in s. 775.082,
228 or s. 775.083, or s. 775.084.
229 Section 6. Section 849.02, Florida Statutes, is amended to
230 read:
231 849.02 Agents or employees of keeper of gambling house.—A
232 person who Whoever acts as servant, clerk, agent, or employee of
233 any person in the violation of s. 849.01 commits:
234 (1) For a first offense, a misdemeanor of the first degree,
235 punishable as provided in s. 775.082 or s. 775.083.
236 (2) For a second offense, a felony of the third degree,
237 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
238 (3) For a third or subsequent offense, a felony of the
239 second degree, punishable as provided in s. 775.082, s. 775.083,
240 or s. 775.084 shall be punished in the manner and to the extent
241 therein mentioned.
242 Section 7. Section 849.03, Florida Statutes, is amended to
243 read:
244 849.03 Renting house for gambling purposes.—A person who
245 Whoever, whether as owner or agent, knowingly rents to another a
246 house, room, booth, tent, shelter or place for the purpose of
247 gaming commits:
248 (1) For a first offense, a felony of the third degree,
249 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
250 shall be punished in the manner and to the extent mentioned in
251 s. 849.01.
252 (2) For a second or subsequent violation, a felony of the
253 second degree, punishable as provided in s. 775.082, s. 775.083,
254 or s. 775.084.
255 Section 8. Section 849.08, Florida Statutes, is amended to
256 read:
257 849.08 Gambling.—
258 (1) As used in this section, the term:
259 (a) “Internet gambling” means to play or engage in any game
260 in which money or other thing of value is awarded based on
261 chance, regardless of any application of skill, that is
262 available on the Internet and accessible on a mobile device,
263 computer terminal, or other similar access device and simulates
264 casino-style gaming, including, but not limited to, slot
265 machines, video poker, and table games.
266 (b) “Internet sports wagering” means to stake, bet, or
267 wager any money or other thing of value upon the result of any
268 trial or contest of skill, speed, power, or endurance of human
269 or beast that is available on the Internet and accessible on a
270 mobile device, computer terminal, or other similar access
271 device.
272 (2) A person who Whoever plays or engages in Internet
273 gambling, any game at cards, keno, roulette, faro or other game
274 of chance, at any place, by any device whatever, for money or
275 other thing of value, commits shall be guilty of a misdemeanor
276 of the second degree, punishable as provided in s. 775.082 or s.
277 775.083.
278 (3) A person who plays or engages in Internet sports
279 wagering commits:
280 (a) For a first offense, a misdemeanor of the second
281 degree, punishable as provided in s. 775.082 or s. 775.083.
282 (b) For a second or subsequent violation, a misdemeanor of
283 the first degree, punishable as provided in s. 775.082 or s.
284 775.083.
285 (4) A person who operates, conducts, or promotes Internet
286 gambling or Internet sports wagering, or receives in any manner
287 whatsoever any money or other thing of value offered for the
288 purpose of Internet gambling or Internet sports wagering, or
289 whoever knowingly becomes the custodian or depositary of any
290 money or other thing of value so offered, or whoever aids,
291 assists, abets, or influences in any manner in any of such acts,
292 all of which are hereby forbidden, commits a felony of the third
293 degree, punishable as provided in s. 775.082, s. 775.083, or s.
294 775.084.
295 (5) This section does not apply to participation in, or the
296 conduct of, any gaming activities authorized under s.
297 285.710(13) and conducted pursuant to a gaming compact ratified
298 and approved under s. 285.710(3).
299 Section 9. Paragraph (e) is added to subsection (12) of
300 section 849.086, Florida Statutes, to read:
301 849.086 Cardrooms authorized.—
302 (12) PROHIBITED ACTIVITIES.—
303 (e) A person who manipulates or attempts to manipulate the
304 playing cards, outcome, or payoff of a card game in a licensed
305 cardroom by physical tampering or by use of any object,
306 instrument, or device, whether mechanical, electrical, magnetic,
307 or involving other means, commits a felony of the third degree,
308 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
309 Section 10. Section 849.11, Florida Statutes, is amended to
310 read:
311 849.11 Plays at games of chance by lot.—
312 (1) A person who Whoever sets up, promotes or plays in
313 person or by the use, at least in part, of the Internet, at any
314 game of chance by lot or with dice, cards, numbers, hazards or
315 any other gambling device whatever for, or for the disposal of
316 money or other thing of value or under the pretext of a sale,
317 gift or delivery thereof, or for any right, share or interest
318 therein, commits shall be guilty of a misdemeanor of the second
319 degree, punishable as provided in s. 775.082 or s. 775.083.
320 (2) A person who sets up, operates, conducts, promotes, or
321 receives in any manner whatsoever any money or other thing of
322 value offered for the purpose of conduct prohibited in
323 subsection (1), or whoever knowingly becomes the custodian or
324 depositary of any money or other thing of value so offered, or
325 whoever aids, assists, abets, or influences in any manner in any
326 of such acts, commits a felony of the third degree, punishable
327 as provided in s. 775.082, s. 775.083, or s. 775.084.
328 Section 11. Section 849.13, Florida Statutes, is amended to
329 read:
330 849.13 Punishment on Second or subsequent conviction.—A
331 person who commits a second or subsequent violation of the same
332 Whoever, after being convicted of an offense forbidden by law in
333 connection with lotteries for which there is no penalty
334 specified for a second or subsequent violation, shall have the
335 offense reclassified to an offense of the next higher degree,
336 commits the like offense, shall be guilty of a misdemeanor of
337 the first degree, punishable as provided in s. 775.082, or s.
338 775.083, or s. 775.084. For purposes of sentencing under chapter
339 921, a felony offense that is reclassified under this subsection
340 is ranked one level above the ranking under s. 921.0022 or s.
341 921.0023 of the felony offense committed.
342 Section 12. Section 849.14, Florida Statutes, is amended to
343 read:
344 849.14 Unlawful to bet on result of trial or contest of
345 skill, etc.—A person who Whoever stakes, bets, or wagers any
346 money or other thing of value upon the result of any trial or
347 contest of skill, speed or power or endurance of human or beast,
348 or whoever receives in any manner whatsoever any money or other
349 thing of value staked, bet, or wagered, or offered for the
350 purpose of being staked, bet, or wagered, by or for any other
351 person upon any such result, or whoever knowingly becomes the
352 custodian or depositary of any money or other thing of value so
353 staked, bet, or wagered upon any such result, or whoever aids,
354 or assists, or abets, or influences in any manner in any of such
355 acts all of which are hereby forbidden, commits a felony of the
356 third degree, punishable as provided in s. 775.082, or s.
357 775.083, or s. 775.084.
358 Section 13. Section 849.15, Florida Statutes, is amended to
359 read:
360 849.15 Manufacture, sale, possession, etc., of slot
361 machines or devices prohibited.—
362 (1) As used in this section, the term:
363 (a) “Conviction” means a determination of guilt that is the
364 result of a plea or a trial, regardless of whether adjudication
365 is withheld or a plea of nolo contendere is entered.
366 (b) “Person of authority” means a person who, at any
367 business, establishment, premises, or other location at which a
368 slot machine or device is offered for play, has:
369 1. Actual authority to act on behalf of the business,
370 establishment, premises, or other location where a slot machine
371 or device is offered for play; or
372 2. Any ownership interest in the business, establishment,
373 premises, or other location. The term “ownership interest”
374 includes being an officer, director, or managing member of the
375 business, establishment, premises, or other location.
376 (2)(1) It is unlawful:
377 (a) To manufacture, own, store, keep, possess, sell, rent,
378 lease, let on shares, lend or give away, transport, or expose
379 for sale or lease, or to offer to sell, rent, lease, let on
380 shares, lend or give away, or permit the operation of, or for
381 any person to permit to be placed, maintained, or used or kept
382 in any room, space, or building owned, leased or occupied by the
383 person or under the person’s management or control, any slot
384 machine or device or any part thereof; or
385 (b) To make or to permit to be made with any person any
386 agreement with reference to any slot machine or device, pursuant
387 to which the user thereof, as a result of any element of chance
388 or other outcome unpredictable to him or her, may become
389 entitled to receive any money, credit, allowance, or thing of
390 value or additional chance or right to use such machine or
391 device, or to receive any check, slug, token or memorandum
392 entitling the holder to receive any money, credit, allowance or
393 thing of value.
394 (3)(a) Except as provided in paragraphs (b) and (c), a
395 person who violates subsection (2) commits a misdemeanor of the
396 first degree, punishable as provided in s. 775.082 or s.
397 775.083.
398 (b) A person commits a felony of the third degree,
399 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
400 if he or she violates subsection (2), and:
401 1. At the time of the violation, the person was a person of
402 authority; or
403 2. The person has one prior conviction for a violation of
404 this section.
405 (c) A person commits a felony of the second degree,
406 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
407 if he or she violates subsection (2), and:
408 1.a. At the time of the violation, the person was a person
409 of authority; and
410 b. The violation involves five or more slot machines or
411 devices; or
412 2. The person has two or more prior convictions for a
413 violation of this section.
414 (4)(2) Pursuant to section 2 of that chapter of the
415 Congress of the United States entitled “An act to prohibit
416 transportation of gaming devices in interstate and foreign
417 commerce,” approved January 2, 1951, being ch. 1194, 64 Stat.
418 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
419 of Florida, acting by and through the duly elected and qualified
420 members of its Legislature, does hereby in this section, and in
421 accordance with and in compliance with the provisions of section
422 2 of such chapter of Congress, declare and proclaim that any
423 county of the State of Florida within which slot machine gaming
424 is authorized pursuant to chapter 551 is exempt from the
425 provisions of section 2 of that chapter of the Congress of the
426 United States entitled “An act to prohibit transportation of
427 gaming devices in interstate and foreign commerce,” designated
428 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
429 shipments of gaming devices, including slot machines, into any
430 county of this state within which slot machine gaming is
431 authorized pursuant to chapter 551 and the registering,
432 recording, and labeling of which have been duly performed by the
433 manufacturer or distributor thereof in accordance with sections
434 3 and 4 of that chapter of the Congress of the United States
435 entitled “An act to prohibit transportation of gaming devices in
436 interstate and foreign commerce,” approved January 2, 1951,
437 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
438 ss. 1171-1177, shall be deemed legal shipments thereof into this
439 state provided the destination of such shipments is an eligible
440 facility as defined in s. 551.102 or the facility of a slot
441 machine manufacturer or slot machine distributor as provided in
442 s. 551.109(2)(a).
443 (5) All shipments of legal gaming devices, including legal
444 slot machines, into Indian lands located within this state shall
445 be deemed legal shipments thereof provided that such Indian
446 lands are held in federal trust for the benefit of a federally
447 recognized Indian tribe that is a party to a tribal-state
448 compact with the state pursuant to the federal Indian Gaming
449 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C.
450 ss. 2701 et seq.
451 Section 14. Section 849.155, Florida Statutes, is created
452 to read:
453 849.155 Trafficking in slot machines, devices, or parts.
454 Any person who knowingly sells, purchases, manufactures,
455 transports, delivers, or brings into this state more than 15
456 slot machines or devices or any parts thereof commits a felony
457 of the first degree, punishable as provided in s. 775.082, s.
458 775.083, or s. 775.084. If the quantity of slot machines or
459 devices or any parts thereof involved is:
460 (1) More than 15 slot machines or devices or any parts
461 thereof, but less than 25 slot machines or devices or any parts
462 thereof, such person must be fined $100,000.
463 (2) 25 slot machines or devices or any parts thereof or
464 more, but less than 50 slot machines or devices or any parts
465 thereof, such person must be fined $250,000.
466 (3) 50 slot machines or devices or any parts thereof or
467 more, such person must be fined $500,000.
468 (4) Pursuant to section 2 of the chapter of the Congress of
469 the United States entitled “An act to prohibit transportation of
470 gaming devices in interstate and foreign commerce,” approved
471 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
472 designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
473 acting by and through the duly elected and qualified members of
474 its Legislature, does hereby in this section, and in accordance
475 with and in compliance with the provisions of s. 2 of such
476 chapter of Congress, declare and proclaim that any county of the
477 State of Florida within which slot machine gaming is authorized
478 pursuant to chapter 551 is exempt from the provisions of s. 2 of
479 that chapter of the Congress of the United States entitled “An
480 act to prohibit transportation of gaming devices in interstate
481 and foreign commerce,” designated as 15 U.S.C. ss. 1171-1177,
482 approved January 2, 1951. All shipments of gaming devices,
483 including slot machines, into any county of this state within
484 which slot machine gaming is authorized pursuant to chapter 551
485 and the registering, recording, and labeling of which have been
486 duly performed by the manufacturer or distributor thereof in
487 accordance with ss. 3 and 4 of that chapter of the Congress of
488 the United States entitled “An act to prohibit transportation of
489 gaming devices in interstate and foreign commerce,” approved
490 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
491 designated as 15 U.S.C. ss. 1171-1177, shall be deemed legal
492 shipments thereof into this state provided the destination of
493 such shipments is an eligible facility as defined in s. 551.102
494 or the facility of a slot machine manufacturer or slot machine
495 distributor as provided in s. 551.109(2)(a).
496 (5) All shipments of legal gaming devices, including legal
497 slot machines, into Indian lands located within the state shall
498 be deemed legal shipments thereof provided that such Indian
499 lands are held in federal trust for the benefit of a federally
500 recognized Indian tribe that is a party to a tribal-state
501 compact with the state pursuant to the federal Indian Gaming
502 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C.
503 ss. 2701 et seq.
504
505 Notwithstanding any other law, all fines imposed and collected
506 pursuant to this section must be deposited into the Pari-mutuel
507 Wagering Trust Fund and may be used for the enforcement of
508 chapters 546, 550, 551, and this chapter by the Florida Gaming
509 Control Commission.
510 Section 15. Section 849.157, Florida Statutes, is created
511 to read:
512 849.157 Making a false or misleading statement regarding
513 the legality of slot machines or devices to facilitate sale.—
514 (1) Except as provided in subsection (2), a person who
515 knowingly and willfully makes a materially false or misleading
516 statement or who knowingly and willfully disseminates false or
517 misleading information regarding the legality of a slot machine
518 or device for the purpose of facilitating the sale or delivery
519 of a slot machine or device for any money or other valuable
520 consideration commits a felony of the third degree, punishable
521 as provided in s. 775.082, s. 775.083, or s. 775.084.
522 (2) A person who violates subsection (1) when such a
523 violation involves the sale or delivery, or attempted sale or
524 delivery, of five or more slot machines or devices commits a
525 felony of the second degree, punishable as provided in s.
526 775.082, s. 775.083, or s. 775.084.
527 Section 16. Section 849.23, Florida Statutes, is repealed.
528 Section 17. Section 849.47, Florida Statutes, is created to
529 read:
530 849.47 Transporting or procuring the transportation of
531 persons to facilitate illegal gambling.—
532 (1) As used in this section, the term “illegal gambling”
533 means any criminal violation of chapter 546, chapter 550,
534 chapter 551, or this chapter that occurs at any business,
535 establishment, premises, or other location.
536 (2) Except as provided in subsection (3), a person who
537 knowingly and willfully transports, or procures the
538 transportation of, five or more other persons into or within
539 this state when he or she knows or reasonably should know that
540 such transportation is for the purpose of facilitating illegal
541 gambling commits a misdemeanor of the first degree, punishable
542 as provided in s. 775.082 or s. 775.083.
543 (3)(a) A person who transports, or procures the
544 transportation of, a minor or a person 65 years of age or older
545 in violation of subsection (2) commits a felony of the third
546 degree, punishable as provided in s. 775.082, s. 775.083, or s.
547 775.084.
548 (b) A person who transports, or procures the transportation
549 of, 12 or more persons in violation of subsection (2) commits a
550 felony of the third degree, punishable as provided in s.
551 775.082, s. 775.083, or s. 775.084.
552 Section 18. Section 849.48, Florida Statutes, is created to
553 read:
554 849.48 Gambling or gaming advertisements; prohibited.—
555 (1) As used in this section, the term “illegal gambling”
556 means any criminal violation of chapter 546, chapter 550,
557 chapter 551, or this chapter which occurs at any business,
558 establishment, premises, or other location.
559 (2)(a) Except as otherwise specifically authorized by law,
560 a person may not knowingly and intentionally make, publish,
561 disseminate, circulate, or place before the public, or cause,
562 directly or indirectly, to be made, published, disseminated,
563 circulated, or placed before the public in this state, in any
564 manner, whether in person or by the use, at least in part, of
565 the Internet, any advertisement, circular, bill, poster,
566 pamphlet, list, schedule, announcement, or notice for the
567 purpose of promoting or facilitating illegal gambling.
568 (b) Except as otherwise specifically authorized by law, a
569 person may not set up any type or plate for any type of
570 advertisement, circular, bill, poster, pamphlet, list, schedule,
571 announcement, or notice when he or she knows or reasonably
572 should know that such material will be used for the purpose of
573 promoting or facilitating illegal gambling.
574 (c) A person who violates this subsection commits:
575 1. For a first offense, a misdemeanor of the first degree,
576 punishable as provided in s. 775.082 or s. 775.083.
577 2. For a second or subsequent offense, a felony of the
578 third degree, punishable as provided in s. 775.082, s. 775.083,
579 or s. 775.084.
580 (3) This section does not prohibit the printing or
581 producing of any advertisement, circular, bill, poster,
582 pamphlet, list, schedule, announcement, or notice to be used for
583 the purpose of promoting or facilitating gambling conducted in
584 any other state or nation, outside of this state, where such
585 gambling is not prohibited.
586 Section 19. Section 849.49, Florida Statutes, is created to
587 read:
588 849.49 Preemption.—No county, municipality, or other
589 political subdivision of the state shall enact or enforce any
590 ordinance or local rule relating to gaming, gambling, lotteries,
591 or any activities described in s. 546.10 or this chapter, except
592 as otherwise expressly provided by the State Constitution,
593 general law, or special law.
594 Section 20. Present paragraphs (i) through (m) of
595 subsection (2) of section 903.046, Florida Statutes, are
596 redesignated as paragraphs (j) through (n), respectively, and a
597 new paragraph (i) is added to that subsection, to read:
598 903.046 Purpose of and criteria for bail determination.—
599 (2) When determining whether to release a defendant on bail
600 or other conditions, and what that bail or those conditions may
601 be, the court shall consider:
602 (i) The amount of currency seized that is connected to or
603 involved in a violation of chapter 546, chapter 550, chapter
604 551, or chapter 849.
605 Section 21. Paragraphs (a), (c), (e), and (g) of subsection
606 (3) of section 921.0022, Florida Statutes, are amended to read:
607 921.0022 Criminal Punishment Code; offense severity ranking
608 chart.—
609 (3) OFFENSE SEVERITY RANKING CHART
610 (a) LEVEL 1
611
612
613 FloridaStatute FelonyDegree Description
614 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
615 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
616 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
617 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
618 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
619 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
620 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
621 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
622 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
623 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
624 322.212(5)(a) 3rd False application for driver license or identification card.
625 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
626 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
627 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
628 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
629 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
630 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
631 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
632 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
633 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
634 826.01 3rd Bigamy.
635 828.122(3) 3rd Fighting or baiting animals.
636 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
637 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
638 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
639 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
640 838.15(2) 3rd Commercial bribe receiving.
641 838.16 3rd Commercial bribery.
642 843.18 3rd Fleeing by boat to elude a law enforcement officer.
643 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
644 849.09(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.
645 849.23 3rd Gambling-related machines; “common offender” as to property rights.
646 849.25(2) 3rd Engaging in bookmaking.
647 860.08 3rd Interfere with a railroad signal.
648 860.13(1)(a) 3rd Operate aircraft while under the influence.
649 893.13(2)(a)2. 3rd Purchase of cannabis.
650 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
651 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
652 (c) LEVEL 3
653
654
655 FloridaStatute FelonyDegree Description
656 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
657 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
658 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
659 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
660 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
661 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
662 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
663 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
664 327.35(2)(b) 3rd Felony BUI.
665 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
666 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
667 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
668 379.2431 (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.
669 379.2431 (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.
670 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
671 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
672 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
673 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
674 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
675 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
676 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
677 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
678 697.08 3rd Equity skimming.
679 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
680 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
681 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
682 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
683 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
684 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older.
685 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
686 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
687 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
688 812.081(2) 3rd Theft of a trade secret.
689 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
690 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
691 817.233 3rd Burning to defraud insurer.
692 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
693 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
694 817.236 3rd Filing a false motor vehicle insurance application.
695 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
696 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
697 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
698 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
699 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
700 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
701 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
702 838.12(3) 3rd Betting on a predetermined or prearranged professional or amateur game, contest, match, race, or sport.
703 849.01 3rd Keeping a gambling house.
704 849.02(2) 3rd Agents or employees of keeper of gambling house.
705 849.03(1) 3rd Renting house for gambling purposes.
706 849.08(4) 3rd Operating, conducting, promoting, aiding, abetting, assisting Internet gambling and Internet sports wagering.
707 849.086(12)(e) 3rd Tampering with cards or card games.
708 849.09(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.
709 849.09(1)(e), (f), (g), (i), or (k) 3rd Conducting an unlawful lottery; second or subsequent offense.
710 849.09(1)(h) or (j) 3rd Conducting an unlawful lottery; second or subsequent offense.
711 849.11(2) 3rd Offenses relating to games of chance.
712 849.14 3rd Betting on result of trial or contest of skill, etc.
713 849.15(3)(b) 3rd Manufacture, sale, or possession of slot machine; by person of authority or with prior conviction.
714 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices.
715 849.25(2) 3rd Engaging in bookmaking.
716 849.47(3)(a) & (b) 3rd Transporting persons to facilitate illegal gambling; minor, person 65 years of age or older, or 12 or more persons.
717 849.48(2)(c) 3rd Illegal gambling advertising.
718 847.01385 3rd Harmful communication to a minor.
719 860.15(3) 3rd Overcharging for repairs and parts.
720 870.01(2) 3rd Riot.
721 870.01(4) 3rd Inciting a riot.
722 893.13(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).
723 893.13(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.
724 893.13(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.
725 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
726 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
727 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
728 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
729 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
730 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
731 893.13(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.
732 893.13(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.
733 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
734 893.13(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.
735 918.13(1) 3rd Tampering with or fabricating physical evidence.
736 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
737 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
738 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
739 (e) LEVEL 5
740
741
742 FloridaStatute FelonyDegree Description
743 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
744 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
745 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
746 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
747 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
748 379.365(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.
749 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
750 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
751 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
752 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
753 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
754 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
755 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
756 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
757 790.01(3) 3rd Unlawful carrying of a concealed firearm.
758 790.162 2nd Threat to throw or discharge destructive device.
759 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
760 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
761 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
762 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
763 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
764 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
765 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
766 810.145(4)(c) 3rd Commercial digital voyeurism dissemination.
767 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
768 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
769 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
770 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
771 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
772 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
773 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
774 812.019(1) 2nd Stolen property; dealing in or trafficking in.
775 812.081(3) 2nd Trafficking in trade secrets.
776 812.131(2)(b) 3rd Robbery by sudden snatching.
777 812.16(2) 3rd Owning, operating, or conducting a chop shop.
778 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
779 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
780 817.2341(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.
781 817.568(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.
782 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
783 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
784 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
785 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
786 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
787 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
788 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
789 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
790 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
791 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
792 849.02(3) 2nd Agents or employees of keeper of gambling house, 3rd or subsequent offense.
793 849.03(2) 2nd Renting house for gambling purposes.
794 849.15(3)(c) 2nd Manufacture, sale, or possession of a slot machine; by a person of authority of five or more machines or two or more prior convictions.
795 849.157(2) 2nd False or misleading statement to facilitate sale of slot machines or devices; five or more machines.
796 849.25(3) 2nd Bookmaking; second or subsequent offense.
797 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
798 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
799 893.13(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).
800 893.13(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.
801 893.13(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.
802 893.13(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.
803 893.13(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.
804 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
805 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
806 (g) LEVEL 7
807
808
809 FloridaStatute FelonyDegree Description
810 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
811 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
812 316.1935(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.
813 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
814 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
815 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
816 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
817 456.065(2) 3rd Practicing a health care profession without a license.
818 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
819 458.327(1) 3rd Practicing medicine without a license.
820 459.013(1) 3rd Practicing osteopathic medicine without a license.
821 460.411(1) 3rd Practicing chiropractic medicine without a license.
822 461.012(1) 3rd Practicing podiatric medicine without a license.
823 462.17 3rd Practicing naturopathy without a license.
824 463.015(1) 3rd Practicing optometry without a license.
825 464.016(1) 3rd Practicing nursing without a license.
826 465.015(2) 3rd Practicing pharmacy without a license.
827 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
828 467.201 3rd Practicing midwifery without a license.
829 468.366 3rd Delivering respiratory care services without a license.
830 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
831 483.901(7) 3rd Practicing medical physics without a license.
832 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
833 484.053 3rd Dispensing hearing aids without a license.
834 494.0018(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.
835 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
836 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
837 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
838 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
839 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
840 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
841 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
842 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
843 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
844 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
845 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
846 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
847 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
848 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
849 784.048(7) 3rd Aggravated stalking; violation of court order.
850 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
851 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
852 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
853 784.081(1) 1st Aggravated battery on specified official or employee.
854 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
855 784.083(1) 1st Aggravated battery on code inspector.
856 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
857 787.06(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.
858 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
859 790.16(1) 1st Discharge of a machine gun under specified circumstances.
860 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
861 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
862 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
863 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
864 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
865 794.08(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.
866 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
867 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
868 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
869 800.04(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.
870 800.04(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.
871 806.01(2) 2nd Maliciously damage structure by fire or explosive.
872 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
873 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
874 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
875 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
876 812.014(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.
877 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
878 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
879 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
880 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
881 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
882 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
883 812.131(2)(a) 2nd Robbery by sudden snatching.
884 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
885 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
886 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
887 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
888 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
889 817.2341 (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.
890 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
891 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
892 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
893 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
894 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
895 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
896 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
897 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
898 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
899 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
900 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
901 838.015 2nd Bribery.
902 838.016 2nd Unlawful compensation or reward for official behavior.
903 838.021(3)(a) 2nd Unlawful harm to a public servant.
904 838.22 2nd Bid tampering.
905 843.0855(2) 3rd Impersonation of a public officer or employee.
906 843.0855(3) 3rd Unlawful simulation of legal process.
907 843.0855(4) 3rd Intimidation of a public officer or employee.
908 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
909 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
910 849.155 1st Trafficking in slot machines or devices or any parts thereof.
911 872.06 2nd Abuse of a dead human body.
912 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
913 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
914 893.13(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.
915 893.13(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.
916 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
917 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
918 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
919 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
920 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
921 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
922 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
923 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
924 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
925 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
926 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
927 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
928 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
929 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
930 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
931 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
932 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
933 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
934 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
935 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
936 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
937 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
938 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
939 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
940 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
941 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
942 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
943 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
944 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
945 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
946 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
947 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
948 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
949 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
950 Section 22. Paragraph (a) of subsection (1) and paragraph
951 (a) of subsection (2) of section 772.102, Florida Statutes, are
952 amended to read:
953 772.102 Definitions.—As used in this chapter, the term:
954 (1) “Criminal activity” means to commit, to attempt to
955 commit, to conspire to commit, or to solicit, coerce, or
956 intimidate another person to commit:
957 (a) Any crime that is chargeable by indictment or
958 information under the following provisions:
959 1. Section 210.18, relating to evasion of payment of
960 cigarette taxes.
961 2. Section 414.39, relating to public assistance fraud.
962 3. Section 440.105 or s. 440.106, relating to workers’
963 compensation.
964 4. Part IV of chapter 501, relating to telemarketing.
965 5. Chapter 517, relating to securities transactions.
966 6. Section 550.235 or s. 550.3551, relating to dogracing
967 and horseracing.
968 7. Chapter 550, relating to jai alai frontons.
969 8. Chapter 552, relating to the manufacture, distribution,
970 and use of explosives.
971 9. Chapter 562, relating to beverage law enforcement.
972 10. Section 624.401, relating to transacting insurance
973 without a certificate of authority, s. 624.437(4)(c)1., relating
974 to operating an unauthorized multiple-employer welfare
975 arrangement, or s. 626.902(1)(b), relating to representing or
976 aiding an unauthorized insurer.
977 11. Chapter 687, relating to interest and usurious
978 practices.
979 12. Section 721.08, s. 721.09, or s. 721.13, relating to
980 real estate timeshare plans.
981 13. Chapter 782, relating to homicide.
982 14. Chapter 784, relating to assault and battery.
983 15. Chapter 787, relating to kidnapping or human
984 trafficking.
985 16. Chapter 790, relating to weapons and firearms.
986 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
987 relating to prostitution.
988 18. Chapter 806, relating to arson.
989 19. Section 810.02(2)(c), relating to specified burglary of
990 a dwelling or structure.
991 20. Chapter 812, relating to theft, robbery, and related
992 crimes.
993 21. Chapter 815, relating to computer-related crimes.
994 22. Chapter 817, relating to fraudulent practices, false
995 pretenses, fraud generally, and credit card crimes.
996 23. Section 827.071, relating to commercial sexual
997 exploitation of children.
998 24. Chapter 831, relating to forgery and counterfeiting.
999 25. Chapter 832, relating to issuance of worthless checks
1000 and drafts.
1001 26. Section 836.05, relating to extortion.
1002 27. Chapter 837, relating to perjury.
1003 28. Chapter 838, relating to bribery and misuse of public
1004 office.
1005 29. Chapter 843, relating to obstruction of justice.
1006 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1007 s. 847.07, relating to obscene literature and profanity.
1008 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1009 849.25, relating to gambling.
1010 32. Chapter 893, relating to drug abuse prevention and
1011 control.
1012 33. Section 914.22 or s. 914.23, relating to witnesses,
1013 victims, or informants.
1014 34. Section 918.12 or s. 918.13, relating to tampering with
1015 jurors and evidence.
1016 (2) “Unlawful debt” means any money or other thing of value
1017 constituting principal or interest of a debt that is legally
1018 unenforceable in this state in whole or in part because the debt
1019 was incurred or contracted:
1020 (a) In violation of any one of the following provisions of
1021 law:
1022 1. Section 550.235 or s. 550.3551, relating to dogracing
1023 and horseracing.
1024 2. Chapter 550, relating to jai alai frontons.
1025 3. Section 687.071, relating to criminal usury and loan
1026 sharking.
1027 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1028 849.25, relating to gambling.
1029 Section 23. Paragraph (a) of subsection (12) of section
1030 895.02, Florida Statutes, is amended to read:
1031 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
1032 (12) “Unlawful debt” means any money or other thing of
1033 value constituting principal or interest of a debt that is
1034 legally unenforceable in this state in whole or in part because
1035 the debt was incurred or contracted:
1036 (a) In violation of any one of the following provisions of
1037 law:
1038 1. Section 550.235 or s. 550.3551, relating to dogracing
1039 and horseracing.
1040 2. Chapter 550, relating to jai alai frontons.
1041 3. Section 551.109, relating to slot machine gaming.
1042 4. Chapter 687, relating to interest and usury.
1043 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1044 849.25, relating to gambling.
1045 Section 24. This act shall take effect October 1, 2025.