THE BILL ITSELF
CS/CS/CS/HB 189
Gambling
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A bill to be entitled
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An act relating to gambling; amending s. 16.712, F.S.;
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revising the contents of an annual report by the
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Florida Gaming Control Commission; amending s. 16.713,
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F.S.; prohibiting certain appointment or employment
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for a specified period before or during service with
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the commission; amending s. 16.715, F.S.; revising
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standards of conduct for the commission; prohibiting
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certain post-employment activities for former
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commissioners and employees for a specified period;
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amending s. 20.055, F.S.; revising the definition of
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the term "agency head"; requiring the Florida Gaming
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Control Commission's agency head to appoint an
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inspector general; amending s. 546.10, F.S.;
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authorizing certain organizations to petition the
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commission before purchasing, installing, or operating
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a game or machine on their premises before petitioning
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for and being issued a specified declaratory statement
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from the commission if the organizations are unsure if
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such game or machine is an amusement machine;
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prohibiting such organizations from purchasing or
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installing a game or machine until an outstanding
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declaratory statement is issued; prohibiting such
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organizations from seeking a declaratory statement if
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the game or machine in question is the subject of a
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criminal investigation; authorizing petitions to be
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denied for specified grounds; requiring the commission
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to issue a declaratory statement within a specified
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timeframe; prohibiting the commission from denying a
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petition if it was validly requested; specifying the
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information that must be included in a request for a
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declaratory statement; providing that the declaratory
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statement is valid only for the game or machine for
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which it is requested; providing that the declaratory
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statement is invalid if the specifications for the
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game or machine have been changed; providing that the
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declaratory statement is binding on the commission and
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may be introduced as evidence in subsequent
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proceedings; providing construction; amending s.
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550.002, F.S.; revising the definition of the term
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"ultimate equitable owner"; amending s. 550.054, F.S.;
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revising when commission approval is needed for
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transfers of stock or other evidence of ownership of
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certain pari-mutuel permitholders; amending s.
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550.09512, F.S.; removing provisions requiring
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reissuance of escheated harness horse permits;
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amending s. 550.09515, F.S.; prohibiting reissuance of
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horse permits to certain permitholders who do not pay
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tax on handle for live races for a specified period;
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removing provisions requiring reissuance of escheated
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horse permits; amending s. 838.12, F.S.; prohibiting
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betting on athletic contests with knowledge that the
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results are prearranged or predetermined; providing
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criminal penalties; amending s. 849.01, F.S.; revising
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criminal penalties for offenses involving keeping a
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gambling house; amending s. 849.02, F.S.; increasing
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criminal penalties for specified offenses by agents or
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employees of a keeper of a gambling house; creating s.
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849.021, F.S.; defining the terms "government
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employee" and "political subdivision"; providing that
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government emloyees who take certain actions relating
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to gaming houses are subject to specified punishment;
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providing an exception; creating s. 849.023, F.S.;
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providing definitions; providing that certain
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violations of law may result in the loss of specified
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licenses or denial of application; authorizing
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licensees to retain, apply for, and be reissued a
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license in specified circumstances; providing
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additional penalties; amending s. 849.03, F.S.;
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revising criminal penalties for offenses involving
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renting a house for gambling purposes; amending s.
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849.08, F.S.; providing definitions; prohibiting
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Internet gambling and Internet sports wagering and
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related offenses; providing criminal penalties;
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providing an exceptions; amending s. 849.086, F.S.;
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prohibiting specified actions relating to the
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manipulation of card games; providing criminal
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penalties; creating s. 849.0932, F.S.; defining the
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term "fantasy sports contest"; requiring such contests
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to meet specified requirements; providing penalties
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for violations; authorizing the commission to
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investigate and refer violations for prosecution;
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authorizing enforcement actions by the Attorney
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General and state attorneys; providing criminal
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penalties for certain violations; amending s. 849.11,
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F.S.; prohibiting certain offenses relating to games
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of chance; providing criminal penalties; amending s.
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849.13, F.S.; providing enhanced criminal penalties
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for second or subsequent violations of certain
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provisions; amending s. 849.14, F.S.; revising
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criminal penalties for betting or wagering on certain
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activities; repealing s. 849.142, F.S., relating to
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exempted activities; amending s. 849.15, F.S.;
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providing definitions; providing criminal penalties
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for specified offenses relating to the manufacture,
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possession, and sale of slot machines or devices;
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creating s. 849.155, F.S.; prohibiting trafficking in
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slot machines, devices, or part thereof; defining the
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term "part thereof"; providing criminal penalties;
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providing for the deposit of fines into a specified
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trust fund for specified purposes; creating s.
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849.157, F.S.; prohibiting the making of a false or
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misleading statement regarding the legality of slot
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machines or devices for specified purposes; providing
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criminal penalties; creating s. 849.181; providing
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legislative intent; providing definitions; authorizing
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criminal justice agencies to destroy excess slot
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machines after meeting certain requirements; providing
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that certain recordings are deemed to be competent
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evidence in certain circumstances; providing for
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severability; repealing s. 849.23, F.S., relating to
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penalties for violations of specified provisions;
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creating s. 849.47, F.S.; defining the term "illegal
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gambling"; prohibiting the transportation of specified
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numbers of persons or persons of certain ages, for the
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purpose of facilitating illegal gambling; providing
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criminal penalties; creating s. 849.48, F.S.; defining
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the term "illegal gambling"; prohibiting specified
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gambling or gaming advertisements; providing criminal
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penalties; providing construction; creating s. 849.49,
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F.S.; prohibiting specified political subdivisions
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from enacting or enforcing certain ordinances and
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rules; creating s. 849.50, F.S.; providing legislative
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findings; authorizing the Florida Gaming Control
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Commission to take certain actions relating to a
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statewide program for a specified purpose; providing
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that persons who participate in the program shall not
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face criminal prosecution in certain circumstances;
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requiring the program be begin and end at specified
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times; requiring the commission to advertise the
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program in a specified manner; providing construction;
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authorizing the commission to execute memorandums of
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understanding with specified agencies for a certain
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purpose; amending s. 903.046, F.S.; revising the
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factors a court shall consider when making specified
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determinations; amending s. 921.0022, F.S.; ranking
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offenses for purposes of the offense severity ranking
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chart of the Criminal Punishment Code; amending ss.
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16.71, 772.102, and 895.02, F.S.; conforming
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provisions to changes made by the act; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present paragraph (i) of subsection (3) of
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section 16.712, Florida Statutes, is redesignated as paragraph
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(k), new paragraphs (i) and (j) are added to that subsection,
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and paragraph (h) of that subsection is amended, to read:
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16.712 Florida Gaming Control Commission authorizations,
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duties, and responsibilities.—
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(3) By December 1 of each year, the commission shall make
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an annual report to the Governor, the President of the Senate,
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and the Speaker of the House of Representatives. The report
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must, at a minimum, include all of the following:
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(h) A summary of actions taken and investigations
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conducted by the commission, including the number of
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investigations that led to criminal charges or any information
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being filed and the resolution of such criminal charges or case.
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(i) The number of complaints received by the commission
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categorized by subject matter or the type of complaint and a
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summary of the action taken on each complaint by the commission.
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(j) A list of property seized by the commission during the
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course of investigations, and the disposition of such property,
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including a list of forfeiture actions. Section 2. Paragraphs (a) and (b) of subsection (2) of
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section 16.713, Florida Statutes, are amended to read:
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16.713 Florida Gaming Control Commission; appointment and
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employment restrictions.—
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(2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
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INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
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COMMISSION.—
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(a) A person may not, for the 2 years immediately
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preceding the date of appointment to or employment with the
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commission and while appointed to or employed with the
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commission:
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1. Hold a permit or license issued under chapter 550 or a
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license issued under chapter 551 or chapter 849; be an officer,
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official, or employee of such permitholder or licensee; or be an
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ultimate equitable owner, as defined in s. 550.002(37), of such
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permitholder or licensee;
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2. Be an officer, official, employee, or other person with
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duties or responsibilities relating to a gaming operation owned
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by an Indian tribe that has a valid and active compact with the
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state; be a contractor or subcontractor of such tribe or an
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entity employed, licensed, or contracted by such tribe; or be an
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ultimate equitable owner, as defined in s. 550.002(37), of such
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entity;
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3. Be a registered lobbyist for the executive or
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legislative branch, except while a commissioner or employee of
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the commission when officially representing the commission or
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unless the person registered as a lobbyist for the executive or
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legislative branch while employed by a state agency as defined
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in s. 110.107 during the normal course of his or her employment
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with such agency and he or she has not lobbied on behalf of any
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entity other than a state agency during the 2 years immediately
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preceding the date of his or her appointment to or employment
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with the commission; or
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4. Be a bingo game operator or an employee of a bingo game
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operator; or
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5. Be an employee, associate, owner, or contractor for any
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person or entity that conducts or facilitates an activity
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regulated, enforced, or investigated by the commission,
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including fantasy sports contests and other betting activities.
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(b) A person is ineligible for appointment to or
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employment with the commission if, within the 2 years
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immediately preceding such appointment or employment, he or she
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violated paragraph (a) or solicited or accepted employment with,
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acquired any direct or indirect interest in, or had any direct
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or indirect business association, partnership, or financial
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relationship with, or is a relative of:
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1. Any person or entity who is an applicant, licensee, or
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registrant with the commission; or
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2. Any officer, official, employee, or other person with
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duties or responsibilities relating to a gaming operation owned
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by an Indian tribe that has a valid and active compact with the
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state; any contractor or subcontractor of such tribe or an
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entity employed, licensed, or contracted by such tribe; or any
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ultimate equitable owner, as defined in s. 550.002(37), of such
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entity; or
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3. Any person or entity that conducts or facilitates an
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activity regulated, enforced, or investigated by the commission,
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including fantasy sports contests and other betting activities.
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For the purposes of this subsection, the term "relative" means a
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spouse, father, mother, son, daughter, grandfather, grandmother,
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brother, sister, uncle, aunt, cousin, nephew, niece, father-in-
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law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
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sister-in-law, stepfather, stepmother, stepson, stepdaughter,
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stepbrother, stepsister, half brother, or half sister. Section 3. Paragraph (b) of subsection (1) and paragraphs
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(b) and (c) of subsection (2) of section 16.715, Florida
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Statutes, are amended to read:
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16.715 Florida Gaming Control Commission standards of
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conduct; ex parte communications.—
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(1) STANDARDS OF CONDUCT.—
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(b)1. A commissioner or employee of the commission may not
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accept anything from any business entity that, either directly
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or indirectly, owns or controls any person regulated by the
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commission or from any business entity that, either directly or
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indirectly, is an affiliate or subsidiary of any person
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regulated by the commission.
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2. A commissioner or an employee may attend conferences,
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along with associated meals and events that are generally
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available to all conference participants, without payment of any
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fees in addition to the conference fee. Additionally, while
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attending a conference, a commissioner or an employee may attend
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meetings, meals, or events that are not sponsored, in whole or
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in part, by any representative of any person regulated by the
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commission and that are limited to commissioners or employees
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only, committee members, or speakers if the commissioner or
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employee is a member of a committee of the association of
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regulatory agencies which organized the conference or is a
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speaker at the conference. It is not a violation of this
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subparagraph for a commissioner or an employee to attend a
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conference for which conference participants who are employed by
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a person regulated by the commission have paid a higher
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conference registration fee than the commissioner or employee,
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or to attend a meal or event that is generally available to all
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conference participants without payment of any fees in addition
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to the conference fee and that is sponsored, in whole or in
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part, by a person regulated by the commission.
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3. While employed, and for 2 years after service as a
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commissioner or for 2 years after employment with the
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commission, a commissioner or an employee may not accept any
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form of employment with or engage in any business activity with
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any business entity that, either directly or indirectly, owns or
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controls any person regulated by the commission; any person
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regulated by the commission; or any business entity that, either
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directly or indirectly, is an affiliate or subsidiary of any
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person regulated by the commission; or be an employee,
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associate, owner, or contractor for any person or entity that
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conducts or facilitates an activity regulated, enforced, or
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investigated by the commission, including fantasy sports
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contests and other betting activities.
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4. While employed, and for 2 years after service as a
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commissioner or for 2 years after employment with the
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commission, a commissioner, an employee, or a relative living in
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the same household as a commissioner or an employee may not have
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any financial interest, other than shares in a mutual fund, in
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any person regulated by the commission; in any business entity
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that, either directly or indirectly, owns or controls any person
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regulated by the commission; or in any business entity that,
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either directly or indirectly, is an affiliate or a subsidiary
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of any person regulated by the commission; or be an employee,
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associate, owner, or contractor for any person or entity that
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conducts or facilitates an activity regulated, enforced, or
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investigated by the commission, including fantasy sports
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contests and other betting activities. If a commissioner, an
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employee, or a relative living in the same household as a
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commissioner or an employee acquires any financial interest
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prohibited by this subsection during the commissioner's term of
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office or the employee's employment with the commission as a
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result of events or actions beyond the commissioner's, the
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employee's, or the relative's control, he or she shall
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immediately sell such financial interest. For the purposes of
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this subsection, the term "relative" has the same meaning as in
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s. 16.713(2)(b).
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5. A commissioner or an employee may not accept anything
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from a party in a proceeding currently pending before the
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commission.
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6. A commissioner may not serve as the representative of
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any political party or on any executive committee or other
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governing body of a political party; serve as an executive
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officer or employee of any political party, committee,
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organization, or association; receive remuneration for
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activities on behalf of any candidate for public office; engage
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on behalf of any candidate for public office in the solicitation
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of votes or other activities on behalf of such candidacy; or
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become a candidate for election to any public office without
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first resigning from office.
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7. A commissioner, during his or her term of office, may
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not make any public comment regarding the merits of any
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proceeding under ss. 120.569 and 120.57 currently pending before
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the commission.
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8. A commissioner or an employee may not act in an
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unprofessional manner at any time during the performance of
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official duties.
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9. A commissioner or an employee must avoid impropriety in
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all activities and must act at all times in a manner that
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promotes public confidence in the integrity and impartiality of
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the commission.
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10. A commissioner or an employee may not directly or
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indirectly, through staff or other means, solicit anything of
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value from any person regulated by the commission, or from any
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business entity that, whether directly or indirectly, is an
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affiliate or a subsidiary of any person regulated by the
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commission, or from any party appearing in a proceeding
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considered by the commission in the last 2 years.
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11. A commissioner may not lobby the Governor or any
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agency of the state, members or employees of the Legislature, or
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any county or municipal government or governmental agency except
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to represent the commission in an official capacity.
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(2) FORMER COMMISSIONERS AND EMPLOYEES.—
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(b) A commissioner, the executive director, or an employee
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of the commission may not, for the 2 years immediately following
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the date of resignation or termination from the commission:
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1. Hold a permit or license issued under chapter 550, or a
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license issued under chapter 551 or chapter 849; be an officer,
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official, or employee of such permitholder or licensee; or be an
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ultimate equitable owner, as defined in s. 550.002(37), of such
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permitholder or licensee; or be an employee, associate, owner,
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or contractor for any person or entity that conducts or
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facilitates an activity regulated, enforced, or investigated by
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the commission, including fantasy sports contests and other
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betting activities;
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2. Accept employment by or compensation from a business
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entity that, directly or indirectly, owns or controls a person
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regulated by the commission; from a person regulated by the
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commission; from a business entity which, directly or
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indirectly, is an affiliate or subsidiary of a person regulated
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by the commission; or from a business entity or trade
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association that has been a party to a commission proceeding
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within the 2 years preceding the member's resignation or
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termination of service on the commission; or from any person or
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entity that conducts or facilitates an activity regulated,
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enforced, or investigated by the commission, including fantasy
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sports contests and other betting activities; or
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3. Be a bingo game operator or an employee of a bingo game
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operator.
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(c) A person employed by the commission may not, for the 2
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years immediately following the date of termination or
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resignation from employment with the commission:
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1. Hold a permit or license issued under chapter 550, or a
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license issued under chapter 551 or chapter 849; be an officer,
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official, or employee of such permitholder or licensee; or be an
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ultimate equitable owner, as defined in s. 550.002(37), of such
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permitholder or licensee; or be an employee, associate, owner,
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or contractor for any person or entity that conducts or
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facilitates an activity regulated, enforced, or investigated by
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the commission, including fantasy sports contests and other
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betting activities; or
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2. Be a bingo game operator or an employee of a bingo game
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operator.
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Section 4. Paragraph (a) of subsections (1) and paragraph
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(a) of subsection (3) of section 20.055, Florida Statutes, are
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amended to read:
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20.055 Agency inspectors general.—
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(1) As used in this section, the term:
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(a) "Agency head" means the Governor, a Cabinet officer,
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or a secretary or executive director as those terms are defined
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in s. 20.03, the chair of the Public Service Commission, the
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Director of the Office of Insurance Regulation of the Financial
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Services Commission, the Director of the Office of Financial
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Regulation of the Financial Services Commission, the board of
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directors of the Florida Housing Finance Corporation, the
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commissioners chair of the Florida Gaming Control Commission,
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and the Chief Justice of the State Supreme Court.
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(3)(a)1. For state agencies under the jurisdiction of the
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Cabinet or the Governor and Cabinet, or for the Florida Gaming
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Control Commission, the inspector general shall be appointed by
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the agency head. For state agencies under the jurisdiction of
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the Governor, the inspector general shall be appointed by the
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Chief Inspector General. The agency head or Chief Inspector
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General shall notify the Governor in writing of his or her
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intention to hire the inspector general at least 7 days before
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an offer of employment. The inspector general shall be appointed
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without regard to political affiliation.
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2. Within 60 days after a vacancy or anticipated vacancy
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in the position of inspector general, the agency head or, for
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agencies under the jurisdiction of the Governor, the Chief
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Inspector General, shall initiate a national search for an
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inspector general and shall set the salary of the inspector
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general. Effective July 1, 2017, an agency that enters into an
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employment agreement, or renewal or renegotiation of an existing
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contract or employment agreement with an inspector general or
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deputy inspector, may not offer a bonus on work performance in
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the contract or agreement and the awarding of such bonuses is
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prohibited. In the event of a vacancy in the position of
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inspector general, the agency head or, for agencies under the
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jurisdiction of the Governor, the Chief Inspector General, may
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appoint other office of inspector general management personnel
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as interim inspector general until such time as a successor
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inspector general is appointed.
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3. A former or current elected official may not be
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appointed inspector general within 5 years after the end of such
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individual's period of service. This restriction does not
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prohibit the reappointment of a current inspector general.
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Section 5. Present subsections (8) and (9) of section
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546.10, Florida Statutes, are renumbered as subsections (9) and
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(10), respectively, and a new subsection (8) is added to that
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section, to read:
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546.10 Amusement games or machines.—
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(8)(a)1. Before purchasing or installing a game or machine
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on the premises of any veterans' service organization granted a
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federal charter under Title 36, U.S.C., or a division, a
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department, a post, or a chapter of such organization, for which
427
an alcoholic beverage license has been issued, and the veterans'
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service organization is in doubt about whether a machine meets
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the definition of an amusement machine under this section, the
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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.
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2. If there is a game or machine currently on the premises
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of any veterans' service organization granted a federal charter
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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
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is in doubt about whether a machine meets the definition of an
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amusement machine under this section, the organization may
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petition the commission for a declaratory statement pursuant to
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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.
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3. The commission shall issue a declaratory statement
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pursuant to this subsection within 60 days after receiving a
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petition requesting such statement. The commission may not deny
454
a petition that is validly requested pursuant to this subsection
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and s. 120.565.
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(b) A petition made under this subsection must provide
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enough information for the commission to issue the declaratory
458
statement and must be accompanied by the exact specifications
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for the type of game or machine that the organization will
460
purchase or install or currently has on the premises. The
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declaratory statement is valid only for the game or machine for
462
which it is requested and is invalid if the specifications for
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the game or the machine have been changed.
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(c) The declaratory statement is binding on the commission
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and may be introduced in any subsequent proceedings as evidence
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of a good faith effort to comply with this section or chapter
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849.
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(d) This subsection does not prevent the commission or any
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other criminal justice agency as defined in s. 943.045 from
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detecting, apprehending, and arresting a person for any alleged
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violation of this chapter, chapter 24, part II of chapter 285,
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chapter 550, chapter 551, or chapter 849, or any rule adopted
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pursuant thereto, or of any law of this state.
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(e) This subsection does not require an owner or an
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operator of an amusement game or machine under this section to
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request or obtain a declaratory statement in order to operate
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pursuant to this section.
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Section 6. Subsection (37) of section 550.002, Florida
479
Statutes, is amended to read:
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550.002 Definitions.—As used in this chapter, the term:
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(37) "Ultimate equitable owner" means a natural person
482
who, directly or indirectly, owns or controls 5 percent or more
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of an ownership interest in a corporation, foreign corporation,
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or alien business organization, regardless of whether such
485
person owns or controls such ownership through one or more
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natural persons or one or more proxies, powers of attorney,
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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
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(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).
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(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.
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(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.