CS/CS/SB 1580 full text · Session Watch

Florida Senate - 2026 CS for CS for SB 1580 By the Committees on Rules; and Regulated Industries; and Senator Martin 595-03402-26 20261580c2

1 A bill to be entitled

2 An act relating to illegal gaming; repealing s.

3 849.23, F.S., relating to penalties and violations

4 related to illegal gambling; amending s. 16.71, F.S.;

5 requiring that the Florida Gaming Control Commission,

6 rather than the chair of the commission, appoint an

7 inspector general; authorizing the commission to

8 delegate any of the duties and powers of an agency

9 head to a commissioner, with an exception; amending s.

10 16.712, F.S.; revising the information to be included

11 in the commission’s annual report to the Governor and

12 the Legislature; amending s. 16.713, F.S.; authorizing

13 a person who is ineligible for employment with the

14 commission to submit a waiver request to the

15 commission asking to be considered eligible for

16 employment if the person possesses certain expertise

17 or experience; requiring the commission to consider

18 such requests on a case-by-case basis and to approve

19 or deny such requests; providing that such person is

20 eligible for employment with the commission if the

21 waiver request is approved by the commission;

22 providing applicability; providing the standard of

23 review for such waiver requests; authorizing the

24 commission to adopt rules; amending s. 16.715, F.S.;

25 revising the standards of conduct for current and

26 former commissioners and employees of the commission;

27 revising the persons who may not hold permits or

28 licenses relating to gaming within a certain

29 timeframe; prohibiting such persons from accepting

30 employment or compensation from or engaging in any

31 business activity with certain persons or entities for

32 a specified timeframe; authorizing certain employees

33 to request that the commission waive certain

34 postemployment restrictions for a certain purpose;

35 requiring the commission to consider and approve or

36 deny each waiver request on a case-by-case basis;

37 authorizing the commission to adopt rules; amending s.

38 20.055, F.S.; conforming a provision to changes made

39 by the act; amending s. 546.10, F.S.; authorizing

40 certain veterans’ service organizations to petition

41 the commission for a declaratory statement to

42 determine whether a game or machine is authorized by

43 law before such organizations purchase or install such

44 game or machine; prohibiting the purchase or

45 installation of a game or machine awaiting such

46 declaratory statement until the declaratory statement

47 has been issued; authorizing veterans’ service

48 organizations that have a game or machine already

49 installed on their premises to petition the commission

50 for a declaratory statement to determine whether a

51 game or machine is authorized by law; prohibiting such

52 veterans’ service organizations from petitioning the

53 commission if the game, machine, premises, or

54 organization is the subject of an ongoing criminal

55 investigation; requiring the commission to issue the

56 declaratory statement or deny the petition for a

57 declaratory statement within a specified timeframe;

58 prohibiting the commission from denying a veterans’

59 service organization’s petition that is validly

60 requested; providing that a petition is deemed

61 complete if the petition includes certain information;

62 providing that the declaratory statement is valid only

63 for the game or machine for which it was requested;

64 providing that a declaratory statement is invalid if

65 the specifications of the game or machine have

66 changed; providing that the declaratory statement is

67 binding on the commission and may be introduced in

68 subsequent proceedings as evidence of a good faith

69 effort to comply with certain provisions; providing

70 construction; amending s. 551.107, F.S.; requiring the

71 commission to consider and approve or deny waiver

72 requests on a case-by-case basis; providing the

73 standard of review for certain actions of the

74 commission; making technical changes; amending s.

75 551.114, F.S.; authorizing a slot machine licensee to

76 apply to the commission to change the location of its

77 designated slot machine gaming area under certain

78 circumstances; requiring the licensed pari-mutuel

79 permitholder to submit to the commission a survey

80 indicating specified information; providing that the

81 commission is responsible for approving or denying the

82 application to change the location of the designated

83 slot machine gaming area; requiring a slot machine

84 licensee to apply to the commission using forms

85 adopted by the commission; requiring the commission to

86 examine the application and approve or deny the

87 application within a specified timeframe; authorizing

88 the commission to adopt rules; amending s. 782.04,

89 F.S.; revising the underlying felonies for felony

90 murder of the second degree to include keeping a

91 gambling house; amending s. 838.12, F.S.; providing

92 criminal penalties for persons who stake, bet, or

93 wager any money or other thing of value upon the

94 result of certain games, contests, matches, races, or

95 sports if such persons have knowledge that the outcome

96 of the games, contests, matches, races, or sports is

97 prearranged or predetermined; making technical

98 changes; amending s. 843.08, F.S.; revising a

99 prohibition on false personation of certain persons to

100 include any personnel or representative of the

101 commission; amending ss. 849.01 and 849.02, F.S.;

102 revising the criminal penalties for persons who keep a

103 gambling house or are agents or employees of a keeper

104 of a gambling house, respectively; defining the term

105 “course of conduct”; prohibiting a person from

106 knowingly or recklessly benefit or participate in a

107 course of conduct in furtherance of illegal gambling;

108 creating s. 849.021, F.S.; defining the terms

109 “government employee” and “political subdivision”;

110 prohibiting a government employee from knowingly

111 certifying, licensing, approving, aiding,

112 facilitating, or concealing the operation of a

113 gambling house; providing criminal penalties;

114 providing applicability; creating s. 849.023, F.S.;

115 defining terms; providing that violations of certain

116 laws are deemed immediate and serious dangers to

117 public health, safety, and welfare; authorizing the

118 Department of Business and Professional Regulation,

119 the commission, or the Office of Financial Regulation

120 to summarily suspend the license of certain persons

121 violating such laws; authorizing a licensee or an

122 applicant to retain, apply for, or be reissued a

123 license if the license-issuing agency finds that such

124 licensee has removed the controlling person violating

125 such laws from the business; providing that a licensee

126 is subject to a specified fine; amending s. 849.03,

127 F.S.; revising the criminal penalties for persons who

128 rent or lease a house for gambling purposes; defining

129 the term “knowingly”; amending s. 849.08, F.S.;

130 defining terms; providing criminal penalties for

131 persons who play, engage in, operate, conduct, or

132 promote Internet gambling or Internet sports wagering;

133 providing applicability; amending s. 849.086, F.S.;

134 revising the prohibited activities of licensed

135 cardrooms; providing criminal penalties for violations

136 of such prohibitions; republishing s. 849.09, F.S.,

137 relating to the prohibition against lotteries;

138 amending s. 849.11, F.S.; providing criminal penalties

139 for persons who play in person, or by the use of the

140 Internet, certain games of chance; providing criminal

141 penalties for persons who set up, operate, conduct,

142 promote, or receive any money or other thing of value

143 for certain prohibited conduct; amending s. 849.13,

144 F.S.; revising the criminal penalties for persons

145 convicted of a second or subsequent violation in

146 connection with lotteries; reclassifying certain

147 criminal violations to the next level higher in the

148 Criminal Punishment Code’s offense severity ranking

149 chart; amending s. 849.14, F.S.; making technical

150 changes; amending s. 849.15, F.S.; defining terms;

151 revising criminal penalties relating to persons owning

152 or operating slot machines or devices; providing that

153 all shipments of legal slot machines into Indian lands

154 are deemed legal shipments under certain

155 circumstances; creating s. 849.155, F.S.; providing

156 criminal penalties for persons who knowingly sell,

157 purchase, manufacture, transport, deliver, or bring

158 into this state more than a specified number of slot

159 machines or devices or any parts thereof; defining the

160 term “parts thereof”; providing for fines for

161 specified violations; providing that any county in

162 which slot machine gaming is authorized is exempt from

163 certain federal provisions; providing that all

164 shipments of slot machines into any county in this

165 state are deemed legal shipments if specified

166 requirements are met; providing that all shipments of

167 legal gaming devices into Indian lands located within

168 this state are deemed legal shipments under certain

169 circumstances; requiring that any fines imposed and

170 collected be deposited into the Pari-mutuel Wagering

171 Trust Fund to be used for a specified purpose;

172 creating s. 849.157, F.S.; prohibiting persons from

173 knowingly and willfully making or disseminating

174 materially false or misleading statements or

175 information regarding the legality of a slot machine

176 or device to facilitate the sale of such slot machine

177 or device; providing criminal penalties; amending s.

178 849.18, F.S.; revising the circumstances under which a

179 judge may order a slot machine, apparatus, or device

180 seized; authorizing the commission to destroy a seized

181 machine, apparatus, or device after a specified

182 timeframe if no arrests or criminal charges have been

183 filed and no person files a claim for such machine,

184 apparatus, or device; creating s. 849.181, F.S.;

185 providing legislative intent; defining terms;

186 authorizing a criminal justice agency having custody

187 of excess slot machines related to a legal proceeding

188 or ongoing criminal investigation to destroy such

189 machines if the criminal justice agency takes certain

190 actions; requiring that written descriptions of such

191 slot machines be made under oath by the investigating

192 law enforcement officer before the slot machines are

193 destroyed; requiring that photographs and video

194 recordings of such slot machines be authenticated by

195 the photographer’s or videographer’s signature;

196 requiring that a law enforcement officer create

197 written and sworn documentation of certain information

198 regarding a destroyed slot machine; providing that

199 such photographs or video recordings may be deemed

200 competent evidence and may be admissible in a

201 prosecution to the same extent as if such slot

202 machines were introduced as evidence; providing

203 severability; creating s. 849.47, F.S.; defining the

204 term “illegal gambling”; prohibiting persons from

205 knowingly and willfully transporting, or procuring the

206 transportation of, certain persons into this state for

207 the purpose of illegal gambling; providing criminal

208 penalties; creating s. 849.48, F.S.; defining the term

209 “illegal gambling”; prohibiting persons from

210 advertising illegal gambling or setting up any type or

211 plate for any type for advertising illegal gambling;

212 providing criminal penalties; providing exceptions;

213 creating s. 849.49, F.S.; providing legislative

214 findings and intent; prohibiting counties,

215 municipalities, or other political subdivisions from

216 enacting or enforcing any ordinance or local rule

217 relating to certain gaming and gambling activities;

218 providing applicability; creating s. 849.51, F.S.;

219 providing legislative findings; creating the Limited

220 Slot Machine Surrender Program within the commission;

221 providing the purpose of the program; providing that

222 the surrender of any slot machine to the commission is

223 irrevocable and final; providing that an individual or

224 organization that surrenders a slot machine pursuant

225 to the program is immune from criminal prosecution;

226 requiring that the program begin and end within

227 specified timeframes; requiring the commission to

228 advertise the program before a specified timeframe;

229 providing that a person or entity that surrenders a

230 gaming device does not have any rights to the property

231 in any of the devices surrendered; authorizing the

232 commission to enter into memoranda of understanding

233 with other criminal justice agencies to administer the

234 program; amending s. 903.046, F.S.; revising the

235 circumstances a court must consider when determining

236 whether to release a defendant on bail or other

237 conditions; amending s. 921.0022, F.S.; revising the

238 ranking of certain offenses on the offense severity

239 ranking chart of the Criminal Punishment Code;

240 amending ss. 772.102, 849.17, 849.18, 849.20, 849.21,

241 849.22, and 895.02, F.S.; conforming provisions to

242 changes made by the act; providing effective dates.

244 Be It Enacted by the Legislature of the State of Florida:

246 Section 1. Section 849.23, Florida Statutes, is repealed.

247 Section 2. Subsection (5) of section 16.71, Florida

248 Statutes, is amended to read:

249 16.71 Florida Gaming Control Commission; creation;

250 meetings; membership.—

251 (5) INSPECTOR GENERAL.—The ~~chair of the~~ commission shall

252 appoint an inspector general who shall perform the duties of an

253 inspector general under s. 20.055. Except for the appointment of

254 an inspector general under s. 20.055(3)(a)1., the commission may

255 delegate any of the duties and powers of an agency head under s.

256 20.055 to a commissioner serving on the commission.

257 Section 3. Paragraph (h) of subsection (3) of section

258 16.712, Florida Statutes, is amended, and paragraphs (i) and (j)

259 are added to that subsection, to read:

260 16.712 Florida Gaming Control Commission authorizations,

261 duties, and responsibilities.—

262 (3) By December 1 of each year, the commission shall make

263 an annual report to the Governor, the President of the Senate,

264 and the Speaker of the House of Representatives. The report

265 must, at a minimum, include all of the following:

266 (h) A summary of actions taken and investigations conducted

267 by the commission , including the number of investigations that

268 led to criminal charges being filed and the resolution of such

269 criminal cases .

270 (i) The number of complaints received by the commission,

271 categorized by subject matter or type of complaint, and a

272 summary of the action taken by the commission on each complaint.

273 (j) A list of property seized by the commission during the

274 course of its investigations, and the disposition of such

275 property, including a list of forfeiture actions.

276 Section 4. Paragraph (d) is added to subsection (2) of

277 section 16.713, Florida Statutes, to read:

278 16.713 Florida Gaming Control Commission; appointment and

279 employment restrictions.—

280 (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS

281 INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE

282 COMMISSION.—

283 (d)1. A person who is ineligible for employment with the

284 commission under this subsection may submit a waiver request to

285 the commission to be considered eligible for employment as a

286 career service or other-personal-services employee if such

287 person possesses industry expertise in pari-mutuel wagering,

288 cardrooms, or slot machine operations.

289 2. The commission shall consider waiver requests on a case

290 by-case basis and shall approve or deny each request. If the

291 commission approves the waiver request, the person is eligible

292 for employment with the commission. This paragraph does not

293 apply to persons seeking appointment to the commission. The

294 standard of review applicable to the commission under this

295 subsection is whether the commission’s action was an abuse of

296 discretion. The commission may adopt rules to implement the

297 provisions of this subsection.

299 For the purposes of this subsection, the term “relative” means a

300 spouse, father, mother, son, daughter, grandfather, grandmother,

301 brother, sister, uncle, aunt, cousin, nephew, niece, father-in

302 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,

303 sister-in-law, stepfather, stepmother, stepson, stepdaughter,

304 stepbrother, stepsister, half brother, or half sister.

305 Section 5. Paragraph (b) of subsection (1) and paragraph

306 (c) of subsection (2) of section 16.715, Florida Statutes, are

307 amended to read:

308 16.715 Florida Gaming Control Commission standards of

309 conduct; ex parte communications.—

310 (1) STANDARDS OF CONDUCT.—

311 (b)1. A commissioner or employee of the commission may not

312 accept anything from any business entity that, either directly

313 or indirectly, owns or controls any person regulated by the

314 commission or from any business entity that, either directly or

315 indirectly, is an affiliate or subsidiary of any person

316 regulated by the commission.

317 2. A commissioner or an employee may attend conferences,

318 along with associated meals and events that are generally

319 available to all conference participants, without payment of any

320 fees in addition to the conference fee. Additionally, while

321 attending a conference, a commissioner or an employee may attend

322 meetings, meals, or events that are not sponsored, in whole or

323 in part, by any representative of any person regulated by the

324 commission and that are limited to commissioners or employees

325 only, committee members, or speakers if the commissioner or

326 employee is a member of a committee of the association of

327 regulatory agencies which organized the conference or is a

328 speaker at the conference. It is not a violation of this

329 subparagraph for a commissioner or an employee to attend a

330 conference for which conference participants who are employed by

331 a person regulated by the commission have paid a higher

332 conference registration fee than the commissioner or employee,

333 or to attend a meal or event that is generally available to all

334 conference participants without payment of any fees in addition

335 to the conference fee and that is sponsored, in whole or in

336 part, by a person regulated by the commission.

337 3. While employed, ~~and for 2 years after service as a~~

338 ~~commissioner or for 2 years after employment with the~~

339 ~~commission,~~ a commissioner or an employee may not accept any

340 form of employment with or engage in any business activity with

341 any business entity that, either directly or indirectly, owns or

342 controls any person regulated by the commission; any person

343 regulated by the commission; or any business entity that, either

344 directly or indirectly, is an affiliate or subsidiary of any

345 person regulated by the commission.

346 4. While employed, and for 2 years after service as a

347 commissioner or for 2 years after employment with the

348 commission, a commissioner, an employee, or a relative living in

349 the same household as a commissioner or an employee may not have

350 any financial interest, other than shares in a mutual fund, in

351 any person regulated by the commission; in any business entity

352 that, either directly or indirectly, owns or controls any person

353 regulated by the commission; or in any business entity that,

354 either directly or indirectly, is an affiliate or a subsidiary

355 of any person regulated by the commission. If a commissioner, an

356 employee, or a relative living in the same household as a

357 commissioner or an employee acquires any financial interest

358 prohibited by this subsection during the commissioner’s term of

359 office or the employee’s employment with the commission as a

360 result of events or actions beyond the commissioner’s, the

361 employee’s, or the relative’s control, he or she must ~~shall~~

362 immediately sell such financial interest. For the purposes of

363 this subsection, the term “relative” has the same meaning as in

364 s. 16.713(2)(b).

365 5. A commissioner or an employee may not accept anything

366 from a party in a proceeding currently pending before the

367 commission.

368 6. A commissioner may not serve as the representative of

369 any political party or on any executive committee or other

370 governing body of a political party; serve as an executive

371 officer or employee of any political party, committee,

372 organization, or association; receive remuneration for

373 activities on behalf of any candidate for public office; engage

374 on behalf of any candidate for public office in the solicitation

375 of votes or other activities on behalf of such candidacy; or

376 become a candidate for election to any public office without

377 first resigning from office.

378 7. A commissioner, during his or her term of office, may

379 not make any public comment regarding the merits of any

380 proceeding under ss. 120.569 and 120.57 currently pending before

381 the commission.

382 8. A commissioner or an employee may not act in an

383 unprofessional manner at any time during the performance of

384 official duties.

385 9. A commissioner or an employee shall ~~must~~ avoid

386 impropriety in all activities and shall ~~must~~ act at all times in

387 a manner that promotes public confidence in the integrity and

388 impartiality of the commission.

389 10. A commissioner or an employee may not directly or

390 indirectly, through staff or other means, solicit anything of

391 value from any person regulated by the commission, or from any

392 business entity that, whether directly or indirectly, is an

393 affiliate or a subsidiary of any person regulated by the

394 commission, or from any party appearing in a proceeding

395 considered by the commission in the last 2 years.

396 11. A commissioner may not lobby the Governor or any agency

397 of the state, members or employees of the Legislature, or any

398 county or municipal government or governmental agency except to

399 represent the commission in an official capacity.

400 (2) FORMER COMMISSIONERS AND EMPLOYEES.—

401 (c) A person employed by the commission and classified as

402 Senior Management Service, Selected Exempt Service, or career

403 service may not, for the 2 years immediately following the date

404 of termination or resignation from employment with the

405 commission:

406 1. Hold a permit or license issued under chapter 550, or a

407 license issued under chapter 551 or chapter 849; be an officer,

408 official, or employee of such permitholder or licensee; or be an

409 ultimate equitable owner, as defined in s. 550.002(37), of such

410 permitholder or licensee; or

411 2. Accept employment or compensation from, or engage in any

412 business activity with, a business entity that, directly or

413 indirectly, owns or controls a person regulated by the

414 commission; any person regulated by the commission; any business

415 entity that, directly or indirectly, is an affiliate or

416 subsidiary of a person regulated by the commission; or any

417 business entity or trade association that has been a party to a

418 commission proceeding within the 2 years preceding the

419 employee’s resignation or termination of employment from the

420 commission; or

421 3. Be a bingo game operator or an employee of a bingo game

422 operator.

424 Notwithstanding any other law, an employee classified as career

425 service may request that the commission waive the postemployment

426 restrictions of subparagraph 1., but only for the purpose of

427 obtaining an occupational license under s. 550.105, s. 551.107,

428 or s. 849.086(6); or for any other postemployment restrictions

429 under subparagraph 2. or subparagraph 3. If the commission

430 approves the request, the employee is exempt from paragraph (d).

431 The commission shall consider and approve or deny waiver

432 requests on a case-by-case basis. The commission may adopt rules

433 to implement this paragraph.

434 Section 6. Paragraph (a) of subsection (1) of section

435 20.055, Florida Statutes, is amended to read:

436 20.055 Agency inspectors general.—

437 (1) As used in this section, the term:

438 (a) “Agency head” means the Governor, a Cabinet officer, or

439 a secretary or executive director as those terms are defined in

440 s. 20.03, the chair of the Public Service Commission, the

441 Director of the Office of Insurance Regulation of the Financial

442 Services Commission, the Director of the Office of Financial

443 Regulation of the Financial Services Commission, the board of

444 directors of the Florida Housing Finance Corporation, the

445 commissioners ~~chair~~ of the Florida Gaming Control Commission,

446 and the Chief Justice of the State Supreme Court.

447 Section 7. Subsection (10) of section 546.10, Florida

448 Statutes, is added to read:

449 546.10 Amusement games or machines.—

450 (10)(a)1. Before purchasing or installing a game or machine

451 on the premises of any veterans’ service organization granted a

452 federal charter under Title 36, U.S.C., or a division,

453 department, post, or chapter of such organization, for which an

454 alcoholic beverage license has been issued, the organization may

455 petition the Florida Gaming Control Commission for a declaratory

456 statement under s. 120.565 on whether the operation of such game

457 or machine is authorized under this section or is a violation of

458 this section or chapter 849. A game or machine awaiting such

459 declaratory statement from the commission may not be purchased

460 or installed until the declaratory statement is issued.

461 2. A veterans’ service organization as described in

462 subparagraph 1. which has a game or machine already installed on

463 its premises may petition the commission for a declaratory

464 statement under s. 120.565 on whether the operation of such game

465 or machine is authorized under this section or is a violation of

466 this section or chapter 849. If the game, machine, premises, or

467 organization is the subject of an ongoing criminal

468 investigation, the organization may not petition the commission

469 for a declaratory statement under this subsection.

470 3. The commission must issue a declaratory statement or

471 deny the petition within 60 days after completing its

472 investigation of the game or machine subject to the statement or

473 90 days after receiving a complete petition requesting such

474 statement, whichever is earlier. The commission may not deny a

475 petition that is validly requested pursuant to this subsection

476 and s. 120.565.

477 (b) A petition for a declaratory statement made pursuant to

478 paragraph (a) is deemed complete if it provides the information

479 required for the commission to issue the declaratory statement

480 and is accompanied by the specifications, including all

481 pertinent information and documentation and access to hardware

482 and associated software by the commission’s contracted testing

483 lab, for the type of game or machine that the organization will

484 purchase or install or has already installed on the premises.

485 The declaratory statement issued under this subsection is valid

486 only for the game or machine for which it is requested and is

487 invalid if the specifications for the game or the machine have

488 been changed.

489 (c) A declaratory statement issued under this subsection is

490 binding on the commission and may be introduced in any

491 subsequent proceedings relating to the game or machine for which

492 the declaratory statement is requested as evidence of a good

493 faith effort to comply with this section or chapter 849.

494 (d) This subsection does not prevent the commission or any

495 other criminal justice agency as defined in s. 943.045 from

496 detecting, apprehending, and arresting a person for any alleged

497 violation of this chapter, chapter 24, part II of chapter 285,

498 chapter 550, chapter 551, or chapter 849, or any rule adopted

499 pursuant thereto, or of any law of this state.

500 (e) This subsection does not require an owner or an

501 operator of an amusement game or machine under this section to

502 request or obtain a declaratory statement in order to operate

503 pursuant to this section.

504 Section 8. Paragraph (b) of subsection (6) of section

505 551.107, Florida Statutes, is amended to read:

506 551.107 Slot machine occupational license; findings;

507 application; fee.—

508 (6)

509 (b) The commission may deny, revoke, or refuse to renew any

510 slot machine occupational license if the applicant for such

511 license or the licensee has been convicted of a felony or

512 misdemeanor in this state, in any other state, or under the laws

513 of the United States if such felony or misdemeanor is related to

514 gambling or bookmaking as described in s. 849.25. The

515 restrictions excluding offenders under this section ~~authorized~~

516 ~~in this paragraph~~ may be waived by the commission if the

517 applicant establishes that she or he is of good moral character,

518 that she or he has been rehabilitated, and that the crime she or

519 he was convicted of is not related to slot machine gaming and is

520 not a capital offense. The commission shall consider and approve

521 or deny waiver requests on a case-by-case basis. The standard of

522 review applicable to the commission under this paragraph is

523 whether the commission’s action was an abuse of discretion.

524 Section 9. Subsection (4) of section 551.114, Florida

525 Statutes, is amended to read:

526 551.114 Slot machine gaming areas.—

527 (4) (a) Designated slot machine gaming areas must be located

528 at the address specified in the licensed permitholder’s slot

529 machine license issued for fiscal year 2020-2021.

530 (b) Notwithstanding paragraph (a), a slot machine licensee

531 may apply to the commission to change the location of its

532 designated slot machine gaming area if all of the following

533 apply:

534 1. The location of the designated slot machine gaming area

535 is in the same county as the address specified in the licensed

536 permitholder’s slot machine license issued for fiscal year 2020

537 2021.

538 2. The location of the designated slot machine gaming area

539 is within 1,320 feet on a straight line of any outermost

540 boundary of the licensed permitholder’s designated slot machine

541 gaming area as of January 1, 2026.

542 3. The designated slot machine gaming area is at a location

543 where the licensed permitholder is authorized to conduct pari

544 mutuel wagering activities pursuant to the licensed

545 permitholder’s valid pari-mutuel permit.

546 4. The location is owned by the licensed pari-mutuel

547 permitholder.

548 5. The location is approved under the zoning regulations of

549 the county or municipality where the permitted slot machine

550 gaming area is to be located as a planned development use,

551 consistent with the comprehensive plan.

552 6. The location does not violate any of the provisions of

553 any tribal-state gaming compact with a federally recognized

554 Indian tribe located within this state pursuant to the Indian

555 Gaming Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168, and 25

556 U.S.C. ss. 2701 et seq.

557 (c) Before submitting an application to the commission to

558 change the location of the designated slot machine gaming area,

559 the licensed pari-mutuel permitholder must submit a survey

560 indicating the existing location of the designated slot machine

561 gaming area and the proposed location of the new designated slot

562 machine gaming area.

563 (d) The commission is responsible for approving or denying

564 the application to change the location of the designated slot

565 machine gaming area. A slot machine licensee must apply to the

566 commission using forms adopted by the commission. The commission

567 shall examine the application and approve or deny the change of

568 location of the designated slot machine gaming area within the

569 timeframes required by s. 120.60. The commission may adopt rules

570 to implement this subsection.

571 Section 10. Subsection (3) of section 782.04, Florida

572 Statutes, is amended to read:

573 782.04 Murder.—

574 (3) When a human being is killed during the perpetration

575 of, or during the attempt to perpetrate, any:

576 (a) Trafficking offense prohibited by s. 893.135(1),

577 (b) Arson,

578 (c) Sexual battery,

579 (d) Robbery,

580 (e) Burglary,

581 (f) Kidnapping,

582 (g) Escape,

583 (h) Aggravated child abuse,

584 (i) Aggravated abuse of an elderly person or disabled

585 adult,

586 (j) Aircraft piracy,

587 (k) Unlawful throwing, placing, or discharging of a

588 destructive device or bomb,

589 (l) Carjacking,

590 (m) Home-invasion robbery,

591 (n) Aggravated stalking,

592 (o) Murder of another human being,

593 (p) Aggravated fleeing or eluding with serious bodily

594 injury or death,

595 (q) Resisting an officer with violence to his or her

596 person, or

597 (r) Felony that is an act of terrorism or is in furtherance

598 of an act of terrorism, including a felony under s. 775.30, s.

599 775.32, s. 775.33, s. 775.34, or s. 775.35, or

600 (s) Keeping a gambling house under s. 849.01,

602 by a person other than the person engaged in the perpetration of

603 or in the attempt to perpetrate such felony, the person

604 perpetrating or attempting to perpetrate such felony commits

605 murder in the second degree, which constitutes a felony of the

606 first degree, punishable by imprisonment for a term of years not

607 exceeding life or as provided in s. 775.082, s. 775.083, or s.

608 775.084.

609 Section 11. Subsections (1) and (2) of section 838.12,

610 Florida Statutes, are amended, and subsection (3) is added to

611 that section, to read:

612 838.12 Bribery in athletic contests.—

613 (1) A person who ~~Whoever~~ gives, promises, offers or

614 conspires to give, promise or offer, to anyone who participates

615 or expects to participate in any professional or amateur game,

616 contest, match, race or sport; or to any umpire, referee, judge

617 or other official of such game, contest, match, race or sport;

618 or to any owner, manager, coach or trainer of, or to any

619 relative of, or to any person having any direct, indirect,

620 remote or possible connection with, any team, individual,

621 participant or prospective participant in any such professional

622 or amateur game, contest, match, race or sport, or the officials

623 aforesaid, any bribe, money, goods, present, reward or any

624 valuable thing whatsoever, or any promise, contract or agreement

625 whatsoever, with intent to influence him or her or them to lose

626 or cause to be lost any game, contest, match, race or sport, or

627 to limit his or her or their or any person’s or any team’s

628 margin of victory in any game, contest, match, race, or sport,

629 or to fix or throw any game, contest, match, race or sport,

630 commits ~~shall be guilty of~~ a felony of the third degree,

631 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

632 (2) Any participant or prospective participant in any

633 professional or amateur game, contest, match, race or sport; or

634 any umpire, referee, judge or other official of such game,

635 contest, match, race or sport; or any owner, manager, coach or

636 trainer of, or any relative of, or any person having any direct,

637 indirect, remote or possible connection with, any team,

638 individual, participant or prospective participant in any such

639 professional or amateur game, contest, match, race or sport, or

640 the officials aforesaid; who in any way solicits, receives or

641 accepts, or agrees to receive or accept, or who conspires to

642 receive or accept, any bribe, money, goods, present, reward or

643 any valuable thing whatsoever, or any promise, contract or

644 agreement whatsoever, with intent to lose or cause to be lost

645 any game, contest, match, race or sport, or to limit his, her,

646 their or any person’s or any team’s margin of victory in any

647 game, contest, match, race or sport, or to fix or throw any

648 game, contest, match, race or sport, commits ~~shall be guilty of~~

649 a felony of the third degree, punishable as provided in s.

650 775.082, s. 775.083, or s. 775.084.

651 (3) A person who stakes, bets, or wagers any money or other

652 thing of value upon the result of any professional or amateur

653 game, contest, match, race, or sport with knowledge that the

654 outcome of such professional or amateur game, contest, match,

655 race, or sport is prearranged or predetermined as described in

656 subsection (1) or subsection (2) commits a felony of the third

657 degree, punishable as provided in s. 775.082, s. 775.083, or s.

658 775.084.

659 Section 12. Section 843.08, Florida Statutes, is amended to

660 read:

661 843.08 False personation.—A person who falsely assumes or

662 pretends to be a firefighter, a sheriff, an officer of the

663 Florida Highway Patrol, an officer of the Fish and Wildlife

664 Conservation Commission, an officer of the Department of

665 Environmental Protection, an officer of the Department of

666 Financial Services, any personnel or representative of the

667 Florida Gaming Control Commission, any personnel or

668 representative of the Division of Criminal Investigations, an

669 officer of the Department of Corrections, a correctional

670 probation officer, a deputy sheriff, a state attorney or an

671 assistant state attorney, a statewide prosecutor or an assistant

672 statewide prosecutor, a state attorney investigator, a coroner,

673 a police officer, a lottery special agent or lottery

674 investigator, a beverage enforcement agent, a school guardian as

675 described in s. 30.15(1)(k), a security officer licensed under

676 chapter 493, any member of the Florida Commission on Offender

677 Review or any administrative aide or supervisor employed by the

678 commission, any personnel or representative of the Department of

679 Law Enforcement, or a federal law enforcement officer as defined

680 in s. 901.1505, and takes upon himself or herself to act as

681 such, or to require any other person to aid or assist him or her

682 in a matter pertaining to the duty of any such officer, commits

683 a felony of the third degree, punishable as provided in s.

684 775.082, s. 775.083, or s. 775.084. However, a person who

685 falsely personates any such officer during the course of the

686 commission of a felony commits a felony of the second degree,

687 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

688 If the commission of the felony results in the death or personal

689 injury of another human being, the person commits a felony of

690 the first degree, punishable as provided in s. 775.082, s.

691 775.083, or s. 775.084. In determining whether a defendant has

692 violated this section, the court or jury may consider any

693 relevant evidence, including, but not limited to, whether the

694 defendant used lights in violation of s. 316.2397 or s. 843.081.

695 Section 13. Section 849.01, Florida Statutes, is amended to

696 read:

697 849.01 Keeping gambling houses, etc.—

698 (1) A person who, ~~Whoever~~ by herself or himself, her or his

699 ~~servant,~~ clerk or agent, or in any other manner has, keeps,

700 exercises , or maintains a gaming table or room, or gaming

701 implements or apparatus, or house, booth, tent, shelter , or

702 other place for the purpose of gaming or gambling or in any

703 place of which she or he may directly or indirectly have charge,

704 control , or management, either exclusively or with others,

705 procures, suffers , or permits any person to play for money or

706 other valuable thing at any game whatever ~~, whether heretofore~~

707 ~~prohibited or not,~~ commits the offense of keeping a gambling

708 house.

709 (2)(a) For a first offense, a person who violates

710 subsection (1) commits a felony ~~misdemeanor~~ of the third ~~second~~

711 degree, punishable as provided in s. 775.082 , or s. 775.083 , or

712 s. 775.084 .

713 (b) For a second or subsequent offense, a person who

714 violates subsection (1) commits a felony of the second degree,

715 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

716 (3) As used in this subsection, the term “course of

717 conduct” means a pattern of conduct composed of a series of acts

718 over a period of time, however short, which evidences a

719 continuity of purpose.

720 (a) A person may not knowingly, or in reckless disregard of

721 the fact:

722 1. Benefit financially or receive anything of value,

723 whether or not as a legal entity, in furtherance of a violation

724 of subsection (1); or

725 2. Participate in a course of conduct in providing any

726 service, product, or material benefit in the furtherance of a

727 violation of subsection (1).

728 (b) A person who violates paragraph (a) commits a felony of

729 the third degree, punishable as provided in s. 775.082, s.

730 775.083, or s. 775.084.

731 (c) A person found in violation of paragraph (a) shall be

732 ordered to pay a fine of $50,000 for each violation.

733 (4) Notwithstanding subsection (2), a person who violates

734 subsection (1) commits a felony of the second degree, punishable

735 as provided in s. 775.082, s. 775.083, or s. 775.084, if, during

736 the commission of an offense under this section, an individual

737 suffers great bodily harm, permanent disability, or permanent

738 disfigurement.

739 Section 14. Section 849.02, Florida Statutes, is amended to

740 read:

741 849.02 Agents or employees of keeper of gambling house.—

742 (1) A person who ~~Whoever~~ acts as ~~servant,~~ clerk, agent, or

743 employee of any person in the violation of s. 849.01 commits:

744 (a) For a first offense, a misdemeanor of the first degree,

745 punishable as provided in s. 775.082 or s. 775.083.

746 (b) For a second offense, a felony of the third degree,

747 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

748 (c) For a third or subsequent offense, a felony of the

749 second degree, punishable as provided in s. 775.082, s. 775.083,

750 or s. 775.084 ~~shall be punished in the manner and to the extent~~

751 ~~therein mentioned~~ .

752 (2)(a) Notwithstanding subsection (1), if the clerk, agent,

753 or employee is authorized to bind the gambling house in

754 violation of s. 849.01 or act on behalf of any person in the

755 violation of s. 849.01, he or she commits a felony of the third

756 degree, punishable as provided in s. 775.082, s. 775.083, or s.

757 755.084.

758 (b) For a second or subsequent offense, a person commits a

759 felony of the second degree, punishable as provided in s.

760 775.082, s. 775.083, or s. 775.084.

761 Section 15. Section 849.021, Florida Statutes, is created

762 to read:

763 849.021 Government employee misconduct.—

764 (1) As used in this section, the term:

765 (a) “Government employee” means any person employed by, or

766 acting on behalf of, the state or any political subdivision

767 thereof.

768 (b) “Political subdivision” means a county, municipality,

769 department, commission, district, board, or other public body,

770 whether corporate or otherwise, created by or under state law.

771 (2) A government employee may not knowingly certify,

772 license, approve, aid, facilitate, or conceal the operation of a

773 gambling house in violation of s. 849.01.

774 (3) A person who violates subsection (2) commits:

775 (a) For a first offense, a felony of the third degree,

776 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

777 (b) For a second or subsequent offense, a felony of the

778 second degree, punishable as provided in s. 775.082, s. 775.083,

779 or s. 775.084.

780 (4) This section does not apply to any person who is acting

781 in the scope of his or her employment and, in good faith,

782 reports suspected violations of chapter 849 to law enforcement

783 or regulatory agencies.

784 Section 16. Section 849.023, Florida Statutes, is created

785 to read:

786 849.023 Licensure disqualifying offenses; corporate

787 shielding prohibited.—

788 (1) DEFINITIONS.—As used in this section, the term:

789 (a) “Commission” means the Florida Gaming Control

790 Commission.

791 (b) “Controlling person” means:

792 1. A corporate officer or director, or, if a limited

793 liability company, a manager, of the licensee or applicant for a

794 license;

795 2. A general partner, member, or owner of more than 5

796 percent of any equity interest, direct or indirect, in the

797 licensee or applicant; or

798 3. An owner of any interest in the licensee or applicant,

799 including any immediate family member of the owner, or holder of

800 any debt, mortgage, contract, or concession from the licensee or

801 applicant, who by virtue thereof is able to control the business

802 of the licensee or applicant.

803 (c) “Conviction” means a determination of guilt which is

804 the result of a plea or trial, regardless of whether

805 adjudication is withheld or a plea of nolo contendere is

806 entered.

807 (d) “License” has the same meaning as in s. 120.52 and is

808 issued by:

809 1. The Department of Business and Professional Regulation

810 pursuant to chapter 509, chapter 561, chapter 562, chapter 563,

811 chapter 564, chapter 565, chapter 567, chapter 568, or chapter

812 569;

813 2. The commission pursuant to chapter 550, chapter 551, or

814 s. 849.086; or

815 3. The Office of Financial Regulation pursuant to chapter

816 560.

817 (e) “Licensee” means a holder of a license.

818 (f) “Owner” means a sole member or owner of 100 percent of

819 any equity interest, direct or indirect, in the licensee or

820 applicant.

821 (2) PENALTIES.—

822 (a)1. Notwithstanding subsection (1), pursuant to s.

823 120.60(6), a violation of s. 849.01, s. 849.03, or s. 849.15 is

824 deemed an immediate and serious danger to public health, safety,

825 and welfare, and the Department of Business and Professional

826 Regulation, the commission, or the Office of Financial

827 Regulation may summarily suspend the license of any person found

828 in violation of s. 849.01, s. 849.03, or 849.15, or of any

829 business entity if its controlling person or sole owner is found

830 to be in violation of s. 849.01, s. 849.03, or s. 849.15.

831 2. In addition to any other penalty provided by law, a

832 licensee or an applicant may have a license revoked or any

833 application thereof denied or not reissued if the licensee or

834 applicant, the controlling person of the licensee or applicant,

835 or the sole owner of the licensee or applicant is convicted of a

836 violation of s. 849.01, s. 849.03, or s. 849.15.

837 3. Notwithstanding subparagraph 2., a licensee or applicant

838 may retain, apply for, or be reissued a license if the license

839 issuing agency finds that such licensee has removed the

840 controlling person from the business.

841 (b) Notwithstanding paragraph (a), a licensee is subject to

842 a fine of up to $75,000 for a violation of s. 849.01, s. 849.03,

843 or s. 849.15.

844 Section 17. Section 849.03, Florida Statutes, is amended to

845 read:

846 849.03 Renting or leasing house for gambling purposes.—

847 (1) A person who ~~Whoever~~ , whether as owner or agent,

848 knowingly rents or leases to another a house, room, booth, tent,

849 shelter , or place for the purpose of gaming commits:

850 (a) For a first offense, a felony of the third degree,

851 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

852 (b) For a second or subsequent offense, a felony of the

853 second degree, punishable as provided in s. 775.082, s. 775.083,

854 or s. 775.084 ~~shall be punished in the manner and to the extent~~

855 ~~mentioned in s. 849.01~~ .

856 (2) For purposes of this section, the term “knowingly”

857 means having general or reasonable knowledge of, or reasonable

858 belief or grounds for belief that, a violation of s. 849.01 is

859 occurring.

860 Section 18. Section 849.08, Florida Statutes, is amended to

861 read:

862 849.08 Gambling.—

863 (1) As used in this section, the term:

864 (a) “Internet gambling” means to play or engage in a game

865 in which money or other thing of value is awarded based on

866 chance, regardless of any application of skill, which game is

867 available on the Internet and accessible on a mobile device,

868 computer terminal, or other similar access device and simulates

869 casino-style gaming, including, but not limited to, slot

870 machines, video poker, and table games.

871 (b) “Internet sports wagering” means to stake, bet, or

872 wager money or other thing of value upon the result of any trial

873 or contest of skill, speed, power, or endurance of human or

874 beast, other than pari-mutuel wagering conducted pursuant to

875 chapter 550, which is available on the Internet and accessible

876 on a mobile device, computer terminal, or other similar access

877 device.

878 (2) A person who ~~Whoever~~ plays or engages in Internet

879 gambling or any game at cards, keno, roulette, faro , or other

880 game of chance, at any place, by any device whatever, for money

881 or other thing of value, commits ~~shall be guilty of~~ a

882 misdemeanor of the second degree, punishable as provided in s.

883 775.082 or s. 775.083.

884 (3) A person who plays or engages in Internet sports

885 wagering commits:

886 (a) For a first violation, a misdemeanor of the second

887 degree, punishable as provided in s. 775.082 or s. 775.083.

888 (b) For a second or subsequent violation, a misdemeanor of

889 the first degree, punishable as provided in s. 775.082 or s.

890 775.083.

891 (4) A person who operates, conducts, or promotes Internet

892 gambling or Internet sports wagering, or receives in any manner

893 money or other thing of value offered for the purpose of

894 Internet gambling or Internet sports wagering, or who knowingly

895 becomes the custodian or depositary of any money or other thing

896 of value so offered, or who aids, assists, abets, or influences

897 in any manner in any such acts, commits a felony of the third

898 degree, punishable as provided in s. 775.082, s. 775.083, or s.

899 775.084.

900 (5) This section does not apply to participation in, or the

901 conduct of, any gaming activities authorized under s.

902 285.710(13) and conducted pursuant to a gaming compact ratified

903 and approved under s. 285.710(3).

904 Section 19. Paragraph (e) is added to subsection (12) of

905 section 849.086, Florida Statutes, to read:

906 849.086 Cardrooms authorized.—

907 (12) PROHIBITED ACTIVITIES.—

908 (e) A person who manipulates or attempts to manipulate the

909 playing cards, outcome, or payoff of a card game in a licensed

910 cardroom by physical tampering or by use of any object,

911 instrument, or device, whether mechanical, electrical, magnetic,

912 or involving other means, commits a felony of the third degree,

913 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

914 Section 20. Section 849.09, Florida Statutes, is

915 republished to read:

916 849.09 Lottery prohibited; exceptions.—

917 (1) It is unlawful for any person in this state to:

918 (a) Set up, promote, or conduct any lottery for money or

919 for anything of value;

920 (b) Dispose of any money or other property of any kind

921 whatsoever by means of any lottery;

922 (c) Conduct any lottery drawing for the distribution of a

923 prize or prizes by lot or chance, or advertise any such lottery

924 scheme or device in any newspaper or by circulars, posters,

925 pamphlets, radio, telegraph, telephone, or otherwise;

926 (d) Aid or assist in the setting up, promoting, or

927 conducting of any lottery or lottery drawing, whether by

928 writing, printing, or in any other manner whatsoever, or be

929 interested in or connected in any way with any lottery or

930 lottery drawing;

931 (e) Attempt to operate, conduct, or advertise any lottery

932 scheme or device;

933 (f) Have in her or his possession any lottery wheel,

934 implement, or device whatsoever for conducting any lottery or

935 scheme for the disposal by lot or chance of anything of value;

936 (g) Sell, offer for sale, or transmit, in person or by mail

937 or in any other manner whatsoever, any lottery ticket, coupon,

938 or share, or any share in or fractional part of any lottery

939 ticket, coupon, or share, whether such ticket, coupon, or share

940 represents an interest in a live lottery not yet played or

941 whether it represents, or has represented, an interest in a

942 lottery that has already been played;

943 (h) Have in her or his possession any lottery ticket, or

944 any evidence of any share or right in any lottery ticket, or in

945 any lottery scheme or device, whether such ticket or evidence of

946 share or right represents an interest in a live lottery not yet

947 played or whether it represents, or has represented, an interest

948 in a lottery that has already been played;

949 (i) Aid or assist in the sale, disposal, or procurement of

950 any lottery ticket, coupon, or share, or any right to any

951 drawing in a lottery;

952 (j) Have in her or his possession any lottery

953 advertisement, circular, poster, or pamphlet, or any list or

954 schedule of any lottery prizes, gifts, or drawings; or

955 (k) Have in her or his possession any so-called “run down

956 sheets,” tally sheets, or other papers, records, instruments, or

957 paraphernalia designed for use, either directly or indirectly,

958 in, or in connection with, the violation of the laws of this

959 state prohibiting lotteries and gambling.

961 Provided, that nothing in this section shall prohibit

962 participation in any nationally advertised contest, drawing,

963 game or puzzle of skill or chance for a prize or prizes unless

964 it can be construed as a lottery under this section; and,

965 provided further, that this exemption for national contests

966 shall not apply to any such contest based upon the outcome or

967 results of any horserace, harness race, dograce, or jai alai

968 game.

969 (2) Any person who is convicted of violating any of the

970 provisions of paragraph (a), paragraph (b), paragraph (c), or

971 paragraph (d) of subsection (1) is guilty of a felony of the

972 third degree, punishable as provided in s. 775.082, s. 775.083,

973 or s. 775.084.

974 (3) Any person who is convicted of violating any of the

975 provisions of paragraph (e), paragraph (f), paragraph (g),

976 paragraph (i), or paragraph (k) of subsection (1) is guilty of a

977 misdemeanor of the first degree, punishable as provided in s.

978 775.082 or s. 775.083. Any person who, having been convicted of

979 violating any provision thereof, thereafter violates any

980 provision thereof is guilty of a felony of the third degree,

981 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

982 The provisions of this section do not apply to bingo as provided

983 for in s. 849.0931.

984 (4) Any person who is convicted of violating any of the

985 provisions of paragraph (h) or paragraph (j) of subsection (1)

986 is guilty of a misdemeanor of the first degree, punishable as

987 provided in s. 775.082 or s. 775.083. Any person who, having

988 been convicted of violating any provision thereof, thereafter

989 violates any provision thereof is guilty of a felony of the

990 third degree, punishable as provided in s. 775.082, s. 775.083,

991 or s. 775.084.

992 Section 21. Section 849.11, Florida Statutes, is amended to

993 read:

994 849.11 Plays at games of chance by lot.—

995 (1) A person who ~~Whoever sets up, promotes or~~ plays in

996 person or by the use, in whole or in part, of the Internet, at

997 any game of chance by lot or with dice, cards, numbers, hazards

998 or any other gambling device whatever for, or for the disposal

999 of money or other thing of value or under the pretext of a sale,

1000 gift or delivery thereof, or for any right, share or interest

1001 therein, commits ~~shall be guilty of~~ a misdemeanor of the second

1002 degree, punishable as provided in s. 775.082 or s. 775.083.

1003 (2) A person who sets up, operates, conducts, promotes, or

1004 receives in any manner any money or other thing of value offered

1005 for the purpose of conduct prohibited in subsection (1), or who

1006 knowingly becomes the custodian or depositary of any money or

1007 other thing of value so offered, or who aids, assists, abets, or

1008 influences in any manner in any such acts, commits a felony of

1009 the third degree, punishable as provided in s. 775.082, s.

1010 775.083, or s. 775.084.

1011 Section 22. Section 849.13, Florida Statutes, is amended to

1012 read:

1013 849.13 Punishment on second or subsequent conviction.— A

1014 person who is convicted of a second or subsequent violation of

1015 the same ~~Whoever, after being convicted of an~~ offense ~~forbidden~~

1016 ~~by law~~ in connection with lotteries for which there is no

1017 penalty specified for a second or subsequent violation shall

1018 have the offense reclassified to an offense of the next higher

1019 degree ~~, commits the like offense, shall be guilty of a~~

1020 ~~misdemeanor of the first degree~~ , punishable as provided in s.

1021 775.082 , or s. 775.083 , or s. 775.084. For purposes of

1022 sentencing under chapter 921, a felony offense that is

1023 reclassified under this section is ranked one level above the

1024 ranking under s. 921.0022 or s. 921.0023 of the felony offense

1025 committed .

1026 Section 23. Section 849.14, Florida Statutes, is amended to

1027 read:

1028 849.14 Unlawful to bet on result of trial or contest of

1029 skill, etc.— A person who ~~Whoever~~ stakes, bets, or wagers any

1030 money or other thing of value upon the result of any trial or

1031 contest of skill, speed or power or endurance of human or beast,

1032 or who ~~whoever~~ receives in any manner whatsoever any money or

1033 other thing of value staked, bet, or wagered, or offered for the

1034 purpose of being staked, bet, or wagered, by or for any other

1035 person upon any such result, or who ~~whoever~~ knowingly becomes

1036 the custodian or depositary of any money or other thing of value

1037 so staked, bet, or wagered upon any such result, or who ~~whoever~~

1038 aids, or assists, or abets, or influences in any manner in any

1039 of such acts ~~all of which are hereby forbidden~~ , commits a felony

1040 of the third degree, punishable as provided in s. 775.082 , or s.

1041 775.083 , or s. 775.084 .

1042 Section 24. Section 849.15, Florida Statutes, is amended to

1043 read:

1044 849.15 Manufacture, sale, possession, etc., of slot

1045 machines or devices prohibited.—

1046 (1) As used in this section, the term:

1047 (a) “Conviction” means a determination of guilt which is

1048 the result of a plea or trial, regardless of whether

1049 adjudication is withheld or a plea of nolo contendere is

1050 entered.

1051 (b) “Part thereof” means any equipment, subassembly, or

1052 other part of a slot machine or device, whether attached to the

1053 slot machine or device or separate therefrom, which was used,

1054 attempted to be used, or intended to be used in connection with

1055 the play or operation of the slot machine or device.

1056 (c) “Person of authority” means a person who, at any

1057 business, establishment, premises, or other location at which a

1058 slot machine or device is offered for play, has:

1059 1. Actual authority to act on behalf of such business,

1060 establishment, premises, or other location; or

1061 2. Any ownership interest in such business, establishment,

1062 premises, or other location. For purposes of this paragraph, the

1063 term “ownership interest” includes an officer, a director, or a

1064 managing member of the business, establishment, premises, or

1065 other location.

1066 (2) It is unlawful:

1067 (a) To manufacture, own, store, keep, possess, sell, rent,

1068 lease, let on shares, lend or give away, transport, or expose

1069 for sale or lease, or to offer to sell, rent, lease, let on

1070 shares, lend or give away, or permit the operation of, or for

1071 any person to permit to be placed, maintained, or used or kept

1072 in any room, space, or building owned, leased or occupied by the

1073 person or under the person’s management or control, any slot

1074 machine or device or any part thereof . ~~; or~~

1075 (b) To make or to permit to be made with any person any

1076 agreement with reference to any slot machine or device, pursuant

1077 to which the user thereof, as a result of any element of chance

1078 or other outcome unpredictable to him or her, may become

1079 entitled to receive any money, credit, allowance, or thing of

1080 value or additional chance or right to use such machine or

1081 device, or to receive any check, slug, token or memorandum

1082 entitling the holder to receive any money, credit, allowance or

1083 thing of value.

1084 (3)(a) Except as provided in paragraphs (b) and (c), a

1085 person who violates subsection (2) commits a misdemeanor of the

1086 first degree, punishable as provided in s. 775.082 or s.

1087 775.083.

1088 (b) A person commits a felony of the third degree,

1089 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,

1090 if he or she violates subsection (2), and:

1091 1. At the time of the violation, the person was a person of

1092 authority; or

1093 2. The person has one prior conviction for a violation of

1094 this section.

1095 (c) A person commits a felony of the second degree,

1096 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,

1097 if he or she violates subsection (2), and:

1098 1.a. At the time of the violation, the person was a person

1099 of authority; and

1100 b. The violation involves five or more slot machines or

1101 devices; or

1102 2. The person has two or more prior convictions for a

1103 violation of this section.

1104 (4) ~~(2)~~ Pursuant to section 2 of that chapter of the

1105 Congress of the United States entitled “An act to prohibit

1106 transportation of gaming devices in interstate and foreign

1107 commerce,” approved January 2, 1951, being ch. 1194, 64 Stat.

1108 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State

1109 of Florida, acting by and through the duly elected and qualified

1110 members of its Legislature, does hereby in this section, and in

1111 accordance with and in compliance with the provisions of section

1112 2 of such chapter of Congress, declare and proclaim that any

1113 county of the State of Florida within which slot machine gaming

1114 is authorized pursuant to chapter 551 is exempt from the

1115 provisions of section 2 of that chapter of the Congress of the

1116 United States entitled “An act to prohibit transportation of

1117 gaming devices in interstate and foreign commerce,” designated

1118 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All

1119 shipments of gaming devices, including slot machines, into any

1120 county of this state within which slot machine gaming is

1121 authorized pursuant to chapter 551 and the registering,

1122 recording, and labeling of which have been duly performed by the

1123 manufacturer or distributor thereof in accordance with sections

1124 3 and 4 of that chapter of the Congress of the United States

1125 entitled “An act to prohibit transportation of gaming devices in

1126 interstate and foreign commerce,” approved January 2, 1951,

1127 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.

1128 ss. 1171-1177, are ~~shall be~~ deemed legal shipments thereof into

1129 this state provided the destination of such shipments is an

1130 eligible facility as defined in s. 551.102 or the facility of a

1131 slot machine manufacturer or slot machine distributor as

1132 provided in s. 551.109(2)(a).

1133 (5) All shipments of legal gaming devices, including legal

1134 slot machines, into Indian lands located within this state are

1135 deemed legal shipments, provided that such Indian lands are held

1136 in federal trust for the benefit of a federally recognized

1137 Indian tribe that is a party to a tribal-state compact with the

1138 state pursuant to the federal Indian Gaming Regulatory Act of

1139 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C. ss. 2701 et seq.

1140 Section 25. Section 849.155, Florida Statutes, is created

1141 to read:

1142 849.155 Trafficking in slot machines, devices, or parts

1143 thereof.—

1144 (1) Any person who knowingly sells, purchases,

1145 manufactures, transports, delivers, or brings into this state

1146 more than 15 slot machines or devices or any parts thereof

1147 commits a felony of the first degree, punishable as provided in

1148 s. 775.082, s. 775.083, or s. 775.084. For purposes of this

1149 section, the term “parts thereof” has the same meaning as in s.

1150 849.15. If the quantity of slot machines or devices or any parts

1151 thereof involved is:

1152 (a) More than 15 slot machines or devices or any parts

1153 thereof, but fewer than 25 slot machines or devices or any parts

1154 thereof, such person must be fined $100,000.

1155 (b) More than 25 slot machines or devices or any parts

1156 thereof, but fewer than 50 slot machines or devices or any parts

1157 thereof, such person must be fined $250,000.

1158 (c) More than 50 slot machines or devices or any parts

1159 thereof or more, such person must be fined $500,000.

1160 (2) Pursuant to section 2 of that chapter of the Congress

1161 of the United States entitled “An act to prohibit transportation

1162 of gaming devices in interstate and foreign commerce,” approved

1163 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also

1164 designated as 15 U.S.C. ss. 1171-1177, relating to

1165 transportation of gambling devices in interstate and foreign

1166 commerce, the State of Florida, acting by and through the duly

1167 elected and qualified members of its Legislature, does hereby in

1168 this section, and in accordance with and in compliance with

1169 section 2 of such chapter of Congress, declare and proclaim that

1170 any county of the State of Florida within which slot machine

1171 gaming is authorized pursuant to chapter 551 is exempt from

1172 section 2 of that chapter of the Congress of the United States

1173 entitled “An act to prohibit transportation of gaming devices in

1174 interstate and foreign commerce,” designated as 15 U.S.C. ss.

1175 1171-1177, approved January 2, 1951. All shipments of slot

1176 machines into any county of this state in which slot machine

1177 gaming is authorized pursuant to chapter 551 and the

1178 registering, recording, and labeling of which have been duly

1179 performed by the manufacturer or distributor thereof in

1180 accordance with sections 3 and 4 of that chapter of the Congress

1181 of the United States entitled “An act to prohibit transportation

1182 of gaming devices in interstate and foreign commerce,” approved

1183 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also

1184 designated as 15 U.S.C. ss. 1171-1177, are deemed legal

1185 shipments thereof into this state, provided the destination of

1186 such shipments is an eligible facility as defined in s. 551.102

1187 or the facility of a slot machine manufacturer or slot machine

1188 distributor as provided in s. 551.109(2)(a).

1189 (3) All shipments of legal gaming devices, including legal

1190 slot machines, onto Indian lands located within this state are

1191 deemed legal shipments thereof, provided that such Indian lands

1192 are held in federal trust for the benefit of a federally

1193 recognized Indian tribe that is a party to a tribal-state

1194 compact with the state pursuant to the federal Indian Gaming

1195 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C.

1196 ss. 2701 et seq.

1198 Notwithstanding any other law, all fines imposed and collected

1199 pursuant to this section shall be deposited into the Pari-mutuel

1200 Wagering Trust Fund to be used by the Florida Gaming Control

1201 Commission for the enforcement of this chapter and chapters 546,

1202 550, and 551.

1203 Section 26. Section 849.157, Florida Statutes, is created

1204 to read:

1205 849.157 Making a false or misleading statement regarding

1206 the legality of slot machines or devices to facilitate sale.—

1207 (1) Except as provided in subsection (2), a person may not

1208 knowingly and willfully make a materially false or misleading

1209 statement or knowingly and willfully disseminate false or

1210 misleading information regarding the legality of a slot machine

1211 or device for the purpose of facilitating the sale or delivery

1212 of such slot machine or device for any money or other thing of

1213 value. A person who violates this subsection commits a felony of

1214 the third degree, punishable as provided in s. 775.082, s.

1215 775.083, or s. 775.084.

1216 (2) A person who violates subsection (1), when such a

1217 violation involves the sale or delivery, or attempted sale or

1218 delivery, of five or more slot machines or devices, commits a

1219 felony of the second degree, punishable as provided in s.

1220 775.082, s. 775.083, or s. 775.084.

1221 Section 27. Section 849.18, Florida Statutes, is amended to

1222 read:

1223 849.18 Disposition of machines upon conviction.—

1224 (1) For any slot machine or device prohibited pursuant to

1225 s. 849.15 which is not destroyed pursuant to s. 849.181, upon a

1226 person entering a plea of guilty or nolo contendere to,

1227 regardless of adjudication, the filing of a nolle prosequi or

1228 upon the successful completion of a diversion program or a

1229 deferred prosecution agreement, the filing of a no-information,

1230 or upon conviction of the person arrested for the violation of

1231 ss. 849.15-849.22 ~~any of the provisions of ss. 849.15-849.23~~ ,

1232 the judge of the court trying the case, after such notice to the

1233 person convicted, and any other person whom the judge may be of

1234 the opinion is entitled to such notice, and as the judge may

1235 deem reasonable, shall issue to the sheriff of the county a

1236 written order adjudging and declaring any such machine,

1237 apparatus or device forfeited, and directing such sheriff to

1238 destroy the same, with the exception of the money. The order of

1239 the court must ~~shall~~ state the time and place and the manner in

1240 which such property must ~~shall~~ be destroyed ~~, and the sheriff~~

1241 ~~shall destroy the same in the presence of the clerk of the~~

1242 ~~circuit court of such county~~ .

1243 (2) For any slot machine or device prohibited pursuant to

1244 s. 849.15 which is not destroyed pursuant to s. 849.181, if no

1245 arrests or criminal charges have been filed against any person

1246 for violations of ss. 849.15-849.22, the Florida Gaming Control

1247 Commission may destroy such seized machine, apparatus, or device

1248 under s. 849.16 if, 60 days after the conclusion of a lawful

1249 investigation, no claim has been filed in any court of competent

1250 jurisdiction for such machine, apparatus, or device.

1251 Section 28. Section 849.181, Florida Statutes, is created

1252 to read:

1253 849.181 Destruction of excess machines.—

1254 (1) It is the intent of the Legislature to protect the

1255 public health, safety, and welfare of the residents of this

1256 state by removing slot machines or devices as defined in s.

1257 849.16 from public circulation and preventing the warehousing of

1258 large quantities of such slot machines or devices.

1259 (2) As used in this section, the term:

1260 (a) “Criminal justice agency” has the same meaning as

1261 provided in s. 943.045.

1262 (b) “Excess slot machines” means more than five slot

1263 machines seized during an investigation.

1264 (c) “Slot machine” has the same meaning as the term “slot

1265 machine or device” as defined in s. 849.16(1) and includes the

1266 definition of “parts thereof” provided in s. 849.15.

1267 (3) Notwithstanding any other law, a criminal justice

1268 agency having custody of excess slot machines may destroy such

1269 slot machines during the pendency of any related legal

1270 proceedings or ongoing criminal investigations, provided that

1271 such criminal justice agency:

1272 (a) Retains at least five slot machines seized during an

1273 investigation until such time as the slot machines may be

1274 destroyed as provided in s. 849.18;

1275 (b) Notifies the appropriate United States Attorney or

1276 assistant United States Attorney, the responsible state or local

1277 prosecutor, or a criminal justice agency conducting a criminal

1278 investigation that the excess slot machines will be destroyed

1279 after 60 days from the date notice is provided, unless the

1280 entity receiving the notice under this paragraph requests in

1281 writing that the criminal justice agency not destroy the excess

1282 slot machines;

1283 (c) Photographs and records on video each excess slot

1284 machine before its destruction to serve as evidentiary exhibits

1285 for use at trial. Each photograph and video recording must

1286 include a written description of the name of the violator of

1287 this chapter, the location where the alleged violation occurred,

1288 the name of the investigating law enforcement officer, the date

1289 the photograph or video recording was taken, and the name of the

1290 photographer or videographer. Such writing must be made under

1291 oath by the investigating law enforcement officer, and the

1292 photograph and video recording must be authenticated by the

1293 photographer’s or videographer’s signature;

1294 (d) Destroys each excess slot machine in the presence of a

1295 law enforcement officer. The law enforcement officer shall

1296 create a written and properly sworn documentation of the date,

1297 time, location, and number of excess slot machines destroyed;

1298 and

1299 (e) Maintains the written and properly sworn documentation

1300 created by the witnessing law enforcement officer pursuant to

1301 paragraph (d) as required under s. 119.021.

1302 (4) In any prosecution for a violation of this chapter, a

1303 photograph and video recording of an excess slot machine

1304 captured and documented pursuant to paragraph (c) may be deemed

1305 competent evidence and may be admissible in the prosecution to

1306 the same extent as if such excess slot machine were introduced

1307 as evidence.

1308 (5) If any provision of this section or its application to

1309 any person or circumstance is held invalid, the invalidity does

1310 not affect other provisions or applications of this section or

1311 chapter which can be given effect without the invalid provision

1312 or application, and to this end the provisions of this section

1313 are severable.

1314 Section 29. Section 849.47, Florida Statutes, is created to

1315 read:

1316 849.47 Transporting or procuring the transportation of

1317 persons to facilitate illegal gambling.—

1318 (1) As used in this section, the term “illegal gambling”

1319 means any criminal violation of this chapter, chapter 546,

1320 chapter 550, or chapter 551 which occurs at any business,

1321 establishment, premises, or other location.

1322 (2) Except as provided in subsection (3), a person who

1323 knowingly and willfully transports, or procures the

1324 transportation of, five or more other persons into or within

1325 this state when he or she knows or reasonably should know that

1326 such transportation is for the purpose of facilitating illegal

1327 gambling, commits a misdemeanor of the first degree, punishable

1328 as provided in s. 775.082 or s. 775.083.

1329 (3)(a) A person who transports, or procures the

1330 transportation of, a minor or a person 65 years of age or older

1331 into or within this state when he or she knows or reasonably

1332 should know that such transportation is for the purpose of

1333 facilitating illegal gambling commits a felony of the third

1334 degree, punishable as provided in s. 775.082, s. 775.083, or s.

1335 775.084.

1336 (b) A person who transports, or procures the transportation

1337 of, 12 or more persons in violation of subsection (2) commits a

1338 felony of the third degree, punishable as provided in s.

1339 775.082, s. 775.083, or s. 775.084.

1340 Section 30. Section 849.48, Florida Statutes, is created to

1341 read:

1342 849.48 Gambling or gaming advertisements; prohibited.—

1343 (1) As used in this section, the term “illegal gambling”

1344 has the same meaning as in s. 849.47(1).

1345 (2)(a) Except as otherwise authorized by law, a person may

1346 not knowingly and intentionally make, publish, disseminate,

1347 circulate, or place before the public, or cause, directly or

1348 indirectly, to be made, published, disseminated, circulated, or

1349 placed before the public in this state, in any manner, whether

1350 in person or by the use, at least in part, of the Internet, any

1351 advertisement, circular, bill, poster, pamphlet, list, schedule,

1352 announcement, or notice for the purpose of promoting or

1353 facilitating illegal gambling.

1354 (b) Except as otherwise authorized by law, a person may not

1355 set up any type or plate for any type of advertisement,

1356 circular, bill, poster, pamphlet, list, schedule, announcement,

1357 or notice when he or she knows or reasonably should know that

1358 such material will be used for the purpose of promoting or

1359 facilitating illegal gambling.

1360 (c) A person who violates this subsection commits:

1361 1. For a first offense, a misdemeanor of the first degree,

1362 punishable as provided in s. 775.082 or s. 775.083.

1363 2. For a second or subsequent offense, a felony of the

1364 third degree, punishable as provided in s. 775.082, s. 775.083,

1365 or s. 775.084.

1366 (3) This section does not prohibit the printing or

1367 producing of any advertisement, circular, bill, poster,

1368 pamphlet, list, schedule, announcement, or notice to be used for

1369 the purpose of promoting or facilitating gambling conducted in

1370 any other state or nation, outside of this state, where such

1371 gambling is not prohibited.

1372 Section 31. Section 849.49, Florida Statutes, is created to

1373 read:

1374 849.49 Preemption.—

1375 (1) The Legislature finds that illegal gambling is a

1376 detriment to public safety and pervasive in local communities

1377 throughout this state. It is the intent of the Legislature that,

1378 in order to preserve the safety and welfare of residents, laws

1379 regarding illegal gambling be enforced uniformly throughout this

1380 state and regardless of local jurisdiction. Any ordinance,

1381 regulation, resolution, rule, or other policy relating to

1382 illegal gambling which is passed by any county, municipality, or

1383 political subdivision commenced or in effect on or after October

1384 1, 2026, is deemed null and void and of no legal force and

1385 effect unless authorized in subsection (2).

1386 (2) A county, municipality, or other political subdivision

1387 of the state may not enact or enforce any ordinance or local

1388 rule relating to gaming, gambling, lotteries, or any activity

1389 described in s. 546.10 or this chapter, except as otherwise

1390 expressly provided by general law, special law, or the State

1391 Constitution. This subsection does not apply to a local land use

1392 or zoning regulation that prohibits gaming, gambling, lotteries,

1393 or any activity described in s. 546.10 or this chapter.

1394 Section 32. Effective July 1, 2026, section 849.51, Florida

1395 Statutes, is created to read:

1396 849.51 Limited Slot Machine Surrender Program.—

1397 (1) The Legislature finds that illegal gaming operations

1398 not only undermine public trust but also expose citizens of this

1399 state to organized criminal conduct, financial exploitation, and

1400 a host of other social harms. Furthermore, the Legislature finds

1401 that certain persons or entities owning, storing, keeping,

1402 possessing, transporting, permitting the operation of, or

1403 otherwise offering illegal gaming devices for play may have been

1404 misled regarding the legality of the otherwise illegal gaming

1405 devices. Therefore, the Legislature finds that there is a

1406 compelling state interest in creating a limited period of time

1407 in which otherwise illegal gaming devices may be surrendered

1408 without penalty to ensure that any unknowing or otherwise

1409 innocent party may avoid criminal prosecution or civil penalty.

1410 (2) There is created within the commission the Limited Slot

1411 Machine Surrender Program. The purpose of the program is to

1412 allow individuals and organizations an opportunity to surrender

1413 or otherwise disclaim any and all interest in any gaming

1414 devices, including, but not limited to, those devices or games

1415 described in ss. 849.09 and 849.16, and devices or games

1416 purported to be authorized by ss. 546.10, 849.0931, 849.094, and

1417 849.14, and convey such gaming devices to the commission. The

1418 surrender of a gaming device pursuant to the program is deemed

1419 irrevocable and final.

1420 (3) Any individual or organization that surrenders a gaming

1421 device to the commission pursuant to the program is immune from

1422 criminal prosecution for a violation of this chapter related to

1423 any of the surrendered devices.

1424 (4) The program shall begin by September 1, 2026, and end

1425 on October 1, 2026.

1426 (5) The commission shall advertise the program no earlier

1427 than 60 days before October 1, 2026.

1428 (6) A person or an entity does not have any right to

1429 property in any of the devices surrendered to the commission

1430 pursuant to this section.

1431 (7) The commission may execute memoranda of understanding

1432 with other criminal justice agencies to administer the program.

1433 Section 33. Present paragraphs (i) through (m) of

1434 subsection (2) of section 903.046, Florida Statutes, are

1435 redesignated as paragraphs (j) through (n), respectively, and a

1436 new paragraph (i) is added to that subsection, to read:

1437 903.046 Purpose of and criteria for bail determination.—

1438 (2) When determining whether to release a defendant on bail

1439 or other conditions, and what that bail or those conditions may

1440 be, the court shall consider:

1441 (i) The amount of currency seized which is connected to or

1442 involved in a violation of chapter 546, chapter 550, chapter

1443 551, or chapter 849.

1444 Section 34. Paragraphs (c), (e), (g), and (h) of subsection

1445 (3) of section 921.0022, Florida Statutes, are amended to read:

1446 921.0022 Criminal Punishment Code; offense severity ranking

1447 chart.—

1448 (3) OFFENSE SEVERITY RANKING CHART

1449 (c) LEVEL 3

1451 FloridaStatute FelonyDegree Description

1452 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.

1453 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.

1454 316.193(2)(b) 3rd Felony DUI, 3rd conviction.

1455 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.

1456 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.

1457 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.

1458 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.

1459 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

1460 327.35(2)(b) 3rd Felony BUI.

1461 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.

1462 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.

1463 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.

1464 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.

1465 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.

1466 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.

1467 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.

1468 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.

1469 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.

1470 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.

1471 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.

1472 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.

1473 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.

1474 697.08 3rd Equity skimming.

1475 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.

1476 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.

1477 800.045(3) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes a lewd or lascivious image.

1478 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.

1479 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.

1480 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.

1481 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older.

1482 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.

1483 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.

1484 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.

1485 812.081(2) 3rd Theft of a trade secret.

1486 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.

1487 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.

1488 817.233 3rd Burning to defraud insurer.

1489 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.

1490 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.

1491 817.236 3rd Filing a false motor vehicle insurance application.

1492 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.

1493 817.413(2) 3rd Sale of used goods of $1,000 or more as new.

1494 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.

1495 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.

1496 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.

1497 836.13(2) 3rd Generating an altered sexual depiction of an identifiable person without consent.

1498 836.13(4) 3rd Promoting, or possessing with intent to promote, an altered sexual depiction of an identifiable person without consent.

1499 838.021(3)(b) 3rd Threatens unlawful harm to public servant.

1500 838.12 3rd Bribery in athletic contests.

1501 847.01385 3rd Harmful communication to a minor.

1502 849.01(2)(a) 3rd Keeping a gambling house.

1503 849.01(3)(b) 3rd Knowingly benefitting from or participating in the operation of a gambling house.

1504 849.02(1)(b) & (2)(a) 3rd Agents or employees of keeper of gambling house.

1505 849.021(3)(a) 3rd Government employee misconduct relating to gambling houses.

1506 849.03(1)(a) 3rd Renting space at a gambling house.

1507 849.08(4) 3rd Internet wagering.

1508 849.086(12)(e) 3rd Manipulating playing cards.

1509 849.09(2) 3rd Illegal lottery.

1510 849.11(2) 3rd Operating or playing games of chance by lot.

1511 849.14 3rd Betting on result of trial or contest of skill.

1512 849.15(3)(b) 3rd Manufacture, sale, possession, etc. of slot machines or devices.

1513 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices.

1514 849.25(2) 3rd Bookmaking.

1515 849.47(3)(a)&(b) 3rd Transporting or procuring transportation of certain persons to facilitate gambling.

1516 849.48(2)(c)2. 3rd Prohibited gambling or gaming advertisements.

1517 860.15(3) 3rd Overcharging for repairs and parts.

1518 870.01(2) 3rd Riot.

1519 870.01(4) 3rd Inciting a riot.

1520 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).

1521 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.

1522 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.

1523 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.

1524 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.

1525 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.

1526 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.

1527 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.

1528 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.

1529 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.

1530 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.

1531 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.

1532 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.

1533 918.13(1) 3rd Tampering with or fabricating physical evidence.

1534 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.

1535 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.

1536 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).

1538 (e) LEVEL 5

1540 FloridaStatute FelonyDegree Description

1541 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.

1542 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.

1543 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.

1544 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.

1545 327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene.

1546 365.172 (14)(b)2. 2nd Misuse of emergency communications system resulting in death.

1547 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.

1548 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.

1549 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.

1550 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.

1551 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.

1552 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.

1553 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.

1554 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.

1555 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.

1556 790.01(3) 3rd Unlawful carrying of a concealed firearm.

1557 790.162 2nd Threat to throw or discharge destructive device.

1558 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.

1559 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.

1560 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.

1561 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.

1562 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.

1563 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.

1564 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.

1565 810.145(4) 3rd Commercial digital voyeurism dissemination.

1566 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.

1567 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.

1568 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.

1569 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.

1570 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.

1571 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.

1572 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.

1573 812.019(1) 2nd Stolen property; dealing in or trafficking in.

1574 812.081(3) 2nd Trafficking in trade secrets.

1575 812.131(2)(b) 3rd Robbery by sudden snatching.

1576 812.16(2) 3rd Owning, operating, or conducting a chop shop.

1577 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.

1578 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.

1579 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.

1580 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.

1581 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.

1582 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.

1583 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.

1584 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.

1585 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.

1586 838.12 3rd Bribery in athletic contests (2nd or subsequent conviction).

1587 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.

1588 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.

1589 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.

1590 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.

1591 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.

1592 849.01(2)(b) 2nd Keeping a gambling house (2nd or subsequent offense).

1593 849.02(1)(c)&(2)(b) 2nd Agents or employees of keeper of gambling house (2nd or subsequent offense).

1594 849.021(3)(b) 2nd Government employee misconduct relating to gambling houses (2nd or subsequent offense).

1595 849.03(1)(b) 2nd Renting space at a gambling house (2nd or subsequent offense).

1596 849.08(4) 2nd Operating, conducting, promoting, aiding, assisting, abetting, influencing Internet gambling and Internet sports wagering (2nd or subsequent conviction).

1597 849.086(12)(e) 2nd Tampering with cards or card games (2nd or subsequent conviction).

1598 849.11(2) 2nd Offenses related to games of chance (2nd or subsequent conviction).

1599 849.14 2nd Betting on result of trial or contest of skill (2nd or subsequent conviction).

1600 849.15(3)(c) 2nd Manufacture, sale, possession, etc. of slot machines or devices.

1601 849.47(3)(a)&(b) 2nd Transporting persons to facilitate illegal gambling; minor, person 65 years of age or older, or 12 or more persons (2nd or subsequent conviction).

1602 849.48(2)(c)2. 2nd Prohibited gambling or gaming advertisements (2nd or subsequent offense).

1603 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.

1604 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.

1605 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).

1606 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.

1607 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.

1608 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.

1609 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.

1610 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.

1611 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.

1614 (g) LEVEL 7

1616 FloridaStatute FelonyDegree Description

1617 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.

1618 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.

1619 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.

1620 327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious bodily injury.

1621 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.

1622 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.

1623 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.

1624 456.065(2) 3rd Practicing a health care profession without a license.

1625 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.

1626 458.327(1) 3rd Practicing medicine without a license.

1627 459.013(1) 3rd Practicing osteopathic medicine without a license.

1628 460.411(1) 3rd Practicing chiropractic medicine without a license.

1629 461.012(1) 3rd Practicing podiatric medicine without a license.

1630 462.17 3rd Practicing naturopathy without a license.

1631 463.015(1) 3rd Practicing optometry without a license.

1632 464.016(1) 3rd Practicing nursing without a license.

1633 465.015(2) 3rd Practicing pharmacy without a license.

1634 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.

1635 467.201 3rd Practicing midwifery without a license.

1636 468.366 3rd Delivering respiratory care services without a license.

1637 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.

1638 483.901(7) 3rd Practicing medical physics without a license.

1639 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.

1640 484.053 3rd Dispensing hearing aids without a license.

1641 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.

1642 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.

1643 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.

1644 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.

1645 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.

1646 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.

1647 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.

1648 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.

1649 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).

1650 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).

1651 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).

1652 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.

1653 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.

1654 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.

1655 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.

1656 784.048(7) 3rd Aggravated stalking; violation of court order.

1657 784.07(2)(d) 1st Aggravated battery on law enforcement officer.

1658 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.

1659 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.

1660 784.081(1) 1st Aggravated battery on specified official or employee.

1661 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.

1662 784.083(1) 1st Aggravated battery on code inspector.

1663 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense.

1664 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction.

1665 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.

1666 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.

1667 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).

1668 790.16(1) 1st Discharge of a machine gun under specified circumstances.

1669 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.

1670 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.

1671 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.

1672 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.

1673 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.

1674 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.

1675 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.

1676 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.

1677 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.

1678 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.

1679 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.

1680 806.01(2) 2nd Maliciously damage structure by fire or explosive.

1681 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.

1682 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.

1683 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.

1684 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.

1685 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.

1686 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.

1687 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.

1688 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.

1689 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.

1690 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.

1691 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

1692 812.131(2)(a) 2nd Robbery by sudden snatching.

1693 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.

1694 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.

1695 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.

1696 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.

1697 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.

1698 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.

1699 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.

1700 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.

1701 817.535(2)(a) 3rd Filing false lien or other unauthorized document.

1702 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.

1703 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.

1704 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.

1705 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.

1706 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.

1707 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.

1708 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.

1709 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.

1710 838.015 2nd Bribery.

1711 838.016 2nd Unlawful compensation or reward for official behavior.

1712 838.021(3)(a) 2nd Unlawful harm to a public servant.

1713 838.22 2nd Bid tampering.

1714 843.0855(2) 3rd Impersonation of a public officer or employee.

1715 843.0855(3) 3rd Unlawful simulation of legal process.

1716 843.0855(4) 3rd Intimidation of a public officer or employee.

1717 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.

1718 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.

1719 849.01(4) 2nd Keeping a gambling house; great bodily harm, permanent disability, or permanent disfigurement.

1720 849.157(2) 2nd False or misleading statement to facilitate sale of 5 or more slot machines or devices.

1721 872.06 2nd Abuse of a dead human body.

1722 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.

1723 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.

1724 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.

1725 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.

1726 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.

1727 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.

1728 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.

1729 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.

1730 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.

1731 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.

1732 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.

1733 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.

1734 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.

1735 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.

1736 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.

1737 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.

1738 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.

1739 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

1740 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

1741 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.

1742 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.

1743 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.

1744 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.

1745 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.

1746 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.

1747 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.

1748 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.

1749 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.

1750 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.

1751 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

1752 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.

1753 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.

1754 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.

1755 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

1756 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.

1757 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.

1758 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

1759 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.

1762 (h) LEVEL 8

1764 FloridaStatute FelonyDegree Description

1765 316.193 (3)(c)3.a. 2nd DUI manslaughter.

1766 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.

1767 327.35 (3)(a)3.c.(I) 2nd Vessel BUI manslaughter.

1768 499.0051(6) 1st Knowing trafficking in contraband prescription drugs.

1769 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.

1770 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.

1771 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.

1772 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.

1773 777.03(2)(a) 1st Accessory after the fact, capital felony.

1774 782.04(3) 1st Killing of a human being during the attempt or perpetration of certain felonies.

1775 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.

1776 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).

1777 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.

1778 782.071(1)(c) 1st Vehicular homicide with a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide.

1779 782.072(2)(b) 1st Committing vessel homicide and failing to render aid or give information.

1780 782.072(3) 1st Vessel homicide with a prior conviction for DUI manslaughter, BUI manslaughter, vehicular homicide, or vessel homicide.

1781 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.

1782 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.

1783 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.

1784 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.

1785 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.

1786 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.

1787 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.

1788 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.

1789 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.

1790 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.

1791 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.

1792 800.04(4)(b) 2nd Lewd or lascivious battery.

1793 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.

1794 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.

1795 810.02(2)(a) 1st,PBL Burglary with assault or battery.

1796 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.

1797 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.

1798 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.

1799 812.015(11)(b) 1st Retail theft; possession of a firearm during commission of offense.

1800 812.13(2)(b) 1st Robbery with a weapon.

1801 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.

1802 817.418(2)(b) 2nd Offering for sale or advertising personal protective equipment with intent to defraud; second or subsequent offense.

1803 817.504(1)(b) 2nd Offering or advertising a vaccine with intent to defraud; second or subsequent offense.

1804 817.505(4)(c) 1st Patient brokering; 20 or more patients.

1805 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.

1806 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.

1807 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.

1808 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.

1809 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.

1810 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.

1811 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.

1812 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.

1813 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.

1814 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.

1815 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.

1816 849.155 1st Trafficking in slot machines or devices.

1817 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.

1818 860.16 1st Aircraft piracy.

1819 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

1820 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

1821 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

1822 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.

1823 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.

1824 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.

1825 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams.

1826 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.

1827 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.

1828 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.

1829 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.

1830 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.

1831 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.

1832 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.

1833 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.

1834 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.

1835 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.

1836 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.

1837 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.

1838 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.

1839 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.

1840 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.

1841 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.

1842 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.

1845 Section 35. Paragraph (a) of subsection (1) and paragraph

1846 (a) of subsection (2) of section 772.102, Florida Statutes, are

1847 amended to read:

1848 772.102 Definitions.—As used in this chapter, the term:

1849 (1) “Criminal activity” means to commit, to attempt to

1850 commit, to conspire to commit, or to solicit, coerce, or

1851 intimidate another person to commit:

1852 (a) Any crime that is chargeable by indictment or

1853 information under the following provisions:

1854 1. Section 210.18, relating to evasion of payment of

1855 cigarette taxes.

1856 2. Section 414.39, relating to public assistance fraud.

1857 3. Section 440.105 or s. 440.106, relating to workers’

1858 compensation.

1859 4. Part IV of chapter 501, relating to telemarketing.

1860 5. Chapter 517, relating to securities transactions.

1861 6. Section 550.235 or s. 550.3551, relating to dogracing

1862 and horseracing.

1863 7. Chapter 550, relating to jai alai frontons.

1864 8. Chapter 552, relating to the manufacture, distribution,

1865 and use of explosives.

1866 9. Chapter 562, relating to beverage law enforcement.

1867 10. Section 624.401, relating to transacting insurance

1868 without a certificate of authority, s. 624.437(4)(c)1., relating

1869 to operating an unauthorized multiple-employer welfare

1870 arrangement, or s. 626.902(1)(b), relating to representing or

1871 aiding an unauthorized insurer.

1872 11. Chapter 687, relating to interest and usurious

1873 practices.

1874 12. Section 721.08, s. 721.09, or s. 721.13, relating to

1875 real estate timeshare plans.

1876 13. Chapter 782, relating to homicide.

1877 14. Chapter 784, relating to assault and battery.

1878 15. Chapter 787, relating to kidnapping or human

1879 trafficking.

1880 16. Chapter 790, relating to weapons and firearms.

1881 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,

1882 relating to prostitution.

1883 18. Chapter 806, relating to arson.

1884 19. Section 810.02(2)(c), relating to specified burglary of

1885 a dwelling or structure.

1886 20. Chapter 812, relating to theft, robbery, and related

1887 crimes.

1888 21. Chapter 815, relating to computer-related crimes.

1889 22. Chapter 817, relating to fraudulent practices, false

1890 pretenses, fraud generally, and credit card crimes.

1891 23. Section 827.071, relating to commercial sexual

1892 exploitation of children.

1893 24. Chapter 831, relating to forgery and counterfeiting.

1894 25. Chapter 832, relating to issuance of worthless checks

1895 and drafts.

1896 26. Section 836.05, relating to extortion.

1897 27. Chapter 837, relating to perjury.

1898 28. Chapter 838, relating to bribery and misuse of public

1899 office.

1900 29. Chapter 843, relating to obstruction of justice.

1901 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or

1902 s. 847.07, relating to obscene literature and profanity.

1903 31. Section 849.09, s. 849.14, s. 849.15, ~~s. 849.23,~~ or s.

1904 849.25, relating to gambling.

1905 32. Chapter 893, relating to drug abuse prevention and

1906 control.

1907 33. Section 914.22 or s. 914.23, relating to witnesses,

1908 victims, or informants.

1909 34. Section 918.12, s. 918.125, or s. 918.13, relating to

1910 tampering with or harassing court officials, retaliating against

1911 court officials, and tampering with evidence.

1912 (2) “Unlawful debt” means any money or other thing of value

1913 constituting principal or interest of a debt that is legally

1914 unenforceable in this state in whole or in part because the debt

1915 was incurred or contracted:

1916 (a) In violation of any one of the following provisions of

1917 law:

1918 1. Section 550.235 or s. 550.3551, relating to dogracing

1919 and horseracing.

1920 2. Chapter 550, relating to jai alai frontons.

1921 3. Section 687.071, relating to criminal usury and loan

1922 sharking.

1923 4. Section 849.09, s. 849.14, s. 849.15, ~~s. 849.23,~~ or s.

1924 849.25, relating to gambling.

1925 Section 36. Section 849.17, Florida Statutes, is amended to

1926 read:

1927 849.17 Confiscation of machines by arresting officer.—Upon

1928 the arrest of any person charged with the violation of ss.

1929 849.15-849.22, ~~any of the provisions of ss. 849.15-849.23~~ the

1930 arresting officer shall take into his or her custody any such

1931 machine, apparatus or device, and its contents, and the

1932 arresting agency, at the place of seizure, shall make a complete

1933 and correct list and inventory of all such things so taken into

1934 his or her custody, and deliver to the person from whom such

1935 article or articles may have been seized, a true copy of the

1936 list of all such articles. The arresting agency shall retain all

1937 evidence seized and shall have the same forthcoming at any

1938 investigation, prosecution , or other proceedings , incident to

1939 charges of violation of ss. 849.15-849.22 ~~any of the provisions~~

1940 ~~of ss. 849.15-849.23~~ .

1941 Section 37. Section 849.18, Florida Statutes, is amended to

1942 read:

1943 849.18 Disposition of machines upon conviction.—Upon

1944 conviction of the person arrested for the violation of ss.

1945 849.15-849.22 ~~any of the provisions of ss. 849.15-849.23~~ , the

1946 judge of the court trying the case, after such notice to the

1947 person convicted, and any other person whom the judge may be of

1948 the opinion is entitled to such notice, and as the judge may

1949 deem reasonable, shall issue to the sheriff of the county a

1950 written order adjudging and declaring any such machine,

1951 apparatus or device forfeited, and directing such sheriff to

1952 destroy the same, with the exception of the money. The order of

1953 the court must ~~shall~~ state the time and place and the manner in

1954 which such property must ~~shall~~ be destroyed, and the sheriff

1955 shall destroy the same in the presence of the clerk of the

1956 circuit court of such county.

1957 Section 38. Section 849.20, Florida Statutes, is amended to

1958 read:

1959 849.20 Machines and devices declared nuisance; place of

1960 operation subject to lien for fine.—Any room, house, building,

1961 boat, vehicle, structure , or place wherein any machine or

1962 device, or any part thereof, the possession, operation , or use

1963 of which is prohibited by ss. 849.15-849.22 ~~ss. 849.15-849.23~~ ,

1964 must ~~shall~~ be maintained or operated, and each of such machines

1965 or devices, is declared to be a common nuisance. If a person has

1966 knowledge, or reason to believe, that his or her room, house,

1967 building, boat, vehicle, structure , or place is occupied or used

1968 in violation of ss. 849.15-849.22 ~~the provisions of ss. 849.15~~

1969 ~~849.23~~ and by acquiescence or consent suffers the same to be

1970 used, such room, house, building, boat, vehicle, structure , or

1971 place is ~~shall be~~ subject to a lien for and may be sold to pay

1972 all fines or costs assessed against the person guilty of such

1973 nuisance, for such violation, and the several state attorneys

1974 shall enforce such lien in the courts of this state having

1975 jurisdiction.

1976 Section 39. Section 849.21, Florida Statutes, is amended to

1977 read:

1978 849.21 Injunction to restrain violation.—An action to

1979 enjoin any nuisance as herein defined may be brought by any

1980 person in the courts of equity in this state. If it is made to

1981 appear by affidavit or otherwise, to the satisfaction of the

1982 court, or judge in vacation, that such nuisance exists, a

1983 temporary writ of injunction shall forthwith issue restraining

1984 the defendant from conducting or permitting the continuance of

1985 such nuisance until the conclusion of the action. Upon

1986 application of the complainant in such a proceeding, the court

1987 or judge may also enter an order restraining the defendant and

1988 all other persons from removing, or in any way interfering with

1989 the machines or devices or other things used in connection with

1990 the violation of ss. 849.15-849.22 ~~ss. 849.15-849.23~~

1991 constituting such a nuisance. A No bond is not ~~shall be~~ required

1992 in instituting such proceedings.

1993 Section 40. Section 849.22, Florida Statutes, is amended to

1994 read:

1995 849.22 Fees of clerk of circuit court and sheriff.—The

1996 clerks of the courts and the sheriffs performing duties under

1997 ss. 849.15-849.22 ~~the provisions of ss. 849.15-849.23~~ shall

1998 receive the same fees as prescribed by general law for the

1999 performance of similar duties, and such fees must ~~shall~~ be paid

2000 out of the fine and forfeiture fund of the county as costs are

2001 paid upon conviction of an insolvent person.

2002 Section 41. Paragraph (a) of subsection (12) of section

2003 895.02, Florida Statutes, is amended to read:

2004 895.02 Definitions.—As used in ss. 895.01-895.08, the term:

2005 (12) “Unlawful debt” means any money or other thing of

2006 value constituting principal or interest of a debt that is

2007 legally unenforceable in this state in whole or in part because

2008 the debt was incurred or contracted:

2009 (a) In violation of any one of the following provisions of

2010 law:

2011 1. Section 550.235 or s. 550.3551, relating to dogracing

2012 and horseracing.

2013 2. Chapter 550, relating to jai alai frontons.

2014 3. Section 551.109, relating to slot machine gaming.

2015 4. Chapter 687, relating to interest and usury.

2016 5. Section 849.09, s. 849.14, s. 849.15, ~~s. 849.23,~~ or s.

2017 849.25, relating to gambling.

2018 Section 42. Except as otherwise expressly provided in this

2019 act and except for this section, which shall take effect July 1,

2020 2026, this act shall take effect October 1, 2026.