Florida Senate - 2025 CS for CS for SB 1404
By the Appropriations Committee on Agriculture, Environment, and
General Government; the Committee on Regulated Industries; and
Senator Simon
601-03617-25 20251404c2
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 making
5 appointments to the Florida Gaming Control Commission;
6 amending s. 16.712, F.S.; revising the information
7 that must be included in the commission’s annual
8 report to the Governor and the Legislature; amending
9 s. 16.713, F.S.; prohibiting certain employment for a
10 specified timeframe before or during a person’s
11 service with the commission; amending s. 16.715, F.S.;
12 revising standards of conduct for the commission;
13 prohibiting certain post-employment activities for
14 former commissioners and employees for a specified
15 period; amending s. 546.10, F.S.; authorizing certain
16 organizations, before purchasing, installing, or
17 operating a game or machine on its premises and if in
18 doubt about whether such machine meets the definition
19 of an amusement machine, to petition the commission
20 for a specified declaratory statement on whether the
21 operation of such game or machine is authorized or
22 prohibited; prohibiting such organizations from
23 purchasing or installing a game or machine until such
24 declaratory statement is issued; prohibiting such
25 organizations from petitioning the commission if the
26 game or machine in question is the subject of a
27 criminal investigation; requiring the commission to
28 issue a declaratory statement within a specified
29 timeframe; prohibiting the commission from denying a
30 petition if it was validly requested; specifying the
31 information that must be included in a petition for a
32 declaratory statement; providing that the declaratory
33 statement is valid only for the game or machine for
34 which it is requested and is invalid if the
35 specifications for the game or machine have been
36 changed; providing that the declaratory statement is
37 binding on the commission and may be introduced as
38 evidence in subsequent proceedings; providing
39 construction; amending ss. 550.09512 and 550.09515,
40 F.S.; deleting a requirement that the commission
41 reissue certain escheated permits to qualified
42 applicants; deleting applicability; deleting a
43 provision that such new applicants are authorized to
44 operate certain facilities within the specified area
45 of the escheated permit; amending s. 551.103, F.S.;
46 revising the powers and duties of the commission;
47 amending s. 551.104, F.S.; revising the hiring and
48 procurement policy and reporting requirements for slot
49 machine gaming licensure; deleting a provision
50 requiring slot machine licensees to provide an annual
51 report containing certain information to the
52 commission; amending s. 551.114, F.S.; authorizing a
53 slot machine licensee to apply to the commission to
54 change the location of the designated slot machine
55 gaming area if certain conditions are met; requiring a
56 pari-mutuel permit holder to submit to the commission
57 certain information about the new designated slot
58 machine gaming area; providing that the commission is
59 responsible for approving or denying an application to
60 change the location of the designated slot machine
61 gaming area; requiring applicants to use forms adopted
62 by the commission; requiring the commission to examine
63 and approve or deny applications within specified
64 timeframes; authorizing the commission to adopt rules;
65 amending s. 838.12, F.S.; prohibiting betting on
66 athletic contests with knowledge that the results are
67 prearranged or predetermined; providing criminal
68 penalties; amending s. 843.08, F.S.; prohibiting false
69 personation of personnel or representatives of the
70 commission; providing criminal penalties; amending s.
71 849.01, F.S.; revising criminal penalties for offenses
72 involving keeping a gambling house; amending s.
73 849.02, F.S.; increasing criminal penalties for
74 specified offenses by agents or employees of the
75 keeper of a gambling house; amending s. 849.03, F.S.;
76 revising criminal penalties for offenses involving
77 renting a house for gambling purposes; amending s.
78 849.08, F.S.; defining the terms “Internet gambling”
79 and “Internet sports wagering”; prohibiting Internet
80 gambling and Internet sports wagering and related
81 offenses; providing criminal penalties; providing an
82 exception; amending s. 849.086, F.S.; providing that a
83 cardroom operator may limit the playing of any game to
84 persons 21 years of age or older; making technical
85 changes; prohibiting specified actions relating to
86 manipulation of card games; providing criminal
87 penalties; creating s. 849.0932, F.S.; defining terms;
88 prohibiting entry fees collected by noncommercial
89 contest operators from exceeding a specified amount;
90 requiring that all entry fees be returned to contest
91 participants in the form of prizes; requiring the
92 commission to investigate and refer violations to the
93 Attorney General or the state attorney in the circuit
94 in which the violation occurs; authorizing the
95 Attorney General or the state attorney to institute
96 proceedings to enjoin persons found to be in violation
97 of specified provisions of law; providing fines of
98 specified amounts and civil and criminal penalties for
99 specified violations; amending s. 849.11, F.S.;
100 prohibiting certain offenses related to games of
101 chance involving the Internet; providing criminal
102 penalties; amending s. 849.13, F.S.; providing
103 enhanced criminal penalties for second or subsequent
104 violations of certain provisions; amending s. 849.14,
105 F.S.; revising the criminal penalties for betting or
106 wagering on certain activities; amending s. 849.15,
107 F.S.; defining terms; providing criminal penalties for
108 specified offenses relating to the manufacture,
109 possession, and sale of slot machines or devices;
110 providing that shipments of legal gaming devices into
111 Indian lands are deemed legal shipments under certain
112 circumstances; creating s. 849.155, F.S.; prohibiting
113 trafficking in slot machines, devices, or parts
114 thereof; providing criminal penalties; providing
115 exceptions; providing for the deposit of fines into a
116 specified trust fund for specified purposes; creating
117 s. 849.157, F.S.; prohibiting the making of a false or
118 misleading statement regarding the legality of slot
119 machines or devices for specified purposes; providing
120 criminal penalties; repealing s. 849.23, F.S.,
121 relating to penalties for violations of specified
122 sections; creating s. 849.47, F.S.; defining the term
123 “illegal gambling”; prohibiting the transportation of
124 specified numbers of persons, persons of certain ages,
125 for the purpose of facilitating illegal gambling;
126 providing criminal penalties; creating s. 849.48,
127 F.S.; defining the term “illegal gambling”;
128 prohibiting specified gambling or gaming
129 advertisements; providing criminal penalties;
130 providing construction; creating s. 849.49, F.S.;
131 preempting to the state the regulation of gaming,
132 gambling, lotteries, or any activities described in
133 specified provisions; amending s. 903.046, F.S.;
134 providing for consideration of the amount of currency
135 seized connected to or involved in specified gambling
136 or gaming offenses when determining whether to release
137 a defendant prior to trial; amending s. 921.0022,
138 F.S.; ranking offenses for purposes of the offense
139 severity ranking chart of the Criminal Punishment
140 Code; amending ss. 772.102 and 895.02, F.S.;
141 conforming provisions to changes made by the act;
142 reenacting s. 550.3345(3), F.S., relating to the
143 conversion of quarter horse permit to a limited
144 thoroughbred permit, to incorporate the amendment made
145 to s. 550.09515, F.S., in a reference thereto;
146 providing an effective date.
147
148 Be It Enacted by the Legislature of the State of Florida:
149
150 Section 1. Paragraph (a) of subsection (2) of section
151 16.71, Florida Statutes, is amended to read:
152 16.71 Florida Gaming Control Commission; creation;
153 meetings; membership.—
154 (2) MEMBERSHIP.—
155 (a) The commission shall be composed consist of five
156 members appointed by the Governor, and subject to confirmation
157 by the Senate, for terms of 4 years. Members of the commission
158 must be appointed by January 1, 2022. The Governor shall
159 consider appointees who reflect Florida’s racial, ethnic, and
160 gender diversity. Of the initial five members appointed by the
161 Governor, and immediately upon appointment, the Governor shall
162 appoint one of the members as the initial chair and one of the
163 members as the initial vice chair. At the end of the initial
164 chair’s and vice chair’s terms pursuant to subparagraph 1., the
165 commission shall elect one of the members of the commission as
166 chair and one of the members of the commission as vice chair.
167 1. For the purpose of providing staggered terms, of the
168 initial appointments, two members shall be appointed to 4-year
169 terms, two members shall be appointed to 3-year terms, and one
170 member shall be appointed to a 2-year term.
171 2. Of the five members, at least one member must have at
172 least 10 years of experience in law enforcement and criminal
173 investigations, at least one member must be a certified public
174 accountant licensed in this state with at least 10 years of
175 experience in accounting and auditing, and at least one member
176 must be an attorney admitted and authorized to practice law in
177 this state for at least the preceding 10 years.
178 Section 2. Present paragraph (i) of subsection (3) of
179 section 16.712, Florida Statutes, is redesignated as paragraph
180 (k), new paragraphs (i) and (j) are added to that subsection,
181 and paragraph (h) of that subsection is amended, to read:
182 16.712 Florida Gaming Control Commission authorizations,
183 duties, and responsibilities.—
184 (3) By December 1 of each year, the commission shall make
185 an annual report to the Governor, the President of the Senate,
186 and the Speaker of the House of Representatives. The report
187 must, at a minimum, include all of the following:
188 (h) A summary of actions taken and investigations conducted
189 by the commission, including the number of investigations that
190 led to criminal charges or any information being filed and the
191 resolution of such criminal case.
192 (i) The number of complaints received by the commission
193 categorized by subject matter or type of complaint and a summary
194 of the action taken on each complaint by the commission.
195 (j) A list of property seized by the commission during the
196 course of investigations, and the disposition of such property,
197 including a list of forfeiture actions.
198 Section 3. Paragraphs (a) and (b) of subsection (2) of
199 section 16.713, Florida Statutes, are amended to read:
200 16.713 Florida Gaming Control Commission; appointment and
201 employment restrictions.—
202 (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
203 INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
204 COMMISSION.—
205 (a) A person may not, for the 2 years immediately preceding
206 the date of appointment to or employment with the commission and
207 while appointed to or employed with the commission:
208 1. Hold a permit or license issued under chapter 550 or a
209 license issued under chapter 551 or chapter 849; be an officer,
210 official, or employee of such permitholder or licensee; or be an
211 ultimate equitable owner, as defined in s. 550.002(37), of such
212 permitholder or licensee;
213 2. Be an officer, official, employee, or other person with
214 duties or responsibilities relating to a gaming operation owned
215 by an Indian tribe that has a valid and active compact with the
216 state; be a contractor or subcontractor of such tribe or an
217 entity employed, licensed, or contracted by such tribe; or be an
218 ultimate equitable owner, as defined in s. 550.002(37), of such
219 entity;
220 3. Be a registered lobbyist for the executive or
221 legislative branch, except while a commissioner or employee of
222 the commission when officially representing the commission or
223 unless the person registered as a lobbyist for the executive or
224 legislative branch while employed by a state agency as defined
225 in s. 110.107 during the normal course of his or her employment
226 with such agency and he or she has not lobbied on behalf of any
227 entity other than a state agency during the 2 years immediately
228 preceding the date of his or her appointment to or employment
229 with the commission; or
230 4. Be a bingo game operator or an employee of a bingo game
231 operator; or
232 5. Be an employee, an associate, an owner, or a contractor
233 for any person or entity that conducts or facilitates an
234 activity regulated, enforced, or investigated by the commission,
235 including fantasy sports contests and other betting activities.
236 (b) A person is ineligible for appointment to or employment
237 with the commission if, within the 2 years immediately preceding
238 such appointment or employment, he or she violated paragraph (a)
239 or solicited or accepted employment with, acquired any direct or
240 indirect interest in, or had any direct or indirect business
241 association, partnership, or financial relationship with, or is
242 a relative of:
243 1. Any person or entity who is an applicant, licensee, or
244 registrant with the commission; or
245 2. Any officer, official, employee, or other person with
246 duties or responsibilities relating to a gaming operation owned
247 by an Indian tribe that has a valid and active compact with the
248 state; any contractor or subcontractor of such tribe or an
249 entity employed, licensed, or contracted by such tribe; or any
250 ultimate equitable owner, as defined in s. 550.002(37), of such
251 entity; or
252 3. Any person or entity that conducts or facilitates an
253 activity regulated, enforced, or investigated by the commission,
254 including fantasy sports contests and other betting activities.
255
256 For the purposes of this subsection, the term “relative” means a
257 spouse, father, mother, son, daughter, grandfather, grandmother,
258 brother, sister, uncle, aunt, cousin, nephew, niece, father-in
259 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
260 sister-in-law, stepfather, stepmother, stepson, stepdaughter,
261 stepbrother, stepsister, half brother, or half sister.
262 Section 4. Paragraph (b) of subsection (1) and paragraphs
263 (b) and (c) of subsection (2) of section 16.715, Florida
264 Statutes, are amended to read:
265 16.715 Florida Gaming Control Commission standards of
266 conduct; ex parte communications.—
267 (1) STANDARDS OF CONDUCT.—
268 (b)1. A commissioner or employee of the commission may not
269 accept anything from any business entity that, either directly
270 or indirectly, owns or controls any person regulated by the
271 commission or from any business entity that, either directly or
272 indirectly, is an affiliate or subsidiary of any person
273 regulated by the commission.
274 2. A commissioner or an employee may attend conferences,
275 along with associated meals and events that are generally
276 available to all conference participants, without payment of any
277 fees in addition to the conference fee. Additionally, while
278 attending a conference, a commissioner or an employee may attend
279 meetings, meals, or events that are not sponsored, in whole or
280 in part, by any representative of any person regulated by the
281 commission and that are limited to commissioners or employees
282 only, committee members, or speakers if the commissioner or
283 employee is a member of a committee of the association of
284 regulatory agencies which organized the conference or is a
285 speaker at the conference. It is not a violation of this
286 subparagraph for a commissioner or an employee to attend a
287 conference for which conference participants who are employed by
288 a person regulated by the commission have paid a higher
289 conference registration fee than the commissioner or employee,
290 or to attend a meal or event that is generally available to all
291 conference participants without payment of any fees in addition
292 to the conference fee and that is sponsored, in whole or in
293 part, by a person regulated by the commission.
294 3. While employed, and for 2 years after service as a
295 commissioner or for 2 years after employment with the
296 commission, a commissioner or an employee may not accept any
297 form of employment with or engage in any business activity with
298 any business entity that, either directly or indirectly, owns or
299 controls any person regulated by the commission; any person
300 regulated by the commission; or any business entity that, either
301 directly or indirectly, is an affiliate or subsidiary of any
302 person regulated by the commission; or be an employee, an
303 associate, an owner, or a contractor for any person or entity
304 that conducts or facilitates an activity regulated, enforced, or
305 investigated by the commission, including fantasy sports
306 contests and other betting activities.
307 4. While employed, and for 2 years after service as a
308 commissioner or for 2 years after employment with the
309 commission, a commissioner, an employee, or a relative living in
310 the same household as a commissioner or an employee may not have
311 any financial interest, other than shares in a mutual fund, in
312 any person regulated by the commission; in any business entity
313 that, either directly or indirectly, owns or controls any person
314 regulated by the commission; or in any business entity that,
315 either directly or indirectly, is an affiliate or a subsidiary
316 of any person regulated by the commission; or be an employee, an
317 associate, an owner, or a contractor for any person or entity
318 that conducts or facilitates an activity regulated, enforced, or
319 investigated by the commission, including fantasy sports
320 contests and other betting activities. If a commissioner, an
321 employee, or a relative living in the same household as a
322 commissioner or an employee acquires any financial interest
323 prohibited by this subsection during the commissioner’s term of
324 office or the employee’s employment with the commission as a
325 result of events or actions beyond the commissioner’s, the
326 employee’s, or the relative’s control, he or she shall
327 immediately sell such financial interest. For the purposes of
328 this subsection, the term “relative” has the same meaning as in
329 s. 16.713(2)(b).
330 5. A commissioner or an employee may not accept anything
331 from a party in a proceeding currently pending before the
332 commission.
333 6. A commissioner may not serve as the representative of
334 any political party or on any executive committee or other
335 governing body of a political party; serve as an executive
336 officer or employee of any political party, committee,
337 organization, or association; receive remuneration for
338 activities on behalf of any candidate for public office; engage
339 on behalf of any candidate for public office in the solicitation
340 of votes or other activities on behalf of such candidacy; or
341 become a candidate for election to any public office without
342 first resigning from office.
343 7. A commissioner, during his or her term of office, may
344 not make any public comment regarding the merits of any
345 proceeding under ss. 120.569 and 120.57 currently pending before
346 the commission.
347 8. A commissioner or an employee may not act in an
348 unprofessional manner at any time during the performance of
349 official duties.
350 9. A commissioner or an employee must avoid impropriety in
351 all activities and must act at all times in a manner that
352 promotes public confidence in the integrity and impartiality of
353 the commission.
354 10. A commissioner or an employee may not directly or
355 indirectly, through staff or other means, solicit anything of
356 value from any person regulated by the commission, or from any
357 business entity that, whether directly or indirectly, is an
358 affiliate or a subsidiary of any person regulated by the
359 commission, or from any party appearing in a proceeding
360 considered by the commission in the last 2 years.
361 11. A commissioner may not lobby the Governor or any agency
362 of the state, members or employees of the Legislature, or any
363 county or municipal government or governmental agency except to
364 represent the commission in an official capacity.
365 (2) FORMER COMMISSIONERS AND EMPLOYEES.—
366 (b) A commissioner, the executive director, or an employee
367 of the commission may not, for the 2 years immediately following
368 the date of resignation or termination from the commission:
369 1. Hold a permit or license issued under chapter 550, or a
370 license issued under chapter 551 or chapter 849; be an officer,
371 official, or employee of such permitholder or licensee; or be an
372 ultimate equitable owner, as defined in s. 550.002(37), of such
373 permitholder or licensee; or be an employee, an associate, an
374 owner, or a contractor for any person or entity that conducts or
375 facilitates an activity regulated, enforced, or investigated by
376 the commission, including fantasy sports contests and other
377 betting activities;
378 2. Accept employment by or compensation from a business
379 entity that, directly or indirectly, owns or controls a person
380 regulated by the commission; from a person regulated by the
381 commission; from a business entity which, directly or
382 indirectly, is an affiliate or subsidiary of a person regulated
383 by the commission; or from a business entity or trade
384 association that has been a party to a commission proceeding
385 within the 2 years preceding the member’s resignation or
386 termination of service on the commission; or from any person or
387 entity that conducts or facilitates an activity regulated,
388 enforced, or investigated by the commission, including fantasy
389 sports contests and other betting activities; or
390 3. Be a bingo game operator or an employee of a bingo game
391 operator.
392 (c) A person employed by the commission may not, for the 2
393 years immediately following the date of termination or
394 resignation from employment with the commission:
395 1. Hold a permit or license issued under chapter 550, or a
396 license issued under chapter 551 or chapter 849; be an officer,
397 official, or employee of such permitholder or licensee; or be an
398 ultimate equitable owner, as defined in s. 550.002(37), of such
399 permitholder or licensee; or be an employee, an associate, an
400 owner, or a contractor for any person or entity that conducts or
401 facilitates an activity regulated, enforced, or investigated by
402 the commission, including fantasy sports contests and other
403 betting activities; or
404 2. Be a bingo game operator or an employee of a bingo game
405 operator.
406 Section 5. Present subsections (8) and (9) of section
407 546.10, Florida Statutes, are redesignated as subsections (9)
408 and (10), respectively, and a new subsection (8) is added to
409 that section, to read:
410 546.10 Amusement games or machines.—
411 (8)(a)1. Before purchasing or installing a game or machine
412 on the premises of any veterans’ service organization granted a
413 federal charter under Title 36, U.S.C., or a division, a
414 department, a post, or a chapter of such organization, for which
415 an alcoholic beverage license has been issued, and the veterans’
416 service organization is in doubt about whether a machine meets
417 the definition of an amusement machine under this section, the
418 organization may petition the Florida Gaming Control Commission
419 for a declaratory statement under s. 120.565 on whether the
420 operation of the game or machine would be authorized under this
421 section or would be a violation of this section or chapter 849.
422 A game or machine awaiting a declaratory statement from the
423 commission may not be purchased or installed until the
424 declaratory statement is issued.
425 2. If there is a game or machine currently on the premises
426 of any veterans’ service organization granted a federal charter
427 under Title 36, U.S.C., or a division, a department, a post, or
428 a chapter of such organization, for which an alcoholic beverage
429 license has been issued and the veterans’ service organization
430 is in doubt about whether a machine meets the definition of an
431 amusement machine under this section, the organization may
432 petition the commission for a declaratory statement pursuant to
433 s. 120.565 on whether the operation of the game or machine would
434 be authorized under this section or would be a violation of this
435 section or chapter 849. If the game, machine, premises, or
436 organization is the subject of an ongoing criminal
437 investigation, the organization may not petition the commission
438 for a declaratory statement under this subsection.
439 3. The commission shall issue a declaratory statement
440 pursuant to this subsection within 60 days after receiving a
441 petition requesting such statement. The commission may not deny
442 a petition that is validly requested pursuant to this subsection
443 and s. 120.565.
444 (b) A petition made under this subsection must provide
445 enough information for the commission to issue the declaratory
446 statement and must be accompanied by the exact specifications
447 for the type of game or machine that the organization will
448 purchase or install or currently has on the premises. The
449 declaratory statement is valid only for the game or machine for
450 which it is requested and is invalid if the specifications for
451 the game or the machine have been changed.
452 (c) The declaratory statement is binding on the commission
453 and may be introduced in any subsequent proceedings as evidence
454 of a good faith effort to comply with this section or chapter
455 849.
456 (d) This subsection does not prevent the commission or any
457 other criminal justice agency as defined in s. 943.045 from
458 detecting, apprehending, and arresting a person for any alleged
459 violation of this chapter, chapter 24, part II of chapter 285,
460 chapter 550, chapter 551, or chapter 849, or any rule adopted
461 pursuant thereto, or of any law of this state.
462 (e) This subsection does not require an owner or an
463 operator of an amusement game or machine under this section to
464 request or obtain a declaratory statement in order to operate
465 pursuant to this section.
466 Section 6. Subsection (3) of section 550.09512, Florida
467 Statutes, is amended to read:
468 550.09512 Harness horse taxes; abandoned interest in a
469 permit for nonpayment of taxes.—
470 (3)(a) The permit of a harness horse permitholder who is
471 conducting live harness horse performances and who does not pay
472 tax on handle for any such performances conducted during any 2
473 consecutive state fiscal years shall be void and may not be
474 reissued unless such failure to operate and pay tax on handle
475 was the direct result of fire, strike, war, hurricane, pandemic,
476 or other disaster or event beyond the ability of the
477 permitholder to control. Financial hardship to the permitholder
478 does shall not, in and of itself, constitute just cause for
479 failure to operate and pay tax on handle.
480 (b) In order to maximize the tax revenues to the state, the
481 commission shall reissue an escheated harness horse permit to a
482 qualified applicant pursuant to the provisions of this chapter
483 as for the issuance of an initial permit. However, the
484 provisions of this chapter relating to referendum requirements
485 for a pari-mutuel permit shall not apply to the reissuance of an
486 escheated harness horse permit. As specified in the application
487 and upon approval by the commission of an application for the
488 permit, the new permitholder shall be authorized to operate a
489 harness horse facility anywhere in the same county in which the
490 escheated permit was authorized to be operated, notwithstanding
491 the provisions of s. 550.054(2) relating to mileage limitations.
492 Section 7. Subsection (3) of section 550.09515, Florida
493 Statutes, is amended to read:
494 550.09515 Thoroughbred horse taxes; abandoned interest in a
495 permit for nonpayment of taxes.—
496 (3)(a) The permit of a thoroughbred horse permitholder who
497 does not pay tax on handle for live thoroughbred horse
498 performances for a full schedule of live races during any 2
499 consecutive state fiscal years shall be void and shall escheat
500 to and become the property of the state unless such failure to
501 operate and pay tax on handle was the direct result of fire,
502 strike, war, or other disaster or event beyond the ability of
503 the permitholder to control. Financial hardship to the
504 permitholder does shall not, in and of itself, constitute just
505 cause for failure to operate and pay tax on handle.
506 (b) In order to maximize the tax revenues to the state, the
507 commission shall reissue an escheated thoroughbred horse permit
508 to a qualified applicant pursuant to the provisions of this
509 chapter as for the issuance of an initial permit. However, the
510 provisions of this chapter relating to referendum requirements
511 for a pari-mutuel permit shall not apply to the reissuance of an
512 escheated thoroughbred horse permit. As specified in the
513 application and upon approval by the commission of an
514 application for the permit, the new permitholder shall be
515 authorized to operate a thoroughbred horse facility anywhere in
516 the same county in which the escheated permit was authorized to
517 be operated, notwithstanding the provisions of s. 550.054(2)
518 relating to mileage limitations.
519 Section 8. Paragraph (k) is added to subsection (1) of
520 section 551.103, Florida Statutes, to read:
521 551.103 Powers and duties of the commission and law
522 enforcement.—
523 (1) The commission shall adopt, pursuant to the provisions
524 of ss. 120.536(1) and 120.54, all rules necessary to implement,
525 administer, and regulate slot machine gaming as authorized in
526 this chapter. Such rules must include:
527 (k) Procedures and forms for slot machine licensees to
528 demonstrate the suitability of the location for their designated
529 slot machine gaming area as described in s. 551.114.
530 Section 9. Paragraph (i) of subsection (4) of section
531 551.104, Florida Statutes, is amended to read:
532 551.104 License to conduct slot machine gaming.—
533 (4) As a condition of licensure and to maintain continued
534 authority for the conduct of slot machine gaming, the slot
535 machine licensee shall:
536 (i) Create and file with the commission a written policy
537 for:
538 1. Creating opportunities to purchase from vendors in this
539 state, including minority vendors.
540 2. Creating opportunities for employment of residents of
541 this state, including minority residents.
542 3. Ensuring opportunities for construction services from a
543 small business as defined in s. 288.703 minority contractors.
544 4. Ensuring that opportunities for employment are offered
545 on an equal, nondiscriminatory basis.
546 5. Training for employees on responsible gaming and working
547 with a compulsive or addictive gambling prevention program to
548 further its purposes as provided for in s. 551.118.
549 6. The implementation of a drug-testing program that
550 includes, but is not limited to, requiring each employee to sign
551 an agreement that he or she understands that the slot machine
552 facility is a drug-free workplace.
553
554 The slot machine licensee shall use the Internet-based job
555 listing system of the Department of Commerce in advertising
556 employment opportunities. Each slot machine licensee shall
557 provide an annual report to the Florida Gaming Control
558 Commission containing information indicating compliance with
559 this paragraph in regard to minority persons.
560 Section 10. Subsection (4) of section 551.114, Florida
561 Statutes, is amended to read:
562 551.114 Slot machine gaming areas.—
563 (4) Designated slot machine gaming areas must be located at
564 the address specified in the licensed permitholder’s slot
565 machine license issued for fiscal year 2020-2021.
566 (a) A slot machine licensee may apply to the commission to
567 change the location of the designated slot machine gaming area
568 provided that:
569 1. The location of the designated slot machine gaming area
570 is in the same county as the address specified in the licensed
571 permitholder’s slot machine license issued for fiscal year 2020
572 2021.
573 2. The location of the designated slot machine gaming area
574 is within 1,320 feet on a straight line of any outermost
575 boundary of the licensed permitholder’s designated slot machine
576 gaming area as of January 1, 2025.
577 3. The designated slot machine gaming area is at a location
578 where the licensed permitholder is authorized to conduct pari
579 mutuel wagering activities pursuant to the licensed
580 permitholder’s valid pari-mutuel permit.
581 4. The location is owned by the licensed pari-mutuel
582 permitholder.
583 5. The location is approved under the zoning regulations of
584 the county or municipality where the permit is to be located as
585 a planned development use, consistent with the comprehensive
586 plan.
587 6. The location does not violate any of the provisions of
588 any tribal-state gaming compact with a federally recognized
589 Indian tribe located within this state pursuant to the Indian
590 Gaming Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168, and 25
591 U.S.C. ss. 2701 et seq.
592 (b) Before submitting an application to the commission to
593 change the location of the designated slot machine gaming area,
594 the licensed pari-mutuel permitholder must submit a survey
595 indicating the existing location of the designated slot machine
596 gaming area and the proposed location of the new designated slot
597 machine gaming area.
598 (c) The commission is responsible for approving or denying
599 the application to change the location of the designated slot
600 machine gaming area. A slot machine licensee shall apply to the
601 commission using forms adopted by the commission. The commission
602 shall examine the application and approve or deny the change of
603 location of the designated slot machine gaming area within the
604 timeframes required by s. 120.60. The commission may adopt rules
605 to implement this subsection.
606 Section 11. Section 838.12, Florida Statutes, is amended,
607 to read:
608 838.12 Bribery in athletic contests.—
609 (1) A person who Whoever gives, promises, offers or
610 conspires to give, promise or offer, to anyone who participates
611 or expects to participate in any professional or amateur game,
612 contest, match, race or sport; or to any umpire, referee, judge
613 or other official of such game, contest, match, race or sport;
614 or to any owner, manager, coach or trainer of, or to any
615 relative of, or to any person having any direct, indirect,
616 remote or possible connection with, any team, individual,
617 participant or prospective participant in any such professional
618 or amateur game, contest, match, race or sport, or the officials
619 aforesaid, any bribe, money, goods, present, reward or any
620 valuable thing whatsoever, or any promise, contract or agreement
621 whatsoever, with intent to influence him or her or them to lose
622 or cause to be lost any game, contest, match, race or sport, or
623 to limit his or her or their or any person’s or any team’s
624 margin of victory in any game, contest, match, race, or sport,
625 or to fix or throw any game, contest, match, race or sport,
626 commits shall be guilty of a felony of the third degree,
627 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
628 (2) A Any participant or prospective participant in any
629 professional or amateur game, contest, match, race or sport; or
630 any umpire, referee, judge or other official of such game,
631 contest, match, race or sport; or any owner, manager, coach or
632 trainer of, or any relative of, or any person having any direct,
633 indirect, remote or possible connection with, any team,
634 individual, participant or prospective participant in any such
635 professional or amateur game, contest, match, race or sport, or
636 the officials aforesaid; who in any way solicits, receives or
637 accepts, or agrees to receive or accept, or who conspires to
638 receive or accept, any bribe, money, goods, present, reward or
639 any valuable thing whatsoever, or any promise, contract or
640 agreement whatsoever, with intent to lose or cause to be lost
641 any game, contest, match, race or sport, or to limit his, her,
642 their or any person’s or any team’s margin of victory in any
643 game, contest, match, race or sport, or to fix or throw any
644 game, contest, match, race or sport, commits shall be guilty of
645 a felony of the third degree, punishable as provided in s.
646 775.082, s. 775.083, or s. 775.084.
647 (3) A person who stakes, bets, or wagers any money or other
648 thing of value upon the result of any professional or amateur
649 game, contest, match, race, or sport with knowledge that the
650 results of such professional or amateur game, contest, match,
651 race, or sport are prearranged or predetermined as described in
652 subsection (1) or subsection (2) commits a felony of the third
653 degree, punishable as provided in s. 775.082, s. 775.083, or s.
654 775.084.
655 Section 12. Section 843.08, Florida Statutes, is amended to
656 read:
657 843.08 False personation.—A person who falsely assumes or
658 pretends to be a firefighter, a sheriff, an officer of the
659 Florida Highway Patrol, an officer of the Fish and Wildlife
660 Conservation Commission, an officer of the Department of
661 Environmental Protection, an officer of the Department of
662 Financial Services, any personnel or representative of the
663 Division of Investigative and Forensic Services, any personnel
664 or representative of the Florida Gaming Control Commission, an
665 officer of the Department of Corrections, a correctional
666 probation officer, a deputy sheriff, a state attorney or an
667 assistant state attorney, a statewide prosecutor or an assistant
668 statewide prosecutor, a state attorney investigator, a coroner,
669 a police officer, a lottery special agent or lottery
670 investigator, a beverage enforcement agent, a school guardian as
671 described in s. 30.15(1)(k), a security officer licensed under
672 chapter 493, any member of the Florida Commission on Offender
673 Review or any administrative aide or supervisor employed by the
674 commission, any personnel or representative of the Department of
675 Law Enforcement, or a federal law enforcement officer as defined
676 in s. 901.1505, and takes upon himself or herself to act as
677 such, or to require any other person to aid or assist him or her
678 in a matter pertaining to the duty of any such officer, commits
679 a felony of the third degree, punishable as provided in s.
680 775.082, s. 775.083, or s. 775.084. However, a person who
681 falsely personates any such officer during the course of the
682 commission of a felony commits a felony of the second degree,
683 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
684 If the commission of the felony results in the death or personal
685 injury of another human being, the person commits a felony of
686 the first degree, punishable as provided in s. 775.082, s.
687 775.083, or s. 775.084. In determining whether a defendant has
688 violated this section, the court or jury may consider any
689 relevant evidence, including, but not limited to, whether the
690 defendant used lights in violation of s. 316.2397 or s. 843.081.
691 Section 13. Section 849.01, Florida Statutes, is amended to
692 read:
693 849.01 Keeping gambling houses, etc.—A person who Whoever
694 by herself or himself, her or his servant, clerk or agent, or in
695 any other manner has, keeps, exercises or maintains a gaming
696 table or room, or gaming implements or apparatus, or house,
697 booth, tent, shelter or other place for the purpose of gaming or
698 gambling or in any place of which she or he may directly or
699 indirectly have charge, control or management, either
700 exclusively or with others, procures, suffers or permits any
701 person to play for money or other valuable thing at any game
702 whatever, whether heretofore prohibited or not, commits a felony
703 misdemeanor of the third second degree, punishable as provided
704 in s. 775.082, or s. 775.083, or s. 775.084.
705 Section 14. Section 849.02, Florida Statutes, is amended to
706 read:
707 849.02 Agents or employees of keeper of gambling house.—A
708 person who Whoever acts as servant, clerk, agent, or employee of
709 any person in the violation of s. 849.01 commits:
710 (1) For a first offense, a misdemeanor of the first degree,
711 punishable as provided in s. 775.082 or s. 775.083.
712 (2) For a second offense, a felony of the third degree,
713 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
714 (3) For a third or subsequent offense, a felony of the
715 second degree, punishable as provided in s. 775.082, s. 775.083,
716 or s. 775.084 shall be punished in the manner and to the extent
717 therein mentioned.
718 Section 15. Section 849.03, Florida Statutes, is amended to
719 read:
720 849.03 Renting house for gambling purposes.—A person who
721 Whoever, whether as owner or agent, knowingly rents to another a
722 house, room, booth, tent, shelter or place for the purpose of
723 gaming commits:
724 (1) For a first offense, a felony of the third degree,
725 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
726 shall be punished in the manner and to the extent mentioned in
727 s. 849.01.
728 (2) For a second or subsequent violation, a felony of the
729 second degree, punishable as provided in s. 775.082, s. 775.083,
730 or s. 775.084.
731 Section 16. Section 849.08, Florida Statutes, is amended to
732 read:
733 849.08 Gambling.—
734 (1) As used in this section, the term:
735 (a) “Internet gambling” means to play or engage in any game
736 in which money or other thing of value is awarded based on
737 chance, regardless of any application of skill, and which is
738 available on the Internet and accessible on a mobile device,
739 computer terminal, or other similar access device and simulates
740 casino-style gaming, including, but not limited to, slot
741 machines, video poker, and table games.
742 (b) “Internet sports wagering” means to stake, bet, or
743 wager any money or other thing of value upon the result of any
744 trial or contest of skill, speed, power, or endurance of human
745 or beast, other than pari-mutuel wagering conducted pursuant to
746 chapter 550, which is available on the Internet and accessible
747 on a mobile device, computer terminal, or other similar access
748 device.
749 (2) A person who Whoever plays or engages in Internet
750 gambling, any game at cards, keno, roulette, faro or other game
751 of chance, at any place, by any device whatever, for money or
752 other thing of value, commits shall be guilty of a misdemeanor
753 of the second degree, punishable as provided in s. 775.082 or s.
754 775.083.
755 (3) A person who plays or engages in Internet sports
756 wagering commits:
757 (a) For a first offense, a misdemeanor of the second
758 degree, punishable as provided in s. 775.082 or s. 775.083.
759 (b) For a second or subsequent violation, a misdemeanor of
760 the first degree, punishable as provided in s. 775.082 or s.
761 775.083.
762 (4) A person who operates, conducts, or promotes Internet
763 gambling or Internet sports wagering, or receives in any manner
764 whatsoever any money or other thing of value offered for the
765 purpose of Internet gambling or Internet sports wagering, or who
766 knowingly becomes the custodian or depositary of any money or
767 other thing of value so offered, or who aids, assists, abets, or
768 influences in any manner in any of such acts, all of which are
769 hereby forbidden, commits a felony of the third degree,
770 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
771 (5) This section does not apply to participation in, or the
772 conduct of, any gaming activities authorized under s.
773 285.710(13) and conducted pursuant to a gaming compact ratified
774 and approved under s. 285.710(3).
775 Section 17. Paragraph (b) of subsection (12) of section
776 849.086, Florida Statutes, is amended, and paragraph (e) is
777 added to that subsection, to read:
778 849.086 Cardrooms authorized.—
779 (12) PROHIBITED ACTIVITIES.—
780 (b) A No person must be under 18 years of age or older may
781 be permitted to hold a cardroom or employee license, or engage
782 in any game conducted therein. However, a cardroom operator may,
783 at the operator’s discretion, limit the playing of any game to
784 persons 21 years of age or older.
785 (e) A person who manipulates or attempts to manipulate the
786 playing cards, outcome, or payoff of a card game in a licensed
787 cardroom by physical tampering or by use of any object,
788 instrument, or device, whether mechanical, electrical, magnetic,
789 or involving other means, commits a felony of the third degree,
790 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
791 Section 18. Section 849.0932, Florida Statutes, is created
792 to read:
793 849.0932 Fantasy sports contests; conditions for conduct.—
794 (1) As used in this section, the term:
795 (a) “Commission” means the Florida Gaming Control
796 Commission.
797 (b) “Confidential information” means information related to
798 the playing of fantasy sports contests by contest participants
799 which is obtained solely as a result of a person’s employment
800 with, or work as an agent of, a contest operator.
801 (c) “Contest operator” means a person or an entity that
802 offers fantasy sports contests for a cash prize to members of
803 the public. The term does not include a noncommercial contest
804 operator in this state.
805 (d) “Contest participant” means a person who pays an entry
806 fee for the ability to participate in a fantasy or simulation
807 sports game or contest offered by a contest operator or
808 noncommercial contest operator.
809 (e) “Entry fee” means the cash or cash equivalent amount
810 that a person is required to pay to a contest operator or
811 noncommercial contest operator to participate in a fantasy
812 sports contest.
813 (f) “Fantasy sports contest” means a fantasy or simulation
814 sports game or contest offered by a contest operator or a
815 noncommercial contest operator in which a contest participant
816 manages a fantasy or simulation sports team composed of athletes
817 from a professional sports organization and which meets each of
818 the following requirements:
819 1. All prizes and awards offered to winning contest
820 participants are established and made known to the contest
821 participants in advance of the game or contest, and their value
822 is not determined by the number of contest participants or the
823 amount of any fees paid by those contest participants.
824 2. All winning outcomes reflect the relative knowledge and
825 skill of the contest participants and are determined
826 predominantly by accumulated statistical results of the
827 performance of individuals, including athletes in the case of
828 sporting events.
829 3. No winning outcome is based on the score, point spread,
830 or any performance or performances of any single actual team or
831 combination of such teams; solely on any single performance of
832 an individual athlete or player in a single actual event; on a
833 pari-mutuel event, as the term “pari-mutuel” is defined in s.
834 550.002; on a game of poker or other card game; or on the
835 performances of participants in collegiate, high school, or
836 youth sporting events.
837 4. No casino graphics, themes, or titles, including, but
838 not limited to, depictions of slot machine-style symbols, cards,
839 dice, craps, roulette, or lotto, are displayed or depicted.
840 (g) “Noncommercial contest operator” means a natural person
841 who organizes and conducts a fantasy or simulation sports game
842 in which contest participants are charged entry fees for the
843 right to participate and who collects, maintains, and
844 distributes such entry fees.
845 (2) The total entry fees collected, maintained, and
846 distributed by a noncommercial contest operator for a fantasy
847 sports contest may not exceed $1,500 per season or a total of
848 $10,000 per calendar year. All entry fees must be returned to
849 the contest participants in the form of prizes.
850 (3) The Florida Gaming Control Commission shall investigate
851 violations of this section and refer them to the Attorney
852 General or the state attorney in the circuit in which the
853 violation occurs. The Attorney General or state attorney may
854 also institute proceedings to enjoin any person found to be
855 violating this section.
856 (4)(a) A violation of this section is punishable by a fine
857 of $1,000 in addition to civil and criminal penalties.
858 (b) An operator or owner of any website, platform, or
859 application that offers fantasy sports contests in violation of
860 this section is subject to a fine of up to $100,000 per
861 violation.
862 (5)(a) A person who willfully and knowingly violates this
863 section commits a misdemeanor of the first degree, punishable as
864 provided in s. 775.082 or s. 775.083.
865 (b) An operator or owner of any application, platform, or
866 website that offers fantasy sports contests in violation of this
867 section commits a felony of the third degree, punishable as
868 provided in s. 775.082, s. 775.083, or s. 775.084.
869 Section 19. Section 849.11, Florida Statutes, is amended to
870 read:
871 849.11 Plays at games of chance by lot.—
872 (1) A person who Whoever sets up, promotes or plays in
873 person or by the use, at least in part, of the Internet, at any
874 game of chance by lot or with dice, cards, numbers, hazards or
875 any other gambling device whatever for, or for the disposal of
876 money or other thing of value or under the pretext of a sale,
877 gift or delivery thereof, or for any right, share or interest
878 therein, commits shall be guilty of a misdemeanor of the second
879 degree, punishable as provided in s. 775.082 or s. 775.083.
880 (2) A person who sets up, operates, conducts, promotes, or
881 receives in any manner whatsoever any money or other thing of
882 value offered for the purpose of conduct prohibited in
883 subsection (1), or who knowingly becomes the custodian or
884 depositary of any money or other thing of value so offered, or
885 who aids, assists, abets, or influences in any manner in any
886 such acts, commits a felony of the third degree, punishable as
887 provided in s. 775.082, s. 775.083, or s. 775.084.
888 Section 20. Section 849.13, Florida Statutes, is amended to
889 read:
890 849.13 Punishment on Second or subsequent conviction.—A
891 person who commits a second or subsequent violation of the same
892 Whoever, after being convicted of an offense forbidden by law in
893 connection with lotteries for which there is no penalty
894 specified for a second or subsequent violation, shall have the
895 offense reclassified to an offense of the next higher degree,
896 commits the like offense, shall be guilty of a misdemeanor of
897 the first degree, punishable as provided in s. 775.082, or s.
898 775.083, or s. 775.084. For purposes of sentencing under chapter
899 921, a felony offense that is reclassified under this subsection
900 is ranked one level above the ranking under s. 921.0022 or s.
901 921.0023 of the felony offense committed.
902 Section 21. Section 849.14, Florida Statutes, is amended to
903 read:
904 849.14 Unlawful to bet on result of trial or contest of
905 skill, etc.—A person who Whoever stakes, bets, or wagers any
906 money or other thing of value upon the result of any trial or
907 contest of skill, speed or power or endurance of human or beast,
908 or who whoever receives in any manner whatsoever any money or
909 other thing of value staked, bet, or wagered, or offered for the
910 purpose of being staked, bet, or wagered, by or for any other
911 person upon any such result, or who whoever knowingly becomes
912 the custodian or depositary of any money or other thing of value
913 so staked, bet, or wagered upon any such result, or who whoever
914 aids, or assists, or abets, or influences in any manner in any
915 of such acts all of which are hereby forbidden, commits a felony
916 of the third degree, punishable as provided in s. 775.082, or s.
917 775.083, or s. 775.084.
918 Section 22. Section 849.15, Florida Statutes, is amended to
919 read:
920 849.15 Manufacture, sale, possession, etc., of slot
921 machines or devices prohibited.—
922 (1) As used in this section, the term:
923 (a) “Conviction” means a determination of guilt that is the
924 result of a plea or trial, regardless of whether adjudication is
925 withheld or a plea of nolo contendere is entered.
926 (b) “Person of authority” means a person who, at any
927 business, establishment, premises, or other location at which a
928 slot machine or device is offered for play, has:
929 1. Actual authority to act on behalf of the business,
930 establishment, premises, or other location where a slot machine
931 or device is offered for play; or
932 2. Any ownership interest in the business, establishment,
933 premises, or other location. The term “ownership interest”
934 includes being an officer, a director, or a managing member of
935 the business, establishment, premises, or other location.
936 (2)(1) It is unlawful:
937 (a) To manufacture, own, store, keep, possess, sell, rent,
938 lease, let on shares, lend or give away, transport, or expose
939 for sale or lease, or to offer to sell, rent, lease, let on
940 shares, lend or give away, or permit the operation of, or for
941 any person to permit to be placed, maintained, or used or kept
942 in any room, space, or building owned, leased or occupied by the
943 person or under the person’s management or control, any slot
944 machine or device or any part thereof; or
945 (b) To make or to permit to be made with any person any
946 agreement with reference to any slot machine or device, pursuant
947 to which the user thereof, as a result of any element of chance
948 or other outcome unpredictable to him or her, may become
949 entitled to receive any money, credit, allowance, or thing of
950 value or additional chance or right to use such machine or
951 device, or to receive any check, slug, token or memorandum
952 entitling the holder to receive any money, credit, allowance or
953 thing of value.
954 (3)(a) Except as provided in paragraphs (b) and (c), a
955 person who violates subsection (2) commits a misdemeanor of the
956 first degree, punishable as provided in s. 775.082 or s.
957 775.083.
958 (b) A person commits a felony of the third degree,
959 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
960 if he or she violates subsection (2), and:
961 1. At the time of the violation, the person was a person of
962 authority; or
963 2. The person has one prior conviction for a violation of
964 this section.
965 (c) A person commits a felony of the second degree,
966 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
967 if he or she violates subsection (2), and:
968 1.a. At the time of the violation, the person was a person
969 of authority; and
970 b. The violation involves five or more slot machines or
971 devices; or
972 2. The person has two or more prior convictions for a
973 violation of this section.
974 (4)(2) Pursuant to section 2 of that chapter of the
975 Congress of the United States entitled “An act to prohibit
976 transportation of gaming devices in interstate and foreign
977 commerce,” approved January 2, 1951, being ch. 1194, 64 Stat.
978 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
979 of Florida, acting by and through the duly elected and qualified
980 members of its Legislature, does hereby in this section, and in
981 accordance with and in compliance with the provisions of section
982 2 of such chapter of Congress, declare and proclaim that any
983 county of the State of Florida within which slot machine gaming
984 is authorized pursuant to chapter 551 is exempt from the
985 provisions of section 2 of that chapter of the Congress of the
986 United States entitled “An act to prohibit transportation of
987 gaming devices in interstate and foreign commerce,” designated
988 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
989 shipments of gaming devices, including slot machines, into any
990 county of this state within which slot machine gaming is
991 authorized pursuant to chapter 551 and the registering,
992 recording, and labeling of which have been duly performed by the
993 manufacturer or distributor thereof in accordance with sections
994 3 and 4 of that chapter of the Congress of the United States
995 entitled “An act to prohibit transportation of gaming devices in
996 interstate and foreign commerce,” approved January 2, 1951,
997 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
998 ss. 1171-1177, shall be deemed legal shipments thereof into this
999 state provided the destination of such shipments is an eligible
1000 facility as defined in s. 551.102 or the facility of a slot
1001 machine manufacturer or slot machine distributor as provided in
1002 s. 551.109(2)(a).
1003 (5) All shipments of legal gaming devices, including legal
1004 slot machines, into Indian lands located within this state shall
1005 be deemed legal shipments thereof provided that such Indian
1006 lands are held in federal trust for the benefit of a federally
1007 recognized Indian tribe that is a party to a tribal-state
1008 compact with the state pursuant to the federal Indian Gaming
1009 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C.
1010 ss. 2701 et seq.
1011 Section 23. Section 849.155, Florida Statutes, is created
1012 to read:
1013 849.155 Trafficking in slot machines, devices, or parts.
1014 Any person who knowingly sells, purchases, manufactures,
1015 transports, delivers, or brings into this state more than 15
1016 slot machines or devices or any parts thereof commits a felony
1017 of the first degree, punishable as provided in s. 775.082, s.
1018 775.083, or s. 775.084. If the quantity of slot machines or
1019 devices or any parts thereof involved is:
1020 (1) More than 15 slot machines or devices or any parts
1021 thereof, but less than 25 slot machines or devices or any parts
1022 thereof, such person must be fined $100,000.
1023 (2) Twenty-five slot machines or devices or any parts
1024 thereof or more, but less than 50 slot machines or devices or
1025 any parts thereof, such person must be fined $250,000.
1026 (3) Fifty slot machines or devices or any parts thereof or
1027 more, such person must be fined $500,000.
1028 (4) Pursuant to section 2 of the chapter of the Congress of
1029 the United States entitled “An act to prohibit transportation of
1030 gaming devices in interstate and foreign commerce,” approved
1031 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
1032 designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
1033 acting by and through the duly elected and qualified members of
1034 its Legislature, does hereby in this section, and in accordance
1035 with and in compliance with section 2 of such chapter of
1036 Congress, declare and proclaim that any county of the State of
1037 Florida within which slot machine gaming is authorized pursuant
1038 to chapter 551 is exempt from section 2 of that chapter of the
1039 Congress of the United States entitled “An act to prohibit
1040 transportation of gaming devices in interstate and foreign
1041 commerce,” designated as 15 U.S.C. ss. 1171-1177, approved
1042 January 2, 1951. All shipments of gaming devices, including slot
1043 machines, into any county of this state within which slot
1044 machine gaming is authorized pursuant to chapter 551 and the
1045 registering, recording, and labeling of which have been duly
1046 performed by the manufacturer or distributor thereof in
1047 accordance with sections 3 and 4 of that chapter of the Congress
1048 of the United States entitled “An act to prohibit transportation
1049 of gaming devices in interstate and foreign commerce,” approved
1050 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
1051 designated as 15 U.S.C. ss. 1171-1177, shall be deemed legal
1052 shipments thereof into this state provided the destination of
1053 such shipments is an eligible facility as defined in s. 551.102
1054 or the facility of a slot machine manufacturer or slot machine
1055 distributor as provided in s. 551.109(2)(a).
1056 (5) All shipments of legal gaming devices, including legal
1057 slot machines, into Indian lands located within this state shall
1058 be deemed legal shipments thereof provided that such Indian
1059 lands are held in federal trust for the benefit of a federally
1060 recognized Indian tribe that is a party to a tribal-state
1061 compact with the state pursuant to the federal Indian Gaming
1062 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C.
1063 ss. 2701 et seq.
1064
1065 Notwithstanding any other law, all fines imposed and collected
1066 pursuant to this section must be deposited into the Pari-mutuel
1067 Wagering Trust Fund and may be used for the enforcement of this
1068 chapter and chapters 546, 550, and 551 by the Florida Gaming
1069 Control Commission.
1070 Section 24. Section 849.157, Florida Statutes, is created
1071 to read:
1072 849.157 Making a false or misleading statement regarding
1073 the legality of slot machines or devices to facilitate sale.—
1074 (1) Except as provided in subsection (2), a person who
1075 knowingly and willfully makes a materially false or misleading
1076 statement or who knowingly and willfully disseminates false or
1077 misleading information regarding the legality of a slot machine
1078 or device for the purpose of facilitating the sale or delivery
1079 of a slot machine or device for any money or other valuable
1080 consideration commits a felony of the third degree, punishable
1081 as provided in s. 775.082, s. 775.083, or s. 775.084.
1082 (2) A person who violates subsection (1), when such a
1083 violation involves the sale or delivery, or attempted sale or
1084 delivery, of five or more slot machines or devices, commits a
1085 felony of the second degree, punishable as provided in s.
1086 775.082, s. 775.083, or s. 775.084.
1087 Section 25. Section 849.23, Florida Statutes, is repealed.
1088 Section 26. Section 849.47, Florida Statutes, is created to
1089 read:
1090 849.47 Transporting or procuring the transportation of
1091 persons to facilitate illegal gambling.—
1092 (1) As used in this section, the term “illegal gambling”
1093 means any criminal violation of this chapter, chapter 546,
1094 chapter 550, or chapter 551 that occurs at any business,
1095 establishment, premises, or other location.
1096 (2) Except as provided in subsection (3), a person who
1097 knowingly and willfully transports, or procures the
1098 transportation of, five or more other persons into or within
1099 this state when he or she knows or reasonably should know that
1100 such transportation is for the purpose of facilitating illegal
1101 gambling commits a misdemeanor of the first degree, punishable
1102 as provided in s. 775.082 or s. 775.083.
1103 (3)(a) A person who transports, or procures the
1104 transportation of, a minor or a person 65 years of age or older
1105 in violation of subsection (2) commits a felony of the third
1106 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1107 775.084.
1108 (b) A person who transports, or procures the transportation
1109 of, 12 or more persons in violation of subsection (2) commits a
1110 felony of the third degree, punishable as provided in s.
1111 775.082, s. 775.083, or s. 775.084.
1112 Section 27. Section 849.48, Florida Statutes, is created to
1113 read:
1114 849.48 Gambling or gaming advertisements; prohibited.—
1115 (1) As used in this section, the term “illegal gambling”
1116 means any criminal violation of this chapter, chapter 546,
1117 chapter 550, or chapter 551 which occurs at any business,
1118 establishment, premises, or other location.
1119 (2)(a) Except as otherwise specifically authorized by law,
1120 a person may not knowingly and intentionally make, publish,
1121 disseminate, circulate, or place before the public, or cause,
1122 directly or indirectly, to be made, published, disseminated,
1123 circulated, or placed before the public in this state, in any
1124 manner, whether in person or by the use, at least in part, of
1125 the Internet, any advertisement, circular, bill, poster,
1126 pamphlet, list, schedule, announcement, or notice for the
1127 purpose of promoting or facilitating illegal gambling.
1128 (b) Except as otherwise specifically authorized by law, a
1129 person may not set up any type or plate for any type of
1130 advertisement, circular, bill, poster, pamphlet, list, schedule,
1131 announcement, or notice when he or she knows or reasonably
1132 should know that such material will be used for the purpose of
1133 promoting or facilitating illegal gambling.
1134 (c) A person who violates this subsection commits:
1135 1. For a first offense, a misdemeanor of the first degree,
1136 punishable as provided in s. 775.082 or s. 775.083.
1137 2. For a second or subsequent offense, a felony of the
1138 third degree, punishable as provided in s. 775.082, s. 775.083,
1139 or s. 775.084.
1140 (3) This section does not prohibit the printing or
1141 producing of any advertisement, circular, bill, poster,
1142 pamphlet, list, schedule, announcement, or notice to be used for
1143 the purpose of promoting or facilitating gambling conducted in
1144 any other state or nation, outside of this state, where such
1145 gambling is not prohibited.
1146 Section 28. Section 849.49, Florida Statutes, is created to
1147 read:
1148 849.49 Preemption.—A county, municipality, or other
1149 political subdivision of the state may not enact or enforce any
1150 ordinance or local rule relating to gaming, gambling, lotteries,
1151 or any activities described in this chapter or s. 546.10, except
1152 as otherwise expressly provided by general law, special law, or
1153 the State Constitution.
1154 Section 29. Present paragraphs (i) through (m) of
1155 subsection (2) of section 903.046, Florida Statutes, are
1156 redesignated as paragraphs (j) through (n), respectively, and a
1157 new paragraph (i) is added to that subsection, to read:
1158 903.046 Purpose of and criteria for bail determination.—
1159 (2) When determining whether to release a defendant on bail
1160 or other conditions, and what that bail or those conditions may
1161 be, the court shall consider:
1162 (i) The amount of currency seized that is connected to or
1163 involved in a violation of chapter 546, chapter 550, chapter
1164 551, or chapter 849.
1165 Section 30. Paragraphs (a), (c), (e), and (g) of subsection
1166 (3) of section 921.0022, Florida Statutes, are amended to read:
1167 921.0022 Criminal Punishment Code; offense severity ranking
1168 chart.—
1169 (3) OFFENSE SEVERITY RANKING CHART
1170 (a) LEVEL 1
1171
1172
1173 FloridaStatute FelonyDegree Description
1174 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
1175 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
1176 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
1177 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
1178 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
1179 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
1180 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
1181 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
1182 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
1183 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
1184 322.212(5)(a) 3rd False application for driver license or identification card.
1185 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
1186 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
1187 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
1188 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
1189 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
1190 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
1191 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
1192 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
1193 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
1194 826.01 3rd Bigamy.
1195 828.122(3) 3rd Fighting or baiting animals.
1196 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
1197 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
1198 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
1199 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.
1200 838.15(2) 3rd Commercial bribe receiving.
1201 838.16 3rd Commercial bribery.
1202 843.18 3rd Fleeing by boat to elude a law enforcement officer.
1203 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
1204 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.
1205 849.23 3rd Gambling-related machines; “common offender” as to property rights.
1206 849.25(2) 3rd Engaging in bookmaking.
1207 860.08 3rd Interfere with a railroad signal.
1208 860.13(1)(a) 3rd Operate aircraft while under the influence.
1209 893.13(2)(a)2. 3rd Purchase of cannabis.
1210 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
1211 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
1212
1213 (c) LEVEL 3
1214
1215
1216 FloridaStatute FelonyDegree Description
1217 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
1218 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
1219 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1220 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
1221 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1222 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1223 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1224 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1225 327.35(2)(b) 3rd Felony BUI.
1226 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1227 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1228 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1229 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.
1230 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.
1231 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
1232 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
1233 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
1234 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
1235 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1236 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
1237 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
1238 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
1239 697.08 3rd Equity skimming.
1240 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1241 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.
1242 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1243 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1244 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1245 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older.
1246 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1247 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1248 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
1249 812.081(2) 3rd Theft of a trade secret.
1250 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
1251 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1252 817.233 3rd Burning to defraud insurer.
1253 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
1254 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1255 817.236 3rd Filing a false motor vehicle insurance application.
1256 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
1257 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
1258 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
1259 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
1260 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
1261 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
1262 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1263 838.12(3) 3rd Betting on a predetermined or prearranged professional or amateur game, contest, match, race, or sport.
1264 849.01 3rd Keeping a gambling house.
1265 849.02(2) 3rd Agents or employees of keeper of gambling house.
1266 849.03(1) 3rd Renting house for gambling purposes.
1267 849.08(4) 3rd Operating, conducting, promoting, aiding, abetting, assisting Internet gambling and Internet sports wagering.
1268 849.086(12)(e) 3rd Tampering with cards or card games.
1269 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.
1270 849.09(1)(e), (f), (g), (i), or (k) 3rd Conducting an unlawful lottery; second or subsequent offense.
1271 849.09(1)(h) or (j) 3rd Conducting an unlawful lottery; second or subsequent offense.
1272 849.11(2) 3rd Offenses relating to games of chance.
1273 849.14 3rd Betting on result of trial or contest of skill, etc.
1274 849.15(3)(b) 3rd Manufacture, sale, or possession of slot machine; by person of authority or with prior conviction.
1275 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices.
1276 849.25(2) 3rd Engaging in bookmaking.
1277 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.
1278 849.48(2)(c) 3rd Illegal gambling advertising.
1279 847.01385 3rd Harmful communication to a minor.
1280 860.15(3) 3rd Overcharging for repairs and parts.
1281 870.01(2) 3rd Riot.
1282 870.01(4) 3rd Inciting a riot.
1283 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).
1284 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.
1285 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.
1286 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
1287 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1288 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1289 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1290 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1291 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1292 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.
1293 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.
1294 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1295 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.
1296 918.13(1) 3rd Tampering with or fabricating physical evidence.
1297 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
1298 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1299 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1300
1301 (e) LEVEL 5
1302
1303
1304 FloridaStatute FelonyDegree Description
1305 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
1306 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
1307 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
1308 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
1309 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
1310 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.
1311 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
1312 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
1313 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
1314 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
1315 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
1316 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
1317 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
1318 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
1319 790.01(3) 3rd Unlawful carrying of a concealed firearm.
1320 790.162 2nd Threat to throw or discharge destructive device.
1321 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
1322 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
1323 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
1324 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
1325 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
1326 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
1327 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
1328 810.145(4)(c) 3rd Commercial digital voyeurism dissemination.
1329 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
1330 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
1331 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
1332 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
1333 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
1334 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
1335 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
1336 812.019(1) 2nd Stolen property; dealing in or trafficking in.
1337 812.081(3) 2nd Trafficking in trade secrets.
1338 812.131(2)(b) 3rd Robbery by sudden snatching.
1339 812.16(2) 3rd Owning, operating, or conducting a chop shop.
1340 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
1341 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
1342 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.
1343 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.
1344 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
1345 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
1346 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
1347 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
1348 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
1349 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.
1350 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
1351 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
1352 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
1353 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
1354 849.02(3) 2nd Agents or employees of keeper of gambling house, 3rd or subsequent offense.
1355 849.03(2) 2nd Renting house for gambling purposes.
1356 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.
1357 849.157(2) 2nd False or misleading statement to facilitate sale of slot machines or devices; five or more machines.
1358 849.25(3) 2nd Bookmaking; second or subsequent offense.
1359 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
1360 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
1361 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).
1362 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.
1363 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.
1364 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.
1365 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.
1366 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
1367 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
1368
1369 (g) LEVEL 7
1370
1371
1372 FloridaStatute FelonyDegree Description
1373 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
1374 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1375 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.
1376 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1377 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1378 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1379 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1380 456.065(2) 3rd Practicing a health care profession without a license.
1381 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1382 458.327(1) 3rd Practicing medicine without a license.
1383 459.013(1) 3rd Practicing osteopathic medicine without a license.
1384 460.411(1) 3rd Practicing chiropractic medicine without a license.
1385 461.012(1) 3rd Practicing podiatric medicine without a license.
1386 462.17 3rd Practicing naturopathy without a license.
1387 463.015(1) 3rd Practicing optometry without a license.
1388 464.016(1) 3rd Practicing nursing without a license.
1389 465.015(2) 3rd Practicing pharmacy without a license.
1390 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1391 467.201 3rd Practicing midwifery without a license.
1392 468.366 3rd Delivering respiratory care services without a license.
1393 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1394 483.901(7) 3rd Practicing medical physics without a license.
1395 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1396 484.053 3rd Dispensing hearing aids without a license.
1397 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.
1398 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.
1399 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1400 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1401 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
1402 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1403 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1404 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1405 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1406 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1407 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1408 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1409 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1410 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1411 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1412 784.048(7) 3rd Aggravated stalking; violation of court order.
1413 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1414 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1415 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1416 784.081(1) 1st Aggravated battery on specified official or employee.
1417 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1418 784.083(1) 1st Aggravated battery on code inspector.
1419 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
1420 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.
1421 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1422 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1423 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1424 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1425 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1426 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1427 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1428 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.
1429 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
1430 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
1431 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
1432 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.
1433 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.
1434 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1435 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1436 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1437 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1438 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1439 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.
1440 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1441 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1442 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1443 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
1444 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1445 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1446 812.131(2)(a) 2nd Robbery by sudden snatching.
1447 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1448 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1449 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1450 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1451 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1452 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.
1453 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
1454 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
1455 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1456 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
1457 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1458 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.
1459 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1460 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1461 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
1462 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
1463 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1464 838.015 2nd Bribery.
1465 838.016 2nd Unlawful compensation or reward for official behavior.
1466 838.021(3)(a) 2nd Unlawful harm to a public servant.
1467 838.22 2nd Bid tampering.
1468 843.0855(2) 3rd Impersonation of a public officer or employee.
1469 843.0855(3) 3rd Unlawful simulation of legal process.
1470 843.0855(4) 3rd Intimidation of a public officer or employee.
1471 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1472 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1473 849.155 1st Trafficking in slot machines or devices or any parts thereof.
1474 872.06 2nd Abuse of a dead human body.
1475 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1476 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1477 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.
1478 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.
1479 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
1480 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1481 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1482 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1483 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
1484 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
1485 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
1486 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
1487 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
1488 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
1489 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
1490 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
1491 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1492 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1493 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1494 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1495 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
1496 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
1497 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
1498 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1499 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1500 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1501 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1502 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1503 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1504 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1505 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1506 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1507 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1508 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1509 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1510 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1511 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1512 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1513
1514 Section 31. Paragraph (a) of subsection (1) and paragraph
1515 (a) of subsection (2) of section 772.102, Florida Statutes, are
1516 amended to read:
1517 772.102 Definitions.—As used in this chapter, the term:
1518 (1) “Criminal activity” means to commit, to attempt to
1519 commit, to conspire to commit, or to solicit, coerce, or
1520 intimidate another person to commit:
1521 (a) Any crime that is chargeable by indictment or
1522 information under the following provisions:
1523 1. Section 210.18, relating to evasion of payment of
1524 cigarette taxes.
1525 2. Section 414.39, relating to public assistance fraud.
1526 3. Section 440.105 or s. 440.106, relating to workers’
1527 compensation.
1528 4. Part IV of chapter 501, relating to telemarketing.
1529 5. Chapter 517, relating to securities transactions.
1530 6. Section 550.235 or s. 550.3551, relating to dogracing
1531 and horseracing.
1532 7. Chapter 550, relating to jai alai frontons.
1533 8. Chapter 552, relating to the manufacture, distribution,
1534 and use of explosives.
1535 9. Chapter 562, relating to beverage law enforcement.
1536 10. Section 624.401, relating to transacting insurance
1537 without a certificate of authority, s. 624.437(4)(c)1., relating
1538 to operating an unauthorized multiple-employer welfare
1539 arrangement, or s. 626.902(1)(b), relating to representing or
1540 aiding an unauthorized insurer.
1541 11. Chapter 687, relating to interest and usurious
1542 practices.
1543 12. Section 721.08, s. 721.09, or s. 721.13, relating to
1544 real estate timeshare plans.
1545 13. Chapter 782, relating to homicide.
1546 14. Chapter 784, relating to assault and battery.
1547 15. Chapter 787, relating to kidnapping or human
1548 trafficking.
1549 16. Chapter 790, relating to weapons and firearms.
1550 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
1551 relating to prostitution.
1552 18. Chapter 806, relating to arson.
1553 19. Section 810.02(2)(c), relating to specified burglary of
1554 a dwelling or structure.
1555 20. Chapter 812, relating to theft, robbery, and related
1556 crimes.
1557 21. Chapter 815, relating to computer-related crimes.
1558 22. Chapter 817, relating to fraudulent practices, false
1559 pretenses, fraud generally, and credit card crimes.
1560 23. Section 827.071, relating to commercial sexual
1561 exploitation of children.
1562 24. Chapter 831, relating to forgery and counterfeiting.
1563 25. Chapter 832, relating to issuance of worthless checks
1564 and drafts.
1565 26. Section 836.05, relating to extortion.
1566 27. Chapter 837, relating to perjury.
1567 28. Chapter 838, relating to bribery and misuse of public
1568 office.
1569 29. Chapter 843, relating to obstruction of justice.
1570 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1571 s. 847.07, relating to obscene literature and profanity.
1572 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1573 849.25, relating to gambling.
1574 32. Chapter 893, relating to drug abuse prevention and
1575 control.
1576 33. Section 914.22 or s. 914.23, relating to witnesses,
1577 victims, or informants.
1578 34. Section 918.12 or s. 918.13, relating to tampering with
1579 jurors and evidence.
1580 (2) “Unlawful debt” means any money or other thing of value
1581 constituting principal or interest of a debt that is legally
1582 unenforceable in this state in whole or in part because the debt
1583 was incurred or contracted:
1584 (a) In violation of any one of the following provisions of
1585 law:
1586 1. Section 550.235 or s. 550.3551, relating to dogracing
1587 and horseracing.
1588 2. Chapter 550, relating to jai alai frontons.
1589 3. Section 687.071, relating to criminal usury and loan
1590 sharking.
1591 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1592 849.25, relating to gambling.
1593 Section 32. Paragraph (a) of subsection (12) of section
1594 895.02, Florida Statutes, is amended to read:
1595 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
1596 (12) “Unlawful debt” means any money or other thing of
1597 value constituting principal or interest of a debt that is
1598 legally unenforceable in this state in whole or in part because
1599 the debt was incurred or contracted:
1600 (a) In violation of any one of the following provisions of
1601 law:
1602 1. Section 550.235 or s. 550.3551, relating to dogracing
1603 and horseracing.
1604 2. Chapter 550, relating to jai alai frontons.
1605 3. Section 551.109, relating to slot machine gaming.
1606 4. Chapter 687, relating to interest and usury.
1607 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1608 849.25, relating to gambling.
1609 Section 33. For the purpose of incorporating the amendment
1610 made by this act to section 550.09515, Florida Statutes, in a
1611 reference thereto, subsection (3) of section 550.3345, Florida
1612 Statutes, is reenacted to read:
1613 550.3345 Conversion of quarter horse permit to a limited
1614 thoroughbred permit.—
1615 (3) Unless otherwise provided in this section, after
1616 conversion, the permit and the not-for-profit corporation shall
1617 be treated under the laws of this state as a thoroughbred permit
1618 and as a thoroughbred permitholder, respectively, with the
1619 exception of ss. 550.09515(3) and 550.6308.
1620 Section 34. This act shall take effect October 1, 2025.