Florida Senate - 2026 CS for SB 1580
By the Committee on Regulated Industries; and Senator Martin
580-02716-26 20261580c1
1 A bill to be entitled
2 An act relating to illegal gaming; repealing s.
3 849.23, F.S., relating to penalties and violations
4 related to illegal gambling; amending s. 16.71, F.S.;
5 requiring that the Florida Gaming Control Commission,
6 rather than the chair of the commission, appoint an
7 inspector general; authorizing the commission to
8 delegate any of the duties and powers of an agency
9 head to a commissioner, with an exception; amending s.
10 16.712, F.S.; revising the information to be included
11 in the commission’s annual report to the Governor and
12 the Legislature; amending s. 16.713, F.S.; authorizing
13 a person who is ineligible for employment with the
14 commission to submit a waiver request to the
15 commission asking to be considered eligible for
16 employment if the person possesses certain expertise
17 or experience; requiring the commission to consider
18 such requests on a case-by-case basis and to approve
19 or deny such requests; providing that such person is
20 eligible for employment with the commission if the
21 waiver request is approved by the commission;
22 providing applicability; providing the standard of
23 review for such waiver requests; authorizing the
24 commission to adopt rules; amending s. 16.715, F.S.;
25 revising the standards of conduct for current and
26 former commissioners and employees of the commission;
27 revising the persons who may not hold permits or
28 licenses relating to gaming within a certain
29 timeframe; prohibiting such persons from accepting
30 employment or compensation from or engaging in any
31 business activity with certain persons or entities for
32 a specified timeframe; authorizing certain employees
33 to request that the commission waive certain
34 postemployment restrictions for a certain purpose;
35 requiring the commission to consider and approve or
36 deny each waiver request on a case-by-case basis;
37 authorizing the commission to adopt rules; amending s.
38 20.055, F.S.; conforming a provision to changes made
39 by the act; amending s. 546.10, F.S.; authorizing
40 certain veterans’ service organizations to petition
41 the commission for a declaratory statement to
42 determine whether a game or machine is authorized by
43 law before such organizations purchase or install such
44 game or machine; prohibiting the purchase or
45 installation of a game or machine awaiting such
46 declaratory statement until the declaratory statement
47 has been issued; authorizing veterans’ service
48 organizations that have a game or machine already
49 installed on their premises to petition the commission
50 for a declaratory statement to determine whether a
51 game or machine is authorized by law; prohibiting such
52 veterans’ service organizations from petitioning the
53 commission if the game, machine, premises, or
54 organization is the subject of an ongoing criminal
55 investigation; requiring the commission to issue the
56 declaratory statement or deny the petition for a
57 declaratory statement within a specified timeframe;
58 prohibiting the commission from denying a veterans’
59 service organization’s petition that is validly
60 requested; providing that a petition is deemed
61 complete if the petition includes certain information;
62 providing that the declaratory statement is valid only
63 for the game or machine for which it was requested;
64 providing that a declaratory statement is invalid if
65 the specifications of the game or machine have
66 changed; providing that the declaratory statement is
67 binding on the commission and may be introduced in
68 subsequent proceedings as evidence of a good faith
69 effort to comply with certain provisions; providing
70 construction; amending s. 551.107, F.S.; requiring the
71 commission to consider and approve or deny waiver
72 requests on a case-by-case basis; providing the
73 standard of review for certain actions of the
74 commission; making technical changes; amending s.
75 782.04, F.S.; revising the underlying felonies for
76 felony murder of the second degree to include keeping
77 a gambling house; amending s. 838.12, F.S.; providing
78 criminal penalties for persons who stake, bet, or
79 wager any money or other thing of value upon the
80 result of certain games, contests, matches, races, or
81 sports if such persons have knowledge that the outcome
82 of the games, contests, matches, races, or sports is
83 prearranged or predetermined; making technical
84 changes; amending s. 843.08, F.S.; revising a
85 prohibition on false personation of certain persons to
86 include any personnel or representative of the
87 commission; amending ss. 849.01 and 849.02, F.S.;
88 revising the criminal penalties for persons who keep a
89 gambling house or are agents or employees of a keeper
90 of a gambling house, respectively; defining the term
91 “course of conduct”; prohibiting a person from
92 knowingly or recklessly benefit or participate in a
93 course of conduct in furtherance of illegal gambling;
94 creating s. 849.021, F.S.; defining the terms
95 “government employee” and “political subdivision”;
96 prohibiting a government employee from knowingly
97 certifying, licensing, approving, aiding,
98 facilitating, or concealing the operation of a
99 gambling house; providing criminal penalties;
100 providing applicability; creating s. 849.023, F.S.;
101 defining terms; providing that violations of certain
102 laws are deemed immediate and serious dangers to
103 public health, safety, and welfare; authorizing the
104 Department of Business and Professional Regulation,
105 the commission, or the Office of Financial Regulation
106 to summarily suspend the license of certain persons
107 violating such laws; authorizing a licensee or an
108 applicant to retain, apply for, or be reissued a
109 license if the license-issuing agency finds that such
110 licensee has removed the controlling person violating
111 such laws from the business; providing that a licensee
112 is subject to a specified fine; amending s. 849.03,
113 F.S.; revising the criminal penalties for persons who
114 rent or lease a house for gambling purposes; defining
115 the term “knowingly”; amending s. 849.08, F.S.;
116 defining terms; providing criminal penalties for
117 persons who play, engage in, operate, conduct, or
118 promote Internet gambling or Internet sports wagering;
119 providing applicability; amending s. 849.086, F.S.;
120 revising the prohibited activities of licensed
121 cardrooms; providing criminal penalties for violations
122 of such prohibitions; republishing s. 849.09, F.S.,
123 relating to the prohibition against lotteries;
124 amending s. 849.11, F.S.; providing criminal penalties
125 for persons who play in person, or by the use of the
126 Internet, certain games of chance; providing criminal
127 penalties for persons who set up, operate, conduct,
128 promote, or receive any money or other thing of value
129 for certain prohibited conduct; amending s. 849.13,
130 F.S.; revising the criminal penalties for persons
131 convicted of a second or subsequent violation in
132 connection with lotteries; reclassifying certain
133 criminal violations to the next level higher in the
134 Criminal Punishment Code’s offense severity ranking
135 chart; amending s. 849.14, F.S.; making technical
136 changes; amending s. 849.15, F.S.; defining terms;
137 revising criminal penalties relating to persons owning
138 or operating slot machines or devices; providing that
139 all shipments of legal slot machines into Indian lands
140 are deemed legal shipments under certain
141 circumstances; creating s. 849.155, F.S.; providing
142 criminal penalties for persons who knowingly sell,
143 purchase, manufacture, transport, deliver, or bring
144 into this state more than a specified number of slot
145 machines or devices or any parts thereof; defining the
146 term “parts thereof”; providing for fines for
147 specified violations; providing that any county in
148 which slot machine gaming is authorized is exempt from
149 certain federal provisions; providing that all
150 shipments of slot machines into any county in this
151 state are deemed legal shipments if specified
152 requirements are met; providing that all shipments of
153 legal gaming devices into Indian lands located within
154 this state are deemed legal shipments under certain
155 circumstances; requiring that any fines imposed and
156 collected be deposited into the Pari-mutuel Wagering
157 Trust Fund to be used for a specified purpose;
158 creating s. 849.157, F.S.; prohibiting persons from
159 knowingly and willfully making or disseminating
160 materially false or misleading statements or
161 information regarding the legality of a slot machine
162 or device to facilitate the sale of such slot machine
163 or device; providing criminal penalties; amending s.
164 849.18, F.S.; revising the circumstances under which a
165 judge may order a slot machine, apparatus, or device
166 seized; authorizing the commission to destroy a seized
167 machine, apparatus, or device after a specified
168 timeframe if no arrests or criminal charges have been
169 filed and no person files a claim for such machine,
170 apparatus, or device; creating s. 849.181, F.S.;
171 providing legislative intent; defining terms;
172 authorizing a criminal justice agency having custody
173 of excess slot machines related to a legal proceeding
174 or ongoing criminal investigation to destroy such
175 machines if the criminal justice agency takes certain
176 actions; requiring that written descriptions of such
177 slot machines be made under oath by the investigating
178 law enforcement officer before the slot machines are
179 destroyed; requiring that photographs and video
180 recordings of such slot machines be authenticated by
181 the photographer’s or videographer’s signature;
182 requiring that a law enforcement officer create
183 written and sworn documentation of certain information
184 regarding a destroyed slot machine; providing that
185 such photographs or video recordings may be deemed
186 competent evidence and may be admissible in a
187 prosecution to the same extent as if such slot
188 machines were introduced as evidence; providing
189 severability; creating s. 849.47, F.S.; defining the
190 term “illegal gambling”; prohibiting persons from
191 knowingly and willfully transporting, or procuring the
192 transportation of, certain persons into this state for
193 the purpose of illegal gambling; providing criminal
194 penalties; creating s. 849.48, F.S.; defining the term
195 “illegal gambling”; prohibiting persons from
196 advertising illegal gambling or setting up any type or
197 plate for any type for advertising illegal gambling;
198 providing criminal penalties; providing exceptions;
199 creating s. 849.49, F.S.; prohibiting counties,
200 municipalities, or other political subdivisions from
201 enacting or enforcing any ordinance or local rule
202 relating to certain gaming and gambling activities;
203 creating s. 849.51, F.S.; providing legislative
204 findings; creating the Limited Slot Machine Surrender
205 Program within the commission; providing the purpose
206 of the program; providing that the surrender of any
207 slot machine to the commission is irrevocable and
208 final; providing that an individual or organization
209 that surrenders a slot machine pursuant to the program
210 is immune from criminal prosecution; requiring that
211 the program begin and end within specified timeframes;
212 requiring the commission to advertise the program
213 before a specified timeframe; providing that a person
214 or entity that surrenders a gaming device does not
215 have any rights of the property inside the slot
216 machine; authorizing the commission to enter into
217 memoranda of understanding with other criminal justice
218 agencies to administer the program; amending s.
219 903.046, F.S.; revising the circumstances a court must
220 consider when determining whether to release a
221 defendant on bail or other conditions; amending s.
222 921.0022, F.S.; revising the ranking of certain
223 offenses on the offense severity ranking chart of the
224 Criminal Punishment Code; amending ss. 772.102,
225 849.17, 849.18, 849.20, 849.21, 849.22, and 895.02,
226 F.S.; conforming provisions to changes made by the
227 act; providing an effective date.
228
229 Be It Enacted by the Legislature of the State of Florida:
230
231 Section 1. Section 849.23, Florida Statutes, is repealed.
232 Section 2. Subsection (5) of section 16.71, Florida
233 Statutes, is amended to read:
234 16.71 Florida Gaming Control Commission; creation;
235 meetings; membership.—
236 (5) INSPECTOR GENERAL.—The chair of the commission shall
237 appoint an inspector general who shall perform the duties of an
238 inspector general under s. 20.055. Except for the appointment of
239 an inspector general under s. 20.055(3)(a)1., the commission may
240 delegate any of the duties and powers of an agency head under s.
241 20.055 to a commissioner serving on the commission.
242 Section 3. Paragraph (h) of subsection (3) of section
243 16.712, Florida Statutes, is amended, and paragraphs (i) and (j)
244 are added to that subsection, to read:
245 16.712 Florida Gaming Control Commission authorizations,
246 duties, and responsibilities.—
247 (3) By December 1 of each year, the commission shall make
248 an annual report to the Governor, the President of the Senate,
249 and the Speaker of the House of Representatives. The report
250 must, at a minimum, include all of the following:
251 (h) A summary of actions taken and investigations conducted
252 by the commission, including the number of investigations that
253 led to criminal charges being filed and the resolution of such
254 criminal cases.
255 (i) The number of complaints received by the commission,
256 categorized by subject matter or type of complaint, and a
257 summary of the action taken by the commission on each complaint.
258 (j) A list of property seized by the commission during the
259 course of its investigations, and the disposition of such
260 property, including a list of forfeiture actions.
261 Section 4. Paragraph (d) is added to subsection (2) of
262 section 16.713, Florida Statutes, to read:
263 16.713 Florida Gaming Control Commission; appointment and
264 employment restrictions.—
265 (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
266 INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
267 COMMISSION.—
268 (d)1. A person who is ineligible for employment with the
269 commission under this subsection may submit a waiver request to
270 the commission to be considered eligible for employment as a
271 career service or other-personal-services employee if such
272 person possesses industry expertise in pari-mutuel wagering,
273 cardrooms, or slot machine operations.
274 2. The commission shall consider waiver requests on a case
275 by-case basis and shall approve or deny each request. If the
276 commission approves the waiver request, the person is eligible
277 for employment with the commission. This paragraph does not
278 apply to persons seeking appointment to the commission. The
279 standard of review applicable to the commission under this
280 subsection is whether the commission’s action was an abuse of
281 discretion. The commission may adopt rules to implement the
282 provisions of this subsection.
283
284 For the purposes of this subsection, the term “relative” means a
285 spouse, father, mother, son, daughter, grandfather, grandmother,
286 brother, sister, uncle, aunt, cousin, nephew, niece, father-in
287 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
288 sister-in-law, stepfather, stepmother, stepson, stepdaughter,
289 stepbrother, stepsister, half brother, or half sister.
290 Section 5. Paragraph (b) of subsection (1) and paragraph
291 (c) of subsection (2) of section 16.715, Florida Statutes, are
292 amended to read:
293 16.715 Florida Gaming Control Commission standards of
294 conduct; ex parte communications.—
295 (1) STANDARDS OF CONDUCT.—
296 (b)1. A commissioner or employee of the commission may not
297 accept anything from any business entity that, either directly
298 or indirectly, owns or controls any person regulated by the
299 commission or from any business entity that, either directly or
300 indirectly, is an affiliate or subsidiary of any person
301 regulated by the commission.
302 2. A commissioner or an employee may attend conferences,
303 along with associated meals and events that are generally
304 available to all conference participants, without payment of any
305 fees in addition to the conference fee. Additionally, while
306 attending a conference, a commissioner or an employee may attend
307 meetings, meals, or events that are not sponsored, in whole or
308 in part, by any representative of any person regulated by the
309 commission and that are limited to commissioners or employees
310 only, committee members, or speakers if the commissioner or
311 employee is a member of a committee of the association of
312 regulatory agencies which organized the conference or is a
313 speaker at the conference. It is not a violation of this
314 subparagraph for a commissioner or an employee to attend a
315 conference for which conference participants who are employed by
316 a person regulated by the commission have paid a higher
317 conference registration fee than the commissioner or employee,
318 or to attend a meal or event that is generally available to all
319 conference participants without payment of any fees in addition
320 to the conference fee and that is sponsored, in whole or in
321 part, by a person regulated by the commission.
322 3. While employed, and for 2 years after service as a
323 commissioner or for 2 years after employment with the
324 commission, a commissioner or an employee may not accept any
325 form of employment with or engage in any business activity with
326 any business entity that, either directly or indirectly, owns or
327 controls any person regulated by the commission; any person
328 regulated by the commission; or any business entity that, either
329 directly or indirectly, is an affiliate or subsidiary of any
330 person regulated by the commission.
331 4. While employed, and for 2 years after service as a
332 commissioner or for 2 years after employment with the
333 commission, a commissioner, an employee, or a relative living in
334 the same household as a commissioner or an employee may not have
335 any financial interest, other than shares in a mutual fund, in
336 any person regulated by the commission; in any business entity
337 that, either directly or indirectly, owns or controls any person
338 regulated by the commission; or in any business entity that,
339 either directly or indirectly, is an affiliate or a subsidiary
340 of any person regulated by the commission. If a commissioner, an
341 employee, or a relative living in the same household as a
342 commissioner or an employee acquires any financial interest
343 prohibited by this subsection during the commissioner’s term of
344 office or the employee’s employment with the commission as a
345 result of events or actions beyond the commissioner’s, the
346 employee’s, or the relative’s control, he or she must shall
347 immediately sell such financial interest. For the purposes of
348 this subsection, the term “relative” has the same meaning as in
349 s. 16.713(2)(b).
350 5. A commissioner or an employee may not accept anything
351 from a party in a proceeding currently pending before the
352 commission.
353 6. A commissioner may not serve as the representative of
354 any political party or on any executive committee or other
355 governing body of a political party; serve as an executive
356 officer or employee of any political party, committee,
357 organization, or association; receive remuneration for
358 activities on behalf of any candidate for public office; engage
359 on behalf of any candidate for public office in the solicitation
360 of votes or other activities on behalf of such candidacy; or
361 become a candidate for election to any public office without
362 first resigning from office.
363 7. A commissioner, during his or her term of office, may
364 not make any public comment regarding the merits of any
365 proceeding under ss. 120.569 and 120.57 currently pending before
366 the commission.
367 8. A commissioner or an employee may not act in an
368 unprofessional manner at any time during the performance of
369 official duties.
370 9. A commissioner or an employee shall must avoid
371 impropriety in all activities and shall must act at all times in
372 a manner that promotes public confidence in the integrity and
373 impartiality of the commission.
374 10. A commissioner or an employee may not directly or
375 indirectly, through staff or other means, solicit anything of
376 value from any person regulated by the commission, or from any
377 business entity that, whether directly or indirectly, is an
378 affiliate or a subsidiary of any person regulated by the
379 commission, or from any party appearing in a proceeding
380 considered by the commission in the last 2 years.
381 11. A commissioner may not lobby the Governor or any agency
382 of the state, members or employees of the Legislature, or any
383 county or municipal government or governmental agency except to
384 represent the commission in an official capacity.
385 (2) FORMER COMMISSIONERS AND EMPLOYEES.—
386 (c) A person employed by the commission and classified as
387 Senior Management Service, Selected Exempt Service, or career
388 service may not, for the 2 years immediately following the date
389 of termination or resignation from employment with the
390 commission:
391 1. Hold a permit or license issued under chapter 550, or a
392 license issued under chapter 551 or chapter 849; be an officer,
393 official, or employee of such permitholder or licensee; or be an
394 ultimate equitable owner, as defined in s. 550.002(37), of such
395 permitholder or licensee; or
396 2. Accept employment or compensation from, or engage in any
397 business activity with, a business entity that, directly or
398 indirectly, owns or controls a person regulated by the
399 commission; any person regulated by the commission; any business
400 entity that, directly or indirectly, is an affiliate or
401 subsidiary of a person regulated by the commission; or any
402 business entity or trade association that has been a party to a
403 commission proceeding within the 2 years preceding the
404 employee’s resignation or termination of employment from the
405 commission; or
406 3. Be a bingo game operator or an employee of a bingo game
407 operator.
408
409 Notwithstanding any other law, an employee classified as career
410 service may request that the commission waive the postemployment
411 restrictions of subparagraph 1., but only for the purpose of
412 obtaining an occupational license under s. 550.105, s. 551.107,
413 or s. 849.086(6); or for any other postemployment restrictions
414 under subparagraph 2. or subparagraph 3. If the commission
415 approves the request, the employee is exempt from paragraph (d).
416 The commission shall consider and approve or deny waiver
417 requests on a case-by-case basis. The commission may adopt rules
418 to implement this paragraph.
419 Section 6. Paragraph (a) of subsection (1) of section
420 20.055, Florida Statutes, is amended to read:
421 20.055 Agency inspectors general.—
422 (1) As used in this section, the term:
423 (a) “Agency head” means the Governor, a Cabinet officer, or
424 a secretary or executive director as those terms are defined in
425 s. 20.03, the chair of the Public Service Commission, the
426 Director of the Office of Insurance Regulation of the Financial
427 Services Commission, the Director of the Office of Financial
428 Regulation of the Financial Services Commission, the board of
429 directors of the Florida Housing Finance Corporation, the
430 commissioners chair of the Florida Gaming Control Commission,
431 and the Chief Justice of the State Supreme Court.
432 Section 7. Subsection (10) of section 546.10, Florida
433 Statutes, is added to read:
434 546.10 Amusement games or machines.—
435 (10)(a)1. Before purchasing or installing a game or machine
436 on the premises of any veterans’ service organization granted a
437 federal charter under Title 36, U.S.C., or a division,
438 department, post, or chapter of such organization, for which an
439 alcoholic beverage license has been issued, the organization may
440 petition the Florida Gaming Control Commission for a declaratory
441 statement under s. 120.565 on whether the operation of such game
442 or machine is authorized under this section or is a violation of
443 this section or chapter 849. A game or machine awaiting such
444 declaratory statement from the commission may not be purchased
445 or installed until the declaratory statement is issued.
446 2. A veterans’ service organization as described in
447 subparagraph 1. which has a game or machine already installed on
448 its premises may petition the commission for a declaratory
449 statement under s. 120.565 on whether the operation of such game
450 or machine is authorized under this section or is a violation of
451 this section or chapter 849. If the game, machine, premises, or
452 organization is the subject of an ongoing criminal
453 investigation, the organization may not petition the commission
454 for a declaratory statement under this subsection.
455 3. The commission must issue a declaratory statement or
456 deny the petition within 60 days after completing its
457 investigation of the game or machine subject to the statement or
458 90 days after receiving a complete petition requesting such
459 statement, whichever is earlier. The commission may not deny a
460 petition that is validly requested pursuant to this subsection
461 and s. 120.565.
462 (b) A petition for a declaratory statement made pursuant to
463 paragraph (a) is deemed complete if it provides the information
464 required for the commission to issue the declaratory statement
465 and is accompanied by the specifications, including all
466 pertinent information and documentation and access to hardware
467 and associated software by the commission’s contracted testing
468 lab, for the type of game or machine that the organization will
469 purchase or install or has already installed on the premises.
470 The declaratory statement issued under this subsection is valid
471 only for the game or machine for which it is requested and is
472 invalid if the specifications for the game or the machine have
473 been changed.
474 (c) A declaratory statement issued under this subsection is
475 binding on the commission and may be introduced in any
476 subsequent proceedings relating to the game or machine for which
477 the declaratory statement is requested as evidence of a good
478 faith effort to comply with this section or chapter 849.
479 (d) This subsection does not prevent the commission or any
480 other criminal justice agency as defined in s. 943.045 from
481 detecting, apprehending, and arresting a person for any alleged
482 violation of this chapter, chapter 24, part II of chapter 285,
483 chapter 550, chapter 551, or chapter 849, or any rule adopted
484 pursuant thereto, or of any law of this state.
485 (e) This subsection does not require an owner or an
486 operator of an amusement game or machine under this section to
487 request or obtain a declaratory statement in order to operate
488 pursuant to this section.
489 Section 8. Paragraph (b) of subsection (6) of section
490 551.107, Florida Statutes, is amended to read:
491 551.107 Slot machine occupational license; findings;
492 application; fee.—
493 (6)
494 (b) The commission may deny, revoke, or refuse to renew any
495 slot machine occupational license if the applicant for such
496 license or the licensee has been convicted of a felony or
497 misdemeanor in this state, in any other state, or under the laws
498 of the United States if such felony or misdemeanor is related to
499 gambling or bookmaking as described in s. 849.25. The
500 restrictions excluding offenders under this section authorized
501 in this paragraph may be waived by the commission if the
502 applicant establishes that she or he is of good moral character,
503 that she or he has been rehabilitated, and that the crime she or
504 he was convicted of is not related to slot machine gaming and is
505 not a capital offense. The commission shall consider and approve
506 or deny waiver requests on a case-by-case basis. The standard of
507 review applicable to the commission under this paragraph is
508 whether the commission’s action was an abuse of discretion.
509 Section 9. Subsection (3) of section 782.04, Florida
510 Statutes, is amended to read:
511 782.04 Murder.—
512 (3) When a human being is killed during the perpetration
513 of, or during the attempt to perpetrate, any:
514 (a) Trafficking offense prohibited by s. 893.135(1),
515 (b) Arson,
516 (c) Sexual battery,
517 (d) Robbery,
518 (e) Burglary,
519 (f) Kidnapping,
520 (g) Escape,
521 (h) Aggravated child abuse,
522 (i) Aggravated abuse of an elderly person or disabled
523 adult,
524 (j) Aircraft piracy,
525 (k) Unlawful throwing, placing, or discharging of a
526 destructive device or bomb,
527 (l) Carjacking,
528 (m) Home-invasion robbery,
529 (n) Aggravated stalking,
530 (o) Murder of another human being,
531 (p) Aggravated fleeing or eluding with serious bodily
532 injury or death,
533 (q) Resisting an officer with violence to his or her
534 person, or
535 (r) Felony that is an act of terrorism or is in furtherance
536 of an act of terrorism, including a felony under s. 775.30, s.
537 775.32, s. 775.33, s. 775.34, or s. 775.35, or
538 (s) Keeping a gambling house under s. 849.01,
539
540 by a person other than the person engaged in the perpetration of
541 or in the attempt to perpetrate such felony, the person
542 perpetrating or attempting to perpetrate such felony commits
543 murder in the second degree, which constitutes a felony of the
544 first degree, punishable by imprisonment for a term of years not
545 exceeding life or as provided in s. 775.082, s. 775.083, or s.
546 775.084.
547 Section 10. Subsections (1) and (2) of section 838.12,
548 Florida Statutes, are amended, and subsection (3) is added to
549 that section, to read:
550 838.12 Bribery in athletic contests.—
551 (1) A person who Whoever gives, promises, offers or
552 conspires to give, promise or offer, to anyone who participates
553 or expects to participate in any professional or amateur game,
554 contest, match, race or sport; or to any umpire, referee, judge
555 or other official of such game, contest, match, race or sport;
556 or to any owner, manager, coach or trainer of, or to any
557 relative of, or to any person having any direct, indirect,
558 remote or possible connection with, any team, individual,
559 participant or prospective participant in any such professional
560 or amateur game, contest, match, race or sport, or the officials
561 aforesaid, any bribe, money, goods, present, reward or any
562 valuable thing whatsoever, or any promise, contract or agreement
563 whatsoever, with intent to influence him or her or them to lose
564 or cause to be lost any game, contest, match, race or sport, or
565 to limit his or her or their or any person’s or any team’s
566 margin of victory in any game, contest, match, race, or sport,
567 or to fix or throw any game, contest, match, race or sport,
568 commits shall be guilty of a felony of the third degree,
569 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
570 (2) Any participant or prospective participant in any
571 professional or amateur game, contest, match, race or sport; or
572 any umpire, referee, judge or other official of such game,
573 contest, match, race or sport; or any owner, manager, coach or
574 trainer of, or any relative of, or any person having any direct,
575 indirect, remote or possible connection with, any team,
576 individual, participant or prospective participant in any such
577 professional or amateur game, contest, match, race or sport, or
578 the officials aforesaid; who in any way solicits, receives or
579 accepts, or agrees to receive or accept, or who conspires to
580 receive or accept, any bribe, money, goods, present, reward or
581 any valuable thing whatsoever, or any promise, contract or
582 agreement whatsoever, with intent to lose or cause to be lost
583 any game, contest, match, race or sport, or to limit his, her,
584 their or any person’s or any team’s margin of victory in any
585 game, contest, match, race or sport, or to fix or throw any
586 game, contest, match, race or sport, commits shall be guilty of
587 a felony of the third degree, punishable as provided in s.
588 775.082, s. 775.083, or s. 775.084.
589 (3) A person who stakes, bets, or wagers any money or other
590 thing of value upon the result of any professional or amateur
591 game, contest, match, race, or sport with knowledge that the
592 outcome of such professional or amateur game, contest, match,
593 race, or sport is prearranged or predetermined as described in
594 subsection (1) or subsection (2) commits a felony of the third
595 degree, punishable as provided in s. 775.082, s. 775.083, or s.
596 775.084.
597 Section 11. Section 843.08, Florida Statutes, is amended to
598 read:
599 843.08 False personation.—A person who falsely assumes or
600 pretends to be a firefighter, a sheriff, an officer of the
601 Florida Highway Patrol, an officer of the Fish and Wildlife
602 Conservation Commission, an officer of the Department of
603 Environmental Protection, an officer of the Department of
604 Financial Services, any personnel or representative of the
605 Florida Gaming Control Commission, any personnel or
606 representative of the Division of Criminal Investigations, an
607 officer of the Department of Corrections, a correctional
608 probation officer, a deputy sheriff, a state attorney or an
609 assistant state attorney, a statewide prosecutor or an assistant
610 statewide prosecutor, a state attorney investigator, a coroner,
611 a police officer, a lottery special agent or lottery
612 investigator, a beverage enforcement agent, a school guardian as
613 described in s. 30.15(1)(k), a security officer licensed under
614 chapter 493, any member of the Florida Commission on Offender
615 Review or any administrative aide or supervisor employed by the
616 commission, any personnel or representative of the Department of
617 Law Enforcement, or a federal law enforcement officer as defined
618 in s. 901.1505, and takes upon himself or herself to act as
619 such, or to require any other person to aid or assist him or her
620 in a matter pertaining to the duty of any such officer, commits
621 a felony of the third degree, punishable as provided in s.
622 775.082, s. 775.083, or s. 775.084. However, a person who
623 falsely personates any such officer during the course of the
624 commission of a felony commits a felony of the second degree,
625 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
626 If the commission of the felony results in the death or personal
627 injury of another human being, the person commits a felony of
628 the first degree, punishable as provided in s. 775.082, s.
629 775.083, or s. 775.084. In determining whether a defendant has
630 violated this section, the court or jury may consider any
631 relevant evidence, including, but not limited to, whether the
632 defendant used lights in violation of s. 316.2397 or s. 843.081.
633 Section 12. Section 849.01, Florida Statutes, is amended to
634 read:
635 849.01 Keeping gambling houses, etc.—
636 (1) A person who, Whoever by herself or himself, her or his
637 servant, clerk or agent, or in any other manner has, keeps,
638 exercises, or maintains a gaming table or room, or gaming
639 implements or apparatus, or house, booth, tent, shelter, or
640 other place for the purpose of gaming or gambling or in any
641 place of which she or he may directly or indirectly have charge,
642 control, or management, either exclusively or with others,
643 procures, suffers, or permits any person to play for money or
644 other valuable thing at any game whatever, whether heretofore
645 prohibited or not, commits the offense of keeping a gambling
646 house.
647 (2)(a) For a first offense, a person who violates
648 subsection (1) commits a felony misdemeanor of the third second
649 degree, punishable as provided in s. 775.082, or s. 775.083, or
650 s. 775.084.
651 (b) For a second or subsequent offense, a person who
652 violates subsection (1) commits a felony of the second degree,
653 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
654 (3) As used in this subsection, the term “course of
655 conduct” means a pattern of conduct composed of a series of acts
656 over a period of time, however short, which evidences a
657 continuity of purpose.
658 (a) A person may not knowingly, or in reckless disregard of
659 the fact:
660 1. Benefit financially or receive anything of value,
661 whether or not as a legal entity, in furtherance of a violation
662 of subsection (1); or
663 2. Participate in a course of conduct in providing any
664 service, product, or material benefit in the furtherance of a
665 violation of subsection (1).
666 (b) A person who violates paragraph (a) commits a felony of
667 the third degree, punishable as provided in s. 775.082, s.
668 775.083, or s. 775.084.
669 (c) A person found in violation of paragraph (a) shall be
670 ordered to pay a fine of $50,000 for each violation.
671 (4) Notwithstanding subsection (2), a person who violates
672 subsection (1) commits a felony of the second degree, punishable
673 as provided in s. 775.082, s. 775.083, or s. 775.084, if, during
674 the commission of an offense under this section, an individual
675 suffers great bodily harm, permanent disability, or permanent
676 disfigurement.
677 Section 13. Section 849.02, Florida Statutes, is amended to
678 read:
679 849.02 Agents or employees of keeper of gambling house.—
680 (1) A person who Whoever acts as servant, clerk, agent, or
681 employee of any person in the violation of s. 849.01 commits:
682 (a) For a first offense, a misdemeanor of the first degree,
683 punishable as provided in s. 775.082 or s. 775.083.
684 (b) For a second offense, a felony of the third degree,
685 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
686 (c) For a third or subsequent offense, a felony of the
687 second degree, punishable as provided in s. 775.082, s. 775.083,
688 or s. 775.084 shall be punished in the manner and to the extent
689 therein mentioned.
690 (2)(a) Notwithstanding subsection (1), if the clerk, agent,
691 or employee is authorized to bind the gambling house in
692 violation of s. 849.01 or act on behalf of any person in the
693 violation of s. 849.01, he or she commits a felony of the third
694 degree, punishable as provided in s. 775.082, s. 775.083, or s.
695 755.084.
696 (b) For a second or subsequent offense, a person commits a
697 felony of the second degree, punishable as provided in s.
698 775.082, s. 775.083, or s. 775.084.
699 Section 14. Section 849.021, Florida Statutes, is created
700 to read:
701 849.021 Government employee misconduct.—
702 (1) As used in this section, the term:
703 (a) “Government employee” means any person employed by, or
704 acting on behalf of, the state or any political subdivision
705 thereof.
706 (b) “Political subdivision” means a county, municipality,
707 department, commission, district, board, or other public body,
708 whether corporate or otherwise, created by or under state law.
709 (2) A government employee may not knowingly certify,
710 license, approve, aid, facilitate, or conceal the operation of a
711 gambling house in violation of s. 849.01.
712 (3) A person who violates subsection (2) commits:
713 (a) For a first offense, a felony of the third degree,
714 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
715 (b) For a second or subsequent offense, a felony of the
716 second degree, punishable as provided in s. 775.082, s. 775.083,
717 or s. 775.084.
718 (4) This section does not apply to any person who is acting
719 in the scope of his or her employment and, in good faith,
720 reports suspected violations of chapter 849 to law enforcement
721 or regulatory agencies.
722 Section 15. Section 849.023, Florida Statutes, is created
723 to read:
724 849.023 Licensure disqualifying offenses; corporate
725 shielding prohibited.—
726 (1) DEFINITIONS.—As used in this section, the term:
727 (a) “Commission” means the Florida Gaming Control
728 Commission.
729 (b) “Controlling person” means:
730 1. A corporate officer or director, or, if a limited
731 liability company, a manager, of the licensee or applicant for a
732 license;
733 2. A general partner, member, or owner of more than 5
734 percent of any equity interest, direct or indirect, in the
735 licensee or applicant; or
736 3. An owner of any interest in the licensee or applicant,
737 including any immediate family member of the owner, or holder of
738 any debt, mortgage, contract, or concession from the licensee or
739 applicant, who by virtue thereof is able to control the business
740 of the licensee or applicant.
741 (c) “Conviction” means a determination of guilt which is
742 the result of a plea or trial, regardless of whether
743 adjudication is withheld or a plea of nolo contendere is
744 entered.
745 (d) “License” has the same meaning as in s. 120.52 and is
746 issued by:
747 1. The Department of Business and Professional Regulation
748 pursuant to chapter 509, chapter 561, chapter 562, chapter 563,
749 chapter 564, chapter 565, chapter 567, chapter 568, or chapter
750 569;
751 2. The commission pursuant to chapter 550, chapter 551, or
752 s. 849.086; or
753 3. The Office of Financial Regulation pursuant to chapter
754 560.
755 (e) “Licensee” means a holder of a license.
756 (f) “Owner” means a sole member or owner of 100 percent of
757 any equity interest, direct or indirect, in the licensee or
758 applicant.
759 (2) PENALTIES.—
760 (a)1. Notwithstanding subsection (1), pursuant to s.
761 120.60(6), a violation of s. 849.01, s. 849.03, or s. 849.15 is
762 deemed an immediate and serious danger to public health, safety,
763 and welfare, and the Department of Business and Professional
764 Regulation, the commission, or the Office of Financial
765 Regulation may summarily suspend the license of any person found
766 in violation of s. 849.01, s. 849.03, or 849.15, or of any
767 business entity if its controlling person or sole owner is found
768 to be in violation of s. 849.01, s. 849.03, or s. 849.15.
769 2. In addition to any other penalty provided by law, a
770 licensee or an applicant may have a license revoked or any
771 application thereof denied or not reissued if the licensee or
772 applicant, the controlling person of the licensee or applicant,
773 or the sole owner of the licensee or applicant is convicted of a
774 violation of s. 849.01, s. 849.03, or s. 849.15.
775 3. Notwithstanding subparagraph 2., a licensee or applicant
776 may retain, apply for, or be reissued a license if the license
777 issuing agency finds that such licensee has removed the
778 controlling person from the business.
779 (b) Notwithstanding paragraph (a), a licensee is subject to
780 a fine of up to $75,000 for a violation of s. 849.01, s. 849.03,
781 or s. 849.15.
782 Section 16. Section 849.03, Florida Statutes, is amended to
783 read:
784 849.03 Renting or leasing house for gambling purposes.—
785 (1) A person who Whoever, whether as owner or agent,
786 knowingly rents or leases to another a house, room, booth, tent,
787 shelter, or place for the purpose of gaming commits:
788 (a) For a first offense, a felony of the third degree,
789 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
790 (b) For a second or subsequent offense, a felony of the
791 second degree, punishable as provided in s. 775.082, s. 775.083,
792 or s. 775.084 shall be punished in the manner and to the extent
793 mentioned in s. 849.01.
794 (2) For purposes of this section, the term “knowingly”
795 means having general or reasonable knowledge of, or reasonable
796 belief or grounds for belief that, a violation of s. 849.01 is
797 occurring.
798 Section 17. Section 849.08, Florida Statutes, is amended to
799 read:
800 849.08 Gambling.—
801 (1) As used in this section, the term:
802 (a) “Internet gambling” means to play or engage in a game
803 in which money or other thing of value is awarded based on
804 chance, regardless of any application of skill, which game is
805 available on the Internet and accessible on a mobile device,
806 computer terminal, or other similar access device and simulates
807 casino-style gaming, including, but not limited to, slot
808 machines, video poker, and table games.
809 (b) “Internet sports wagering” means to stake, bet, or
810 wager money or other thing of value upon the result of any trial
811 or contest of skill, speed, power, or endurance of human or
812 beast, other than pari-mutuel wagering conducted pursuant to
813 chapter 550, which is available on the Internet and accessible
814 on a mobile device, computer terminal, or other similar access
815 device.
816 (2) A person who Whoever plays or engages in Internet
817 gambling or any game at cards, keno, roulette, faro, or other
818 game of chance, at any place, by any device whatever, for money
819 or other thing of value, commits shall be guilty of a
820 misdemeanor of the second degree, punishable as provided in s.
821 775.082 or s. 775.083.
822 (3) A person who plays or engages in Internet sports
823 wagering commits:
824 (a) For a first violation, a misdemeanor of the second
825 degree, punishable as provided in s. 775.082 or s. 775.083.
826 (b) For a second or subsequent violation, a misdemeanor of
827 the first degree, punishable as provided in s. 775.082 or s.
828 775.083.
829 (4) A person who operates, conducts, or promotes Internet
830 gambling or Internet sports wagering, or receives in any manner
831 money or other thing of value offered for the purpose of
832 Internet gambling or Internet sports wagering, or who knowingly
833 becomes the custodian or depositary of any money or other thing
834 of value so offered, or who aids, assists, abets, or influences
835 in any manner in any such acts, commits a felony of the third
836 degree, punishable as provided in s. 775.082, s. 775.083, or s.
837 775.084.
838 (5) This section does not apply to participation in, or the
839 conduct of, any gaming activities authorized under s.
840 285.710(13) and conducted pursuant to a gaming compact ratified
841 and approved under s. 285.710(3).
842 Section 18. Paragraph (e) is added to subsection (12) of
843 section 849.086, Florida Statutes, to read:
844 849.086 Cardrooms authorized.—
845 (12) PROHIBITED ACTIVITIES.—
846 (e) A person who manipulates or attempts to manipulate the
847 playing cards, outcome, or payoff of a card game in a licensed
848 cardroom by physical tampering or by use of any object,
849 instrument, or device, whether mechanical, electrical, magnetic,
850 or involving other means, commits a felony of the third degree,
851 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
852 Section 19. Section 849.09, Florida Statutes, is
853 republished to read:
854 849.09 Lottery prohibited; exceptions.—
855 (1) It is unlawful for any person in this state to:
856 (a) Set up, promote, or conduct any lottery for money or
857 for anything of value;
858 (b) Dispose of any money or other property of any kind
859 whatsoever by means of any lottery;
860 (c) Conduct any lottery drawing for the distribution of a
861 prize or prizes by lot or chance, or advertise any such lottery
862 scheme or device in any newspaper or by circulars, posters,
863 pamphlets, radio, telegraph, telephone, or otherwise;
864 (d) Aid or assist in the setting up, promoting, or
865 conducting of any lottery or lottery drawing, whether by
866 writing, printing, or in any other manner whatsoever, or be
867 interested in or connected in any way with any lottery or
868 lottery drawing;
869 (e) Attempt to operate, conduct, or advertise any lottery
870 scheme or device;
871 (f) Have in her or his possession any lottery wheel,
872 implement, or device whatsoever for conducting any lottery or
873 scheme for the disposal by lot or chance of anything of value;
874 (g) Sell, offer for sale, or transmit, in person or by mail
875 or in any other manner whatsoever, any lottery ticket, coupon,
876 or share, or any share in or fractional part of any lottery
877 ticket, coupon, or share, whether such ticket, coupon, or share
878 represents an interest in a live lottery not yet played or
879 whether it represents, or has represented, an interest in a
880 lottery that has already been played;
881 (h) Have in her or his possession any lottery ticket, or
882 any evidence of any share or right in any lottery ticket, or in
883 any lottery scheme or device, whether such ticket or evidence of
884 share or right represents an interest in a live lottery not yet
885 played or whether it represents, or has represented, an interest
886 in a lottery that has already been played;
887 (i) Aid or assist in the sale, disposal, or procurement of
888 any lottery ticket, coupon, or share, or any right to any
889 drawing in a lottery;
890 (j) Have in her or his possession any lottery
891 advertisement, circular, poster, or pamphlet, or any list or
892 schedule of any lottery prizes, gifts, or drawings; or
893 (k) Have in her or his possession any so-called “run down
894 sheets,” tally sheets, or other papers, records, instruments, or
895 paraphernalia designed for use, either directly or indirectly,
896 in, or in connection with, the violation of the laws of this
897 state prohibiting lotteries and gambling.
898
899 Provided, that nothing in this section shall prohibit
900 participation in any nationally advertised contest, drawing,
901 game or puzzle of skill or chance for a prize or prizes unless
902 it can be construed as a lottery under this section; and,
903 provided further, that this exemption for national contests
904 shall not apply to any such contest based upon the outcome or
905 results of any horserace, harness race, dograce, or jai alai
906 game.
907 (2) Any person who is convicted of violating any of the
908 provisions of paragraph (a), paragraph (b), paragraph (c), or
909 paragraph (d) of subsection (1) is guilty of a felony of the
910 third degree, punishable as provided in s. 775.082, s. 775.083,
911 or s. 775.084.
912 (3) Any person who is convicted of violating any of the
913 provisions of paragraph (e), paragraph (f), paragraph (g),
914 paragraph (i), or paragraph (k) of subsection (1) is guilty of a
915 misdemeanor of the first degree, punishable as provided in s.
916 775.082 or s. 775.083. Any person who, having been convicted of
917 violating any provision thereof, thereafter violates any
918 provision thereof is guilty of a felony of the third degree,
919 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
920 The provisions of this section do not apply to bingo as provided
921 for in s. 849.0931.
922 (4) Any person who is convicted of violating any of the
923 provisions of paragraph (h) or paragraph (j) of subsection (1)
924 is guilty of a misdemeanor of the first degree, punishable as
925 provided in s. 775.082 or s. 775.083. Any person who, having
926 been convicted of violating any provision thereof, thereafter
927 violates any provision thereof is guilty of a felony of the
928 third degree, punishable as provided in s. 775.082, s. 775.083,
929 or s. 775.084.
930 Section 20. Section 849.11, Florida Statutes, is amended to
931 read:
932 849.11 Plays at games of chance by lot.—
933 (1) A person who Whoever sets up, promotes or plays in
934 person or by the use, in whole or in part, of the Internet, at
935 any game of chance by lot or with dice, cards, numbers, hazards
936 or any other gambling device whatever for, or for the disposal
937 of money or other thing of value or under the pretext of a sale,
938 gift or delivery thereof, or for any right, share or interest
939 therein, commits shall be guilty of a misdemeanor of the second
940 degree, punishable as provided in s. 775.082 or s. 775.083.
941 (2) A person who sets up, operates, conducts, promotes, or
942 receives in any manner any money or other thing of value offered
943 for the purpose of conduct prohibited in subsection (1), or who
944 knowingly becomes the custodian or depositary of any money or
945 other thing of value so offered, or who aids, assists, abets, or
946 influences in any manner in any such acts, commits a felony of
947 the third degree, punishable as provided in s. 775.082, s.
948 775.083, or s. 775.084.
949 Section 21. Section 849.13, Florida Statutes, is amended to
950 read:
951 849.13 Punishment on second or subsequent conviction.—A
952 person who is convicted of a second or subsequent violation of
953 the same Whoever, after being convicted of an offense forbidden
954 by law in connection with lotteries for which there is no
955 penalty specified for a second or subsequent violation shall
956 have the offense reclassified to an offense of the next higher
957 degree, commits the like offense, shall be guilty of a
958 misdemeanor of the first degree, punishable as provided in s.
959 775.082, or s. 775.083, or s. 775.084. For purposes of
960 sentencing under chapter 921, a felony offense that is
961 reclassified under this section is ranked one level above the
962 ranking under s. 921.0022 or s. 921.0023 of the felony offense
963 committed.
964 Section 22. Section 849.14, Florida Statutes, is amended to
965 read:
966 849.14 Unlawful to bet on result of trial or contest of
967 skill, etc.—A person who Whoever stakes, bets, or wagers any
968 money or other thing of value upon the result of any trial or
969 contest of skill, speed or power or endurance of human or beast,
970 or who whoever receives in any manner whatsoever any money or
971 other thing of value staked, bet, or wagered, or offered for the
972 purpose of being staked, bet, or wagered, by or for any other
973 person upon any such result, or who whoever knowingly becomes
974 the custodian or depositary of any money or other thing of value
975 so staked, bet, or wagered upon any such result, or who whoever
976 aids, or assists, or abets, or influences in any manner in any
977 of such acts all of which are hereby forbidden, commits a felony
978 of the third degree, punishable as provided in s. 775.082, or s.
979 775.083, or s. 775.084.
980 Section 23. Section 849.15, Florida Statutes, is amended to
981 read:
982 849.15 Manufacture, sale, possession, etc., of slot
983 machines or devices prohibited.—
984 (1) As used in this section, the term:
985 (a) “Conviction” means a determination of guilt which is
986 the result of a plea or trial, regardless of whether
987 adjudication is withheld or a plea of nolo contendere is
988 entered.
989 (b) “Part thereof” means any equipment, subassembly, or
990 other part of a slot machine or device, whether attached to the
991 slot machine or device or separate therefrom, which was used,
992 attempted to be used, or intended to be used in connection with
993 the play or operation of the slot machine or device.
994 (c) “Person of authority” means a person who, at any
995 business, establishment, premises, or other location at which a
996 slot machine or device is offered for play, has:
997 1. Actual authority to act on behalf of such business,
998 establishment, premises, or other location; or
999 2. Any ownership interest in such business, establishment,
1000 premises, or other location. For purposes of this paragraph, the
1001 term “ownership interest” includes an officer, a director, or a
1002 managing member of the business, establishment, premises, or
1003 other location.
1004 (2) It is unlawful:
1005 (a) To manufacture, own, store, keep, possess, sell, rent,
1006 lease, let on shares, lend or give away, transport, or expose
1007 for sale or lease, or to offer to sell, rent, lease, let on
1008 shares, lend or give away, or permit the operation of, or for
1009 any person to permit to be placed, maintained, or used or kept
1010 in any room, space, or building owned, leased or occupied by the
1011 person or under the person’s management or control, any slot
1012 machine or device or any part thereof.; or
1013 (b) To make or to permit to be made with any person any
1014 agreement with reference to any slot machine or device, pursuant
1015 to which the user thereof, as a result of any element of chance
1016 or other outcome unpredictable to him or her, may become
1017 entitled to receive any money, credit, allowance, or thing of
1018 value or additional chance or right to use such machine or
1019 device, or to receive any check, slug, token or memorandum
1020 entitling the holder to receive any money, credit, allowance or
1021 thing of value.
1022 (3)(a) Except as provided in paragraphs (b) and (c), a
1023 person who violates subsection (2) commits a misdemeanor of the
1024 first degree, punishable as provided in s. 775.082 or s.
1025 775.083.
1026 (b) A person commits a felony of the third degree,
1027 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1028 if he or she violates subsection (2), and:
1029 1. At the time of the violation, the person was a person of
1030 authority; or
1031 2. The person has one prior conviction for a violation of
1032 this section.
1033 (c) A person commits a felony of the second degree,
1034 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
1035 if he or she violates subsection (2), and:
1036 1.a. At the time of the violation, the person was a person
1037 of authority; and
1038 b. The violation involves five or more slot machines or
1039 devices; or
1040 2. The person has two or more prior convictions for a
1041 violation of this section.
1042 (4)(2) Pursuant to section 2 of that chapter of the
1043 Congress of the United States entitled “An act to prohibit
1044 transportation of gaming devices in interstate and foreign
1045 commerce,” approved January 2, 1951, being ch. 1194, 64 Stat.
1046 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
1047 of Florida, acting by and through the duly elected and qualified
1048 members of its Legislature, does hereby in this section, and in
1049 accordance with and in compliance with the provisions of section
1050 2 of such chapter of Congress, declare and proclaim that any
1051 county of the State of Florida within which slot machine gaming
1052 is authorized pursuant to chapter 551 is exempt from the
1053 provisions of section 2 of that chapter of the Congress of the
1054 United States entitled “An act to prohibit transportation of
1055 gaming devices in interstate and foreign commerce,” designated
1056 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
1057 shipments of gaming devices, including slot machines, into any
1058 county of this state within which slot machine gaming is
1059 authorized pursuant to chapter 551 and the registering,
1060 recording, and labeling of which have been duly performed by the
1061 manufacturer or distributor thereof in accordance with sections
1062 3 and 4 of that chapter of the Congress of the United States
1063 entitled “An act to prohibit transportation of gaming devices in
1064 interstate and foreign commerce,” approved January 2, 1951,
1065 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
1066 ss. 1171-1177, are shall be deemed legal shipments thereof into
1067 this state provided the destination of such shipments is an
1068 eligible facility as defined in s. 551.102 or the facility of a
1069 slot machine manufacturer or slot machine distributor as
1070 provided in s. 551.109(2)(a).
1071 (5) All shipments of legal gaming devices, including legal
1072 slot machines, into Indian lands located within this state are
1073 deemed legal shipments, provided that such Indian lands are held
1074 in federal trust for the benefit of a federally recognized
1075 Indian tribe that is a party to a tribal-state compact with the
1076 state pursuant to the federal Indian Gaming Regulatory Act of
1077 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C. ss. 2701 et seq.
1078 Section 24. Section 849.155, Florida Statutes, is created
1079 to read:
1080 849.155 Trafficking in slot machines, devices, or parts
1081 thereof.—
1082 (1) Any person who knowingly sells, purchases,
1083 manufactures, transports, delivers, or brings into this state
1084 more than 15 slot machines or devices or any parts thereof
1085 commits a felony of the first degree, punishable as provided in
1086 s. 775.082, s. 775.083, or s. 775.084. For purposes of this
1087 section, the term “parts thereof” has the same meaning as in s.
1088 849.15. If the quantity of slot machines or devices or any parts
1089 thereof involved is:
1090 (a) More than 15 slot machines or devices or any parts
1091 thereof, but fewer than 25 slot machines or devices or any parts
1092 thereof, such person must be fined $100,000.
1093 (b) More than 25 slot machines or devices or any parts
1094 thereof, but fewer than 50 slot machines or devices or any parts
1095 thereof, such person must be fined $250,000.
1096 (c) More than 50 slot machines or devices or any parts
1097 thereof or more, such person must be fined $500,000.
1098 (2) Pursuant to section 2 of that chapter of the Congress
1099 of the United States entitled “An act to prohibit transportation
1100 of gaming devices in interstate and foreign commerce,” approved
1101 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
1102 designated as 15 U.S.C. ss. 1171-1177, relating to
1103 transportation of gambling devices in interstate and foreign
1104 commerce, the State of Florida, acting by and through the duly
1105 elected and qualified members of its Legislature, does hereby in
1106 this section, and in accordance with and in compliance with
1107 section 2 of such chapter of Congress, declare and proclaim that
1108 any county of the State of Florida within which slot machine
1109 gaming is authorized pursuant to chapter 551 is exempt from
1110 section 2 of that chapter of the Congress of the United States
1111 entitled “An act to prohibit transportation of gaming devices in
1112 interstate and foreign commerce,” designated as 15 U.S.C. ss.
1113 1171-1177, approved January 2, 1951. All shipments of slot
1114 machines into any county of this state in which slot machine
1115 gaming is authorized pursuant to chapter 551 and the
1116 registering, recording, and labeling of which have been duly
1117 performed by the manufacturer or distributor thereof in
1118 accordance with sections 3 and 4 of that chapter of the Congress
1119 of the United States entitled “An act to prohibit transportation
1120 of gaming devices in interstate and foreign commerce,” approved
1121 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
1122 designated as 15 U.S.C. ss. 1171-1177, are deemed legal
1123 shipments thereof into this state, provided the destination of
1124 such shipments is an eligible facility as defined in s. 551.102
1125 or the facility of a slot machine manufacturer or slot machine
1126 distributor as provided in s. 551.109(2)(a).
1127 (3) All shipments of legal gaming devices, including legal
1128 slot machines, onto Indian lands located within this state are
1129 deemed legal shipments thereof, provided that such Indian lands
1130 are held in federal trust for the benefit of a federally
1131 recognized Indian tribe that is a party to a tribal-state
1132 compact with the state pursuant to the federal Indian Gaming
1133 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C.
1134 ss. 2701 et seq.
1135
1136 Notwithstanding any other law, all fines imposed and collected
1137 pursuant to this section shall be deposited into the Pari-mutuel
1138 Wagering Trust Fund to be used by the Florida Gaming Control
1139 Commission for the enforcement of this chapter and chapters 546,
1140 550, and 551.
1141 Section 25. Section 849.157, Florida Statutes, is created
1142 to read:
1143 849.157 Making a false or misleading statement regarding
1144 the legality of slot machines or devices to facilitate sale.—
1145 (1) Except as provided in subsection (2), a person may not
1146 knowingly and willfully make a materially false or misleading
1147 statement or knowingly and willfully disseminate false or
1148 misleading information regarding the legality of a slot machine
1149 or device for the purpose of facilitating the sale or delivery
1150 of such slot machine or device for any money or other thing of
1151 value. A person who violates this subsection commits a felony of
1152 the third degree, punishable as provided in s. 775.082, s.
1153 775.083, or s. 775.084.
1154 (2) A person who violates subsection (1), when such a
1155 violation involves the sale or delivery, or attempted sale or
1156 delivery, of five or more slot machines or devices, commits a
1157 felony of the second degree, punishable as provided in s.
1158 775.082, s. 775.083, or s. 775.084.
1159 Section 26. Section 849.18, Florida Statutes, is amended to
1160 read:
1161 849.18 Disposition of machines upon conviction.—
1162 (1) For any slot machine or device prohibited pursuant to
1163 s. 849.15 which is not destroyed pursuant to s. 849.181, upon
1164 entering a plea of guilty or nolo contendere to, regardless of
1165 adjudication, the filing of a nolle prosequi or upon the
1166 successful completion of a diversion program or a deferred
1167 prosecution agreement, the filing of a no-information, or upon
1168 conviction of the person arrested for the violation of ss.
1169 849.15-849.22 any of the provisions of ss. 849.15-849.23, the
1170 judge of the court trying the case, after such notice to the
1171 person convicted, and any other person whom the judge may be of
1172 the opinion is entitled to such notice, and as the judge may
1173 deem reasonable, shall issue to the sheriff of the county a
1174 written order adjudging and declaring any such machine,
1175 apparatus or device forfeited, and directing such sheriff to
1176 destroy the same, with the exception of the money. The order of
1177 the court must shall state the time and place and the manner in
1178 which such property must shall be destroyed, and the sheriff
1179 shall destroy the same in the presence of the clerk of the
1180 circuit court of such county.
1181 (2) For any slot machine or device prohibited pursuant to
1182 s. 849.15 which is not destroyed pursuant to s. 849.181, if no
1183 arrests or criminal charges have been filed against any person
1184 for violations of ss. 849.15-849.22, the Florida Gaming Control
1185 Commission may destroy such seized machine, apparatus, or device
1186 under s. 849.16 if, 60 days after the conclusion of a lawful
1187 investigation, no claim has been filed in any court of competent
1188 jurisdiction for such machine, apparatus, or device.
1189 Section 27. Section 849.181, Florida Statutes, is created
1190 to read:
1191 849.181 Destruction of excess machines.—
1192 (1) It is the intent of the Legislature to protect the
1193 public health, safety, and welfare of the residents of this
1194 state by removing slot machines or devices as defined in s.
1195 849.16 from public circulation and preventing the warehousing of
1196 large quantities of such slot machines or devices.
1197 (2) As used in this section, the term:
1198 (a) “Criminal justice agency” has the same meaning as
1199 provided in s. 943.045.
1200 (b) “Excess slot machines” means more than five slot
1201 machines seized during an investigation.
1202 (c) “Slot machine” has the same meaning as the term “slot
1203 machine or device” as defined in s. 849.16(1) and includes the
1204 definition of “parts thereof” provided in s. 849.15.
1205 (3) Notwithstanding any other law, a criminal justice
1206 agency having custody of excess slot machines may destroy such
1207 slot machines during the pendency of any related legal
1208 proceedings or ongoing criminal investigations, provided that
1209 such criminal justice agency:
1210 (a) Retains at least five slot machines seized during an
1211 investigation until such time as the slot machines may be
1212 destroyed as provided in s. 849.18;
1213 (b) Notifies the appropriate United States Attorney or
1214 assistant United States Attorney, the responsible state or local
1215 prosecutor, or a criminal justice agency conducting a criminal
1216 investigation that the excess slot machines will be destroyed
1217 after 60 days from the date notice is provided, unless the
1218 entity receiving the notice under this paragraph requests in
1219 writing that the criminal justice agency not destroy the excess
1220 slot machines;
1221 (c) Photographs and records on video each excess slot
1222 machine before its destruction to serve as evidentiary exhibits
1223 for use at trial. Each photograph and video recording must
1224 include a written description of the name of the violator of
1225 this chapter, the location where the alleged violation occurred,
1226 the name of the investigating law enforcement officer, the date
1227 the photograph or video recording was taken, and the name of the
1228 photographer or videographer. Such writing must be made under
1229 oath by the investigating law enforcement officer, and the
1230 photograph and video recording must be authenticated by the
1231 photographer’s or videographer’s signature;
1232 (d) Destroys each excess slot machine in the presence of a
1233 law enforcement officer. The law enforcement officer shall
1234 create a written and properly sworn documentation of the date,
1235 time, location, and number of excess slot machines destroyed;
1236 and
1237 (e) Maintains the written and properly sworn documentation
1238 created by the witnessing law enforcement officer pursuant to
1239 paragraph (d) as required under s. 119.021.
1240 (4) In any prosecution for a violation of this chapter, a
1241 photograph and video recording of an excess slot machine
1242 captured and documented pursuant to paragraph (c) may be deemed
1243 competent evidence and may be admissible in the prosecution to
1244 the same extent as if such excess slot machine were introduced
1245 as evidence.
1246 (5) If any provision of this section or its application to
1247 any person or circumstance is held invalid, the invalidity does
1248 not affect other provisions or applications of this section or
1249 chapter which can be given effect without the invalid provision
1250 or application, and to this end the provisions of this section
1251 are severable.
1252 Section 28. Section 849.47, Florida Statutes, is created to
1253 read:
1254 849.47 Transporting or procuring the transportation of
1255 persons to facilitate illegal gambling.—
1256 (1) As used in this section, the term “illegal gambling”
1257 means any criminal violation of this chapter, chapter 546,
1258 chapter 550, or chapter 551 which occurs at any business,
1259 establishment, premises, or other location.
1260 (2) Except as provided in subsection (3), a person who
1261 knowingly and willfully transports, or procures the
1262 transportation of, five or more other persons into or within
1263 this state when he or she knows or reasonably should know that
1264 such transportation is for the purpose of facilitating illegal
1265 gambling, commits a misdemeanor of the first degree, punishable
1266 as provided in s. 775.082 or s. 775.083.
1267 (3)(a) A person who transports, or procures the
1268 transportation of, a minor or a person 65 years of age or older
1269 into or within this state when he or she knows or reasonably
1270 should know that such transportation is for the purpose of
1271 facilitating illegal gambling commits a felony of the third
1272 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1273 775.084.
1274 (b) A person who transports, or procures the transportation
1275 of, 12 or more persons in violation of subsection (2) commits a
1276 felony of the third degree, punishable as provided in s.
1277 775.082, s. 775.083, or s. 775.084.
1278 Section 29. Section 849.48, Florida Statutes, is created to
1279 read:
1280 849.48 Gambling or gaming advertisements; prohibited.—
1281 (1) As used in this section, the term “illegal gambling”
1282 has the same meaning as in s. 849.47(1).
1283 (2)(a) Except as otherwise authorized by law, a person may
1284 not knowingly and intentionally make, publish, disseminate,
1285 circulate, or place before the public, or cause, directly or
1286 indirectly, to be made, published, disseminated, circulated, or
1287 placed before the public in this state, in any manner, whether
1288 in person or by the use, at least in part, of the Internet, any
1289 advertisement, circular, bill, poster, pamphlet, list, schedule,
1290 announcement, or notice for the purpose of promoting or
1291 facilitating illegal gambling.
1292 (b) Except as otherwise authorized by law, a person may not
1293 set up any type or plate for any type of advertisement,
1294 circular, bill, poster, pamphlet, list, schedule, announcement,
1295 or notice when he or she knows or reasonably should know that
1296 such material will be used for the purpose of promoting or
1297 facilitating illegal gambling.
1298 (c) A person who violates this subsection commits:
1299 1. For a first offense, a misdemeanor of the first degree,
1300 punishable as provided in s. 775.082 or s. 775.083.
1301 2. For a second or subsequent offense, a felony of the
1302 third degree, punishable as provided in s. 775.082, s. 775.083,
1303 or s. 775.084.
1304 (3) This section does not prohibit the printing or
1305 producing of any advertisement, circular, bill, poster,
1306 pamphlet, list, schedule, announcement, or notice to be used for
1307 the purpose of promoting or facilitating gambling conducted in
1308 any other state or nation, outside of this state, where such
1309 gambling is not prohibited.
1310 Section 30. Section 849.49, Florida Statutes, is created to
1311 read:
1312 849.49 Preemption.—A county, municipality, or other
1313 political subdivision of the state may not enact or enforce any
1314 ordinance or local rule relating to gaming, gambling, lotteries,
1315 or any activities described in this chapter or s. 546.10, except
1316 as otherwise expressly provided by general law, special law, or
1317 the State Constitution.
1318 Section 31. Section 849.51, Florida Statutes, is created to
1319 read:
1320 849.51 Limited Slot Machine Surrender Program.—
1321 (1) The Legislature finds that illegal gaming operations
1322 not only undermine public trust but also expose citizens of this
1323 state to organized criminal conduct, financial exploitation, and
1324 a host of other social harms. Furthermore, the Legislature finds
1325 that certain persons or entities owning, storing, keeping,
1326 possessing, transporting, permitting the operation of, or
1327 otherwise offering illegal gaming devices for play may have been
1328 misled regarding the legality of the otherwise illegal gaming
1329 devices. Therefore, the Legislature finds that there is a
1330 compelling state interest in creating a limited period of time
1331 in which otherwise illegal gaming devices may be surrendered
1332 without penalty to ensure that any unknowing or otherwise
1333 innocent party may avoid criminal prosecution or civil penalty.
1334 (2) There is created within the commission the Limited Slot
1335 Machine Surrender Program. The purpose of the program is to
1336 allow individuals and organizations an opportunity to surrender
1337 or otherwise disclaim any and all interest in any gaming
1338 devices, including, but not limited to, those devices or games
1339 described in ss. 849.09 and 849.16, and devices or games
1340 purported to be authorized by ss. 546.10, 849.0931, 849.094, and
1341 849.14, and convey such gaming devices to the commission. The
1342 surrender of a gaming device pursuant to the program is deemed
1343 irrevocable and final.
1344 (3) Any individual or organization that surrenders a gaming
1345 device to the commission pursuant to the program is immune from
1346 criminal prosecution for a violation of this chapter related to
1347 any of the surrendered devices.
1348 (4) The program shall begin by September 1, 2026, and end
1349 on October 1, 2026.
1350 (5) The commission shall advertise the program no earlier
1351 than 60 days before October 1, 2026.
1352 (6) A person or an entity does not have any right to
1353 property in any of the devices surrendered to the commission
1354 pursuant to this section.
1355 (7) The commission may execute memoranda of understanding
1356 with other criminal justice agencies to administer the program.
1357 Section 32. Present paragraphs (i) through (m) of
1358 subsection (2) of section 903.046, Florida Statutes, are
1359 redesignated as paragraphs (j) through (n), respectively, and a
1360 new paragraph (i) is added to that subsection, to read:
1361 903.046 Purpose of and criteria for bail determination.—
1362 (2) When determining whether to release a defendant on bail
1363 or other conditions, and what that bail or those conditions may
1364 be, the court shall consider:
1365 (i) The amount of currency seized which is connected to or
1366 involved in a violation of chapter 546, chapter 550, chapter
1367 551, or chapter 849.
1368 Section 33. Paragraphs (c), (e), (g), and (h) of subsection
1369 (3) of section 921.0022, Florida Statutes, are amended to read:
1370 921.0022 Criminal Punishment Code; offense severity ranking
1371 chart.—
1372 (3) OFFENSE SEVERITY RANKING CHART
1373 (c) LEVEL 3
1374
1375 FloridaStatute FelonyDegree Description
1376 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
1377 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
1378 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1379 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
1380 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1381 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1382 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1383 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1384 327.35(2)(b) 3rd Felony BUI.
1385 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1386 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1387 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1388 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.
1389 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.
1390 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
1391 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
1392 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
1393 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
1394 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1395 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
1396 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
1397 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
1398 697.08 3rd Equity skimming.
1399 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1400 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.
1401 800.045(3) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes a lewd or lascivious image.
1402 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1403 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1404 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1405 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older.
1406 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1407 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1408 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
1409 812.081(2) 3rd Theft of a trade secret.
1410 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
1411 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1412 817.233 3rd Burning to defraud insurer.
1413 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
1414 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1415 817.236 3rd Filing a false motor vehicle insurance application.
1416 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
1417 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
1418 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
1419 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
1420 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
1421 836.13(2) 3rd Generating an altered sexual depiction of an identifiable person without consent.
1422 836.13(4) 3rd Promoting, or possessing with intent to promote, an altered sexual depiction of an identifiable person without consent.
1423 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1424 838.12 3rd Bribery in athletic contests.
1425 847.01385 3rd Harmful communication to a minor.
1426 849.01(2)(a) 3rd Keeping a gambling house.
1427 849.01(3)(b) 3rd Knowingly benefitting from or participating in the operation of a gambling house.
1428 849.02(1)(b) & (2)(a) 3rd Agents or employees of keeper of gambling house.
1429 849.021(3)(a) 3rd Government employee misconduct relating to gambling houses.
1430 849.03(1)(a) 3rd Renting space at a gambling house.
1431 849.08(4) 3rd Internet wagering.
1432 849.086(12)(e) 3rd Manipulating playing cards.
1433 849.09(2) 3rd Illegal lottery.
1434 849.11(2) 3rd Operating or playing games of chance by lot.
1435 849.14 3rd Betting on result of trial or contest of skill.
1436 849.15(3)(b) 3rd Manufacture, sale, possession, etc. of slot machines or devices.
1437 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices.
1438 849.25(2) 3rd Bookmaking.
1439 849.47(3)(a)&(b) 3rd Transporting or procuring transportation of certain persons to facilitate gambling.
1440 849.48(2)(c)2. 3rd Prohibited gambling or gaming advertisements.
1441 860.15(3) 3rd Overcharging for repairs and parts.
1442 870.01(2) 3rd Riot.
1443 870.01(4) 3rd Inciting a riot.
1444 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).
1445 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.
1446 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.
1447 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
1448 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1449 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1450 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1451 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1452 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1453 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.
1454 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.
1455 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1456 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.
1457 918.13(1) 3rd Tampering with or fabricating physical evidence.
1458 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
1459 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1460 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1461 (e) LEVEL 5
1462
1463 FloridaStatute FelonyDegree Description
1464 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
1465 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.
1466 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
1467 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
1468 327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene.
1469 365.172 (14)(b)2. 2nd Misuse of emergency communications system resulting in death.
1470 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.
1471 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
1472 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
1473 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
1474 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
1475 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
1476 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
1477 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
1478 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
1479 790.01(3) 3rd Unlawful carrying of a concealed firearm.
1480 790.162 2nd Threat to throw or discharge destructive device.
1481 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
1482 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
1483 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
1484 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
1485 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
1486 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
1487 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
1488 810.145(4) 3rd Commercial digital voyeurism dissemination.
1489 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
1490 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
1491 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
1492 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
1493 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
1494 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
1495 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
1496 812.019(1) 2nd Stolen property; dealing in or trafficking in.
1497 812.081(3) 2nd Trafficking in trade secrets.
1498 812.131(2)(b) 3rd Robbery by sudden snatching.
1499 812.16(2) 3rd Owning, operating, or conducting a chop shop.
1500 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
1501 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
1502 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.
1503 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.
1504 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
1505 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
1506 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
1507 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
1508 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
1509 838.12 3rd Bribery in athletic contests(2nd or subsequent conviction).
1510 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.
1511 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
1512 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
1513 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
1514 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
1515 849.01(2)(b) 2nd Keeping a gambling house (2nd or subsequent offense).
1516 849.02(1)(c)&(2)(b) 2nd Agents or employees of keeper of gambling house (2nd or subsequent offense).
1517 849.021(3)(b) 2nd Government employee misconduct relating to gambling houses (2nd or subsequent offense).
1518 849.03(1)(b) 2nd Renting space at a gambling house (2nd or subsequent offense).
1519 849.08(4) 2nd Operating, conducting, promoting, aiding, assisting, abetting, influencing Internet gambling and Internet sports wagering (2nd or subsequent conviction).
1520 849.086(12)(e) 2nd Tampering with cards or card games (2nd or subsequent conviction).
1521 849.11(2) 2nd Offenses related to games of chance (2nd or subsequent conviction).
1522 849.14 2nd Betting on result of trial or contest of skill (2nd or subsequent conviction).
1523 849.15(3)(c) 2nd Manufacture, sale, possession, etc. of slot machines or devices.
1524 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).
1525 849.48(2)(c)2. 2nd Prohibited gambling or gaming advertisements (2nd or subsequent offense).
1526 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
1527 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
1528 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).
1529 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.
1530 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.
1531 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.
1532 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.
1533 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
1534 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
1535
1536 (g) LEVEL 7
1537
1538 FloridaStatute FelonyDegree Description
1539 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
1540 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1541 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.
1542 327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious bodily injury.
1543 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1544 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1545 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1546 456.065(2) 3rd Practicing a health care profession without a license.
1547 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1548 458.327(1) 3rd Practicing medicine without a license.
1549 459.013(1) 3rd Practicing osteopathic medicine without a license.
1550 460.411(1) 3rd Practicing chiropractic medicine without a license.
1551 461.012(1) 3rd Practicing podiatric medicine without a license.
1552 462.17 3rd Practicing naturopathy without a license.
1553 463.015(1) 3rd Practicing optometry without a license.
1554 464.016(1) 3rd Practicing nursing without a license.
1555 465.015(2) 3rd Practicing pharmacy without a license.
1556 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1557 467.201 3rd Practicing midwifery without a license.
1558 468.366 3rd Delivering respiratory care services without a license.
1559 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1560 483.901(7) 3rd Practicing medical physics without a license.
1561 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1562 484.053 3rd Dispensing hearing aids without a license.
1563 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.
1564 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.
1565 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1566 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1567 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
1568 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1569 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1570 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1571 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1572 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1573 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1574 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1575 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1576 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1577 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1578 784.048(7) 3rd Aggravated stalking; violation of court order.
1579 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1580 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1581 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1582 784.081(1) 1st Aggravated battery on specified official or employee.
1583 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1584 784.083(1) 1st Aggravated battery on code inspector.
1585 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense.
1586 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction.
1587 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
1588 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.
1589 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1590 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1591 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1592 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1593 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1594 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1595 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1596 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.
1597 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
1598 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
1599 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
1600 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.
1601 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.
1602 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1603 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1604 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1605 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1606 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1607 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.
1608 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1609 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1610 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1611 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
1612 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1613 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1614 812.131(2)(a) 2nd Robbery by sudden snatching.
1615 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1616 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1617 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1618 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1619 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1620 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.
1621 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
1622 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
1623 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1624 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
1625 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1626 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.
1627 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1628 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1629 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
1630 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
1631 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1632 838.015 2nd Bribery.
1633 838.016 2nd Unlawful compensation or reward for official behavior.
1634 838.021(3)(a) 2nd Unlawful harm to a public servant.
1635 838.22 2nd Bid tampering.
1636 843.0855(2) 3rd Impersonation of a public officer or employee.
1637 843.0855(3) 3rd Unlawful simulation of legal process.
1638 843.0855(4) 3rd Intimidation of a public officer or employee.
1639 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1640 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1641 849.01(4) 2nd Keeping a gambling house; great bodily harm, permanent disability, or permanent disfigurement.
1642 849.157(2) 2nd False or misleading statement to facilitate sale of 5 or more slot machines or devices.
1643 872.06 2nd Abuse of a dead human body.
1644 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1645 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1646 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.
1647 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.
1648 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
1649 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1650 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1651 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1652 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
1653 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
1654 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
1655 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
1656 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
1657 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
1658 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
1659 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
1660 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1661 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1662 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1663 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1664 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
1665 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
1666 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
1667 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1668 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1669 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1670 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1671 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1672 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1673 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1674 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1675 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1676 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1677 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1678 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1679 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1680 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1681 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1682
1683 (h) LEVEL 8
1684
1685 FloridaStatute FelonyDegree Description
1686 316.193 (3)(c)3.a. 2nd DUI manslaughter.
1687 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
1688 327.35 (3)(a)3.c.(I) 2nd Vessel BUI manslaughter.
1689 499.0051(6) 1st Knowing trafficking in contraband prescription drugs.
1690 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.
1691 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.
1692 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.
1693 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
1694 777.03(2)(a) 1st Accessory after the fact, capital felony.
1695 782.04(3) 1st Killing of a human being during the attempt or perpetration of certain felonies.
1696 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.
1697 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
1698 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
1699 782.071(1)(c) 1st Vehicular homicide with a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide.
1700 782.072(2)(b) 1st Committing vessel homicide and failing to render aid or give information.
1701 782.072(3) 1st Vessel homicide with a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide.
1702 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
1703 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
1704 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
1705 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.
1706 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.
1707 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
1708 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.
1709 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.
1710 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.
1711 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.
1712 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
1713 800.04(4)(b) 2nd Lewd or lascivious battery.
1714 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
1715 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
1716 810.02(2)(a) 1st,PBL Burglary with assault or battery.
1717 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
1718 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
1719 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
1720 812.015(11)(b) 1st Retail theft; possession of a firearm during commission of offense.
1721 812.13(2)(b) 1st Robbery with a weapon.
1722 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
1723 817.418(2)(b) 2nd Offering for sale or advertising personal protective equipment with intent to defraud; second or subsequent offense.
1724 817.504(1)(b) 2nd Offering or advertising a vaccine with intent to defraud; second or subsequent offense.
1725 817.505(4)(c) 1st Patient brokering; 20 or more patients.
1726 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
1727 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
1728 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
1729 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.
1730 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
1731 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
1732 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
1733 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
1734 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
1735 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
1736 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
1737 849.155 1st Trafficking in slot machines or devices.
1738 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
1739 860.16 1st Aircraft piracy.
1740 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).
1741 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1742 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1743 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
1744 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
1745 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
1746 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
1747 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
1748 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.
1749 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
1750 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
1751 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.
1752 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
1753 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
1754 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
1755 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
1756 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
1757 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
1758 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
1759 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
1760 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
1761 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
1762 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
1763 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.
1764
1765 Section 34. Paragraph (a) of subsection (1) and paragraph
1766 (a) of subsection (2) of section 772.102, Florida Statutes, are
1767 amended to read:
1768 772.102 Definitions.—As used in this chapter, the term:
1769 (1) “Criminal activity” means to commit, to attempt to
1770 commit, to conspire to commit, or to solicit, coerce, or
1771 intimidate another person to commit:
1772 (a) Any crime that is chargeable by indictment or
1773 information under the following provisions:
1774 1. Section 210.18, relating to evasion of payment of
1775 cigarette taxes.
1776 2. Section 414.39, relating to public assistance fraud.
1777 3. Section 440.105 or s. 440.106, relating to workers’
1778 compensation.
1779 4. Part IV of chapter 501, relating to telemarketing.
1780 5. Chapter 517, relating to securities transactions.
1781 6. Section 550.235 or s. 550.3551, relating to dogracing
1782 and horseracing.
1783 7. Chapter 550, relating to jai alai frontons.
1784 8. Chapter 552, relating to the manufacture, distribution,
1785 and use of explosives.
1786 9. Chapter 562, relating to beverage law enforcement.
1787 10. Section 624.401, relating to transacting insurance
1788 without a certificate of authority, s. 624.437(4)(c)1., relating
1789 to operating an unauthorized multiple-employer welfare
1790 arrangement, or s. 626.902(1)(b), relating to representing or
1791 aiding an unauthorized insurer.
1792 11. Chapter 687, relating to interest and usurious
1793 practices.
1794 12. Section 721.08, s. 721.09, or s. 721.13, relating to
1795 real estate timeshare plans.
1796 13. Chapter 782, relating to homicide.
1797 14. Chapter 784, relating to assault and battery.
1798 15. Chapter 787, relating to kidnapping or human
1799 trafficking.
1800 16. Chapter 790, relating to weapons and firearms.
1801 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
1802 relating to prostitution.
1803 18. Chapter 806, relating to arson.
1804 19. Section 810.02(2)(c), relating to specified burglary of
1805 a dwelling or structure.
1806 20. Chapter 812, relating to theft, robbery, and related
1807 crimes.
1808 21. Chapter 815, relating to computer-related crimes.
1809 22. Chapter 817, relating to fraudulent practices, false
1810 pretenses, fraud generally, and credit card crimes.
1811 23. Section 827.071, relating to commercial sexual
1812 exploitation of children.
1813 24. Chapter 831, relating to forgery and counterfeiting.
1814 25. Chapter 832, relating to issuance of worthless checks
1815 and drafts.
1816 26. Section 836.05, relating to extortion.
1817 27. Chapter 837, relating to perjury.
1818 28. Chapter 838, relating to bribery and misuse of public
1819 office.
1820 29. Chapter 843, relating to obstruction of justice.
1821 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1822 s. 847.07, relating to obscene literature and profanity.
1823 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1824 849.25, relating to gambling.
1825 32. Chapter 893, relating to drug abuse prevention and
1826 control.
1827 33. Section 914.22 or s. 914.23, relating to witnesses,
1828 victims, or informants.
1829 34. Section 918.12, s. 918.125, or s. 918.13, relating to
1830 tampering with or harassing court officials, retaliating against
1831 court officials, and tampering with evidence.
1832 (2) “Unlawful debt” means any money or other thing of value
1833 constituting principal or interest of a debt that is legally
1834 unenforceable in this state in whole or in part because the debt
1835 was incurred or contracted:
1836 (a) In violation of any one of the following provisions of
1837 law:
1838 1. Section 550.235 or s. 550.3551, relating to dogracing
1839 and horseracing.
1840 2. Chapter 550, relating to jai alai frontons.
1841 3. Section 687.071, relating to criminal usury and loan
1842 sharking.
1843 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1844 849.25, relating to gambling.
1845 Section 35. Section 849.17, Florida Statutes, is amended to
1846 read:
1847 849.17 Confiscation of machines by arresting officer.—Upon
1848 the arrest of any person charged with the violation of ss.
1849 849.15-849.22, any of the provisions of ss. 849.15-849.23 the
1850 arresting officer shall take into his or her custody any such
1851 machine, apparatus or device, and its contents, and the
1852 arresting agency, at the place of seizure, shall make a complete
1853 and correct list and inventory of all such things so taken into
1854 his or her custody, and deliver to the person from whom such
1855 article or articles may have been seized, a true copy of the
1856 list of all such articles. The arresting agency shall retain all
1857 evidence seized and shall have the same forthcoming at any
1858 investigation, prosecution, or other proceedings, incident to
1859 charges of violation of ss. 849.15-849.22 any of the provisions
1860 of ss. 849.15-849.23.
1861 Section 36. Section 849.18, Florida Statutes, is amended to
1862 read:
1863 849.18 Disposition of machines upon conviction.—Upon
1864 conviction of the person arrested for the violation of ss.
1865 849.15-849.22 any of the provisions of ss. 849.15-849.23, the
1866 judge of the court trying the case, after such notice to the
1867 person convicted, and any other person whom the judge may be of
1868 the opinion is entitled to such notice, and as the judge may
1869 deem reasonable, shall issue to the sheriff of the county a
1870 written order adjudging and declaring any such machine,
1871 apparatus or device forfeited, and directing such sheriff to
1872 destroy the same, with the exception of the money. The order of
1873 the court must shall state the time and place and the manner in
1874 which such property must shall be destroyed, and the sheriff
1875 shall destroy the same in the presence of the clerk of the
1876 circuit court of such county.
1877 Section 37. Section 849.20, Florida Statutes, is amended to
1878 read:
1879 849.20 Machines and devices declared nuisance; place of
1880 operation subject to lien for fine.—Any room, house, building,
1881 boat, vehicle, structure, or place wherein any machine or
1882 device, or any part thereof, the possession, operation, or use
1883 of which is prohibited by ss. 849.15-849.22 ss. 849.15-849.23,
1884 must shall be maintained or operated, and each of such machines
1885 or devices, is declared to be a common nuisance. If a person has
1886 knowledge, or reason to believe, that his or her room, house,
1887 building, boat, vehicle, structure, or place is occupied or used
1888 in violation of ss. 849.15-849.22 the provisions of ss. 849.15
1889 849.23 and by acquiescence or consent suffers the same to be
1890 used, such room, house, building, boat, vehicle, structure, or
1891 place is shall be subject to a lien for and may be sold to pay
1892 all fines or costs assessed against the person guilty of such
1893 nuisance, for such violation, and the several state attorneys
1894 shall enforce such lien in the courts of this state having
1895 jurisdiction.
1896 Section 38. Section 849.21, Florida Statutes, is amended to
1897 read:
1898 849.21 Injunction to restrain violation.—An action to
1899 enjoin any nuisance as herein defined may be brought by any
1900 person in the courts of equity in this state. If it is made to
1901 appear by affidavit or otherwise, to the satisfaction of the
1902 court, or judge in vacation, that such nuisance exists, a
1903 temporary writ of injunction shall forthwith issue restraining
1904 the defendant from conducting or permitting the continuance of
1905 such nuisance until the conclusion of the action. Upon
1906 application of the complainant in such a proceeding, the court
1907 or judge may also enter an order restraining the defendant and
1908 all other persons from removing, or in any way interfering with
1909 the machines or devices or other things used in connection with
1910 the violation of ss. 849.15-849.22 ss. 849.15-849.23
1911 constituting such a nuisance. A No bond is not shall be required
1912 in instituting such proceedings.
1913 Section 39. Section 849.22, Florida Statutes, is amended to
1914 read:
1915 849.22 Fees of clerk of circuit court and sheriff.—The
1916 clerks of the courts and the sheriffs performing duties under
1917 ss. 849.15-849.22 the provisions of ss. 849.15-849.23 shall
1918 receive the same fees as prescribed by general law for the
1919 performance of similar duties, and such fees must shall be paid
1920 out of the fine and forfeiture fund of the county as costs are
1921 paid upon conviction of an insolvent person.
1922 Section 40. Paragraph (a) of subsection (12) of section
1923 895.02, Florida Statutes, is amended to read:
1924 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
1925 (12) “Unlawful debt” means any money or other thing of
1926 value constituting principal or interest of a debt that is
1927 legally unenforceable in this state in whole or in part because
1928 the debt was incurred or contracted:
1929 (a) In violation of any one of the following provisions of
1930 law:
1931 1. Section 550.235 or s. 550.3551, relating to dogracing
1932 and horseracing.
1933 2. Chapter 550, relating to jai alai frontons.
1934 3. Section 551.109, relating to slot machine gaming.
1935 4. Chapter 687, relating to interest and usury.
1936 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1937 849.25, relating to gambling.
1938 Section 41. This act shall take effect July 1, 2026.