Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for SB 1580
Ì498764UÎ498764
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/03/2026 .
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The Committee on Rules (Martin) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1312 - 1938
4 and insert:
5 849.49 Preemption.—
6 (1) The Legislature finds that illegal gambling is a
7 detriment to public safety and pervasive in local communities
8 throughout this state. It is the intent of the Legislature that,
9 in order to preserve the safety and welfare of residents, laws
10 regarding illegal gambling be enforced uniformly throughout this
11 state and regardless of local jurisdiction. Any ordinance,
12 regulation, resolution, rule, or other policy relating to
13 illegal gambling which is passed by any county, municipality, or
14 political subdivision commenced or in effect on or after October
15 1, 2026, is deemed null and void and of no legal force and
16 effect unless authorized in subsection (2).
17 (2) A county, municipality, or other political subdivision
18 of the state may not enact or enforce any ordinance or local
19 rule relating to gaming, gambling, lotteries, or any activity
20 described in s. 546.10 or this chapter, except as otherwise
21 expressly provided by general law, special law, or the State
22 Constitution. This subsection does not apply to a local land use
23 or zoning regulation that prohibits gaming, gambling, lotteries,
24 or any activity described in s. 546.10 or this chapter.
25 Section 31. Effective July 1, 2026, section 849.51, Florida
26 Statutes, is created to read:
27 849.51 Limited Slot Machine Surrender Program.—
28 (1) The Legislature finds that illegal gaming operations
29 not only undermine public trust but also expose citizens of this
30 state to organized criminal conduct, financial exploitation, and
31 a host of other social harms. Furthermore, the Legislature finds
32 that certain persons or entities owning, storing, keeping,
33 possessing, transporting, permitting the operation of, or
34 otherwise offering illegal gaming devices for play may have been
35 misled regarding the legality of the otherwise illegal gaming
36 devices. Therefore, the Legislature finds that there is a
37 compelling state interest in creating a limited period of time
38 in which otherwise illegal gaming devices may be surrendered
39 without penalty to ensure that any unknowing or otherwise
40 innocent party may avoid criminal prosecution or civil penalty.
41 (2) There is created within the commission the Limited Slot
42 Machine Surrender Program. The purpose of the program is to
43 allow individuals and organizations an opportunity to surrender
44 or otherwise disclaim any and all interest in any gaming
45 devices, including, but not limited to, those devices or games
46 described in ss. 849.09 and 849.16, and devices or games
47 purported to be authorized by ss. 546.10, 849.0931, 849.094, and
48 849.14, and convey such gaming devices to the commission. The
49 surrender of a gaming device pursuant to the program is deemed
50 irrevocable and final.
51 (3) Any individual or organization that surrenders a gaming
52 device to the commission pursuant to the program is immune from
53 criminal prosecution for a violation of this chapter related to
54 any of the surrendered devices.
55 (4) The program shall begin by September 1, 2026, and end
56 on October 1, 2026.
57 (5) The commission shall advertise the program no earlier
58 than 60 days before October 1, 2026.
59 (6) A person or an entity does not have any right to
60 property in any of the devices surrendered to the commission
61 pursuant to this section.
62 (7) The commission may execute memoranda of understanding
63 with other criminal justice agencies to administer the program.
64 Section 32. Present paragraphs (i) through (m) of
65 subsection (2) of section 903.046, Florida Statutes, are
66 redesignated as paragraphs (j) through (n), respectively, and a
67 new paragraph (i) is added to that subsection, to read:
68 903.046 Purpose of and criteria for bail determination.—
69 (2) When determining whether to release a defendant on bail
70 or other conditions, and what that bail or those conditions may
71 be, the court shall consider:
72 (i) The amount of currency seized which is connected to or
73 involved in a violation of chapter 546, chapter 550, chapter
74 551, or chapter 849.
75 Section 33. Paragraphs (c), (e), (g), and (h) of subsection
76 (3) of section 921.0022, Florida Statutes, are amended to read:
77 921.0022 Criminal Punishment Code; offense severity ranking
78 chart.—
79 (3) OFFENSE SEVERITY RANKING CHART
80 (c) LEVEL 3
81
82 FloridaStatute FelonyDegree Description
83 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
84 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
85 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
86 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
87 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
88 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
89 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
90 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
91 327.35(2)(b) 3rd Felony BUI.
92 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
93 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
94 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
95 379.2431 (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.
96 379.2431 (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.
97 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
98 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
99 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
100 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
101 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
102 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
103 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
104 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
105 697.08 3rd Equity skimming.
106 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
107 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
108 800.045(3) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes a lewd or lascivious image.
109 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
110 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
111 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
112 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older.
113 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
114 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
115 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
116 812.081(2) 3rd Theft of a trade secret.
117 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
118 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
119 817.233 3rd Burning to defraud insurer.
120 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
121 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
122 817.236 3rd Filing a false motor vehicle insurance application.
123 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
124 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
125 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
126 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
127 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
128 836.13(2) 3rd Generating an altered sexual depiction of an identifiable person without consent.
129 836.13(4) 3rd Promoting, or possessing with intent to promote, an altered sexual depiction of an identifiable person without consent.
130 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
131 838.12 3rd Bribery in athletic contests.
132 847.01385 3rd Harmful communication to a minor.
133 849.01(2)(a) 3rd Keeping a gambling house.
134 849.01(3)(b) 3rd Knowingly benefitting from or participating in the operation of a gambling house.
135 849.02(1)(b) & (2)(a) 3rd Agents or employees of keeper of gambling house.
136 849.021(3)(a) 3rd Government employee misconduct relating to gambling houses.
137 849.03(1)(a) 3rd Renting space at a gambling house.
138 849.08(4) 3rd Internet wagering.
139 849.086(12)(e) 3rd Manipulating playing cards.
140 849.09(2) 3rd Illegal lottery.
141 849.11(2) 3rd Operating or playing games of chance by lot.
142 849.14 3rd Betting on result of trial or contest of skill.
143 849.15(3)(b) 3rd Manufacture, sale, possession, etc. of slot machines or devices.
144 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices.
145 849.25(2) 3rd Bookmaking.
146 849.47(3)(a)&(b) 3rd Transporting or procuring transportation of certain persons to facilitate gambling.
147 849.48(2)(c)2. 3rd Prohibited gambling or gaming advertisements.
148 860.15(3) 3rd Overcharging for repairs and parts.
149 870.01(2) 3rd Riot.
150 870.01(4) 3rd Inciting a riot.
151 893.13(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).
152 893.13(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.
153 893.13(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.
154 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
155 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
156 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
157 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
158 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
159 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
160 893.13(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.
161 893.13(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.
162 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
163 893.13(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.
164 918.13(1) 3rd Tampering with or fabricating physical evidence.
165 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
166 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
167 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
168
169 (e) LEVEL 5
170
171 FloridaStatute FelonyDegree Description
172 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
173 316.1935(3)(a) 2nd 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.
174 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
175 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
176 327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene.
177 365.172 (14)(b)2. 2nd Misuse of emergency communications system resulting in death.
178 379.365(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.
179 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
180 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
181 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
182 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
183 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
184 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
185 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
186 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
187 790.01(3) 3rd Unlawful carrying of a concealed firearm.
188 790.162 2nd Threat to throw or discharge destructive device.
189 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
190 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
191 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
192 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
193 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
194 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
195 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
196 810.145(4) 3rd Commercial digital voyeurism dissemination.
197 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
198 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
199 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
200 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
201 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
202 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
203 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
204 812.019(1) 2nd Stolen property; dealing in or trafficking in.
205 812.081(3) 2nd Trafficking in trade secrets.
206 812.131(2)(b) 3rd Robbery by sudden snatching.
207 812.16(2) 3rd Owning, operating, or conducting a chop shop.
208 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
209 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
210 817.2341(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.
211 817.568(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.
212 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
213 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
214 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
215 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
216 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
217 838.12 3rd Bribery in athletic contests(2nd or subsequent conviction).
218 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
219 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
220 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
221 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
222 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
223 849.01(2)(b) 2nd Keeping a gambling house (2nd or subsequent offense).
224 849.02(1)(c)&(2)(b) 2nd Agents or employees of keeper of gambling house (2nd or subsequent offense).
225 849.021(3)(b) 2nd Government employee misconduct relating to gambling houses (2nd or subsequent offense).
226 849.03(1)(b) 2nd Renting space at a gambling house (2nd or subsequent offense).
227 849.08(4) 2nd Operating, conducting, promoting, aiding, assisting, abetting, influencing Internet gambling and Internet sports wagering (2nd or subsequent conviction).
228 849.086(12)(e) 2nd Tampering with cards or card games (2nd or subsequent conviction).
229 849.11(2) 2nd Offenses related to games of chance (2nd or subsequent conviction).
230 849.14 2nd Betting on result of trial or contest of skill (2nd or subsequent conviction).
231 849.15(3)(c) 2nd Manufacture, sale, possession, etc. of slot machines or devices.
232 849.47(3)(a)&(b) 2nd Transporting persons to facilitate illegal gambling; minor, person 65 years of age or older, or 12 or more persons (2nd or subsequent conviction).
233 849.48(2)(c)2. 2nd Prohibited gambling or gaming advertisements (2nd or subsequent offense).
234 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
235 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
236 893.13(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).
237 893.13(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.
238 893.13(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.
239 893.13(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.
240 893.13(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.
241 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
242 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
243
244
245 (g) LEVEL 7
246
247 FloridaStatute FelonyDegree Description
248 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
249 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
250 316.1935(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.
251 327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious bodily injury.
252 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
253 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
254 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
255 456.065(2) 3rd Practicing a health care profession without a license.
256 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
257 458.327(1) 3rd Practicing medicine without a license.
258 459.013(1) 3rd Practicing osteopathic medicine without a license.
259 460.411(1) 3rd Practicing chiropractic medicine without a license.
260 461.012(1) 3rd Practicing podiatric medicine without a license.
261 462.17 3rd Practicing naturopathy without a license.
262 463.015(1) 3rd Practicing optometry without a license.
263 464.016(1) 3rd Practicing nursing without a license.
264 465.015(2) 3rd Practicing pharmacy without a license.
265 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
266 467.201 3rd Practicing midwifery without a license.
267 468.366 3rd Delivering respiratory care services without a license.
268 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
269 483.901(7) 3rd Practicing medical physics without a license.
270 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
271 484.053 3rd Dispensing hearing aids without a license.
272 494.0018(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.
273 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
274 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
275 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
276 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
277 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
278 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
279 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
280 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
281 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
282 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
283 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
284 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
285 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
286 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
287 784.048(7) 3rd Aggravated stalking; violation of court order.
288 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
289 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
290 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
291 784.081(1) 1st Aggravated battery on specified official or employee.
292 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
293 784.083(1) 1st Aggravated battery on code inspector.
294 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense.
295 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction.
296 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
297 787.06(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.
298 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
299 790.16(1) 1st Discharge of a machine gun under specified circumstances.
300 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
301 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
302 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
303 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
304 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
305 794.08(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.
306 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
307 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
308 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
309 800.04(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.
310 800.04(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.
311 806.01(2) 2nd Maliciously damage structure by fire or explosive.
312 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
313 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
314 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
315 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
316 812.014(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.
317 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
318 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
319 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
320 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
321 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
322 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
323 812.131(2)(a) 2nd Robbery by sudden snatching.
324 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
325 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
326 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
327 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
328 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
329 817.2341 (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.
330 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
331 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
332 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
333 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
334 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
335 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
336 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
337 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
338 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
339 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
340 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
341 838.015 2nd Bribery.
342 838.016 2nd Unlawful compensation or reward for official behavior.
343 838.021(3)(a) 2nd Unlawful harm to a public servant.
344 838.22 2nd Bid tampering.
345 843.0855(2) 3rd Impersonation of a public officer or employee.
346 843.0855(3) 3rd Unlawful simulation of legal process.
347 843.0855(4) 3rd Intimidation of a public officer or employee.
348 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
349 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
350 849.01(4) 2nd Keeping a gambling house; great bodily harm, permanent disability, or permanent disfigurement.
351 849.157(2) 2nd False or misleading statement to facilitate sale of 5 or more slot machines or devices.
352 872.06 2nd Abuse of a dead human body.
353 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
354 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
355 893.13(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.
356 893.13(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.
357 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
358 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
359 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
360 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
361 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
362 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
363 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
364 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
365 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
366 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
367 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
368 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
369 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
370 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
371 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
372 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
373 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
374 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
375 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
376 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
377 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
378 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
379 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
380 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
381 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
382 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
383 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
384 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
385 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
386 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
387 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
388 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
389 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
390 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
391
392
393 (h) LEVEL 8
394
395 FloridaStatute FelonyDegree Description
396 316.193 (3)(c)3.a. 2nd DUI manslaughter.
397 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
398 327.35 (3)(a)3.c.(I) 2nd Vessel BUI manslaughter.
399 499.0051(6) 1st Knowing trafficking in contraband prescription drugs.
400 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.
401 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
402 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
403 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
404 777.03(2)(a) 1st Accessory after the fact, capital felony.
405 782.04(3) 1st Killing of a human being during the attempt or perpetration of certain felonies.
406 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
407 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
408 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
409 782.071(1)(c) 1st Vehicular homicide with a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide.
410 782.072(2)(b) 1st Committing vessel homicide and failing to render aid or give information.
411 782.072(3) 1st Vessel homicide with a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide.
412 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
413 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
414 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
415 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
416 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
417 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
418 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
419 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
420 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
421 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
422 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
423 800.04(4)(b) 2nd Lewd or lascivious battery.
424 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
425 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
426 810.02(2)(a) 1st,PBL Burglary with assault or battery.
427 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
428 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
429 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
430 812.015(11)(b) 1st Retail theft; possession of a firearm during commission of offense.
431 812.13(2)(b) 1st Robbery with a weapon.
432 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
433 817.418(2)(b) 2nd Offering for sale or advertising personal protective equipment with intent to defraud; second or subsequent offense.
434 817.504(1)(b) 2nd Offering or advertising a vaccine with intent to defraud; second or subsequent offense.
435 817.505(4)(c) 1st Patient brokering; 20 or more patients.
436 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
437 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
438 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
439 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
440 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
441 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
442 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
443 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
444 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
445 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
446 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
447 849.155 1st Trafficking in slot machines or devices.
448 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
449 860.16 1st Aircraft piracy.
450 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
451 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
452 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
453 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
454 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
455 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
456 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
457 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
458 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.
459 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
460 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
461 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.
462 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
463 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
464 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
465 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
466 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
467 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
468 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
469 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
470 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
471 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
472 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
473 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
474
475
476 Section 34. Paragraph (a) of subsection (1) and paragraph
477 (a) of subsection (2) of section 772.102, Florida Statutes, are
478 amended to read:
479 772.102 Definitions.—As used in this chapter, the term:
480 (1) “Criminal activity” means to commit, to attempt to
481 commit, to conspire to commit, or to solicit, coerce, or
482 intimidate another person to commit:
483 (a) Any crime that is chargeable by indictment or
484 information under the following provisions:
485 1. Section 210.18, relating to evasion of payment of
486 cigarette taxes.
487 2. Section 414.39, relating to public assistance fraud.
488 3. Section 440.105 or s. 440.106, relating to workers’
489 compensation.
490 4. Part IV of chapter 501, relating to telemarketing.
491 5. Chapter 517, relating to securities transactions.
492 6. Section 550.235 or s. 550.3551, relating to dogracing
493 and horseracing.
494 7. Chapter 550, relating to jai alai frontons.
495 8. Chapter 552, relating to the manufacture, distribution,
496 and use of explosives.
497 9. Chapter 562, relating to beverage law enforcement.
498 10. Section 624.401, relating to transacting insurance
499 without a certificate of authority, s. 624.437(4)(c)1., relating
500 to operating an unauthorized multiple-employer welfare
501 arrangement, or s. 626.902(1)(b), relating to representing or
502 aiding an unauthorized insurer.
503 11. Chapter 687, relating to interest and usurious
504 practices.
505 12. Section 721.08, s. 721.09, or s. 721.13, relating to
506 real estate timeshare plans.
507 13. Chapter 782, relating to homicide.
508 14. Chapter 784, relating to assault and battery.
509 15. Chapter 787, relating to kidnapping or human
510 trafficking.
511 16. Chapter 790, relating to weapons and firearms.
512 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
513 relating to prostitution.
514 18. Chapter 806, relating to arson.
515 19. Section 810.02(2)(c), relating to specified burglary of
516 a dwelling or structure.
517 20. Chapter 812, relating to theft, robbery, and related
518 crimes.
519 21. Chapter 815, relating to computer-related crimes.
520 22. Chapter 817, relating to fraudulent practices, false
521 pretenses, fraud generally, and credit card crimes.
522 23. Section 827.071, relating to commercial sexual
523 exploitation of children.
524 24. Chapter 831, relating to forgery and counterfeiting.
525 25. Chapter 832, relating to issuance of worthless checks
526 and drafts.
527 26. Section 836.05, relating to extortion.
528 27. Chapter 837, relating to perjury.
529 28. Chapter 838, relating to bribery and misuse of public
530 office.
531 29. Chapter 843, relating to obstruction of justice.
532 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
533 s. 847.07, relating to obscene literature and profanity.
534 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
535 849.25, relating to gambling.
536 32. Chapter 893, relating to drug abuse prevention and
537 control.
538 33. Section 914.22 or s. 914.23, relating to witnesses,
539 victims, or informants.
540 34. Section 918.12, s. 918.125, or s. 918.13, relating to
541 tampering with or harassing court officials, retaliating against
542 court officials, and tampering with evidence.
543 (2) “Unlawful debt” means any money or other thing of value
544 constituting principal or interest of a debt that is legally
545 unenforceable in this state in whole or in part because the debt
546 was incurred or contracted:
547 (a) In violation of any one of the following provisions of
548 law:
549 1. Section 550.235 or s. 550.3551, relating to dogracing
550 and horseracing.
551 2. Chapter 550, relating to jai alai frontons.
552 3. Section 687.071, relating to criminal usury and loan
553 sharking.
554 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
555 849.25, relating to gambling.
556 Section 35. Section 849.17, Florida Statutes, is amended to
557 read:
558 849.17 Confiscation of machines by arresting officer.—Upon
559 the arrest of any person charged with the violation of ss.
560 849.15-849.22, any of the provisions of ss. 849.15-849.23 the
561 arresting officer shall take into his or her custody any such
562 machine, apparatus or device, and its contents, and the
563 arresting agency, at the place of seizure, shall make a complete
564 and correct list and inventory of all such things so taken into
565 his or her custody, and deliver to the person from whom such
566 article or articles may have been seized, a true copy of the
567 list of all such articles. The arresting agency shall retain all
568 evidence seized and shall have the same forthcoming at any
569 investigation, prosecution, or other proceedings, incident to
570 charges of violation of ss. 849.15-849.22 any of the provisions
571 of ss. 849.15-849.23.
572 Section 36. Section 849.18, Florida Statutes, is amended to
573 read:
574 849.18 Disposition of machines upon conviction.—Upon
575 conviction of the person arrested for the violation of ss.
576 849.15-849.22 any of the provisions of ss. 849.15-849.23, the
577 judge of the court trying the case, after such notice to the
578 person convicted, and any other person whom the judge may be of
579 the opinion is entitled to such notice, and as the judge may
580 deem reasonable, shall issue to the sheriff of the county a
581 written order adjudging and declaring any such machine,
582 apparatus or device forfeited, and directing such sheriff to
583 destroy the same, with the exception of the money. The order of
584 the court must shall state the time and place and the manner in
585 which such property must shall be destroyed, and the sheriff
586 shall destroy the same in the presence of the clerk of the
587 circuit court of such county.
588 Section 37. Section 849.20, Florida Statutes, is amended to
589 read:
590 849.20 Machines and devices declared nuisance; place of
591 operation subject to lien for fine.—Any room, house, building,
592 boat, vehicle, structure, or place wherein any machine or
593 device, or any part thereof, the possession, operation, or use
594 of which is prohibited by ss. 849.15-849.22 ss. 849.15-849.23,
595 must shall be maintained or operated, and each of such machines
596 or devices, is declared to be a common nuisance. If a person has
597 knowledge, or reason to believe, that his or her room, house,
598 building, boat, vehicle, structure, or place is occupied or used
599 in violation of ss. 849.15-849.22 the provisions of ss. 849.15
600 849.23 and by acquiescence or consent suffers the same to be
601 used, such room, house, building, boat, vehicle, structure, or
602 place is shall be subject to a lien for and may be sold to pay
603 all fines or costs assessed against the person guilty of such
604 nuisance, for such violation, and the several state attorneys
605 shall enforce such lien in the courts of this state having
606 jurisdiction.
607 Section 38. Section 849.21, Florida Statutes, is amended to
608 read:
609 849.21 Injunction to restrain violation.—An action to
610 enjoin any nuisance as herein defined may be brought by any
611 person in the courts of equity in this state. If it is made to
612 appear by affidavit or otherwise, to the satisfaction of the
613 court, or judge in vacation, that such nuisance exists, a
614 temporary writ of injunction shall forthwith issue restraining
615 the defendant from conducting or permitting the continuance of
616 such nuisance until the conclusion of the action. Upon
617 application of the complainant in such a proceeding, the court
618 or judge may also enter an order restraining the defendant and
619 all other persons from removing, or in any way interfering with
620 the machines or devices or other things used in connection with
621 the violation of ss. 849.15-849.22 ss. 849.15-849.23
622 constituting such a nuisance. A No bond is not shall be required
623 in instituting such proceedings.
624 Section 39. Section 849.22, Florida Statutes, is amended to
625 read:
626 849.22 Fees of clerk of circuit court and sheriff.—The
627 clerks of the courts and the sheriffs performing duties under
628 ss. 849.15-849.22 the provisions of ss. 849.15-849.23 shall
629 receive the same fees as prescribed by general law for the
630 performance of similar duties, and such fees must shall be paid
631 out of the fine and forfeiture fund of the county as costs are
632 paid upon conviction of an insolvent person.
633 Section 40. Paragraph (a) of subsection (12) of section
634 895.02, Florida Statutes, is amended to read:
635 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
636 (12) “Unlawful debt” means any money or other thing of
637 value constituting principal or interest of a debt that is
638 legally unenforceable in this state in whole or in part because
639 the debt was incurred or contracted:
640 (a) In violation of any one of the following provisions of
641 law:
642 1. Section 550.235 or s. 550.3551, relating to dogracing
643 and horseracing.
644 2. Chapter 550, relating to jai alai frontons.
645 3. Section 551.109, relating to slot machine gaming.
646 4. Chapter 687, relating to interest and usury.
647 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
648 849.25, relating to gambling.
649 Section 41. Except as otherwise expressly provided in this
650 act and except for this section, which shall take effect July 1,
651 2026, this act shall take effect October 1, 2026.
652
653 ================= T I T L E A M E N D M E N T ================
654 And the title is amended as follows:
655 Delete lines 199 - 227
656 and insert:
657 creating s. 849.49, F.S.; providing legislative
658 findings and intent; prohibiting counties,
659 municipalities, or other political subdivisions from
660 enacting or enforcing any ordinance or local rule
661 relating to certain gaming and gambling activities;
662 providing applicability; creating s. 849.51, F.S.;
663 providing legislative findings; creating the Limited
664 Slot Machine Surrender Program within the commission;
665 providing the purpose of the program; providing that
666 the surrender of any slot machine to the commission is
667 irrevocable and final; providing that an individual or
668 organization that surrenders a slot machine pursuant
669 to the program is immune from criminal prosecution;
670 requiring that the program begin and end within
671 specified timeframes; requiring the commission to
672 advertise the program before a specified timeframe;
673 providing that a person or entity that surrenders a
674 gaming device does not have any rights of the property
675 inside the slot machine; authorizing the commission to
676 enter into memoranda of understanding with other
677 criminal justice agencies to administer the program;
678 amending s. 903.046, F.S.; revising the circumstances
679 a court must consider when determining whether to
680 release a defendant on bail or other conditions;
681 amending s. 921.0022, F.S.; revising the ranking of
682 certain offenses on the offense severity ranking chart
683 of the Criminal Punishment Code; amending ss. 772.102,
684 849.17, 849.18, 849.20, 849.21, 849.22, and 895.02,
685 F.S.; conforming provisions to changes made by the
686 act; providing effective dates.