THE BILL ITSELF
SB 1164
Gambling
Florida Senate - 2026 SB 1164 By Senator Yarborough 4-01069A-26 20261164__
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A bill to be entitled
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An act relating to gambling; amending s. 16.71, F.S.;
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deleting obsolete provisions; deleting language
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concerning factors to be considered in appointments to
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the Florida Gaming Control Commission; amending s.
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551.104, F.S.; revising hiring and procurement policy
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and reporting requirements for slot machine gaming
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licensure; amending s. 838.12, F.S.; prohibiting
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betting on athletic contests with knowledge that the
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results are prearranged or predetermined; providing
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criminal penalties; amending s. 843.08, F.S.;
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prohibiting false personation of personnel of the
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Florida Gaming Control Commission; providing criminal
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penalties; amending s. 849.01, F.S.; revising criminal
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penalties for offenses involving keeping a gambling
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house; amending s. 849.02, F.S.; increasing criminal
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penalties for specified offenses by agents or
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employees of a keeper of a gambling house; amending s.
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849.03, F.S.; revising criminal penalties for offenses
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involving renting a house for gambling purposes;
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amending s. 849.08, F.S.; defining the terms “Internet
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gambling” and “Internet sports wagering”; prohibiting
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Internet gambling and Internet sports wagering and
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related offenses; providing criminal penalties;
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providing an exception; amending s. 849.086, F.S.;
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prohibiting specified actions relating to manipulation
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of card games; providing criminal penalties; amending
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s. 849.11, F.S.; prohibiting certain offenses related
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to games of chance using the Internet; providing
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criminal penalties; amending s. 849.13, F.S.;
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providing enhanced criminal penalties for second or
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subsequent violations of certain provisions; amending
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s. 849.14, F.S.; revising criminal penalties for
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betting or wagering on certain activities; amending s.
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849.15, F.S.; defining terms; providing criminal
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penalties for specified offenses relating to the
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manufacture, possession, and sale of slot machines or
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devices; creating s. 849.155, F.S.; prohibiting
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trafficking in slot machines, devices, or parts
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thereof; providing criminal penalties; providing for
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the deposit of fines into a specified trust fund for
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specified purposes; creating s. 849.157, F.S.;
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prohibiting the making of a false or misleading
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statement regarding the legality of slot machines or
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devices for specified purposes; providing criminal
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penalties; repealing s. 849.23, F.S., relating to
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penalties for violations of specified sections;
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creating s. 849.47, F.S.; defining the term “illegal
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gambling”; prohibiting the transportation of a
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specified number of people, for the purpose of
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facilitating illegal gambling; providing criminal
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penalties; creating s. 849.48, F.S.; defining the term
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“illegal gambling”; prohibiting specified gambling or
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gaming advertisements; providing criminal penalties;
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creating s. 849.49, F.S.; prohibiting counties,
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municipalities, and other political subdivisions from
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enacting or enforcing any ordinance or rule regarding
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the regulation of gaming, gambling, lotteries, or any
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activities described in specified provisions;
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providing exceptions; amending s. 903.046, F.S.;
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providing for consideration of the amount of currency
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seized connected to or involved in specified gambling
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or gaming offenses when determining whether to release
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a defendant prior to trial; amending s. 921.0022,
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F.S.; ranking offenses for purposes of the offense
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severity ranking chart of the Criminal Punishment
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Code; amending ss. 772.102 and 895.02, F.S.;
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conforming provisions to changes made by the act;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (a) of subsection (2) of section
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16.71, Florida Statutes, is amended to read:
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16.71 Florida Gaming Control Commission; creation;
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meetings; membership.—
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(2) MEMBERSHIP.—
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(a) The commission shall consist of five members appointed
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by the Governor, and subject to confirmation by the Senate, for
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terms of 4 years. Members of the commission must be appointed by
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January 1, 2022. The Governor shall consider appointees who
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reflect Florida’s racial, ethnic, and gender diversity. Of the
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initial five members appointed by the Governor, and immediately
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upon appointment, the Governor shall appoint one of the members
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as the initial chair and one of the members as the initial vice
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chair. At the end of the initial chair’s and vice chair’s terms
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Pursuant to subparagraph 1., the commission shall elect one of
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the members of the commission as chair and one of the members of
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the commission as vice chair.
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1. For the purpose of providing staggered terms, of the
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initial appointments, two members shall be appointed to 4-year
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terms, two members shall be appointed to 3-year terms, and one
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member shall be appointed to a 2-year term.
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2. Of the five members, at least one member must have at
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least 10 years of experience in law enforcement and criminal
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investigations, at least one member must be a certified public
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accountant licensed in this state with at least 10 years of
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experience in accounting and auditing, and at least one member
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must be an attorney admitted and authorized to practice law in
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this state for at least the preceding 10 years.
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Section 2. Paragraph (i) of subsection (4) of section
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551.104, Florida Statutes, is amended to read:
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551.104 License to conduct slot machine gaming.—
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(4) As a condition of licensure and to maintain continued
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authority for the conduct of slot machine gaming, the slot
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machine licensee shall:
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(i) Create and file with the commission a written policy
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for:
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1. Creating opportunities to purchase from vendors in this
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state , including minority vendors .
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2. Creating opportunities for employment of residents of
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this state , including minority residents .
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3. Ensuring opportunities for construction services from a
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small business as defined in s. 288.703 minority contractors .
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4. Ensuring that opportunities for employment are offered
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on an equal, nondiscriminatory basis.
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5. Training for employees on responsible gaming and working
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with a compulsive or addictive gambling prevention program to
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further its purposes as provided for in s. 551.118.
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6. The implementation of a drug-testing program that
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includes, but is not limited to, requiring each employee to sign
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an agreement that he or she understands that the slot machine
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facility is a drug-free workplace.
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The slot machine licensee shall use the Internet-based job
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listing system of the Department of Commerce in advertising
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employment opportunities. Each slot machine licensee shall
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provide an annual report to the Florida Gaming Control
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Commission containing information indicating compliance with
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this paragraph in regard to minority persons.
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Section 3. Section 838.12, Florida Statutes, is amended to
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read:
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838.12 Bribery in athletic contests.—
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(1) Whoever gives, promises, offers or conspires to give,
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promise or offer, to anyone who participates or expects to
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participate in any professional or amateur game, contest, match,
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race or sport; or to any umpire, referee, judge or other
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official of such game, contest, match, race or sport; or to any
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owner, manager, coach or trainer of, or to any relative of, or
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to any person having any direct, indirect, remote or possible
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connection with, any team, individual, participant or
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prospective participant in any such professional or amateur
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game, contest, match, race or sport, or the officials aforesaid,
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any bribe, money, goods, present, reward or any valuable thing
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whatsoever, or any promise, contract or agreement whatsoever,
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with intent to influence him or her or them to lose or cause to
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be lost any game, contest, match, race or sport, or to limit his
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or her or their or any person’s or any team’s margin of victory
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in any game, contest, match, race, or sport, or to fix or throw
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any game, contest, match, race or sport, commits shall be guilty
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of a felony of the third degree, punishable as provided in s.
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775.082, s. 775.083, or s. 775.084.
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(2) Any participant or prospective participant in any
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professional or amateur game, contest, match, race or sport; or
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any umpire, referee, judge or other official of such game,
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contest, match, race or sport; or any owner, manager, coach or
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trainer of, or any relative of, or any person having any direct,
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indirect, remote or possible connection with, any team,
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individual, participant or prospective participant in any such
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professional or amateur game, contest, match, race or sport, or
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the officials aforesaid; who in any way solicits, receives or
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accepts, or agrees to receive or accept, or who conspires to
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receive or accept, any bribe, money, goods, present, reward or
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any valuable thing whatsoever, or any promise, contract or
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agreement whatsoever, with intent to lose or cause to be lost
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any game, contest, match, race or sport, or to limit his, her,
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their or any person’s or any team’s margin of victory in any
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game, contest, match, race or sport, or to fix or throw any
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game, contest, match, race or sport, commits shall be guilty of
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a felony of the third degree, punishable as provided in s.
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775.082, s. 775.083, or s. 775.084.
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(3) A person who stakes, bets, or wagers any money or other
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thing of value upon the result of any professional or amateur
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game, contest, match, race, or sport with knowledge that the
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results of such professional or amateur game, contest, match,
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race, or sport are prearranged or predetermined as described in
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subsection (1) or subsection (2) commits a felony of the third
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degree, punishable as provided in s. 775.082, s. 775.083, or s.
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775.084.
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Section 4. Section 843.08, Florida Statutes, is amended to
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read:
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843.08 False personation.—A person who falsely assumes or
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pretends to be a firefighter, a sheriff, an officer of the
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Florida Highway Patrol, an officer of the Fish and Wildlife
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Conservation Commission, an officer of the Department of
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Environmental Protection, an officer of the Department of
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Financial Services, any personnel or representative of the
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Division of Criminal Investigations, any personnel or
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representative of the Florida Gaming Control Commission, an
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officer of the Department of Corrections, a correctional
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probation officer, a deputy sheriff, a state attorney or an
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assistant state attorney, a statewide prosecutor or an assistant
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statewide prosecutor, a state attorney investigator, a coroner,
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a police officer, a lottery special agent or lottery
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investigator, a beverage enforcement agent, a school guardian as
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described in s. 30.15(1)(k), a security officer licensed under
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chapter 493, any member of the Florida Commission on Offender
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Review or any administrative aide or supervisor employed by the
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commission, any personnel or representative of the Department of
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Law Enforcement, or a federal law enforcement officer as defined
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in s. 901.1505, and takes upon himself or herself to act as
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such, or to require any other person to aid or assist him or her
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in a matter pertaining to the duty of any such officer, commits
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a felony of the third degree, punishable as provided in s.
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775.082, s. 775.083, or s. 775.084. However, a person who
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falsely personates any such officer during the course of the
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commission of a felony commits a felony of the second degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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If the commission of the felony results in the death or personal
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injury of another human being, the person commits a felony of
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the first degree, punishable as provided in s. 775.082, s.
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775.083, or s. 775.084. In determining whether a defendant has
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violated this section, the court or jury may consider any
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relevant evidence, including, but not limited to, whether the
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defendant used lights in violation of s. 316.2397 or s. 843.081.
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Section 5. Section 849.01, Florida Statutes, is amended to
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read:
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849.01 Keeping gambling houses, etc.—Whoever by herself or
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himself, her or his servant, clerk or agent, or in any other
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manner has, keeps, exercises or maintains a gaming table or
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room, or gaming implements or apparatus, or house, booth, tent,
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shelter or other place for the purpose of gaming or gambling or
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in any place of which she or he may directly or indirectly have
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charge, control or management, either exclusively or with
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others, procures, suffers or permits any person to play for
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money or other valuable thing at any game whatever, whether
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heretofore prohibited or not, commits a felony misdemeanor of
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the third second degree, punishable as provided in s. 775.082 ,
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or s. 775.083 , or s. 775.084 .
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Section 6. Section 849.02, Florida Statutes, is amended to
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read:
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849.02 Agents or employees of keeper of gambling house.— A
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person who Whoever acts as servant, clerk, agent, or employee of
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any person in the violation of s. 849.01 commits:
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(1) For a first offense, a misdemeanor of the first degree,
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punishable as provided in s. 775.082 or s. 775.083.
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(2) For a second offense, a felony of the third degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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(3) For a third or subsequent offense, a felony of the
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second degree, punishable as provided in s. 775.082, s. 775.083,
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or s. 775.084 shall be punished in the manner and to the extent
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therein mentioned .
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Section 7. Section 849.03, Florida Statutes, is amended to
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read:
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849.03 Renting house for gambling purposes.— A person who
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Whoever , whether as owner or agent, knowingly rents to another a
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house, room, booth, tent, shelter or place for the purpose of
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gaming commits:
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(1) For a first offense, a felony of the third degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084
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shall be punished in the manner and to the extent mentioned in
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s. 849.01 .
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(2) For a second or subsequent offense, a felony of the
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second degree, punishable as provided in s. 775.082, s. 775.083,
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or s. 775.084.
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Section 8. Section 849.08, Florida Statutes, is amended to
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read:
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849.08 Gambling.—
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(1) As used in this section, the term:
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(a) “Internet gambling” means to play or engage in any game
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in which money or other thing of value is awarded based on
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chance, regardless of any application of skill, and which is
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available on the Internet and accessible on a mobile device,
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computer terminal, or other similar access device and simulates
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casino-style gaming, including, but not limited to, slot
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machines, video poker, and table games.
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(b) “Internet sports wagering” means to stake, bet, or
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wager any money or other thing of value upon the result of any
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trial or contest of skill, speed, power, or endurance of human
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or beast, which is available on the Internet and accessible on a
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mobile device, computer terminal, or other similar access
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device.
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(2) A person who Whoever plays or engages in Internet
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gambling or any game at cards, keno, roulette, faro , or other
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game of chance, at any place, by any device whatever, for money
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or other thing of value, commits shall be guilty of a
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misdemeanor of the second degree, punishable as provided in s.
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775.082 or s. 775.083.
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(3) A person who plays or engages in Internet sports
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wagering commits:
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(a) For a first violation, a misdemeanor of the second
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degree, punishable as provided in s. 775.082 or s. 775.083.
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(b) For a second or subsequent violation, a misdemeanor of
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the first degree, punishable as provided in s. 775.082 or s.
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775.083.
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(4) A person who operates, conducts, or promotes Internet
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gambling or Internet sports wagering, or receives in any manner
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whatsoever any money or other thing of value offered for the
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purpose of Internet gambling or Internet sports wagering, or who
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knowingly becomes the custodian or depositary of any money or
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other thing of value so offered, or who aids, assists, abets, or
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influences in any manner in any of such acts, all of which are
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hereby forbidden, commits a felony of the third degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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(5) This section does not apply to participation in, or the
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conduct of, any gaming activities authorized under s.
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285.710(13) and conducted pursuant to a gaming compact ratified
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and approved under s. 285.710(3).
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Section 9. Paragraph (e) is added to subsection (12) of
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section 849.086, Florida Statutes, to read:
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849.086 Cardrooms authorized.—
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(12) PROHIBITED ACTIVITIES.—
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(e)1. No person may manipulate or attempt to manipulate the
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playing cards, outcome, or payoff of a card game in a licensed
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cardroom by physical tampering or by use of any object,
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instrument, or device, whether mechanical, electrical, magnetic,
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or involving other means.
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2. A person who violates subparagraph 1. commits a felony
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of the third degree, punishable as provided in s. 775.082, s.
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775.083, or s. 775.084.
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Section 10. Section 849.11, Florida Statutes, is amended to
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read:
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849.11 Plays at games of chance by lot.—
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(1) A person who Whoever sets up, promotes or plays in
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person or uses the Internet at any game of chance by lot or with
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dice, cards, numbers, hazards or any other gambling device
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whatever for, or for the disposal of money or other thing of
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value or under the pretext of a sale, gift or delivery thereof,
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or for any right, share or interest therein, commits shall be
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guilty of a misdemeanor of the second degree, punishable as
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provided in s. 775.082 or s. 775.083.
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(2) A person who sets up, operates, conducts, promotes, or
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receives in any manner whatsoever anything of value being
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offered for the purpose of conduct prohibited in subsection (1),
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or whoever knowingly becomes the custodian or depositary of any
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money or other thing of value so offered, or whoever aids,
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assists, abets, or influences in any manner in any of such acts,
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commits a felony of the third degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084.
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Section 11. Section 849.13, Florida Statutes, is amended to
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read:
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849.13 Punishment on Second or subsequent conviction.— A
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person who commits a second or subsequent violation of the same
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Whoever, after being convicted of an offense forbidden by law in
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connection with lotteries for which there is no penalty
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specified for a second or subsequent violation shall have the
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offense reclassified to an offense of the next higher , commits
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the like offense, shall be guilty of a misdemeanor of the first
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degree, punishable as provided in s. 775.082 , or s. 775.083 , or
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s. 775.084. For purposes of sentencing under chapter 921, a
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felony offense that is reclassified under this section is ranked
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one level above the ranking under s. 921.0022 or s. 921.0023 of
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the felony offense committed .
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Section 12. Section 849.14, Florida Statutes, is amended to
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read:
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849.14 Unlawful to bet on result of trial or contest of
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skill, etc.— A person who Whoever stakes, bets, or wagers any
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money or other thing of value upon the result of any trial or
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contest of skill, speed or power or endurance of human or beast,
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or whoever receives in any manner whatsoever any money or other
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thing of value staked, bet, or wagered, or offered for the
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purpose of being staked, bet, or wagered, by or for any other
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person upon any such result, or whoever knowingly becomes the
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custodian or depositary of any money or other thing of value so
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staked, bet, or wagered upon any such result, or whoever aids,
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or assists, or abets, or influences in any manner in any of such
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acts all of which are hereby forbidden, commits a felony of the
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third degree, punishable as provided in s. 775.082 , or s.
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775.083 , or s. 775.084 .
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Section 13. Section 849.15, Florida Statutes, is amended to
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read:
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849.15 Manufacture, sale, possession, etc., of slot
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machines or devices prohibited.—
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(1) As used in this section, the term:
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(a) “Conviction” means a determination of guilt that is the
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result of a plea or a trial, regardless of whether adjudication
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is withheld or a plea of nolo contendere is entered.
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(b) “Person of authority” means a person who, at any
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business, establishment, premises, or other location at which a
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slot machine or device is offered for play, has:
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1. Actual authority to act on behalf of the business,
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establishment, premises, or other location where a slot machine
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or device is offered for play; or
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2. Any ownership interest in the business, establishment,
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premises, or other location. The term “ownership interest”
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includes being an officer, director, or managing member of the
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business, establishment, premises, or other location.
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(2) (1) It is unlawful:
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(a) To manufacture, own, store, keep, possess, sell, rent,
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lease, let on shares, lend or give away, transport, or expose
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for sale or lease, or to offer to sell, rent, lease, let on
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shares, lend or give away, or permit the operation of, or for
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any person to permit to be placed, maintained, or used or kept
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in any room, space, or building owned, leased or occupied by the
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person or under the person’s management or control, any slot
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machine or device or any part thereof; or
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(b) To make or to permit to be made with any person any
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agreement with reference to any slot machine or device, pursuant
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to which the user thereof, as a result of any element of chance
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or other outcome unpredictable to him or her, may become
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entitled to receive any money, credit, allowance, or thing of
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value or additional chance or right to use such machine or
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device, or to receive any check, slug, token or memorandum
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entitling the holder to receive any money, credit, allowance or
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thing of value.
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(3)(a) Except as provided in paragraphs (b) and (c), a
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person who violates subsection (2) commits a misdemeanor of the
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first degree, punishable as provided in s. 775.082 or s.
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775.083.
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(b) A person commits a felony of the third degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
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if he or she violates subsection (2), and:
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1. At the time of the violation, the person was a person of
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authority; or
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2. The person has one prior conviction for a violation of
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this section.
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(c) A person commits a felony of the second degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
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if he or she violates subsection (2), and:
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1.a. At the time of the violation, the person was a person
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of authority; and
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b. The violation involves five or more slot machines or
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devices; or
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2. The person has two or more prior convictions for a
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violation of this section.
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(4) (2) Pursuant to section 2 of that chapter of the
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Congress of the United States entitled “An act to prohibit
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transportation of gaming devices in interstate and foreign
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commerce,” approved January 2, 1951, being ch. 1194, 64 Stat.
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1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
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of Florida, acting by and through the duly elected and qualified
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members of its Legislature, does hereby in this section, and in
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accordance with and in compliance with the provisions of section
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2 of such chapter of Congress, declare and proclaim that any
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county of the State of Florida within which slot machine gaming
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is authorized pursuant to chapter 551 is exempt from the
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provisions of section 2 of that chapter of the Congress of the
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United States entitled “An act to prohibit transportation of
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gaming devices in interstate and foreign commerce,” designated
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as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
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shipments of gaming devices, including slot machines, into any
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county of this state within which slot machine gaming is
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authorized pursuant to chapter 551 and the registering,
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recording, and labeling of which have been duly performed by the
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manufacturer or distributor thereof in accordance with sections
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3 and 4 of that chapter of the Congress of the United States
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entitled “An act to prohibit transportation of gaming devices in
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interstate and foreign commerce,” approved January 2, 1951,
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being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
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ss. 1171-1177, shall be deemed legal shipments thereof into this
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state provided the destination of such shipments is an eligible
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facility as defined in s. 551.102 or the facility of a slot
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machine manufacturer or slot machine distributor as provided in
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s. 551.109(2)(a).
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Section 14. Section 849.155, Florida Statutes, is created
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to read:
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849.155 Trafficking in slot machines, devices, or parts.—
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(1) Any person who knowingly sells, purchases,
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manufactures, transports, delivers, or brings into this state
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more than 15 slot machines or devices or any parts thereof
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commits a felony of the first degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084. If the quantity of slot
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machines or devices or any parts thereof involved is:
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(a) More than 15 slot machines or devices or any parts
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thereof, but less than 25 slot machines or devices or any parts
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thereof, such person must be fined $100,000.
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(b) Twenty-five slot machines or devices or any parts
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thereof or more, but less than 50 slot machines or devices or
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any parts thereof, such person must be fined $250,000.
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(c) Fifty slot machines or devices or any parts thereof or
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more, such person must be fined $500,000.
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(2) Notwithstanding any other law, all fines imposed and
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collected pursuant to subsection (1) must be deposited into the
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Pari-mutuel Wagering Trust Fund and may be used for the
465
enforcement of chapters 546, 550, 551, and this chapter by the
466
Florida Gaming Control Commission.
467
Section 15. Section 849.157, Florida Statutes, is created
468
to read:
469
849.157 Making a false or misleading statement regarding
470
the legality of slot machines or devices to facilitate sale.—
471
(1) Except as provided in subsection (2), a person who
472
knowingly and willfully makes a materially false or misleading
473
statement or who knowingly and willfully disseminates false or
474
misleading information regarding the legality of a slot machine
475
or device for the purpose of facilitating the sale or delivery
476
of a slot machine or device for any money or other valuable
477
consideration commits a felony of the third degree, punishable
478
as provided in s. 775.082, s. 775.083, or s. 775.084.
479
(2) A person who violates subsection (1) when such a
480
violation involves the sale or delivery, or attempted sale or
481
delivery, of five or more slot machines or devices commits a
482
felony of the second degree, punishable as provided in s.
483
775.082, s. 775.083, or s. 775.084.
484
Section 16. Section 849.23, Florida Statutes, is repealed.
485
Section 17. Section 849.47, Florida Statutes, is created to
486
read:
487
849.47 Transporting or procuring the transportation of
488
persons to facilitate illegal gambling.—
489
(1) As used in this section, the term “illegal gambling”
490
means any criminal violation of chapter 546, chapter 550,
491
chapter 551, or this chapter which occurs at any business,
492
establishment, premises, or other location.
493
(2) Except as provided in subsection (3), a person who
494
knowingly and willfully transports, or procures the
495
transportation of, five or more other persons into or within
496
this state when he or she knows or reasonably should know that
497
such transportation is for the purpose of facilitating illegal
498
gambling commits a misdemeanor of the first degree, punishable
499
as provided in s. 775.082 or s. 775.083.
500
(3)(a) A person who transports, or procures the
501
transportation of, a minor or a person 65 years of age or older
502
commits a felony of the third degree, punishable as provided in
503
s. 775.082, s. 775.083, or s. 775.084.
504
(b) A person who transports, or procures the transportation
505
of, 12 or more persons in violation of subsection (2) commits a
506
felony of the third degree, punishable as provided in s.
507
775.082, s. 775.083, or s. 775.084.
508
Section 18. Section 849.48, Florida Statutes, is created to
509
read:
510
849.48 Gambling or gaming advertisements; prohibited.—
511
(1) As used in this section, the term “illegal gambling”
512
means any criminal violation of chapter 546, chapter 550,
513
chapter 551, or this chapter which occurs at any business,
514
establishment, premises, or other location.
515
(2)(a) Except as otherwise specifically authorized by law,
516
a person may not knowingly and intentionally make, publish,
517
disseminate, circulate, or place before the public, or cause,
518
directly or indirectly, to be made, published, disseminated,
519
circulated, or placed before the public in this state, in any
520
manner, whether in person or by the use, at least in part, of
521
the Internet, any advertisement, circular, bill, poster,
522
pamphlet, list, schedule, announcement, or notice for the
523
purpose of promoting or facilitating illegal gambling.
524
(b) Except as otherwise specifically authorized by law, a
525
person may not set up any type or plate for any type of
526
advertisement, circular, bill, poster, pamphlet, list, schedule,
527
announcement, or notice when he or she knows or reasonably
528
should know that such material will be used for the purpose of
529
promoting or facilitating illegal gambling.
530
(c) A person who violates this subsection commits:
531
1. For a first offense, a misdemeanor of the first degree,
532
punishable as provided in s. 775.082 or s. 775.083.
533
2. For a second or subsequent offense, a felony of the
534
third degree, punishable as provided in s. 775.082, s. 775.083,
535
or s. 775.084.
536
Section 19. Section 849.49, Florida Statutes, is created to
537
read:
538
849.49 Preemption.—A county, municipality, or other
539
political subdivision of the state may not enact or enforce any
540
ordinance or local rule relating to gaming, gambling, lotteries,
541
or any activities described in s. 546.10 or this chapter, except
542
as otherwise expressly provided by the State Constitution,
543
general law, or special law.
544
Section 20. Present paragraphs (i) through (m) of
545
subsection (2) of section 903.046, Florida Statutes, are
546
redesignated as paragraphs (j) through (n), respectively, and a
547
new paragraph (i) is added to that subsection, to read:
548
903.046 Purpose of and criteria for bail determination.—
549
(2) When determining whether to release a defendant on bail
550
or other conditions, and what that bail or those conditions may
551
be, the court shall consider:
552
(i) The amount of currency seized which is connected to or
553
involved in a violation of chapter 546, chapter 550, chapter
554
551, or chapter 849.
555
Section 21. Paragraphs (a), (c), (e), and (g) of subsection
556
(3) of section 921.0022, Florida Statutes, are amended to read:
557
921.0022 Criminal Punishment Code; offense severity ranking
558
chart.—
559
(3) OFFENSE SEVERITY RANKING CHART
560
(a) LEVEL 1
563
FloridaStatute FelonyDegree Description
564
24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
565
104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
566
212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
567
212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
568
316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
569
319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
570
319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
571
320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
572
322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
573
322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
574
322.212(5)(a) 3rd False application for driver license or identification card.
575
414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
576
443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
577
509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
578
517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
579
713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
580
812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
581
815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
582
817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
583
817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
584
826.01 3rd Bigamy.
585
828.122(3) 3rd Fighting or baiting animals.
586
831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
587
831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
588
832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
589
832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
590
838.15(2) 3rd Commercial bribe receiving.
591
838.16 3rd Commercial bribery.
592
843.18 3rd Fleeing by boat to elude a law enforcement officer.
593
847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
594
849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
595
849.23 3rd Gambling-related machines; “common offender” as to property rights.
596
849.25(2) 3rd Engaging in bookmaking.
597
860.08 3rd Interfere with a railroad signal.
598
860.13(1)(a) 3rd Operate aircraft while under the influence.
599
893.13(2)(a)2. 3rd Purchase of cannabis.
600
893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
601
934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
602
(c) LEVEL 3
605
FloridaStatute FelonyDegree Description
606
119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
607
316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
608
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
609
316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
610
319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
611
319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
612
319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
613
319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
614
327.35(2)(b) 3rd Felony BUI.
615
328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
616
328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
617
376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
618
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.
619
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.
620
379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
621
400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
622
400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
623
440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
624
501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
625
624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
626
624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
627
626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
628
697.08 3rd Equity skimming.
629
790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
630
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.
631
800.045(3) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes a lewd or lascivious image.
632
806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
633
806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
634
810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
635
810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older.
636
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
637
812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
638
812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
639
812.081(2) 3rd Theft of a trade secret.
640
815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
641
817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
642
817.233 3rd Burning to defraud insurer.
643
817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
644
817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
645
817.236 3rd Filing a false motor vehicle insurance application.
646
817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
647
817.413(2) 3rd Sale of used goods of $1,000 or more as new.
648
817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
649
831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
650
831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
651
836.13(2) 3rd Generating an altered sexual depiction of an identifiable person without consent.
652
836.13(4) 3rd Promoting, or possessing with intent to promote, an altered sexual depiction of an identifiable person without consent.
653
838.021(3)(b) 3rd Threatens unlawful harm to public servant.
654
838.12(3) 3rd Betting on a predetermined or prearranged professional or amateur game, contest, match, race, or sport.
655
847.01385 3rd Harmful communication to a minor.
656
849.01 3rd Keeping a gambling house.
657
849.02(2) 3rd Agents working as employees of keeper of gambling house; 2nd offense.
658
849.03(1) 3rd Renting house for gambling purposes.
659
849.08(4) 3rd Operating, conducting, promoting, aiding, assisting, abetting, or influencing Internet gambling and Internet sports wagering.
660
849.11(2) 3rd Offenses relating to games of chance.
661
849.14 3rd Betting on result of trial or contest of skill, etc.
662
849.15(3)(b) 3rd Manufacture, sale, or possession of slot machine; by person of authority or with prior conviction.
663
849.157(1) 3rd Making false or misleading statements to facilitate sale of slot machines or devices.
664
849.25(2) 3rd Engaging in bookmaking.
665
849.47(3)(a) & (b) 3rd Transporting persons to facilitate illegal gambling; minor, person 65 years of age or older, or 12 or more persons.
666
849.48(2)(c) 3rd Illegal gambling advertising.
667
860.15(3) 3rd Overcharging for repairs and parts.
668
870.01(2) 3rd Riot.
669
870.01(4) 3rd Inciting a riot.
670
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).
671
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.
672
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.
673
893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
674
893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
675
893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
676
893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
677
893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
678
893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
679
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.
680
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.
681
893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
682
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.
683
918.13(1) 3rd Tampering with or fabricating physical evidence.
684
944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
685
944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
686
985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
687
(e) LEVEL 5
690
FloridaStatute FelonyDegree Description
691
316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
692
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.
693
316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
694
322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
695
327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene.
696
365.172 (14)(b)2. 2nd Misuse of emergency communications system resulting in death.
697
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.
698
379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
699
379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
700
381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
701
440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
702
440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
703
440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
704
624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
705
626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
706
790.01(3) 3rd Unlawful carrying of a concealed firearm.
707
790.162 2nd Threat to throw or discharge destructive device.
708
790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
709
790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
710
790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
711
796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
712
800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
713
800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
714
806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
715
810.145(4) 3rd Commercial digital voyeurism dissemination.
716
810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
717
810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
718
812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
719
812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
720
812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
721
812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
722
812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
723
812.019(1) 2nd Stolen property; dealing in or trafficking in.
724
812.081(3) 2nd Trafficking in trade secrets.
725
812.131(2)(b) 3rd Robbery by sudden snatching.
726
812.16(2) 3rd Owning, operating, or conducting a chop shop.
727
817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
728
817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
729
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.
730
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.
731
817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
732
817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
733
825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
734
828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
735
836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
736
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.
737
843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
738
847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
739
847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
740
847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
741
849.02(3) 2nd Agents working as employees of keeper of gambling house; 3rd or subsequent offense.
742
849.03(2) 2nd Renting house for gambling purposes; 2nd offense.
743
849.15(3)(c) 2nd Manufacture, sale, or possession of a slot machine; by a person of authority of five or more machines or two or more prior convictions.
744
849.157(2) 2nd Making false or misleading statements to facilitate sale of slot machines or devices; five or more machines.
745
849.25(3) 2nd Bookmaking; second or subsequent offense.
746
874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
747
874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
748
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).
749
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.
750
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.
751
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.
752
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.
753
893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
754
893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
755
(g) LEVEL 7
758
FloridaStatute FelonyDegree Description
759
316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
760
316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
761
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.
762
327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious bodily injury.
763
402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
764
409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
765
409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
766
456.065(2) 3rd Practicing a health care profession without a license.
767
456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
768
458.327(1) 3rd Practicing medicine without a license.
769
459.013(1) 3rd Practicing osteopathic medicine without a license.
770
460.411(1) 3rd Practicing chiropractic medicine without a license.
771
461.012(1) 3rd Practicing podiatric medicine without a license.
772
462.17 3rd Practicing naturopathy without a license.
773
463.015(1) 3rd Practicing optometry without a license.
774
464.016(1) 3rd Practicing nursing without a license.
775
465.015(2) 3rd Practicing pharmacy without a license.
776
466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
777
467.201 3rd Practicing midwifery without a license.
778
468.366 3rd Delivering respiratory care services without a license.
779
483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
780
483.901(7) 3rd Practicing medical physics without a license.
781
484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
782
484.053 3rd Dispensing hearing aids without a license.
783
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.
784
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.
785
560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
786
655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
787
775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
788
775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
789
775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
790
782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
791
782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
792
782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
793
782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
794
784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
795
784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
796
784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
797
784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
798
784.048(7) 3rd Aggravated stalking; violation of court order.
799
784.07(2)(d) 1st Aggravated battery on law enforcement officer.
800
784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
801
784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
802
784.081(1) 1st Aggravated battery on specified official or employee.
803
784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
804
784.083(1) 1st Aggravated battery on code inspector.
805
787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense.
806
787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction.
807
787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
808
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.
809
790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
810
790.16(1) 1st Discharge of a machine gun under specified circumstances.
811
790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
812
790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
813
790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
814
790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
815
790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
816
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.
817
796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
818
796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
819
800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
820
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.
821
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.
822
806.01(2) 2nd Maliciously damage structure by fire or explosive.
823
810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
824
810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
825
810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
826
810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
827
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.
828
812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
829
812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
830
812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
831
812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
832
812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
833
812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
834
812.131(2)(a) 2nd Robbery by sudden snatching.
835
812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
836
817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
837
817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
838
817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
839
817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
840
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.
841
817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
842
817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
843
817.535(2)(a) 3rd Filing false lien or other unauthorized document.
844
817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
845
825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
846
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.
847
827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
848
827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
849
827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
850
827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
851
837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
852
838.015 2nd Bribery.
853
838.016 2nd Unlawful compensation or reward for official behavior.
854
838.021(3)(a) 2nd Unlawful harm to a public servant.
855
838.22 2nd Bid tampering.
856
843.0855(2) 3rd Impersonation of a public officer or employee.
857
843.0855(3) 3rd Unlawful simulation of legal process.
858
843.0855(4) 3rd Intimidation of a public officer or employee.
859
847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
860
847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
861
849.155 1st Trafficking in slot machines or devices or any parts thereof.
862
872.06 2nd Abuse of a dead human body.
863
874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
864
874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
865
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.
866
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.
867
893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
868
893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
869
893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
870
893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
871
893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
872
893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
873
893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
874
893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
875
893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
876
893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
877
893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
878
893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
879
893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
880
893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
881
893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
882
893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
883
893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
884
893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
885
893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
886
893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
887
896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
888
896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
889
943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
890
943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
891
943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
892
943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
893
943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
894
944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
895
944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
896
944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
897
944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
898
985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
899
985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
900
985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
901
Section 22. Paragraph (a) of subsection (1) and paragraph
902
(a) of subsection (2) of section 772.102, Florida Statutes, are
903
amended to read:
904
772.102 Definitions.—As used in this chapter, the term:
905
(1) “Criminal activity” means to commit, to attempt to
906
commit, to conspire to commit, or to solicit, coerce, or
907
intimidate another person to commit:
908
(a) Any crime that is chargeable by indictment or
909
information under the following provisions:
910
1. Section 210.18, relating to evasion of payment of
911
cigarette taxes.
912
2. Section 414.39, relating to public assistance fraud.
913
3. Section 440.105 or s. 440.106, relating to workers’
914
compensation.
915
4. Part IV of chapter 501, relating to telemarketing.
916
5. Chapter 517, relating to securities transactions.
917
6. Section 550.235 or s. 550.3551, relating to dogracing
918
and horseracing.
919
7. Chapter 550, relating to jai alai frontons.
920
8. Chapter 552, relating to the manufacture, distribution,
921
and use of explosives.
922
9. Chapter 562, relating to beverage law enforcement.
923
10. Section 624.401, relating to transacting insurance
924
without a certificate of authority, s. 624.437(4)(c)1., relating
925
to operating an unauthorized multiple-employer welfare
926
arrangement, or s. 626.902(1)(b), relating to representing or
927
aiding an unauthorized insurer.
928
11. Chapter 687, relating to interest and usurious
929
practices.
930
12. Section 721.08, s. 721.09, or s. 721.13, relating to
931
real estate timeshare plans.
932
13. Chapter 782, relating to homicide.
933
14. Chapter 784, relating to assault and battery.
934
15. Chapter 787, relating to kidnapping or human
935
trafficking.
936
16. Chapter 790, relating to weapons and firearms.
937
17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
938
relating to prostitution.
939
18. Chapter 806, relating to arson.
940
19. Section 810.02(2)(c), relating to specified burglary of
941
a dwelling or structure.
942
20. Chapter 812, relating to theft, robbery, and related
943
crimes.
944
21. Chapter 815, relating to computer-related crimes.
945
22. Chapter 817, relating to fraudulent practices, false
946
pretenses, fraud generally, and credit card crimes.
947
23. Section 827.071, relating to commercial sexual
948
exploitation of children.
949
24. Chapter 831, relating to forgery and counterfeiting.
950
25. Chapter 832, relating to issuance of worthless checks
951
and drafts.
952
26. Section 836.05, relating to extortion.
953
27. Chapter 837, relating to perjury.
954
28. Chapter 838, relating to bribery and misuse of public
955
office.
956
29. Chapter 843, relating to obstruction of justice.
957
30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
958
s. 847.07, relating to obscene literature and profanity.
959
31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
960
849.25, relating to gambling.
961
32. Chapter 893, relating to drug abuse prevention and
962
control.
963
33. Section 914.22 or s. 914.23, relating to witnesses,
964
victims, or informants.
965
34. Section 918.12, s. 918.125, or s. 918.13, relating to
966
tampering with or harassing court officials, retaliating against
967
court officials, and tampering with evidence.
968
(2) “Unlawful debt” means any money or other thing of value
969
constituting principal or interest of a debt that is legally
970
unenforceable in this state in whole or in part because the debt
971
was incurred or contracted:
972
(a) In violation of any one of the following provisions of
973
law:
974
1. Section 550.235 or s. 550.3551, relating to dogracing
975
and horseracing.
976
2. Chapter 550, relating to jai alai frontons.
977
3. Section 687.071, relating to criminal usury and loan
978
sharking.
979
4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
980
849.25, relating to gambling.
981
Section 23. Paragraph (a) of subsection (12) of section
982
895.02, Florida Statutes, is amended to read:
983
895.02 Definitions.—As used in ss. 895.01-895.08, the term:
984
(12) “Unlawful debt” means any money or other thing of
985
value constituting principal or interest of a debt that is
986
legally unenforceable in this state in whole or in part because
987
the debt was incurred or contracted:
988
(a) In violation of any one of the following provisions of
989
law:
990
1. Section 550.235 or s. 550.3551, relating to dogracing
991
and horseracing.
992
2. Chapter 550, relating to jai alai frontons.
993
3. Section 551.109, relating to slot machine gaming.
994
4. Chapter 687, relating to interest and usury.
995
5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
996
849.25, relating to gambling.
997
Section 24. This act shall take effect October 1, 2026.