SESSION WATCH
THE BILL ITSELF

CS/CS/CS/HB 189

Gambling

VERSION H 189 c3 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

1 A bill to be entitled
2 An act relating to gambling; amending s. 16.712, F.S.;
3 revising the contents of an annual report by the
4 Florida Gaming Control Commission; amending s. 16.713,
5 F.S.; prohibiting certain appointment or employment
6 for a specified period before or during service with
7 the commission; amending s. 16.715, F.S.; revising
8 standards of conduct for the commission; prohibiting
9 certain post-employment activities for former
10 commissioners and employees for a specified period;
11 amending s. 20.055, F.S.; revising the definition of
12 the term "agency head"; requiring the Florida Gaming
13 Control Commission's agency head to appoint an
14 inspector general; amending s. 546.10, F.S.;
15 authorizing certain organizations to petition the
16 commission before purchasing, installing, or operating
17 a game or machine on their premises before petitioning
18 for and being issued a specified declaratory statement
19 from the commission if the organizations are unsure if
20 such game or machine is an amusement machine;
21 prohibiting such organizations from purchasing or
22 installing a game or machine until an outstanding
23 declaratory statement is issued; prohibiting such
24 organizations from seeking a declaratory statement if
25 the game or machine in question is the subject of a
26 criminal investigation; authorizing petitions to be
27 denied for specified grounds; requiring the commission
28 to issue a declaratory statement within a specified
29 timeframe; prohibiting the commission from denying a
30 petition if it was validly requested; specifying the
31 information that must be included in a request for a
32 declaratory statement; providing that the declaratory
33 statement is valid only for the game or machine for
34 which it is requested; providing that the declaratory
35 statement is invalid if the specifications for the
36 game or machine have been changed; providing that the
37 declaratory statement is binding on the commission and
38 may be introduced as evidence in subsequent
39 proceedings; providing construction; amending s.
40 550.002, F.S.; revising the definition of the term
41 "ultimate equitable owner"; amending s. 550.054, F.S.;
42 revising when commission approval is needed for
43 transfers of stock or other evidence of ownership of
44 certain pari-mutuel permitholders; amending s.
45 550.09512, F.S.; removing provisions requiring
46 reissuance of escheated harness horse permits;
47 amending s. 550.09515, F.S.; prohibiting reissuance of
48 horse permits to certain permitholders who do not pay
49 tax on handle for live races for a specified period;
50 removing provisions requiring reissuance of escheated
51 horse permits; amending s. 838.12, F.S.; prohibiting
52 betting on athletic contests with knowledge that the
53 results are prearranged or predetermined; providing
54 criminal penalties; amending s. 849.01, F.S.; revising
55 criminal penalties for offenses involving keeping a
56 gambling house; amending s. 849.02, F.S.; increasing
57 criminal penalties for specified offenses by agents or
58 employees of a keeper of a gambling house; creating s.
59 849.021, F.S.; defining the terms "government
60 employee" and "political subdivision"; providing that
61 government emloyees who take certain actions relating
62 to gaming houses are subject to specified punishment;
63 providing an exception; creating s. 849.023, F.S.;
64 providing definitions; providing that certain
65 violations of law may result in the loss of specified
66 licenses or denial of application; authorizing
67 licensees to retain, apply for, and be reissued a
68 license in specified circumstances; providing
69 additional penalties; amending s. 849.03, F.S.;
70 revising criminal penalties for offenses involving
71 renting a house for gambling purposes; amending s.
72 849.08, F.S.; providing definitions; prohibiting
73 Internet gambling and Internet sports wagering and
74 related offenses; providing criminal penalties;
75 providing an exceptions; amending s. 849.086, F.S.;
76 prohibiting specified actions relating to the
77 manipulation of card games; providing criminal
78 penalties; creating s. 849.0932, F.S.; defining the
79 term "fantasy sports contest"; requiring such contests
80 to meet specified requirements; providing penalties
81 for violations; authorizing the commission to
82 investigate and refer violations for prosecution;
83 authorizing enforcement actions by the Attorney
84 General and state attorneys; providing criminal
85 penalties for certain violations; amending s. 849.11,
86 F.S.; prohibiting certain offenses relating to games
87 of chance; providing criminal penalties; amending s.
88 849.13, F.S.; providing enhanced criminal penalties
89 for second or subsequent violations of certain
90 provisions; amending s. 849.14, F.S.; revising
91 criminal penalties for betting or wagering on certain
92 activities; repealing s. 849.142, F.S., relating to
93 exempted activities; amending s. 849.15, F.S.;
94 providing definitions; providing criminal penalties
95 for specified offenses relating to the manufacture,
96 possession, and sale of slot machines or devices;
97 creating s. 849.155, F.S.; prohibiting trafficking in
98 slot machines, devices, or part thereof; defining the
99 term "part thereof"; providing criminal penalties;
100 providing for the deposit of fines into a specified
101 trust fund for specified purposes; creating s.
102 849.157, F.S.; prohibiting the making of a false or
103 misleading statement regarding the legality of slot
104 machines or devices for specified purposes; providing
105 criminal penalties; creating s. 849.181; providing
106 legislative intent; providing definitions; authorizing
107 criminal justice agencies to destroy excess slot
108 machines after meeting certain requirements; providing
109 that certain recordings are deemed to be competent
110 evidence in certain circumstances; providing for
111 severability; repealing s. 849.23, F.S., relating to
112 penalties for violations of specified provisions;
113 creating s. 849.47, F.S.; defining the term "illegal
114 gambling"; prohibiting the transportation of specified
115 numbers of persons or persons of certain ages, for the
116 purpose of facilitating illegal gambling; providing
117 criminal penalties; creating s. 849.48, F.S.; defining
118 the term "illegal gambling"; prohibiting specified
119 gambling or gaming advertisements; providing criminal
120 penalties; providing construction; creating s. 849.49,
121 F.S.; prohibiting specified political subdivisions
122 from enacting or enforcing certain ordinances and
123 rules; creating s. 849.50, F.S.; providing legislative
124 findings; authorizing the Florida Gaming Control
125 Commission to take certain actions relating to a
126 statewide program for a specified purpose; providing
127 that persons who participate in the program shall not
128 face criminal prosecution in certain circumstances;
129 requiring the program be begin and end at specified
130 times; requiring the commission to advertise the
131 program in a specified manner; providing construction;
132 authorizing the commission to execute memorandums of
133 understanding with specified agencies for a certain
134 purpose; amending s. 903.046, F.S.; revising the
135 factors a court shall consider when making specified
136 determinations; amending s. 921.0022, F.S.; ranking
137 offenses for purposes of the offense severity ranking
138 chart of the Criminal Punishment Code; amending ss.
139 16.71, 772.102, and 895.02, F.S.; conforming
140 provisions to changes made by the act; providing an
141 effective date.
143 Be It Enacted by the Legislature of the State of Florida:
145 Section 1. Present paragraph (i) of subsection (3) of
146 section 16.712, Florida Statutes, is redesignated as paragraph
147 (k), new paragraphs (i) and (j) are added to that subsection,
148 and paragraph (h) of that subsection is amended, to read:
149 16.712 Florida Gaming Control Commission authorizations,
150 duties, and responsibilities.—
151 (3) By December 1 of each year, the commission shall make
152 an annual report to the Governor, the President of the Senate,
153 and the Speaker of the House of Representatives. The report
154 must, at a minimum, include all of the following:
155 (h) A summary of actions taken and investigations
156 conducted by the commission, including the number of
157 investigations that led to criminal charges or any information
158 being filed and the resolution of such criminal charges or case.
159 (i) The number of complaints received by the commission
160 categorized by subject matter or the type of complaint and a
161 summary of the action taken on each complaint by the commission.
162 (j) A list of property seized by the commission during the
163 course of investigations, and the disposition of such property,
164 including a list of forfeiture actions. Section 2. Paragraphs (a) and (b) of subsection (2) of
166 section 16.713, Florida Statutes, are amended to read:
167 16.713 Florida Gaming Control Commission; appointment and
168 employment restrictions.—
169 (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
170 INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
171 COMMISSION.—
172 (a) A person may not, for the 2 years immediately
173 preceding the date of appointment to or employment with the
174 commission and while appointed to or employed with the
175 commission:
176 1. Hold a permit or license issued under chapter 550 or a
177 license issued under chapter 551 or chapter 849; be an officer,
178 official, or employee of such permitholder or licensee; or be an
179 ultimate equitable owner, as defined in s. 550.002(37), of such
180 permitholder or licensee;
181 2. Be an officer, official, employee, or other person with
182 duties or responsibilities relating to a gaming operation owned
183 by an Indian tribe that has a valid and active compact with the
184 state; be a contractor or subcontractor of such tribe or an
185 entity employed, licensed, or contracted by such tribe; or be an
186 ultimate equitable owner, as defined in s. 550.002(37), of such
187 entity;
188 3. Be a registered lobbyist for the executive or
189 legislative branch, except while a commissioner or employee of
190 the commission when officially representing the commission or
191 unless the person registered as a lobbyist for the executive or
192 legislative branch while employed by a state agency as defined
193 in s. 110.107 during the normal course of his or her employment
194 with such agency and he or she has not lobbied on behalf of any
195 entity other than a state agency during the 2 years immediately
196 preceding the date of his or her appointment to or employment
197 with the commission; or
198 4. Be a bingo game operator or an employee of a bingo game
199 operator; or
200 5. Be an employee, associate, owner, or contractor for any
201 person or entity that conducts or facilitates an activity
202 regulated, enforced, or investigated by the commission,
203 including fantasy sports contests and other betting activities.
204 (b) A person is ineligible for appointment to or
205 employment with the commission if, within the 2 years
206 immediately preceding such appointment or employment, he or she
207 violated paragraph (a) or solicited or accepted employment with,
208 acquired any direct or indirect interest in, or had any direct
209 or indirect business association, partnership, or financial
210 relationship with, or is a relative of:
211 1. Any person or entity who is an applicant, licensee, or
212 registrant with the commission; or
213 2. Any officer, official, employee, or other person with
214 duties or responsibilities relating to a gaming operation owned
215 by an Indian tribe that has a valid and active compact with the
216 state; any contractor or subcontractor of such tribe or an
217 entity employed, licensed, or contracted by such tribe; or any
218 ultimate equitable owner, as defined in s. 550.002(37), of such
219 entity; or
220 3. Any person or entity that conducts or facilitates an
221 activity regulated, enforced, or investigated by the commission,
222 including fantasy sports contests and other betting activities.
224 For the purposes of this subsection, the term "relative" means a
225 spouse, father, mother, son, daughter, grandfather, grandmother,
226 brother, sister, uncle, aunt, cousin, nephew, niece, father-in-
227 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
228 sister-in-law, stepfather, stepmother, stepson, stepdaughter,
229 stepbrother, stepsister, half brother, or half sister. Section 3. Paragraph (b) of subsection (1) and paragraphs
231 (b) and (c) of subsection (2) of section 16.715, Florida
232 Statutes, are amended to read:
233 16.715 Florida Gaming Control Commission standards of
234 conduct; ex parte communications.—
235 (1) STANDARDS OF CONDUCT.—
236 (b)1. A commissioner or employee of the commission may not
237 accept anything from any business entity that, either directly
238 or indirectly, owns or controls any person regulated by the
239 commission or from any business entity that, either directly or
240 indirectly, is an affiliate or subsidiary of any person
241 regulated by the commission.
242 2. A commissioner or an employee may attend conferences,
243 along with associated meals and events that are generally
244 available to all conference participants, without payment of any
245 fees in addition to the conference fee. Additionally, while
246 attending a conference, a commissioner or an employee may attend
247 meetings, meals, or events that are not sponsored, in whole or
248 in part, by any representative of any person regulated by the
249 commission and that are limited to commissioners or employees
250 only, committee members, or speakers if the commissioner or
251 employee is a member of a committee of the association of
252 regulatory agencies which organized the conference or is a
253 speaker at the conference. It is not a violation of this
254 subparagraph for a commissioner or an employee to attend a
255 conference for which conference participants who are employed by
256 a person regulated by the commission have paid a higher
257 conference registration fee than the commissioner or employee,
258 or to attend a meal or event that is generally available to all
259 conference participants without payment of any fees in addition
260 to the conference fee and that is sponsored, in whole or in
261 part, by a person regulated by the commission.
262 3. While employed, and for 2 years after service as a
263 commissioner or for 2 years after employment with the
264 commission, a commissioner or an employee may not accept any
265 form of employment with or engage in any business activity with
266 any business entity that, either directly or indirectly, owns or
267 controls any person regulated by the commission; any person
268 regulated by the commission; or any business entity that, either
269 directly or indirectly, is an affiliate or subsidiary of any
270 person regulated by the commission; or be an employee,
271 associate, owner, or contractor for any person or entity that
272 conducts or facilitates an activity regulated, enforced, or
273 investigated by the commission, including fantasy sports
274 contests and other betting activities.
275 4. While employed, and for 2 years after service as a
276 commissioner or for 2 years after employment with the
277 commission, a commissioner, an employee, or a relative living in
278 the same household as a commissioner or an employee may not have
279 any financial interest, other than shares in a mutual fund, in
280 any person regulated by the commission; in any business entity
281 that, either directly or indirectly, owns or controls any person
282 regulated by the commission; or in any business entity that,
283 either directly or indirectly, is an affiliate or a subsidiary
284 of any person regulated by the commission; or be an employee,
285 associate, owner, or contractor for any person or entity that
286 conducts or facilitates an activity regulated, enforced, or
287 investigated by the commission, including fantasy sports
288 contests and other betting activities. If a commissioner, an
289 employee, or a relative living in the same household as a
290 commissioner or an employee acquires any financial interest
291 prohibited by this subsection during the commissioner's term of
292 office or the employee's employment with the commission as a
293 result of events or actions beyond the commissioner's, the
294 employee's, or the relative's control, he or she shall
295 immediately sell such financial interest. For the purposes of
296 this subsection, the term "relative" has the same meaning as in
297 s. 16.713(2)(b).
298 5. A commissioner or an employee may not accept anything
299 from a party in a proceeding currently pending before the
300 commission.
301 6. A commissioner may not serve as the representative of
302 any political party or on any executive committee or other
303 governing body of a political party; serve as an executive
304 officer or employee of any political party, committee,
305 organization, or association; receive remuneration for
306 activities on behalf of any candidate for public office; engage
307 on behalf of any candidate for public office in the solicitation
308 of votes or other activities on behalf of such candidacy; or
309 become a candidate for election to any public office without
310 first resigning from office.
311 7. A commissioner, during his or her term of office, may
312 not make any public comment regarding the merits of any
313 proceeding under ss. 120.569 and 120.57 currently pending before
314 the commission.
315 8. A commissioner or an employee may not act in an
316 unprofessional manner at any time during the performance of
317 official duties.
318 9. A commissioner or an employee must avoid impropriety in
319 all activities and must act at all times in a manner that
320 promotes public confidence in the integrity and impartiality of
321 the commission.
322 10. A commissioner or an employee may not directly or
323 indirectly, through staff or other means, solicit anything of
324 value from any person regulated by the commission, or from any
325 business entity that, whether directly or indirectly, is an
326 affiliate or a subsidiary of any person regulated by the
327 commission, or from any party appearing in a proceeding
328 considered by the commission in the last 2 years.
329 11. A commissioner may not lobby the Governor or any
330 agency of the state, members or employees of the Legislature, or
331 any county or municipal government or governmental agency except
332 to represent the commission in an official capacity.
333 (2) FORMER COMMISSIONERS AND EMPLOYEES.—
334 (b) A commissioner, the executive director, or an employee
335 of the commission may not, for the 2 years immediately following
336 the date of resignation or termination from the commission:
337 1. Hold a permit or license issued under chapter 550, or a
338 license issued under chapter 551 or chapter 849; be an officer,
339 official, or employee of such permitholder or licensee; or be an
340 ultimate equitable owner, as defined in s. 550.002(37), of such
341 permitholder or licensee; or be an employee, associate, owner,
342 or contractor for any person or entity that conducts or
343 facilitates an activity regulated, enforced, or investigated by
344 the commission, including fantasy sports contests and other
345 betting activities;
346 2. Accept employment by or compensation from a business
347 entity that, directly or indirectly, owns or controls a person
348 regulated by the commission; from a person regulated by the
349 commission; from a business entity which, directly or
350 indirectly, is an affiliate or subsidiary of a person regulated
351 by the commission; or from a business entity or trade
352 association that has been a party to a commission proceeding
353 within the 2 years preceding the member's resignation or
354 termination of service on the commission; or from any person or
355 entity that conducts or facilitates an activity regulated,
356 enforced, or investigated by the commission, including fantasy
357 sports contests and other betting activities; or
358 3. Be a bingo game operator or an employee of a bingo game
359 operator.
360 (c) A person employed by the commission may not, for the 2
361 years immediately following the date of termination or
362 resignation from employment with the commission:
363 1. Hold a permit or license issued under chapter 550, or a
364 license issued under chapter 551 or chapter 849; be an officer,
365 official, or employee of such permitholder or licensee; or be an
366 ultimate equitable owner, as defined in s. 550.002(37), of such
367 permitholder or licensee; or be an employee, associate, owner,
368 or contractor for any person or entity that conducts or
369 facilitates an activity regulated, enforced, or investigated by
370 the commission, including fantasy sports contests and other
371 betting activities; or
372 2. Be a bingo game operator or an employee of a bingo game
373 operator.
374 Section 4. Paragraph (a) of subsections (1) and paragraph
375 (a) of subsection (3) of section 20.055, Florida Statutes, are
376 amended to read:
377 20.055 Agency inspectors general.—
378 (1) As used in this section, the term:
379 (a) "Agency head" means the Governor, a Cabinet officer,
380 or a secretary or executive director as those terms are defined
381 in s. 20.03, the chair of the Public Service Commission, the
382 Director of the Office of Insurance Regulation of the Financial
383 Services Commission, the Director of the Office of Financial
384 Regulation of the Financial Services Commission, the board of
385 directors of the Florida Housing Finance Corporation, the
386 commissioners chair of the Florida Gaming Control Commission,
387 and the Chief Justice of the State Supreme Court.
388 (3)(a)1. For state agencies under the jurisdiction of the
389 Cabinet or the Governor and Cabinet, or for the Florida Gaming
390 Control Commission, the inspector general shall be appointed by
391 the agency head. For state agencies under the jurisdiction of
392 the Governor, the inspector general shall be appointed by the
393 Chief Inspector General. The agency head or Chief Inspector
394 General shall notify the Governor in writing of his or her
395 intention to hire the inspector general at least 7 days before
396 an offer of employment. The inspector general shall be appointed
397 without regard to political affiliation.
398 2. Within 60 days after a vacancy or anticipated vacancy
399 in the position of inspector general, the agency head or, for
400 agencies under the jurisdiction of the Governor, the Chief
401 Inspector General, shall initiate a national search for an
402 inspector general and shall set the salary of the inspector
403 general. Effective July 1, 2017, an agency that enters into an
404 employment agreement, or renewal or renegotiation of an existing
405 contract or employment agreement with an inspector general or
406 deputy inspector, may not offer a bonus on work performance in
407 the contract or agreement and the awarding of such bonuses is
408 prohibited. In the event of a vacancy in the position of
409 inspector general, the agency head or, for agencies under the
410 jurisdiction of the Governor, the Chief Inspector General, may
411 appoint other office of inspector general management personnel
412 as interim inspector general until such time as a successor
413 inspector general is appointed.
414 3. A former or current elected official may not be
415 appointed inspector general within 5 years after the end of such
416 individual's period of service. This restriction does not
417 prohibit the reappointment of a current inspector general.
418 Section 5. Present subsections (8) and (9) of section
419 546.10, Florida Statutes, are renumbered as subsections (9) and
420 (10), respectively, and a new subsection (8) is added to that
421 section, to read:
422 546.10 Amusement games or machines.—
423 (8)(a)1. Before purchasing or installing a game or machine
424 on the premises of any veterans' service organization granted a
425 federal charter under Title 36, U.S.C., or a division, a
426 department, a post, or a chapter of such organization, for which
427 an alcoholic beverage license has been issued, and the veterans'
428 service organization is in doubt about whether a machine meets
429 the definition of an amusement machine under this section, the
430 organization may petition the Florida Gaming Control Commission
431 for a declaratory statement under s. 120.565 on whether the
432 operation of the game or machine complies with this section or
433 chapter 849. An organization awaiting a declaratory statement
434 from the commission may not purchase or install such game or
435 machine until the declaratory statement is issued.
436 2. If there is a game or machine currently on the premises
437 of any veterans' service organization granted a federal charter
438 under Title 36, U.S.C., or a division, a department, a post, or
439 a chapter of such organization, for which an alcoholic beverage
440 license has been issued and the veterans' service organization
441 is in doubt about whether a machine meets the definition of an
442 amusement machine under this section, the organization may
443 petition the commission for a declaratory statement pursuant to
444 s. 120.565 on whether the operation of the game or machine
445 complies with this section or would be a violation of this
446 section or chapter 849. If the game, machine, premises, or
447 organization is the subject of an ongoing criminal
448 investigation, the organization is not entitled to petition the
449 commission for a declaratory statement under this subsection and
450 the commission may deny a petition on such grounds.
451 3. The commission shall issue a declaratory statement
452 pursuant to this subsection within 60 days after receiving a
453 petition requesting such statement. The commission may not deny
454 a petition that is validly requested pursuant to this subsection
455 and s. 120.565.
456 (b) A petition made under this subsection must provide
457 enough information for the commission to issue the declaratory
458 statement and must be accompanied by the exact specifications
459 for the type of game or machine that the organization will
460 purchase or install or currently has on the premises. The
461 declaratory statement is valid only for the game or machine for
462 which it is requested and is invalid if the specifications for
463 the game or the machine have been changed.
464 (c) The declaratory statement is binding on the commission
465 and may be introduced in any subsequent proceedings as evidence
466 of a good faith effort to comply with this section or chapter
467 849.
468 (d) This subsection does not prevent the commission or any
469 other criminal justice agency as defined in s. 943.045 from
470 detecting, apprehending, and arresting a person for any alleged
471 violation of this chapter, chapter 24, part II of chapter 285,
472 chapter 550, chapter 551, or chapter 849, or any rule adopted
473 pursuant thereto, or of any law of this state.
474 (e) This subsection does not require an owner or an
475 operator of an amusement game or machine under this section to
476 request or obtain a declaratory statement in order to operate
477 pursuant to this section.
478 Section 6. Subsection (37) of section 550.002, Florida
479 Statutes, is amended to read:
480 550.002 Definitions.—As used in this chapter, the term:
481 (37) "Ultimate equitable owner" means a natural person
482 who, directly or indirectly, owns or controls 5 percent or more
483 of an ownership interest in a corporation, foreign corporation,
484 or alien business organization, regardless of whether such
485 person owns or controls such ownership through one or more
486 natural persons or one or more proxies, powers of attorney,
487 nominees, corporations, associations, partnerships, trusts,
488 joint stock companies, or other entities or devices, or any
489 combination thereof. Section 7. Paragraph (b) of subsection (11) and subsection
491 (12) of section 550.054, Florida Statutes, are amended to read:
492 550.054 Application for permit to conduct pari-mutuel
493 wagering.—
494 (11)
495 (b) If a permit to conduct pari-mutuel wagering is held by
496 a corporation or business entity other than an individual, the
497 transfer of any 10 percent or more of the stock or other
498 evidence of ownership or equity in the permitholder may not be
499 made without the prior approval of the transferee by the
500 commission pursuant to s. 550.1815.
501 (12) Changes in ownership or interest of a pari-mutuel
502 permit of any 5 percent or more of the stock or other evidence
503 of ownership or equity in the permitholder shall be approved by
504 the commission before prior to such change, unless the owner is
505 an existing owner of that permit who was previously approved by
506 the commission. Changes in ownership or interest of a pari-
507 mutuel permit of less than 5 percent shall be reported to the
508 commission within 20 days of the change. The commission may then
509 conduct an investigation related to the request for to ensure
510 that the permit is properly updated to show the change in
511 ownership or interest.
512 Section 8. Subsection (3) of section 550.09512, Florida
513 Statutes, is amended to read:
514 550.09512 Harness horse taxes; abandoned interest in a
515 permit for nonpayment of taxes.—
516 (3)(a) The permit of a harness horse permitholder who is
517 conducting live harness horse performances and who does not pay
518 tax on handle for any such performances conducted during any 2
519 consecutive state fiscal years shall be void and may not be
520 reissued unless such failure to operate and pay tax on handle
521 was the direct result of fire, strike, war, hurricane, pandemic,
522 or other disaster or event beyond the ability of the
523 permitholder to control. Financial hardship to the permitholder
524 shall not, in and of itself, constitute just cause for failure
525 to operate and pay tax on handle.
526 (b) In order to maximize the tax revenues to the state,
527 the commission shall reissue an escheated harness horse permit
528 to a qualified applicant pursuant to the provisions of this
529 chapter as for the issuance of an initial permit. However, the
530 provisions of this chapter relating to referendum requirements
531 for a pari-mutuel permit shall not apply to the reissuance of an
532 escheated harness horse permit. As specified in the application
533 and upon approval by the commission of an application for the
534 permit, the new permitholder shall be authorized to operate a
535 harness horse facility anywhere in the same county in which the
536 escheated permit was authorized to be operated, notwithstanding
537 the provisions of s. 550.054(2) relating to mileage limitations.
538 Section 9. Subsection (3) of section 550.09515, Florida
539 Statutes, is amended to read:
540 550.09515 Thoroughbred horse taxes; abandoned interest in
541 a permit for nonpayment of taxes.—
542 (3)(a) The permit of a thoroughbred horse permitholder who
543 does not pay tax on handle for live thoroughbred horse
544 performances for a full schedule of live races during any 2
545 consecutive state fiscal years shall be void and shall not be
546 reissued escheat to and become the property of the state unless
547 such failure to operate and pay tax on handle was the direct
548 result of fire, strike, war, or other disaster or event beyond
549 the ability of the permitholder to control. Financial hardship
550 to the permitholder does shall not, in and of itself, constitute
551 just cause for failure to operate and pay tax on handle.
552 (b) In order to maximize the tax revenues to the state,
553 the commission shall reissue an escheated thoroughbred horse
554 permit to a qualified applicant pursuant to the provisions of
555 this chapter as for the issuance of an initial permit. However,
556 the provisions of this chapter relating to referendum
557 requirements for a pari-mutuel permit shall not apply to the
558 reissuance of an escheated thoroughbred horse permit. As
559 specified in the application and upon approval by the commission
560 of an application for the permit, the new permitholder shall be
561 authorized to operate a thoroughbred horse facility anywhere in
562 the same county in which the escheated permit was authorized to
563 be operated, notwithstanding the provisions of s. 550.054(2)
564 relating to mileage limitations. Section 10. Section 838.12, Florida Statutes, is amended,
566 to read:
567 838.12 Bribery in athletic contests.—
568 (1) A person who Whoever gives, promises, offers or
569 conspires to give, promise or offer, to anyone who participates
570 or expects to participate in any professional or amateur game,
571 contest, match, race or sport; or to any umpire, referee, judge
572 or other official of such game, contest, match, race or sport;
573 or to any owner, manager, coach or trainer of, or to any
574 relative of, or to any person having any direct, indirect,
575 remote or possible connection with, any team, individual,
576 participant or prospective participant in any such professional
577 or amateur game, contest, match, race or sport, or the officials
578 aforesaid, any bribe, money, goods, present, reward or any
579 valuable thing whatsoever, or any promise, contract or agreement
580 whatsoever, with intent to influence him or her or them to lose
581 or cause to be lost any game, contest, match, race or sport, or
582 to limit his or her or their or any person's or any team's
583 margin of victory in any game, contest, match, race, or sport,
584 or to fix or throw any game, contest, match, race or sport,
585 commits shall be guilty of a felony of the third degree,
586 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
587 (2) Any participant or prospective participant in any
588 professional or amateur game, contest, match, race or sport; or
589 any umpire, referee, judge or other official of such game,
590 contest, match, race or sport; or any owner, manager, coach or
591 trainer of, or any relative of, or any person having any direct,
592 indirect, remote or possible connection with, any team,
593 individual, participant or prospective participant in any such
594 professional or amateur game, contest, match, race or sport, or
595 the officials aforesaid; who in any way solicits, receives or
596 accepts, or agrees to receive or accept, or who conspires to
597 receive or accept, any bribe, money, goods, present, reward or
598 any valuable thing whatsoever, or any promise, contract or
599 agreement whatsoever, with intent to lose or cause to be lost
600 any game, contest, match, race or sport, or to limit his, her,
601 their or any person's or any team's margin of victory in any
602 game, contest, match, race or sport, or to fix or throw any
603 game, contest, match, race or sport, commits shall be guilty of
604 a felony of the third degree, punishable as provided in s.
605 775.082, s. 775.083, or s. 775.084.
606 (3) A person who stakes, bets, or wagers any money or
607 other thing of value upon the result of any professional or
608 amateur game, contest, match, race, or sport with knowledge that
609 the results of such professional or amateur game, contest,
610 match, race, or sport are prearranged or predetermined as
611 described in subsection (1) or subsection (2) commits a felony
612 of the third degree, punishable as provided in s. 775.082, s.
613 775.083, or s. 775.084.
614 Section 11. Section 849.01, Florida Statutes, is amended to read:
616 849.01 Keeping gambling houses, etc.—A person who Whoever
617 by herself or himself, her or his servant, clerk or agent, or in
618 any other manner has, keeps, exercises or maintains a gaming
619 table or room, or gaming implements or apparatus, or house,
620 booth, tent, shelter or other place for the purpose of gaming or
621 gambling or in any place of which she or he may directly or
622 indirectly have charge, control or management, either
623 exclusively or with others, procures, suffers or permits any
624 person to play for money or other valuable thing at any game
625 whatever, whether heretofore prohibited or not, commits a felony
626 misdemeanor of the third second degree, punishable as provided
627 in s. 775.082, or s. 775.083, or s. 775.084.
628 Section 12. Section 849.02, Florida Statutes, is amended
629 to read:
630 849.02 Agents or employees of keeper of gambling house.—A
631 person who Whoever acts as servant, clerk, agent, or employee of
632 any person in the violation of s. 849.01 commits:
633 (1) For a first offense, a misdemeanor of the first
634 degree, punishable as provided in s. 775.082 or s. 775.083.
635 (2) For a second offense, a felony of the third degree,
636 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
637 (3) For a third or subsequent offense, a felony of the
638 second degree, punishable as provided in s. 775.082, s. 775.083,
639 or s. 775.084 shall be punished in the manner and to the extent
640 therein mentioned.
641 Section 13. Section 849.021, Florida Statutes, is created
642 to read:
643 849.021 Government employee misconduct.—
644 (1) As used in this section, the term:
645 (a) "Government employee" means any person employed by, or
646 acting on behalf of the state or any political subdivision
647 thereof.
648 (b) "Political subdivision" means a county, municipality,
649 department, commission, district, board, or other public body,
650 whether corporate or otherwise, created by or under state law.
651 (2) Any government employee who knowingly certifies,
652 licenses, approves, aids, facilitates, or conceals the operation
653 of a gambling house in violation of s. 849.01, commits:
654 (a) For a first offense, a felony of the third degree,
655 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
656 (b) For a second or subsequent offense, a felony of the
657 second degree, punishable as provided in s. 775.082, s. 775.083,
658 or s. 775.084.
659 (3) This section does not apply to any person who is
660 acting in the scope of his or her employment and, in good faith,
661 reports suspected violations of chapter 849 to law enforcement
662 or regulatory agencies.
663 Section 14. Section 849.023, Florida Statutes, is created
664 to read:
665 849.023 Licensure disqualifying offenses; corporate
666 shielding prohibited.—
667 (1) DEFINITIONS.—As used in this section, the term:
668 (a) "Controlling person" means:
669 1. A corporate officer or director, or, if a limited
670 liability company, manager of the licensee or applicant for a
671 license;
672 2. A general partner, member, or owner of more than 5
673 percent of any equity interest, direct or indirect, in the
674 licensee or applicant; or
675 3. An owner of any interest in the licensee or applicant,
676 including any immediate family member of the owner, or holder of
677 any debt, mortgage, contract, or concession from the licensee or
678 applicant, who by virtue thereof is able to control the business
679 of the licensee or applicant.
680 (b) "Conviction" means a determination of guilt which is
681 the result of a plea or trial, regardless of whether
682 adjudication is withheld or a plea of nolo contendere is
683 entered.
684 (c) "License" has the same meaning as in s. 120.52 and is
685 issued by:
686 1. The Department of Business and Professional Regulation,
687 pursuant to chapter 509, chapter 561, chapter 562, chapter 563,
688 chapter 564, chapter 565, chapter 567, chapter 568, or chapter
689 569;
690 2. The Florida Gaming Control Commission pursuant to
691 chapter 550, chapter 551, or s. 849.086; or
692 3. The Office of Financial Regulation pursuant to chapter
693 560.
694 (d) "Licensee" means a holder of a license.
695 (e) "Owner" means a sole member or owner of 100 percent of
696 any equity interest, direct or indirect, in the licensee or
697 applicant.
698 (2) PENALTIES.—
699 (a)1. Pursuant to s. 120.60(6) and notwithstanding any
700 other provision of law specified in subsection (1), a violation
701 of s. 849.01, s. 849.03, or s. 849.15 is deemed to constitute an
702 immediate and serious danger to the public health, safety, and
703 welfare, and the Department of Business and Professional
704 Regulation, the Florida Gaming Control Commission, or the Office
705 of Financial Regulation, respectively, may summarily suspend the
706 license of any person convicted of a violation of s. 849.01, s.
707 849.03, or s. 849.15, regardless of adjudication, or any
708 business entity if its controlling person or sole owner is
709 convicted of a violation of s. 849.01, s. 849.03, or s. 849.15,
710 regardless of adjudication.
711 2. In addition to any other penalty provided by law, a
712 licensee or an applicant, may have a license revoked or any
713 application thereof denied or not reissued, if the licensee or
714 applicant, the controlling person of the licensee or applicant,
715 or the sole owner of the licensee or applicant is convicted of a
716 violation of s. 849.01, s. 849.03, or s. 849.15, regardless of
717 adjudication.
718 3.a. Notwithstanding subparagraph 2., a licensee or
719 applicant may retain, apply for, and be reissued a license if
720 the license-issuing agency specified in paragraph (1)(c) finds
721 that such licensee has removed a controlling person from the
722 business.
723 b. Notwithstanding this paragraph, any licensee is subject
724 to a fine up to $75,000 for any conviction of a violation of s.
725 849.01, s. 849.03, or s. 849.15, regardless of adjudication.
727 Section 15. Section 849.03, Florida Statutes, is amended
728 to read:
729 849.03 Renting house for gambling purposes.—A person who
730 Whoever, whether as owner or agent, knowingly rents to another a
731 house, room, booth, tent, shelter or place for the purpose of
732 gaming commits:
733 (1) For a first offense, a felony of the third degree,
734 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
735 shall be punished in the manner and to the extent mentioned in
736 s. 849.01.
737 (2) For a second or subsequent offense, a felony of the
738 second degree, punishable as provided in s. 775.082, s. 775.083,
739 or s. 775.084. Section 16. Section 849.08, Florida Statutes, is amended
741 to read:
742 849.08 Gambling.—
743 (1) As used in this section, the term:
744 (a) "Illegal gambling" means any criminal violation of
745 chapter 546, chapter 550, or chapter 551, or this chapter that
746 occurs at any business, establishment, premises, or other
747 location.
748 (b) "Internet gambling" means to play or engage in any
749 game in which money or other thing of value is awarded based on
750 chance, regardless of any application of skill, that is
751 available on the Internet and accessible on a mobile device,
752 computer terminal, or other similar access device and simulates
753 casino-style gaming, including, but not limited to, slot
754 machines, video poker, and table games.
755 (c) "Internet sports wagering" means to use a platform
756 that is available on the Internet and accessible on a mobile
757 device, computer terminal, or other similar access device to
758 stake, bet, or wager any money or other thing of value upon the
759 result of any trial or contest of skill, speed, power, or
760 endurance of human or beast. The term does not include fantasy
761 sports contests as defined in s. 849.0932 or any activity
762 conducted pursuant to chapter 550.
763 (2) A person who Whoever plays or engages in Internet
764 gambling or any game at cards, keno, roulette, faro or other
765 game of chance, at any place, by any device whatever, for money
766 or other thing of value, commits shall be guilty of a
767 misdemeanor of the second degree, punishable as provided in s.
768 775.082 or s. 775.083.
769 (3) A person who plays or engages in Internet sports
770 wagering commits:
771 (a) For a first offense, a misdemeanor of the second
772 degree, punishable as provided in s. 775.082 or s. 775.083.
773 (b) For a second or subsequent offense, a misdemeanor of
774 the first degree, punishable as provided in s. 775.082 or s.
775 775.083.
776 (4) A person who operates, conducts, or promotes illegal
777 gambling, Internet gambling or Internet sports wagering, or
778 receives in any manner whatsoever any money or other thing of
779 value offered for the purpose of illegal gambling, Internet
780 gambling or Internet sports wagering, or who knowingly becomes
781 the custodian or depositary of any money or other thing of value
782 so offered, or who aids, assists, abets, or influences in any
783 manner in any of such acts commits a felony of the third degree,
784 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
785 (5) This section does not apply to participation in, or
786 the conduct of, any gaming activities authorized under s.
787 285.710(13) and conducted pursuant to a gaming compact ratified
788 and approved under s. 285.710(3), or any gaming activities
789 authorized under chapter 550. Section 17. Paragraph (e) is added to subsection (12) of
791 section 849.086, Florida Statutes, to read:
792 849.086 Cardrooms authorized.—
793 (12) PROHIBITED ACTIVITIES.—
794 (e) A person who, by physical tampering or by use of any
795 object, instrument, or device, whether mechanical, electrical,
796 magnetic, or involving other means, manipulates or attempts to
797 manipulate playing cards for the purpose of affecting the
798 outcome or payoff of a card game in a licensed cardroom, or
799 otherwise manipulates or attempts to manipulate the outcome or
800 payoff of such a card game, commits a felony of the third
801 degree, punishable as provided in s. 775.082, s. 775.083, or s.
802 775.084.
803 Section 18. Section 849.0932, Florida Statutes, is created
804 to read:
805 849.0932 Fantasy sports contests; conditions for conduct.—
806 (1) As used in this section, the term "fantasy sports
807 contest" means a contest in which a participant pays an entry
808 fee and manages a fantasy or simulation sports team composed of
809 athletes from a professional sports organization with the
810 opportunity to win a cash prize. The term includes a simulation
811 sports game.
812 (2) Fantasy sports contests must meet all of the following
813 requirements:
814 (a) Prizes and awards for the winning participants are
815 established and disclosed to contest participants before entry.
816 (b) All winning outcomes reflect the relative knowledge
817 and skill of the fantasy sports contest participant.
818 (c) All winning outcomes are determined predominantly by
819 accumulated statistical results of the performance of more than
820 one individual.
821 (d) A winning outcome may not be based on:
822 1. The score, point spread, or performance of a team or
823 combination of teams.
824 2. The single performance of an individual in a single
825 event or a pari-mutuel event, as the term "pari-mutuel" is
826 defined in s. 550.002 as of January 1, 2026.
827 3. A game of poker or other card game.
828 4. The performance of participants in collegiate, high
829 school, or youth sporting events.
830 (e) Casino graphics, themes, or titles, including, but not
831 limited to, depictions of slot machine-style symbols, cards,
832 dice, craps, roulette, or lotto, are not displayed or depicted.
833 (3)(a) A violation of this section is punishable by a fine
834 of $1,000 in addition to civil and criminal penalties.
835 (b) An operator or owner of any website, platform, or
836 application that offers fantasy sports contests in violation of
837 this section is punishable by a fine of up to $100,000 per
838 violation.
839 (4) The Florida Gaming Control Commission shall
840 investigate and refer violations of this section for
841 prosecution. The Attorney General or state attorney may also
842 institute proceedings to enjoin any person found to be violating
843 this section.
844 (5)(a) A person who willfully and knowingly violates any
845 provision of this section commits a misdemeanor of the first
846 degree, punishable as provided in s. 775.082 or s. 775.083.
847 (b) An operator or owner of any website, platform, or
848 application that offers fantasy sports contests in violation of
849 this section commits a felony of the third degree, punishable as
850 provided in s. 775.082, s. 775.083, or s. 775.084.
851 Section 19. Section 849.11, Florida Statutes, is amended
852 to read:
853 849.11 Plays at games of chance by lot.—
854 (1) A person who Whoever sets up, promotes or plays in
855 person or in any other manner, including, but not limited to, by
856 the use, at least in part, of the Internet, at any game of
857 chance by lot or with dice, cards, numbers, hazards or any other
858 gambling device whatever for, or for the disposal of money or
859 other thing of value or under the pretext of a sale, gift or
860 delivery thereof, or for any right, share or interest therein,
861 commits shall be guilty of a misdemeanor of the second degree,
862 punishable as provided in s. 775.082 or s. 775.083.
863 (2) A person who sets up, operates, conducts, promotes, or
864 receives in any manner whatsoever any money or other thing of
865 value offered for the purpose of playing at any game of chance
866 by lot in violation of subsection (1), or who knowingly becomes
867 the custodian or depositary of any money or other thing of value
868 so offered, or who aids, assists, abets, or influences in any
869 manner in any of such acts, commits a felony of the third
870 degree, punishable as provided in s. 775.082, s. 775.083, or s.
871 775.084.
872 Section 20. Section 849.13, Florida Statutes, is amended
873 to read:
874 849.13 Punishment on Second or subsequent offense in
875 connection with lotteries conviction.—A person who commits a
876 second or subsequent violation of the same Whoever, after being
877 convicted of an offense forbidden by law in connection with
878 lotteries for which there is no penalty specified for a second
879 or subsequent offense, shall have the offense reclassified to an
880 offense of the next higher degree, commits the like offense,
881 shall be guilty of a misdemeanor of the first degree, punishable
882 as provided in s. 775.082 or s. 775.083. For purposes of
883 sentencing under chapter 921, a felony offense that is
884 reclassified under this section is ranked one level above the
885 ranking under s. 921.0022 or s. 921.0023 of the felony offense
886 committed.
887 Section 21. Section 849.14, Florida Statutes, is amended
888 to read:
889 849.14 Unlawful to bet on result of trial or contest of
890 skill, etc.—A person who:
891 (1) Whoever Stakes, bets, or wagers any money or other
892 thing of value upon the result of any trial or contest of skill,
893 speed or power or endurance of human or beast;
894 (2) , or whoever Receives in any manner whatsoever any
895 money or other thing of value staked, bet, or wagered, or
896 offered for the purpose of being staked, bet, or wagered, by or
897 for any other person upon any such result;
898 (3) , or whoever Knowingly becomes the custodian or
899 depositary of any money or other thing of value so staked, bet,
900 or wagered upon any such result;, or
901 (4) whoever Aids, or assists, or abets, or influences in
902 any manner in any of such acts,
904 all of which are hereby forbidden, commits a felony of the third
905 degree, punishable as provided in s. 775.082, or s. 775.083, or
906 s. 775.084.
907 Section 22. Section 849.142, Florida Statutes, is
908 repealed.
909 Section 23. Section 849.15, Florida Statutes, is amended
910 to read:
911 849.15 Manufacture, sale, possession, etc., of slot
912 machines or devices prohibited.—
913 (1) As used in this section, the term:
914 (a) "Conviction" means a determination of guilt that is
915 the result of a plea or a trial, regardless of whether
916 adjudication is withheld or a plea of nolo contendere is
917 entered.
918 (b) "Part thereof" means any equipment, subassembly, or
919 other part of a slot machine or device, whether attached to the
920 slot machine or device or separate therefrom, that was used,
921 attempted to be used, or intended to be used in connection with
922 the play or operation of the slot machine or device.
923 (c) "Person of authority" means a person who, at any
924 business, establishment, premises, or other location at which a
925 slot machine or device is offered for play:
926 1. Has actual authority to act on behalf of the business,
927 establishment, premises, or other location; or
928 2. Is an officer, director, or managing member of the
929 business, establishment, premises, or other location.
930 (2)(1) It is unlawful:
931 (a) To manufacture, own, store, keep, possess, sell, rent,
932 lease, let on shares, lend or give away, transport, or expose
933 for sale or lease, or to offer to sell, rent, lease, let on
934 shares, lend or give away, or permit the operation of, or for
935 any person to permit to be placed, maintained, or used or kept
936 in any room, space, or building owned, leased or occupied by the
937 person or under the person's management or control, any slot
938 machine or device or any part thereof; or
939 (b) To make or to permit to be made with any person any
940 agreement with reference to any slot machine or device, pursuant
941 to which the user thereof, as a result of any element of chance
942 or other outcome unpredictable to him or her, may become
943 entitled to receive any money, credit, allowance, or thing of
944 value or additional chance or right to use such machine or
945 device, or to receive any check, slug, token or memorandum
946 entitling the holder to receive any money, credit, allowance or
947 thing of value.
948 (3)(a) Except as provided in paragraphs (b) and (c), a
949 person who violates subsection (2) commits a misdemeanor of the
950 first degree, punishable as provided in s. 775.082 or s.
951 775.083.
952 (b) A person commits a felony of the third degree,
953 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
954 if he or she violates subsection (2) and:
955 1. Was a person of authority at the time of the violation;
956 or
957 2. Has one prior conviction for a violation of subsection
958 (2).
959 (c) A person commits a felony of the second degree,
960 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
961 if he or she violates subsection (2) and:
962 1.a. Was a person of authority at the time of the
963 violation; and
964 b. The violation involves five or more slot machines or
965 devices; or
966 2. Has two or more prior convictions for a violation of
967 subsection (2).
968 (4)(2) Pursuant to section 2 of that chapter of the
969 Congress of the United States entitled "An act to prohibit
970 transportation of gaming devices in interstate and foreign
971 commerce," approved January 2, 1951, being ch. 1194, 64 Stat.
972 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
973 of Florida, acting by and through the duly elected and qualified
974 members of its Legislature, does hereby in this section, and in
975 accordance with and in compliance with the provisions of section
976 2 of such chapter of Congress, declare and proclaim that any
977 county of the State of Florida within which slot machine gaming
978 is authorized pursuant to chapter 551 is exempt from the
979 provisions of section 2 of that chapter of the Congress of the
980 United States entitled "An act to prohibit transportation of
981 gaming devices in interstate and foreign commerce," designated
982 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
983 shipments of gaming devices, including slot machines, into any
984 county of this state within which slot machine gaming is
985 authorized pursuant to chapter 551 and the registering,
986 recording, and labeling of which have been duly performed by the
987 manufacturer or distributor thereof in accordance with sections
988 3 and 4 of that chapter of the Congress of the United States
989 entitled "An act to prohibit transportation of gaming devices in
990 interstate and foreign commerce," approved January 2, 1951,
991 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
992 ss. 1171-1177, shall be deemed legal shipments thereof into this
993 state provided the destination of such shipments is an eligible
994 facility as defined in s. 551.102 or the facility of a slot
995 machine manufacturer or slot machine distributor as provided in
996 s. 551.109(2)(a).
997 Section 24. Section 849.155, Florida Statutes, is created
998 to read:
999 849.155 Trafficking in slot machines, devices, or parts.—A
1000 person who knowingly sells, purchases, manufactures, transports,
1001 delivers, or brings into this state more than 15 slot machines
1002 or devices or any part thereof commits a felony of the first
1003 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1004 775.084. As used in this section, the term "part thereof" has
1005 the same meaning as in s. 849.15. If the quantity of slot
1006 machines or devices or any part thereof involved is:
1007 (1) More than 15 slot machines or devices or any part
1008 thereof, but less than 25 slot machines or devices or any part
1009 thereof, such person must be fined $100,000.
1010 (2) Twenty-five slot machines or devices or any part
1011 thereof or more, but less than 50 slot machines or devices or
1012 any part thereof, such person must be fined $250,000.
1013 (3) Fifty slot machines or devices or any part thereof or
1014 more, such person must be fined $500,000.
1016 Notwithstanding any other law, all fines imposed and collected
1017 pursuant to this section must be deposited into the Pari-mutuel
1018 Wagering Trust Fund and may be used for the enforcement of
1019 chapters 546, 550, 551, and this chapter by the Florida Gaming
1020 Control Commission.
1021 Section 25. Section 849.157, Florida Statutes, is created
1022 to read:
1023 849.157 Making a false or misleading statement regarding
1024 the legality of slot machines or devices to facilitate sale.—
1025 (1) Except as provided in subsection (2), a person who
1026 knowingly and willfully makes a materially false or misleading
1027 statement or who knowingly and willfully disseminates false or
1028 misleading information regarding the legality of a slot machine
1029 or device for the purpose of facilitating the sale or delivery
1030 of a slot machine or device for any money or other valuable
1031 consideration commits a felony of the third degree, punishable
1032 as provided in s. 775.082, s. 775.083, or s. 775.084.
1033 (2) A person who violates subsection (1), when such a
1034 violation involves the sale or delivery, or attempted sale or
1035 delivery, of five or more slot machines or devices commits a
1036 felony of the second degree, punishable as provided in s.
1037 775.082, s. 775.083, or s. 775.084.
1038 Section 26. Section 849.181, Florida Statutes, is created
1039 to read:
1040 849.181 Destruction of Excess Machines.—
1041 (1) It is the intent of the Legislature to protect the
1042 public health, safety, and welfare of the residents of the state
1043 by removing slot machines or devices within the meaning of s.
1044 849.16 from public circulation and preventing the warehousing of
1045 large quantities of such slot machines or devices.
1046 (2) Definitions. As used in this section, the term:
1047 (a) "Criminal justice agency" has the same meaning as
1048 provided in s. 943.045.
1049 (b) "Excess slot machines" means more than five slot
1050 machines seized during an investigation.
1051 (c) "Slot machine" has the same meaning as the term "slot
1052 machine or device" provided in s. 849.16 and includes the
1053 definition of the term "part thereof" as provided in s. 849.15.
1054 (3) Notwithstanding any other provision of law, a criminal
1055 justice agency having custody of excess slot machines may
1056 destroy such excess slot machines during the pendency of any
1057 related legal proceedings or ongoing criminal investigations,
1058 provided that such criminal justice agency:
1059 (a) Retains at least five slot machines seized during an
1060 investigation until such time as the slot machines may be
1061 destroyed as provided in s. 849.18;
1062 (b) Notifies the appropriate United States Attorney or
1063 assistant United States Attorney, the responsible state or local
1064 prosecutor, or a criminal justice agency conducting a criminal
1065 investigation, that the excess slot machines will be destroyed
1066 after 60 days from the date notice is provided, unless the
1067 entity receiving the notice under this paragraph requests the
1068 criminal justice agency in writing not to destroy the excess
1069 slot machines;
1070 (c) Photographs and takes a video recording of each excess
1071 slot machine prior to its destruction to serve as evidentiary
1072 exhibits for use at trial. Any photograph or video recording
1073 shall include a written description of the name of the person
1074 such slot machine was taken from, the location where the slot
1075 machine was located, the name of the investigating law
1076 enforcement officer, the date the photograph or video recording
1077 was taken, and the name of the photographer or videographer.
1078 Such writing shall be made under oath by the investigating law
1079 enforcement officer, and the photograph and video recording
1080 shall be authenticated by the photographer's or videographer's
1081 signature;
1082 (d) Destroys each excess slot machine in the presence of a
1083 law enforcement officer, who shall create written sworn
1084 documentation of the date, time, location, and number of excess
1085 slot machines destroyed; and
1086 (e) Maintains such written sworn documentation created by
1087 the witnessing law enforcement officer under paragraph (d) as
1088 required under s. 119.021.
1089 (4) In any prosecution for a violation of this chapter, a
1090 photograph and video recording of an excess slot machine
1091 captured and documented pursuant to paragraph (c) may be deemed
1092 competent evidence and may be admissible in the prosecution to
1093 the same extent as if such excess slot machine were physically
1094 introduced as evidence.
1095 (5) If any provision of this section or its application to
1096 any person or circumstance is held invalid, the invalidity does
1097 not affect other provisions or applications of this section or
1098 chapter which can be given effect without the invalid provision
1099 or application, and to this end, the provisions of this section
1100 are severable.
1101 Section 27. Section 849.23, Florida Statutes, is repealed.
1102 Section 28. Section 849.47, Florida Statutes, is created
1103 to read:
1104 849.47 Transporting or procuring the transportation of
1105 persons to facilitate illegal gambling.—
1106 (1) As used in this section, the term "illegal gambling"
1107 means any criminal violation of chapter 546, chapter 550, or
1108 chapter 551, or this chapter that occurs at any business,
1109 establishment, premises, or other location.
1110 (2) Except as provided in subsection (3), a person who
1111 knowingly and willfully transports, or procures the
1112 transportation of, five or more other persons into or within
1113 this state when he or she knows or reasonably should know that
1114 such transportation is for the purpose of facilitating illegal
1115 gambling commits a misdemeanor of the first degree, punishable
1116 as provided in s. 775.082 or s. 775.083.
1117 (3)(a) A person who transports, or procures the
1118 transportation of, a minor or a person 65 years of age or older
1119 in violation of subsection (2) commits a felony of the third
1120 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1121 775.084.
1122 (b) A person who transports, or procures the
1123 transportation of, 12 or more persons in violation of subsection
1124 (2) commits a felony of the third degree, punishable as provided
1125 in s. 775.082, s. 775.083, or s. 775.084.
1126 (c) A person who commits a second or subsequent violation
1127 of subsection (2) within 2 years from the date of the
1128 conviction, regardless of adjudication, commits a felony of the
1129 third degree, punishable as provided in s. 775.082, s. 775.083,
1130 or s. 775.084.
1131 Section 29. Section 849.48, Florida Statutes, is created
1132 to read:
1133 849.48 Gambling or gaming advertisements; prohibited.—
1134 (1) As used in this section, the term "illegal gambling"
1135 means any criminal violation of this chapter, chapter 546,
1136 chapter 550, or chapter 551 which occurs at any business,
1137 establishment, premises, or other location.
1138 (2)(a) Except as otherwise specifically authorized by law,
1139 a person may not knowingly and intentionally make, publish,
1140 disseminate, circulate, or place before the public, or cause,
1141 directly or indirectly, to be made, published, disseminated,
1142 circulated, or placed before the public in this state, in any
1143 manner, whether in person or by the use, at least in part, of
1144 the Internet, any advertisement, circular, bill, poster,
1145 pamphlet, list, schedule, announcement, or notice for the
1146 purpose of promoting or facilitating illegal gambling.
1147 (b) Except as otherwise specifically authorized by law, a
1148 person may not set up any type or plate for any type of
1149 advertisement, circular, bill, poster, pamphlet, list, schedule,
1150 announcement, or notice when he or she knows or reasonably
1151 should know that such material will be used for the purpose of
1152 promoting or facilitating illegal gambling.
1153 (c) A person who violates this subsection commits:
1154 1. For a first offense, a misdemeanor of the first degree,
1155 punishable as provided in s. 775.082 or s. 775.083.
1156 2. For a second or subsequent offense, a felony of the
1157 third degree, punishable as provided in s. 775.082, s. 775.083,
1158 or s. 775.084.
1159 (3) This section does not prohibit the printing or
1160 producing of any advertisement, circular, bill, poster,
1161 pamphlet, list, schedule, announcement, or notice to be used for
1162 the purpose of promoting or facilitating gambling conducted in
1163 any other state or nation, outside of this state, where such
1164 gambling is not prohibited. Section 30. Section 849.49, Florida Statutes, is created
1166 to read:
1167 849.49 Preemption.—A county, municipality, or other
1168 political subdivision of the state may not enact or enforce any
1169 ordinance or local rule related to gaming, gambling, lotteries,
1170 or any activities described in s. 546.10 or this chapter which
1171 is less restrictive than state law.
1172 Section 31. Section 849.50, Florida Statutes, is created
1173 to read:
1174 849.50 Limited Gaming Device Surrender Program.—
1175 (1) The Legislature finds that illegal gaming operations
1176 not only undermine public trust, but also expose Floridians to
1177 organized criminal conduct, financial exploitation, and a host
1178 of other social harms. Furthermore, the Legislature finds that
1179 certain persons or entities owning, storing, keeping,
1180 possessing, transporting, permitting the operation of, or
1181 otherwise offering illegal gaming devices for play may have been
1182 misled regarding the legality of the otherwise illegal gaming
1183 devices. Therefore, the Legislature finds that there is a
1184 compelling state interest in creating a limited period of time
1185 in which otherwise illegal gaming devices may be surrendered
1186 without penalty to ensure such illegal gaming devices do not
1187 remain in circulation.
1188 (2) The Florida Gaming Control Commission shall organize,
1189 coordinate, and execute a statewide program in which individuals
1190 and organizations can handover, surrender, or otherwise disclaim
1191 any and all interest in any gaming devices, and convey such
1192 gaming devices to the commission. Such conveyance is irrevocable
1193 and final.
1194 (3) Any individual or organization that conveys a gaming
1195 device to the commission as described in this section, that is
1196 not already facing legal charges based on such possession, shall
1197 not face criminal prosecution for possession of such devices
1198 related to any of the devices conveyed to the commission.
1199 (4) The statewide program described in subsection (2)
1200 shall begin no less than 30 days before October 1, 2026, and end
1201 on October 1, 2026.
1202 (5) The commission shall advertise the program described
1203 in this section no less than 60 days before October 1, 2026.
1204 (6) No person or entity shall have any right, title, or
1205 interest in such property conveyed to the commission pursuant to
1206 this section.
1207 (7) The commission may execute memorandums of
1208 understanding with other criminal justice agencies to facilitate
1209 this section.
1210 Section 32. Subsection (2) of section 903.046, Florida
1211 Statutes, is amended to read:
1212 903.046 Purpose of and criteria for bail determination.—
1213 (2) When determining whether to release a defendant on
1214 bail or other conditions, and setting the amount of such what
1215 that bail or other those conditions may be, the court shall
1216 consider:
1217 (a) The nature and circumstances of the offense charged.
1218 (b) The weight of the evidence against the defendant.
1219 (c) The defendant's family ties, length of residence in
1220 the community, immigration status, employment history, financial
1221 resources, and mental condition.
1222 (d) The defendant's past and present conduct, including
1223 any record of convictions, previous flight to avoid prosecution,
1224 or failure to appear at court proceedings. However, any
1225 defendant who had failed to appear on the day of any required
1226 court proceeding in the case at issue, but who had later
1227 voluntarily appeared or surrendered, shall not be eligible for a
1228 recognizance bond; and any defendant who failed to appear on the
1229 day of any required court proceeding in the case at issue and
1230 who was later arrested shall not be eligible for a recognizance
1231 bond or for any form of bond which does not require a monetary
1232 undertaking or commitment equal to or greater than $2,000 or
1233 twice the value of the monetary commitment or undertaking of the
1234 original bond, whichever is greater. Notwithstanding anything in
1235 this section, the court has discretion in determining conditions
1236 of release if the defendant proves circumstances beyond his or
1237 her control for the failure to appear. This section may not be
1238 construed as imposing additional duties or obligations on a
1239 governmental entity related to monetary bonds.
1240 (e) The nature and probability of danger which the
1241 defendant's release poses to the community.
1242 (f) The source of funds used to post bail or procure an
1243 appearance bond, particularly whether the proffered funds, real
1244 property, property, or any proposed collateral or bond premium
1245 may be linked to or derived from the crime alleged to have been
1246 committed or from any other criminal or illicit activities. The
1247 burden of establishing the noninvolvement in or nonderivation
1248 from criminal or other illicit activity of such proffered funds,
1249 real property, property, or any proposed collateral or bond
1250 premium falls upon the defendant or other person proffering them
1251 to obtain the defendant's release.
1252 (g) Whether the defendant is already on release pending
1253 resolution of another criminal proceeding or on probation,
1254 parole, or other release pending completion of a sentence.
1255 (h) The street value of any drug or controlled substance
1256 connected to or involved in the criminal charge. It is the
1257 finding and intent of the Legislature that crimes involving
1258 drugs and other controlled substances are of serious social
1259 concern, that the flight of defendants to avoid prosecution is
1260 of similar serious social concern, and that frequently such
1261 defendants are able to post monetary bail using the proceeds of
1262 their unlawful enterprises to defeat the social utility of
1263 pretrial bail. Therefore, the courts should carefully consider
1264 the utility and necessity of substantial bail in relation to the
1265 street value of the drugs or controlled substances involved.
1266 (i) The amount of currency seized that is connected to or
1267 involved in a violation of chapter 546, chapter 550, chapter
1268 551, or chapter 849.
1269 (j)(i) The nature and probability of intimidation and
1270 danger to victims.
1271 (k)(j) Whether there is probable cause to believe that the
1272 defendant committed a new crime while on pretrial release.
1273 (l)(k) Any other facts that the court considers relevant.
1274 (m)(l) Whether the crime charged is a violation of chapter
1275 874 or alleged to be subject to enhanced punishment under
1276 chapter 874 or reclassification under s. 843.22. If any such
1277 violation is charged against a defendant or if the defendant is
1278 charged with a crime that is alleged to be subject to such
1279 enhancement or reclassification, he or she is not eligible for
1280 release on bail or surety bond until the first appearance on the
1281 case in order to ensure the full participation of the prosecutor
1282 and the protection of the public.
1283 (n)(m) Whether the defendant, other than a defendant whose
1284 only criminal charge is a misdemeanor offense under chapter 316,
1285 is required to register as a sexual offender under s. 943.0435
1286 or a sexual predator under s. 775.21; and, if so, he or she is
1287 not eligible for release on bail or surety bond until the first
1288 appearance on the case in order to ensure the full participation
1289 of the prosecutor and the protection of the public. Section 33. Paragraphs (a), (c), (e), and (g) of
1291 subsection (3) of section 921.0022, Florida Statutes, are
1292 amended to read:
1293 921.0022 Criminal Punishment Code; offense severity
1294 ranking chart.—
1295 (3) OFFENSE SEVERITY RANKING CHART
1296 (a) LEVEL 1 Florida Felony Statute Degree Description 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots. 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000. 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 322.212 3rd Possession of forged, stolen, (1)(a)-(c) counterfeit, or unlawfully issued driver license; possession of simulated identification. 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 322.212(5)(a) 3rd False application for driver license or identification card. 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more. 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more. 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data). 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 826.01 3rd Bigamy. 828.122(3) 3rd Fighting or baiting animals. 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 832.05(2)(b) & 3rd Knowing, making, issuing (4)(c) worthless checks $150 or more or obtaining property in return for worthless check $150 or more. 838.15(2) 3rd Commercial bribe receiving. 838.16 3rd Commercial bribery. 843.18 3rd Fleeing by boat to elude a law enforcement officer. 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. 849.23 3rd Gambling-related machines; "common offender" as to property rights. 849.25(2) 3rd Engaging in bookmaking. 860.08 3rd Interfere with a railroad signal. 860.13(1)(a) 3rd Operate aircraft while under the influence. 893.13(2)(a)2. 3rd Purchase of cannabis. 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
1337 (c) LEVEL 3 Florida Felony Statute Degree Description 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 316.066 3rd Unlawfully obtaining or using (3)(b)-(d) confidential crash reports. 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 327.35(2)(b) 3rd Felony BUI. 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 379.2431 3rd Taking, disturbing, mutilating, (1)(e)5. 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. 379.2431 3rd Possessing any marine turtle (1)(e)6. species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act. 379.2431 3rd Soliciting to commit or (1)(e)7. conspiring to commit a violation of the Marine Turtle Protection Act. 400.9935(4)(a) 3rd Operating a clinic, or offering or (b) services requiring licensure, without a license. 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report. 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 626.902(1)(a) & 3rd Representing an unauthorized (b) insurer. 697.08 3rd Equity skimming. 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 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. 800.045(3) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes a lewd or lascivious image. 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older. 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 812.081(2) 3rd Theft of a trade secret. 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 817.233 3rd Burning to defraud insurer. 817.234 3rd Unlawful solicitation of (8)(b) & (c) persons involved in motor vehicle accidents. 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 817.236 3rd Filing a false motor vehicle insurance application. 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 836.13(2) 3rd Generating an altered sexual depiction of an identifiable person without consent. 836.13(4) 3rd Promoting, or possessing with intent to promote, an altered sexual depiction of an identifiable person without consent. 838.12(3) 3rd Betting on predetermined or prearranged professional or amateur game, contest, match, race, or sport. 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 847.01385 3rd Harmful communication to a minor. 849.01 3rd Keeping gambling house. 849.02(2) 3rd Agents or employees of keeper of gambling house. 849.03(1) 3rd Renting house for gambling purposes. 849.086(12)(e) 3rd Tampering with cards or card games. 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. 849.09(1)(e)-(k) 3rd Conducting unlawful lottery; second or subsequent offense. 849.11(2) 3rd Offenses relating to games of chance. 849.14 3rd Betting on result of trial or contest of skill, etc. 849.15(3)(b) 3rd Manufacture, sale, or possession of slot machine; by person of authority or with prior conviction. 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices. 849.25(2) 3rd Engaging in bookmaking. 849.47(3)(a) & 3rd Transporting persons to (b) facilitate illegal gambling; minor, person 65 years of age or older, or 12 or more persons. 860.15(3) 3rd Overcharging for repairs and parts. 870.01(2) 3rd Riot. 870.01(4) 3rd Inciting a riot. 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). 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. 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. 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 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. 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. 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 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. 918.13(1) 3rd Tampering with or fabricating physical evidence. 944.47 3rd Introduce contraband to (1)(a)1. & 2. correctional facility. 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1422 (e) LEVEL 5 Florida Felony Statute Degree Description 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 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. 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 327.30(5)(a)2. 3rd Vessel accidents involving personal injuries other than serious bodily injury; leaving scene. 365.172 2nd Misuse of emergency (14)(b)2. communications system resulting in death. 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. 379.367(4) 3rd Willful molestation of a commercial harvester's spiny lobster trap, line, or buoy. 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 440.10(1)(g) 2nd Failure to obtain workers' compensation coverage. 440.105(5) 2nd Unlawful solicitation for the purpose of making workers' compensation claims. 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers' compensation premiums. 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 790.01(3) 3rd Unlawful carrying of a concealed firearm. 790.162 2nd Threat to throw or discharge destructive device. 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 810.145(4) 3rd Commercial digital voyeurism dissemination. 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense. 810.145(8)(a) 2nd Digital voyeurism; certain minor victims. 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination. 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 812.015 3rd Retail theft; property stolen (8)(a) & (c)- is valued at $750 or more and (e) one or more specified acts. 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period. 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons. 812.019(1) 2nd Stolen property; dealing in or trafficking in. 812.081(3) 2nd Trafficking in trade secrets. 812.131(2)(b) 3rd Robbery by sudden snatching. 812.16(2) 3rd Owning, operating, or conducting a chop shop. 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 817.2341(1), 3rd Filing false financial (2)(a) & statements, making false (3)(a) entries of material fact or false statements regarding property values relating to the solvency of an insuring entity. 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. 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent. 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. 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence. 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 847.0137 3rd Transmission of pornography by (2) & (3) electronic device or equipment. 847.0138 3rd Transmission of material (2) & (3) harmful to minors to a minor by electronic device or equipment. 849.02(3) 2nd Agents or employees of keeper of gambling house, third or subsequent offense. 849.03(2) 2nd Renting house for gambling purposes; second or subsequent offense. 849.15(3)(c) 2nd Manufacture, sale, or possession of slot machine; by person of authority of five or more machines or two or more prior convictions. 849.157(2) 2nd False or misleading statement to facilitate sale of slot machines or devices; five or more machines. 849.25(3) 2nd Bookmaking; second or subsequent offense. 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 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). 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. 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. 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. 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. 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
1489 (g) LEVEL 7 Florida Felony Statute Degree Description 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 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. 327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious bodily injury. 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 409.920 3rd Medicaid provider fraud; (2)(b)1.a. $10,000 or less. 409.920 2nd Medicaid provider fraud; more (2)(b)1.b. than $10,000, but less than $50,000. 456.065(2) 3rd Practicing a health care profession without a license. 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 458.327(1) 3rd Practicing medicine without a license. 459.013(1) 3rd Practicing osteopathic medicine without a license. 460.411(1) 3rd Practicing chiropractic medicine without a license. 461.012(1) 3rd Practicing podiatric medicine without a license. 462.17 3rd Practicing naturopathy without a license. 463.015(1) 3rd Practicing optometry without a license. 464.016(1) 3rd Practicing nursing without a license. 465.015(2) 3rd Practicing pharmacy without a license. 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 467.201 3rd Practicing midwifery without a license. 468.366 3rd Delivering respiratory care services without a license. 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 483.901(7) 3rd Practicing medical physics without a license. 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 484.053 3rd Dispensing hearing aids without a license. 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. 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. 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 784.048(7) 3rd Aggravated stalking; violation of court order. 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 784.081(1) 1st Aggravated battery on specified official or employee. 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 784.083(1) 1st Aggravated battery on code inspector. 787.025(2)(b) 2nd Luring or enticing a child; second or subsequent offense. 787.025(2)(c) 2nd Luring or enticing a child with a specified prior conviction. 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 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. 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 790.16(1) 1st Discharge of a machine gun under specified circumstances. 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 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. 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 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. 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. 806.01(2) 2nd Maliciously damage structure by fire or explosive. 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 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. 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5. 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 812.131(2)(a) 2nd Robbery by sudden snatching. 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 817.2341 1st Making false entries of (2)(b) & material fact or false (3)(b) statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 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. 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography. 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 838.015 2nd Bribery. 838.016 2nd Unlawful compensation or reward for official behavior. 838.021(3)(a) 2nd Unlawful harm to a public servant. 838.22 2nd Bid tampering. 843.0855(2) 3rd Impersonation of a public officer or employee. 843.0855(3) 3rd Unlawful simulation of legal process. 843.0855(4) 3rd Intimidation of a public officer or employee. 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 849.155 1st Trafficking in slot machines or devices or any part thereof. 872.06 2nd Abuse of a dead human body. 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 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. 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. 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 893.135 1st Trafficking in cocaine, more (1)(b)1.a. than 28 grams, less than 200 grams. 893.135 1st Trafficking in illegal drugs, (1)(c)1.a. more than 4 grams, less than 14 grams. 893.135 1st Trafficking in hydrocodone, 28 (1)(c)2.a. grams or more, less than 50 grams. 893.135 1st Trafficking in hydrocodone, 50 (1)(c)2.b. grams or more, less than 100 grams. 893.135 1st Trafficking in oxycodone, 7 (1)(c)3.a. grams or more, less than 14 grams. 893.135 1st Trafficking in oxycodone, 14 (1)(c)3.b. grams or more, less than 25 grams. 893.135 1st Trafficking in fentanyl, 4 (1)(c)4.b.(I) grams or more, less than 14 grams. 893.135 1st Trafficking in phencyclidine, (1)(d)1.a. 28 grams or more, less than 200 grams. 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 893.135 1st Trafficking in flunitrazepam, 4 (1)(g)1.a. grams or more, less than 14 grams. 893.135 1st Trafficking in gamma- (1)(h)1.a. hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 893.135 1st Trafficking in 1,4-Butanediol, (1)(j)1.a. 1 kilogram or more, less than 5 kilograms. 893.135 1st Trafficking in Phenethylamines, (1)(k)2.a. 10 grams or more, less than 200 grams. 893.135 1st Trafficking in synthetic (1)(m)2.a. cannabinoids, 280 grams or more, less than 500 grams. 893.135 1st Trafficking in synthetic (1)(m)2.b. cannabinoids, 500 grams or more, less than 1,000 grams. 893.135 1st Trafficking in n-benzyl (1)(n)2.a. phenethylamines, 14 grams or more, less than 100 grams. 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. Section 34. Subsection (5) of section 16.71, Florida
1635 Statutes, is amended to read:
1636 16.71 Florida Gaming Control Commission; creation;
1637 meetings; membership.—
1638 (5) INSPECTOR GENERAL.—The chair of the commission shall
1639 appoint an inspector general who shall perform the duties of an
1640 inspector general under s. 20.055.
1641 Section 35. Paragraph (a) of subsection (1) and paragraph
1642 (a) of subsection (2) of section 772.102, Florida Statutes, are
1643 amended to read:
1644 772.102 Definitions.—As used in this chapter, the term:
1645 (1) "Criminal activity" means to commit, to attempt to
1646 commit, to conspire to commit, or to solicit, coerce, or
1647 intimidate another person to commit:
1648 (a) Any crime that is chargeable by indictment or
1649 information under the following provisions:
1650 1. Section 210.18, relating to evasion of payment of
1651 cigarette taxes.
1652 2. Section 414.39, relating to public assistance fraud.
1653 3. Section 440.105 or s. 440.106, relating to workers'
1654 compensation.
1655 4. Part IV of chapter 501, relating to telemarketing.
1656 5. Chapter 517, relating to securities transactions.
1657 6. Section 550.235 or s. 550.3551, relating to dogracing
1658 and horseracing.
1659 7. Chapter 550, relating to jai alai frontons.
1660 8. Chapter 552, relating to the manufacture, distribution,
1661 and use of explosives.
1662 9. Chapter 562, relating to beverage law enforcement.
1663 10. Section 624.401, relating to transacting insurance
1664 without a certificate of authority, s. 624.437(4)(c)1., relating
1665 to operating an unauthorized multiple-employer welfare
1666 arrangement, or s. 626.902(1)(b), relating to representing or
1667 aiding an unauthorized insurer.
1668 11. Chapter 687, relating to interest and usurious
1669 practices.
1670 12. Section 721.08, s. 721.09, or s. 721.13, relating to
1671 real estate timeshare plans.
1672 13. Chapter 782, relating to homicide.
1673 14. Chapter 784, relating to assault and battery.
1674 15. Chapter 787, relating to kidnapping or human
1675 trafficking.
1676 16. Chapter 790, relating to weapons and firearms.
1677 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
1678 relating to prostitution.
1679 18. Chapter 806, relating to arson.
1680 19. Section 810.02(2)(c), relating to specified burglary
1681 of a dwelling or structure.
1682 20. Chapter 812, relating to theft, robbery, and related
1683 crimes.
1684 21. Chapter 815, relating to computer-related crimes.
1685 22. Chapter 817, relating to fraudulent practices, false
1686 pretenses, fraud generally, and credit card crimes.
1687 23. Section 827.071, relating to commercial sexual
1688 exploitation of children.
1689 24. Chapter 831, relating to forgery and counterfeiting.
1690 25. Chapter 832, relating to issuance of worthless checks
1691 and drafts.
1692 26. Section 836.05, relating to extortion.
1693 27. Chapter 837, relating to perjury.
1694 28. Chapter 838, relating to bribery and misuse of public
1695 office.
1696 29. Chapter 843, relating to obstruction of justice.
1697 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1698 s. 847.07, relating to obscene literature and profanity.
1699 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1700 849.25, relating to gambling.
1701 32. Chapter 893, relating to drug abuse prevention and
1702 control.
1703 33. Section 914.22 or s. 914.23, relating to witnesses,
1704 victims, or informants.
1705 34. Section 918.12, s. 918.125, or s. 918.13, relating to
1706 tampering with or harassing court officials, retaliating against
1707 court officials, and tampering with evidence.
1708 (2) "Unlawful debt" means any money or other thing of
1709 value constituting principal or interest of a debt that is
1710 legally unenforceable in this state in whole or in part because
1711 the debt was incurred or contracted:
1712 (a) In violation of any one of the following provisions of
1713 law:
1714 1. Section 550.235 or s. 550.3551, relating to dogracing
1715 and horseracing.
1716 2. Chapter 550, relating to jai alai frontons.
1717 3. Section 687.071, relating to criminal usury and loan
1718 sharking.
1719 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1720 849.25, relating to gambling.
1721 Section 36. Paragraph (a) of subsection (12) of section
1722 895.02, Florida Statutes, is amended to read:
1723 895.02 Definitions.—As used in ss. 895.01-895.08, the
1724 term:
1725 (12) "Unlawful debt" means any money or other thing of
1726 value constituting principal or interest of a debt that is
1727 legally unenforceable in this state in whole or in part because
1728 the debt was incurred or contracted:
1729 (a) In violation of any one of the following provisions of
1730 law:
1731 1. Section 550.235 or s. 550.3551, relating to dogracing
1732 and horseracing.
1733 2. Chapter 550, relating to jai alai frontons.
1734 3. Section 551.109, relating to slot machine gaming.
1735 4. Chapter 687, relating to interest and usury.
1736 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1737 849.25, relating to gambling.
1738 Section 37. This act shall take effect October 1, 2026.