Florida Senate - 2026 COMMITTEE AMENDMENT
Bill No. CS for SB 1580
Ì587100jÎ587100
LEGISLATIVE ACTION
Senate . House
Comm: WD .
03/04/2026 .
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The Committee on Rules (Martin) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 798 - 1535
4 and insert:
5 Section 17. Section 849.08, Florida Statutes, is amended to
6 read:
7 849.08 Gambling.—
8 (1) As used in this section, the term “Internet sports
9 wagering” means to stake, bet, or wager money or other thing of
10 value upon the result of any trial or contest of skill, speed,
11 power, or endurance of human or beast, other than pari-mutuel
12 wagering conducted pursuant to chapter 550, which is available
13 on the Internet and accessible on a mobile device, computer
14 terminal, or other similar access device.
15 (2) A person who Whoever plays or engages in any game at
16 cards, keno, roulette, faro, or other game of chance, at any
17 place, by any device whatever, for money or other thing of
18 value, commits shall be guilty of a misdemeanor of the second
19 degree, punishable as provided in s. 775.082 or s. 775.083.
20 (3) A person who plays or engages in Internet sports
21 wagering commits:
22 (a) For a first violation, a misdemeanor of the second
23 degree, punishable as provided in s. 775.082 or s. 775.083.
24 (b) For a second or subsequent violation, a misdemeanor of
25 the first degree, punishable as provided in s. 775.082 or s.
26 775.083.
27 (4) A person who operates, conducts, or promotes Internet
28 sports wagering, or receives in any manner money or other thing
29 of value offered for the purpose of Internet sports wagering, or
30 who knowingly becomes the custodian or depositary of any money
31 or other thing of value so offered, or who aids, assists, abets,
32 or influences in any manner in any such acts, commits a felony
33 of the third degree, punishable as provided in s. 775.082, s.
34 775.083, or s. 775.084.
35 (5) This section does not apply to participation in, or the
36 conduct of, any gaming activities authorized under s.
37 285.710(13) and conducted pursuant to a gaming compact ratified
38 and approved under s. 285.710(3).
39 Section 18. Paragraph (e) is added to subsection (12) of
40 section 849.086, Florida Statutes, to read:
41 849.086 Cardrooms authorized.—
42 (12) PROHIBITED ACTIVITIES.—
43 (e) A person who manipulates or attempts to manipulate the
44 playing cards, outcome, or payoff of a card game in a licensed
45 cardroom by physical tampering or by use of any object,
46 instrument, or device, whether mechanical, electrical, magnetic,
47 or involving other means, commits a felony of the third degree,
48 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
49 Section 19. Section 849.09, Florida Statutes, is
50 republished to read:
51 849.09 Lottery prohibited; exceptions.—
52 (1) It is unlawful for any person in this state to:
53 (a) Set up, promote, or conduct any lottery for money or
54 for anything of value;
55 (b) Dispose of any money or other property of any kind
56 whatsoever by means of any lottery;
57 (c) Conduct any lottery drawing for the distribution of a
58 prize or prizes by lot or chance, or advertise any such lottery
59 scheme or device in any newspaper or by circulars, posters,
60 pamphlets, radio, telegraph, telephone, or otherwise;
61 (d) Aid or assist in the setting up, promoting, or
62 conducting of any lottery or lottery drawing, whether by
63 writing, printing, or in any other manner whatsoever, or be
64 interested in or connected in any way with any lottery or
65 lottery drawing;
66 (e) Attempt to operate, conduct, or advertise any lottery
67 scheme or device;
68 (f) Have in her or his possession any lottery wheel,
69 implement, or device whatsoever for conducting any lottery or
70 scheme for the disposal by lot or chance of anything of value;
71 (g) Sell, offer for sale, or transmit, in person or by mail
72 or in any other manner whatsoever, any lottery ticket, coupon,
73 or share, or any share in or fractional part of any lottery
74 ticket, coupon, or share, whether such ticket, coupon, or share
75 represents an interest in a live lottery not yet played or
76 whether it represents, or has represented, an interest in a
77 lottery that has already been played;
78 (h) Have in her or his possession any lottery ticket, or
79 any evidence of any share or right in any lottery ticket, or in
80 any lottery scheme or device, whether such ticket or evidence of
81 share or right represents an interest in a live lottery not yet
82 played or whether it represents, or has represented, an interest
83 in a lottery that has already been played;
84 (i) Aid or assist in the sale, disposal, or procurement of
85 any lottery ticket, coupon, or share, or any right to any
86 drawing in a lottery;
87 (j) Have in her or his possession any lottery
88 advertisement, circular, poster, or pamphlet, or any list or
89 schedule of any lottery prizes, gifts, or drawings; or
90 (k) Have in her or his possession any so-called “run down
91 sheets,” tally sheets, or other papers, records, instruments, or
92 paraphernalia designed for use, either directly or indirectly,
93 in, or in connection with, the violation of the laws of this
94 state prohibiting lotteries and gambling.
95
96 Provided, that nothing in this section shall prohibit
97 participation in any nationally advertised contest, drawing,
98 game or puzzle of skill or chance for a prize or prizes unless
99 it can be construed as a lottery under this section; and,
100 provided further, that this exemption for national contests
101 shall not apply to any such contest based upon the outcome or
102 results of any horserace, harness race, dograce, or jai alai
103 game.
104 (2) Any person who is convicted of violating any of the
105 provisions of paragraph (a), paragraph (b), paragraph (c), or
106 paragraph (d) of subsection (1) is guilty of a felony of the
107 third degree, punishable as provided in s. 775.082, s. 775.083,
108 or s. 775.084.
109 (3) Any person who is convicted of violating any of the
110 provisions of paragraph (e), paragraph (f), paragraph (g),
111 paragraph (i), or paragraph (k) of subsection (1) is guilty of a
112 misdemeanor of the first degree, punishable as provided in s.
113 775.082 or s. 775.083. Any person who, having been convicted of
114 violating any provision thereof, thereafter violates any
115 provision thereof is guilty of a felony of the third degree,
116 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
117 The provisions of this section do not apply to bingo as provided
118 for in s. 849.0931.
119 (4) Any person who is convicted of violating any of the
120 provisions of paragraph (h) or paragraph (j) of subsection (1)
121 is guilty of a misdemeanor of the first degree, punishable as
122 provided in s. 775.082 or s. 775.083. Any person who, having
123 been convicted of violating any provision thereof, thereafter
124 violates any provision thereof is guilty of a felony of the
125 third degree, punishable as provided in s. 775.082, s. 775.083,
126 or s. 775.084.
127 Section 20. Section 849.11, Florida Statutes, is amended to
128 read:
129 849.11 Plays at games of chance by lot.—
130 (1) A person who Whoever sets up, promotes or plays in
131 person or by the use, in whole or in part, of the Internet, at
132 any game of chance by lot or with dice, cards, numbers, hazards
133 or any other gambling device whatever for, or for the disposal
134 of money or other thing of value or under the pretext of a sale,
135 gift or delivery thereof, or for any right, share or interest
136 therein, commits shall be guilty of a misdemeanor of the second
137 degree, punishable as provided in s. 775.082 or s. 775.083.
138 (2) A person who sets up, operates, conducts, promotes, or
139 receives in any manner any money or other thing of value offered
140 for the purpose of conduct prohibited in subsection (1), or who
141 knowingly becomes the custodian or depositary of any money or
142 other thing of value so offered, or who aids, assists, abets, or
143 influences in any manner in any such acts, commits a felony of
144 the third degree, punishable as provided in s. 775.082, s.
145 775.083, or s. 775.084.
146 Section 21. Section 849.13, Florida Statutes, is amended to
147 read:
148 849.13 Punishment on second or subsequent conviction.—A
149 person who is convicted of a second or subsequent violation of
150 the same Whoever, after being convicted of an offense forbidden
151 by law in connection with lotteries for which there is no
152 penalty specified for a second or subsequent violation shall
153 have the offense reclassified to an offense of the next higher
154 degree, commits the like offense, shall be guilty of a
155 misdemeanor of the first degree, punishable as provided in s.
156 775.082, or s. 775.083, or s. 775.084. For purposes of
157 sentencing under chapter 921, a felony offense that is
158 reclassified under this section is ranked one level above the
159 ranking under s. 921.0022 or s. 921.0023 of the felony offense
160 committed.
161 Section 22. Section 849.14, Florida Statutes, is amended to
162 read:
163 849.14 Unlawful to bet on result of trial or contest of
164 skill, etc.—A person who Whoever stakes, bets, or wagers any
165 money or other thing of value upon the result of any trial or
166 contest of skill, speed or power or endurance of human or beast,
167 or who whoever receives in any manner whatsoever any money or
168 other thing of value staked, bet, or wagered, or offered for the
169 purpose of being staked, bet, or wagered, by or for any other
170 person upon any such result, or who whoever knowingly becomes
171 the custodian or depositary of any money or other thing of value
172 so staked, bet, or wagered upon any such result, or who whoever
173 aids, or assists, or abets, or influences in any manner in any
174 of such acts all of which are hereby forbidden, commits a felony
175 of the third degree, punishable as provided in s. 775.082, or s.
176 775.083, or s. 775.084.
177 Section 23. Section 849.15, Florida Statutes, is amended to
178 read:
179 849.15 Manufacture, sale, possession, etc., of slot
180 machines or devices prohibited.—
181 (1) As used in this section, the term:
182 (a) “Conviction” means a determination of guilt which is
183 the result of a plea or trial, regardless of whether
184 adjudication is withheld or a plea of nolo contendere is
185 entered.
186 (b) “Part thereof” means any equipment, subassembly, or
187 other part of a slot machine or device, whether attached to the
188 slot machine or device or separate therefrom, which was used,
189 attempted to be used, or intended to be used in connection with
190 the play or operation of the slot machine or device.
191 (c) “Person of authority” means a person who, at any
192 business, establishment, premises, or other location at which a
193 slot machine or device is offered for play, has:
194 1. Actual authority to act on behalf of such business,
195 establishment, premises, or other location; or
196 2. Any ownership interest in such business, establishment,
197 premises, or other location. For purposes of this paragraph, the
198 term “ownership interest” includes an officer, a director, or a
199 managing member of the business, establishment, premises, or
200 other location.
201 (2) It is unlawful:
202 (a) To manufacture, own, store, keep, possess, sell, rent,
203 lease, let on shares, lend or give away, transport, or expose
204 for sale or lease, or to offer to sell, rent, lease, let on
205 shares, lend or give away, or permit the operation of, or for
206 any person to permit to be placed, maintained, or used or kept
207 in any room, space, or building owned, leased or occupied by the
208 person or under the person’s management or control, any slot
209 machine or device or any part thereof.; or
210 (b) To make or to permit to be made with any person any
211 agreement with reference to any slot machine or device, pursuant
212 to which the user thereof, as a result of any element of chance
213 or other outcome unpredictable to him or her, may become
214 entitled to receive any money, credit, allowance, or thing of
215 value or additional chance or right to use such machine or
216 device, or to receive any check, slug, token or memorandum
217 entitling the holder to receive any money, credit, allowance or
218 thing of value.
219 (3)(a) Except as provided in paragraphs (b) and (c), a
220 person who violates subsection (2) commits a misdemeanor of the
221 first degree, punishable as provided in s. 775.082 or s.
222 775.083.
223 (b) A person commits a felony of the third degree,
224 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
225 if he or she violates subsection (2), and:
226 1. At the time of the violation, the person was a person of
227 authority; or
228 2. The person has one prior conviction for a violation of
229 this section.
230 (c) A person commits a felony of the second degree,
231 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
232 if he or she violates subsection (2), and:
233 1.a. At the time of the violation, the person was a person
234 of authority; and
235 b. The violation involves five or more slot machines or
236 devices; or
237 2. The person has two or more prior convictions for a
238 violation of this section.
239 (4)(2) Pursuant to section 2 of that chapter of the
240 Congress of the United States entitled “An act to prohibit
241 transportation of gaming devices in interstate and foreign
242 commerce,” approved January 2, 1951, being ch. 1194, 64 Stat.
243 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
244 of Florida, acting by and through the duly elected and qualified
245 members of its Legislature, does hereby in this section, and in
246 accordance with and in compliance with the provisions of section
247 2 of such chapter of Congress, declare and proclaim that any
248 county of the State of Florida within which slot machine gaming
249 is authorized pursuant to chapter 551 is exempt from the
250 provisions of section 2 of that chapter of the Congress of the
251 United States entitled “An act to prohibit transportation of
252 gaming devices in interstate and foreign commerce,” designated
253 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
254 shipments of gaming devices, including slot machines, into any
255 county of this state within which slot machine gaming is
256 authorized pursuant to chapter 551 and the registering,
257 recording, and labeling of which have been duly performed by the
258 manufacturer or distributor thereof in accordance with sections
259 3 and 4 of that chapter of the Congress of the United States
260 entitled “An act to prohibit transportation of gaming devices in
261 interstate and foreign commerce,” approved January 2, 1951,
262 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
263 ss. 1171-1177, are shall be deemed legal shipments thereof into
264 this state provided the destination of such shipments is an
265 eligible facility as defined in s. 551.102 or the facility of a
266 slot machine manufacturer or slot machine distributor as
267 provided in s. 551.109(2)(a).
268 (5) All shipments of legal gaming devices, including legal
269 slot machines, into Indian lands located within this state are
270 deemed legal shipments, provided that such Indian lands are held
271 in federal trust for the benefit of a federally recognized
272 Indian tribe that is a party to a tribal-state compact with the
273 state pursuant to the federal Indian Gaming Regulatory Act of
274 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C. ss. 2701 et seq.
275 Section 24. Section 849.155, Florida Statutes, is created
276 to read:
277 849.155 Trafficking in slot machines, devices, or parts
278 thereof.—
279 (1) Any person who knowingly sells, purchases,
280 manufactures, transports, delivers, or brings into this state
281 more than 15 slot machines or devices or any parts thereof
282 commits a felony of the first degree, punishable as provided in
283 s. 775.082, s. 775.083, or s. 775.084. For purposes of this
284 section, the term “parts thereof” has the same meaning as in s.
285 849.15. If the quantity of slot machines or devices or any parts
286 thereof involved is:
287 (a) More than 15 slot machines or devices or any parts
288 thereof, but fewer than 25 slot machines or devices or any parts
289 thereof, such person must be fined $100,000.
290 (b) More than 25 slot machines or devices or any parts
291 thereof, but fewer than 50 slot machines or devices or any parts
292 thereof, such person must be fined $250,000.
293 (c) More than 50 slot machines or devices or any parts
294 thereof or more, such person must be fined $500,000.
295 (2) Pursuant to section 2 of that chapter of the Congress
296 of the United States entitled “An act to prohibit transportation
297 of gaming devices in interstate and foreign commerce,” approved
298 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
299 designated as 15 U.S.C. ss. 1171-1177, relating to
300 transportation of gambling devices in interstate and foreign
301 commerce, the State of Florida, acting by and through the duly
302 elected and qualified members of its Legislature, does hereby in
303 this section, and in accordance with and in compliance with
304 section 2 of such chapter of Congress, declare and proclaim that
305 any county of the State of Florida within which slot machine
306 gaming is authorized pursuant to chapter 551 is exempt from
307 section 2 of that chapter of the Congress of the United States
308 entitled “An act to prohibit transportation of gaming devices in
309 interstate and foreign commerce,” designated as 15 U.S.C. ss.
310 1171-1177, approved January 2, 1951. All shipments of slot
311 machines into any county of this state in which slot machine
312 gaming is authorized pursuant to chapter 551 and the
313 registering, recording, and labeling of which have been duly
314 performed by the manufacturer or distributor thereof in
315 accordance with sections 3 and 4 of that chapter of the Congress
316 of the United States entitled “An act to prohibit transportation
317 of gaming devices in interstate and foreign commerce,” approved
318 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
319 designated as 15 U.S.C. ss. 1171-1177, are deemed legal
320 shipments thereof into this state, provided the destination of
321 such shipments is an eligible facility as defined in s. 551.102
322 or the facility of a slot machine manufacturer or slot machine
323 distributor as provided in s. 551.109(2)(a).
324 (3) All shipments of legal gaming devices, including legal
325 slot machines, onto Indian lands located within this state are
326 deemed legal shipments thereof, provided that such Indian lands
327 are held in federal trust for the benefit of a federally
328 recognized Indian tribe that is a party to a tribal-state
329 compact with the state pursuant to the federal Indian Gaming
330 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C.
331 ss. 2701 et seq.
332
333 Notwithstanding any other law, all fines imposed and collected
334 pursuant to this section shall be deposited into the Pari-mutuel
335 Wagering Trust Fund to be used by the Florida Gaming Control
336 Commission for the enforcement of this chapter and chapters 546,
337 550, and 551.
338 Section 25. Section 849.157, Florida Statutes, is created
339 to read:
340 849.157 Making a false or misleading statement regarding
341 the legality of slot machines or devices to facilitate sale.—
342 (1) Except as provided in subsection (2), a person may not
343 knowingly and willfully make a materially false or misleading
344 statement or knowingly and willfully disseminate false or
345 misleading information regarding the legality of a slot machine
346 or device for the purpose of facilitating the sale or delivery
347 of such slot machine or device for any money or other thing of
348 value. A person who violates this subsection commits a felony of
349 the third degree, punishable as provided in s. 775.082, s.
350 775.083, or s. 775.084.
351 (2) A person who violates subsection (1), when such a
352 violation involves the sale or delivery, or attempted sale or
353 delivery, of five or more slot machines or devices, commits a
354 felony of the second degree, punishable as provided in s.
355 775.082, s. 775.083, or s. 775.084.
356 Section 26. Section 849.18, Florida Statutes, is amended to
357 read:
358 849.18 Disposition of machines upon conviction.—
359 (1) For any slot machine or device prohibited pursuant to
360 s. 849.15 which is not destroyed pursuant to s. 849.181, upon
361 entering a plea of guilty or nolo contendere to, regardless of
362 adjudication, the filing of a nolle prosequi or upon the
363 successful completion of a diversion program or a deferred
364 prosecution agreement, the filing of a no-information, or upon
365 conviction of the person arrested for the violation of ss.
366 849.15-849.22 any of the provisions of ss. 849.15-849.23, the
367 judge of the court trying the case, after such notice to the
368 person convicted, and any other person whom the judge may be of
369 the opinion is entitled to such notice, and as the judge may
370 deem reasonable, shall issue to the sheriff of the county a
371 written order adjudging and declaring any such machine,
372 apparatus or device forfeited, and directing such sheriff to
373 destroy the same, with the exception of the money. The order of
374 the court must shall state the time and place and the manner in
375 which such property must shall be destroyed, and the sheriff
376 shall destroy the same in the presence of the clerk of the
377 circuit court of such county.
378 (2) For any slot machine or device prohibited pursuant to
379 s. 849.15 which is not destroyed pursuant to s. 849.181, if no
380 arrests or criminal charges have been filed against any person
381 for violations of ss. 849.15-849.22, the Florida Gaming Control
382 Commission may destroy such seized machine, apparatus, or device
383 under s. 849.16 if, 60 days after the conclusion of a lawful
384 investigation, no claim has been filed in any court of competent
385 jurisdiction for such machine, apparatus, or device.
386 Section 27. Section 849.181, Florida Statutes, is created
387 to read:
388 849.181 Destruction of excess machines.—
389 (1) It is the intent of the Legislature to protect the
390 public health, safety, and welfare of the residents of this
391 state by removing slot machines or devices as defined in s.
392 849.16 from public circulation and preventing the warehousing of
393 large quantities of such slot machines or devices.
394 (2) As used in this section, the term:
395 (a) “Criminal justice agency” has the same meaning as
396 provided in s. 943.045.
397 (b) “Excess slot machines” means more than five slot
398 machines seized during an investigation.
399 (c) “Slot machine” has the same meaning as the term “slot
400 machine or device” as defined in s. 849.16(1) and includes the
401 definition of “parts thereof” provided in s. 849.15.
402 (3) Notwithstanding any other law, a criminal justice
403 agency having custody of excess slot machines may destroy such
404 slot machines during the pendency of any related legal
405 proceedings or ongoing criminal investigations, provided that
406 such criminal justice agency:
407 (a) Retains at least five slot machines seized during an
408 investigation until such time as the slot machines may be
409 destroyed as provided in s. 849.18;
410 (b) Notifies the appropriate United States Attorney or
411 assistant United States Attorney, the responsible state or local
412 prosecutor, or a criminal justice agency conducting a criminal
413 investigation that the excess slot machines will be destroyed
414 after 60 days from the date notice is provided, unless the
415 entity receiving the notice under this paragraph requests in
416 writing that the criminal justice agency not destroy the excess
417 slot machines;
418 (c) Photographs and records on video each excess slot
419 machine before its destruction to serve as evidentiary exhibits
420 for use at trial. Each photograph and video recording must
421 include a written description of the name of the violator of
422 this chapter, the location where the alleged violation occurred,
423 the name of the investigating law enforcement officer, the date
424 the photograph or video recording was taken, and the name of the
425 photographer or videographer. Such writing must be made under
426 oath by the investigating law enforcement officer, and the
427 photograph and video recording must be authenticated by the
428 photographer’s or videographer’s signature;
429 (d) Destroys each excess slot machine in the presence of a
430 law enforcement officer. The law enforcement officer shall
431 create a written and properly sworn documentation of the date,
432 time, location, and number of excess slot machines destroyed;
433 and
434 (e) Maintains the written and properly sworn documentation
435 created by the witnessing law enforcement officer pursuant to
436 paragraph (d) as required under s. 119.021.
437 (4) In any prosecution for a violation of this chapter, a
438 photograph and video recording of an excess slot machine
439 captured and documented pursuant to paragraph (c) may be deemed
440 competent evidence and may be admissible in the prosecution to
441 the same extent as if such excess slot machine were introduced
442 as evidence.
443 (5) If any provision of this section or its application to
444 any person or circumstance is held invalid, the invalidity does
445 not affect other provisions or applications of this section or
446 chapter which can be given effect without the invalid provision
447 or application, and to this end the provisions of this section
448 are severable.
449 Section 28. Section 849.47, Florida Statutes, is created to
450 read:
451 849.47 Transporting or procuring the transportation of
452 persons to facilitate illegal gambling.—
453 (1) As used in this section, the term “illegal gambling”
454 means any criminal violation of this chapter, chapter 546,
455 chapter 550, or chapter 551 which occurs at any business,
456 establishment, premises, or other location.
457 (2) Except as provided in subsection (3), a person who
458 knowingly and willfully transports, or procures the
459 transportation of, five or more other persons into or within
460 this state when he or she knows or reasonably should know that
461 such transportation is for the purpose of facilitating illegal
462 gambling, commits a misdemeanor of the first degree, punishable
463 as provided in s. 775.082 or s. 775.083.
464 (3)(a) A person who transports, or procures the
465 transportation of, a minor or a person 65 years of age or older
466 into or within this state when he or she knows or reasonably
467 should know that such transportation is for the purpose of
468 facilitating illegal gambling commits a felony of the third
469 degree, punishable as provided in s. 775.082, s. 775.083, or s.
470 775.084.
471 (b) A person who transports, or procures the transportation
472 of, 12 or more persons in violation of subsection (2) commits a
473 felony of the third degree, punishable as provided in s.
474 775.082, s. 775.083, or s. 775.084.
475 Section 29. Section 849.48, Florida Statutes, is created to
476 read:
477 849.48 Gambling or gaming advertisements; prohibited.—
478 (1) As used in this section, the term “illegal gambling”
479 has the same meaning as in s. 849.47(1).
480 (2)(a) Except as otherwise authorized by law, a person may
481 not knowingly and intentionally make, publish, disseminate,
482 circulate, or place before the public, or cause, directly or
483 indirectly, to be made, published, disseminated, circulated, or
484 placed before the public in this state, in any manner, whether
485 in person or by the use, at least in part, of the Internet, any
486 advertisement, circular, bill, poster, pamphlet, list, schedule,
487 announcement, or notice for the purpose of promoting or
488 facilitating illegal gambling.
489 (b) Except as otherwise authorized by law, a person may not
490 set up any type or plate for any type of advertisement,
491 circular, bill, poster, pamphlet, list, schedule, announcement,
492 or notice when he or she knows or reasonably should know that
493 such material will be used for the purpose of promoting or
494 facilitating illegal gambling.
495 (c) A person who violates this subsection commits:
496 1. For a first offense, a misdemeanor of the first degree,
497 punishable as provided in s. 775.082 or s. 775.083.
498 2. For a second or subsequent offense, a felony of the
499 third degree, punishable as provided in s. 775.082, s. 775.083,
500 or s. 775.084.
501 (3) This section does not prohibit the printing or
502 producing of any advertisement, circular, bill, poster,
503 pamphlet, list, schedule, announcement, or notice to be used for
504 the purpose of promoting or facilitating gambling conducted in
505 any other state or nation, outside of this state, where such
506 gambling is not prohibited.
507 Section 30. Section 849.49, Florida Statutes, is created to
508 read:
509 849.49 Preemption.—A county, municipality, or other
510 political subdivision of the state may not enact or enforce any
511 ordinance or local rule relating to gaming, gambling, lotteries,
512 or any activities described in this chapter or s. 546.10, except
513 as otherwise expressly provided by general law, special law, or
514 the State Constitution.
515 Section 31. Section 849.51, Florida Statutes, is created to
516 read:
517 849.51 Limited Slot Machine Surrender Program.—
518 (1) The Legislature finds that illegal gaming operations
519 not only undermine public trust but also expose citizens of this
520 state to organized criminal conduct, financial exploitation, and
521 a host of other social harms. Furthermore, the Legislature finds
522 that certain persons or entities owning, storing, keeping,
523 possessing, transporting, permitting the operation of, or
524 otherwise offering illegal gaming devices for play may have been
525 misled regarding the legality of the otherwise illegal gaming
526 devices. Therefore, the Legislature finds that there is a
527 compelling state interest in creating a limited period of time
528 in which otherwise illegal gaming devices may be surrendered
529 without penalty to ensure that any unknowing or otherwise
530 innocent party may avoid criminal prosecution or civil penalty.
531 (2) There is created within the commission the Limited Slot
532 Machine Surrender Program. The purpose of the program is to
533 allow individuals and organizations an opportunity to surrender
534 or otherwise disclaim any and all interest in any gaming
535 devices, including, but not limited to, those devices or games
536 described in ss. 849.09 and 849.16, and devices or games
537 purported to be authorized by ss. 546.10, 849.0931, 849.094, and
538 849.14, and convey such gaming devices to the commission. The
539 surrender of a gaming device pursuant to the program is deemed
540 irrevocable and final.
541 (3) Any individual or organization that surrenders a gaming
542 device to the commission pursuant to the program is immune from
543 criminal prosecution for a violation of this chapter related to
544 any of the surrendered devices.
545 (4) The program shall begin by September 1, 2026, and end
546 on October 1, 2026.
547 (5) The commission shall advertise the program no earlier
548 than 60 days before October 1, 2026.
549 (6) A person or an entity does not have any right to
550 property in any of the devices surrendered to the commission
551 pursuant to this section.
552 (7) The commission may execute memoranda of understanding
553 with other criminal justice agencies to administer the program.
554 Section 32. Present paragraphs (i) through (m) of
555 subsection (2) of section 903.046, Florida Statutes, are
556 redesignated as paragraphs (j) through (n), respectively, and a
557 new paragraph (i) is added to that subsection, to read:
558 903.046 Purpose of and criteria for bail determination.—
559 (2) When determining whether to release a defendant on bail
560 or other conditions, and what that bail or those conditions may
561 be, the court shall consider:
562 (i) The amount of currency seized which is connected to or
563 involved in a violation of chapter 546, chapter 550, chapter
564 551, or chapter 849.
565 Section 33. Paragraphs (c), (e), (g), and (h) of subsection
566 (3) of section 921.0022, Florida Statutes, are amended to read:
567 921.0022 Criminal Punishment Code; offense severity ranking
568 chart.—
569 (3) OFFENSE SEVERITY RANKING CHART
570 (c) LEVEL 3
571
572 FloridaStatute FelonyDegree Description
573 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
574 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
575 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
576 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
577 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
578 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
579 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
580 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
581 327.35(2)(b) 3rd Felony BUI.
582 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
583 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
584 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
585 379.2431 (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.
586 379.2431 (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.
587 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
588 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
589 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
590 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
591 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
592 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
593 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
594 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
595 697.08 3rd Equity skimming.
596 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
597 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
598 800.045(3) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes a lewd or lascivious image.
599 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
600 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
601 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
602 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older.
603 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
604 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
605 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
606 812.081(2) 3rd Theft of a trade secret.
607 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
608 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
609 817.233 3rd Burning to defraud insurer.
610 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
611 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
612 817.236 3rd Filing a false motor vehicle insurance application.
613 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
614 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
615 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
616 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
617 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
618 836.13(2) 3rd Generating an altered sexual depiction of an identifiable person without consent.
619 836.13(4) 3rd Promoting, or possessing with intent to promote, an altered sexual depiction of an identifiable person without consent.
620 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
621 838.12 3rd Bribery in athletic contests.
622 847.01385 3rd Harmful communication to a minor.
623 849.01(2)(a) 3rd Keeping a gambling house.
624 849.01(3)(b) 3rd Knowingly benefitting from or participating in the operation of a gambling house.
625 849.02(1)(b) & (2)(a) 3rd Agents or employees of keeper of gambling house.
626 849.021(3)(a) 3rd Government employee misconduct relating to gambling houses.
627 849.03(1)(a) 3rd Renting space at a gambling house.
628 849.08(4) 3rd Internet wagering.
629 849.086(12)(e) 3rd Manipulating playing cards.
630 849.09(2) 3rd Illegal lottery.
631 849.11(2) 3rd Operating or playing games of chance by lot.
632 849.14 3rd Betting on result of trial or contest of skill.
633 849.15(3)(b) 3rd Manufacture, sale, possession, etc. of slot machines or devices.
634 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices.
635 849.25(2) 3rd Bookmaking.
636 849.47(3)(a)&(b) 3rd Transporting or procuring transportation of certain persons to facilitate gambling.
637 849.48(2)(c)2. 3rd Prohibited gambling or gaming advertisements.
638 860.15(3) 3rd Overcharging for repairs and parts.
639 870.01(2) 3rd Riot.
640 870.01(4) 3rd Inciting a riot.
641 893.13(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).
642 893.13(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.
643 893.13(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.
644 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
645 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
646 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
647 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
648 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
649 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
650 893.13(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.
651 893.13(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.
652 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
653 893.13(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.
654 918.13(1) 3rd Tampering with or fabricating physical evidence.
655 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
656 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
657 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
658
659 (e) LEVEL 5
660
661 FloridaStatute FelonyDegree Description
662 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
663 316.1935(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.
664 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
665 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
666 327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene.
667 365.172 (14)(b)2. 2nd Misuse of emergency communications system resulting in death.
668 379.365(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.
669 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
670 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
671 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
672 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
673 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
674 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
675 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
676 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
677 790.01(3) 3rd Unlawful carrying of a concealed firearm.
678 790.162 2nd Threat to throw or discharge destructive device.
679 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
680 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
681 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
682 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
683 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
684 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
685 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
686 810.145(4) 3rd Commercial digital voyeurism dissemination.
687 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
688 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
689 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
690 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
691 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
692 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
693 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
694 812.019(1) 2nd Stolen property; dealing in or trafficking in.
695 812.081(3) 2nd Trafficking in trade secrets.
696 812.131(2)(b) 3rd Robbery by sudden snatching.
697 812.16(2) 3rd Owning, operating, or conducting a chop shop.
698 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
699 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
700 817.2341(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.
701 817.568(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.
702 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
703 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
704 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
705 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
706 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
707 838.12 3rd Bribery in athletic contests (2nd or subsequent conviction).
708 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
709 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
710 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
711 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
712 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
713 849.01(2)(b) 2nd Keeping a gambling house (2nd or subsequent offense).
714 849.02(1)(c)&(2)(b) 2nd Agents or employees of keeper of gambling house (2nd or subsequent offense).
715 849.021(3)(b) 2nd Government employee misconduct relating to gambling houses (2nd or subsequent offense).
716 849.03(1)(b) 2nd Renting space at a gambling house (2nd or subsequent offense).
717 849.08(4) 2nd Operating, conducting, promoting, aiding, assisting, abetting, influencing Internet sports wagering (2nd or subsequent conviction).
718 849.086(12)(e) 2nd Tampering with cards or card games (2nd or subsequent conviction).
719 849.11(2) 2nd Offenses related to games of chance (2nd or subsequent conviction).
720 849.14 2nd Betting on result of trial or contest of skill (2nd or subsequent conviction).
721 849.15(3)(c) 2nd Manufacture, sale, possession, etc. of slot machines or devices.
722 849.47(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).
723 849.48(2)(c)2. 2nd Prohibited gambling or gaming advertisements (2nd or subsequent offense).
724 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
725 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
726 893.13(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).
727 893.13(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.
728 893.13(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.
729 893.13(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.
730 893.13(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.
731 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
732 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
733
734
735
736 ================= T I T L E A M E N D M E N T ================
737 And the title is amended as follows:
738 Delete lines 116 - 118
739 and insert:
740 defining the term “Internet sports wagering”;
741 providing criminal penalties for persons who play,
742 engage in, operate, conduct, or promote Internet
743 sports wagering;