SESSION WATCH
THE BILL ITSELF

HB 591

Gambling

VERSION H 591 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

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

1 A bill to be entitled
2 An act relating to gambling; amending s. 16.71, F.S.;
3 deleting obsolete provisions; deleting language
4 concerning factors to be considered in appointments to
5 the Florida Gaming Control Commission; amending s.
6 551.104, F.S.; revising hiring and procurement policy
7 and reporting requirements for slot machine gaming
8 licensure; amending s. 838.12, F.S.; prohibiting
9 betting on athletic contests with knowledge that the
10 results are prearranged or predetermined; providing
11 criminal penalties; amending s. 843.08, F.S.;
12 prohibiting false personation of personnel of the
13 Florida Gaming Control Commission; providing criminal
14 penalties; amending s. 849.01, F.S.; revising criminal
15 penalties for offenses involving keeping a gambling
16 house; amending s. 849.02, F.S.; increasing criminal
17 penalties for specified offenses by agents or
18 employees of a keeper of a gambling house; amending s.
19 849.03, F.S.; revising criminal penalties for offenses
20 involving renting a house for gambling purposes;
21 amending s. 849.08, F.S.; defining the terms "Internet
22 gambling" and "Internet sports wagering"; prohibiting
23 Internet gambling and Internet sports wagering and
24 related offenses; providing criminal penalties;
25 providing an exception; amending s. 849.086, F.S.;
26 prohibiting specified actions relating to manipulation
27 of card games; providing criminal penalties; amending
28 s. 849.11, F.S.; prohibiting certain offenses related
29 to games of chance involving the Internet; providing
30 criminal penalties; amending s. 849.13, F.S.;
31 providing enhances criminal penalties for second or
32 subsequent violations of certain provisions; amending
33 s. 849.14, F.S.; revising the criminal penalties for
34 betting or wagering on certain activities; amending s.
35 849.15, F.S.; providing definitions; providing
36 criminal penalties for specified offenses relating to
37 the manufacture, possession, and sale of slot machines
38 or devices; creating s. 849.155, F.S.; prohibiting
39 trafficking in slot machines, devices, or parts
40 thereof; providing criminal penalties; providing for
41 the deposit of fines into a specified trust fund for
42 specified purposes; creating s. 849.157, F.S.;
43 prohibiting the making of a false or misleading
44 statement regarding the legality of slot machines or
45 devices for specified purposes; providing criminal
46 penalties; repealing s. 849.23, F.S., relating to
47 penalties for violations of specified sections;
48 creating s. 849.47, F.S.; defining the term "illegal
49 gambling"; prohibiting the transportation of specified
50 numbers of persons, persons of certain ages, or a
51 certain number of persons for the purpose of
52 facilitating illegal gambling; providing criminal
53 penalties; creating s. 849.48, F.S.; defining the term
54 "illegal gambling"; prohibiting specified gambling or
55 gaming advertisements; providing criminal penalties;
56 providing construction; creating s. 849.49, F.S.;
57 preempting to the state the regulation of gaming,
58 gambling, lotteries, or any activities described in
59 specified provisions; amending s. 903.046, F.S.;
60 providing for consideration of the amount of currency
61 seized connected to or involved in specified gambling
62 or gaming offenses when determining whether to release
63 a defendant prior to trial; amending s. 921.0022,
64 F.S.; ranking offenses for purposes of the offense
65 severity ranking chart of the Criminal Punishment
66 Code; amending ss. 772.102 and 895.02, F.S.;
67 conforming provisions to changes made by the act;
68 providing an effective date.
70 Be It Enacted by the Legislature of the State of Florida:
72 Section 1. Paragraph (a) of subsection (2) of section
73 16.71, Florida Statutes, is amended to read:
74 16.71 Florida Gaming Control Commission; creation;
75 meetings; membership.—
76 (2) MEMBERSHIP.—
77 (a) The commission shall consist of five members appointed
78 by the Governor, and subject to confirmation by the Senate, for
79 terms of 4 years. Members of the commission must be appointed by
80 January 1, 2022. The Governor shall consider appointees who
81 reflect Florida's racial, ethnic, and gender diversity. Of the
82 initial five members appointed by the Governor, and immediately
83 upon appointment, the Governor shall appoint one of the members
84 as the initial chair and one of the members as the initial vice
85 chair. At the end of the initial chair's and vice chair's terms
86 pursuant to subparagraph 1., the commission shall elect one of
87 the members of the commission as chair and one of the members of
88 the commission as vice chair.
89 1. For the purpose of providing staggered terms, of the
90 initial appointments, two members shall be appointed to 4-year
91 terms, two members shall be appointed to 3-year terms, and one
92 member shall be appointed to a 2-year term.
93 2. Of the five members, at least one member must have at
94 least 10 years of experience in law enforcement and criminal
95 investigations, at least one member must be a certified public
96 accountant licensed in this state with at least 10 years of
97 experience in accounting and auditing, and at least one member
98 must be an attorney admitted and authorized to practice law in
99 this state for at least the preceding 10 years.
100 Section 2. Paragraph (i) of subsection (4) of section
101 551.104, Florida Statutes, is amended to read:
102 551.104 License to conduct slot machine gaming.—
103 (4) As a condition of licensure and to maintain continued
104 authority for the conduct of slot machine gaming, the slot
105 machine licensee shall:
106 (i) Create and file with the commission a written policy
107 for:
108 1. Creating opportunities to purchase from vendors in this
109 state, including minority vendors.
110 2. Creating opportunities for employment of residents of
111 this state, including minority residents.
112 3. Ensuring opportunities for construction services from a
113 small business as defined in s. 288.703 minority contractors.
114 4. Ensuring that opportunities for employment are offered
115 on an equal, nondiscriminatory basis.
116 5. Training for employees on responsible gaming and
117 working with a compulsive or addictive gambling prevention
118 program to further its purposes as provided for in s. 551.118.
119 6. The implementation of a drug-testing program that
120 includes, but is not limited to, requiring each employee to sign
121 an agreement that he or she understands that the slot machine
122 facility is a drug-free workplace.
124 The slot machine licensee shall use the Internet-based job-
125 listing system of the Department of Commerce in advertising
126 employment opportunities. Each slot machine licensee shall
127 provide an annual report to the Florida Gaming Control
128 Commission containing information indicating compliance with
129 this paragraph in regard to minority persons. Section 3. Section 838.12, Florida Statutes, is amended,
131 to read:
132 838.12 Bribery in athletic contests.—
133 (1) Whoever gives, promises, offers or conspires to give,
134 promise or offer, to anyone who participates or expects to
135 participate in any professional or amateur game, contest, match,
136 race or sport; or to any umpire, referee, judge or other
137 official of such game, contest, match, race or sport; or to any
138 owner, manager, coach or trainer of, or to any relative of, or
139 to any person having any direct, indirect, remote or possible
140 connection with, any team, individual, participant or
141 prospective participant in any such professional or amateur
142 game, contest, match, race or sport, or the officials aforesaid,
143 any bribe, money, goods, present, reward or any valuable thing
144 whatsoever, or any promise, contract or agreement whatsoever,
145 with intent to influence him or her or them to lose or cause to
146 be lost any game, contest, match, race or sport, or to limit his
147 or her or their or any person's or any team's margin of victory
148 in any game, contest, match, race, or sport, or to fix or throw
149 any game, contest, match, race or sport, commits shall be guilty
150 of a felony of the third degree, punishable as provided in s.
151 775.082, s. 775.083, or s. 775.084.
152 (2) Any participant or prospective participant in any
153 professional or amateur game, contest, match, race or sport; or
154 any umpire, referee, judge or other official of such game,
155 contest, match, race or sport; or any owner, manager, coach or
156 trainer of, or any relative of, or any person having any direct,
157 indirect, remote or possible connection with, any team,
158 individual, participant or prospective participant in any such
159 professional or amateur game, contest, match, race or sport, or
160 the officials aforesaid; who in any way solicits, receives or
161 accepts, or agrees to receive or accept, or who conspires to
162 receive or accept, any bribe, money, goods, present, reward or
163 any valuable thing whatsoever, or any promise, contract or
164 agreement whatsoever, with intent to lose or cause to be lost
165 any game, contest, match, race or sport, or to limit his, her,
166 their or any person's or any team's margin of victory in any
167 game, contest, match, race or sport, or to fix or throw any
168 game, contest, match, race or sport, commits shall be guilty of
169 a felony of the third degree, punishable as provided in s.
170 775.082, s. 775.083, or s. 775.084.
171 (3) A person who stakes, bets, or wagers any money or
172 other thing of value upon the result of any professional or
173 amateur game, contest, match, race, or sport with knowledge that
174 the results of such professional or amateur game, contest,
175 match, race, or sport are prearranged or predetermined as
176 described in subsection (1) or subsection (2) commits a felony
177 of the third degree, punishable as provided in s. 775.082, s.
178 775.083, or s. 775.084.
179 Section 4. Section 843.08, Florida Statutes, is amended to read:
181 843.08 False personation.—A person who falsely assumes or
182 pretends to be a firefighter, a sheriff, an officer of the
183 Florida Highway Patrol, an officer of the Fish and Wildlife
184 Conservation Commission, an officer of the Department of
185 Environmental Protection, an officer of the Department of
186 Financial Services, any personnel or representative of the
187 Division of Criminal Investigations, any personnel or
188 representative of the Florida Gaming Control Commission, an
189 officer of the Department of Corrections, a correctional
190 probation officer, a deputy sheriff, a state attorney or an
191 assistant state attorney, a statewide prosecutor or an assistant
192 statewide prosecutor, a state attorney investigator, a coroner,
193 a police officer, a lottery special agent or lottery
194 investigator, a beverage enforcement agent, a school guardian as
195 described in s. 30.15(1)(k), a security officer licensed under
196 chapter 493, any member of the Florida Commission on Offender
197 Review or any administrative aide or supervisor employed by the
198 commission, any personnel or representative of the Department of
199 Law Enforcement, or a federal law enforcement officer as defined
200 in s. 901.1505, and takes upon himself or herself to act as
201 such, or to require any other person to aid or assist him or her
202 in a matter pertaining to the duty of any such officer, commits
203 a felony of the third degree, punishable as provided in s.
204 775.082, s. 775.083, or s. 775.084. However, a person who
205 falsely personates any such officer during the course of the
206 commission of a felony commits a felony of the second degree,
207 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
208 If the commission of the felony results in the death or personal
209 injury of another human being, the person commits a felony of
210 the first degree, punishable as provided in s. 775.082, s.
211 775.083, or s. 775.084. In determining whether a defendant has
212 violated this section, the court or jury may consider any
213 relevant evidence, including, but not limited to, whether the
214 defendant used lights in violation of s. 316.2397 or s. 843.081. Section 5. Section 849.01, Florida Statutes, is amended to
216 read:
217 849.01 Keeping gambling houses, etc.—Whoever by herself or
218 himself, her or his servant, clerk or agent, or in any other
219 manner has, keeps, exercises or maintains a gaming table or
220 room, or gaming implements or apparatus, or house, booth, tent,
221 shelter or other place for the purpose of gaming or gambling or
222 in any place of which she or he may directly or indirectly have
223 charge, control or management, either exclusively or with
224 others, procures, suffers or permits any person to play for
225 money or other valuable thing at any game whatever, whether
226 heretofore prohibited or not, commits a felony misdemeanor of
227 the third second degree, punishable as provided in s. 775.082,
228 or s. 775.083, or s. 775.084.
229 Section 6. Section 849.02, Florida Statutes, is amended to read:
231 849.02 Agents or employees of keeper of gambling house.—A
232 person who Whoever acts as servant, clerk, agent, or employee of
233 any person in the violation of s. 849.01 commits:
234 (1) For a first offense, a misdemeanor of the first
235 degree, punishable as provided in s. 775.082 or s. 775.083.
236 (2) For a second offense, a felony of the third degree,
237 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
238 (3) For a third or subsequent offense, a felony of the
239 second degree, punishable as provided in s. 775.082, s. 775.083,
240 or s. 775.084 shall be punished in the manner and to the extent
241 therein mentioned.
242 Section 7. Section 849.03, Florida Statutes, is amended to
243 read:
244 849.03 Renting house for gambling purposes.—A person who
245 Whoever, whether as owner or agent, knowingly rents to another a
246 house, room, booth, tent, shelter or place for the purpose of
247 gaming commits:
248 (1) For a first offense, a felony of the third degree,
249 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
250 shall be punished in the manner and to the extent mentioned in
251 s. 849.01.
252 (2) For a second or subsequent violation, a felony of the
253 second degree, punishable as provided in s. 775.082, s. 775.083,
254 or s. 775.084. Section 8. Section 849.08, Florida Statutes, is amended to
256 read:
257 849.08 Gambling.—
258 (1) As used in this section, the term:
259 (a) "Internet gambling" means to play or engage in any
260 game in which money or other thing of value is awarded based on
261 chance, regardless of any application of skill, that is
262 available on the Internet and accessible on a mobile device,
263 computer terminal, or other similar access device and simulates
264 casino-style gaming, including, but not limited to, slot
265 machines, video poker, and table games.
266 (b) "Internet sports wagering" means to stake, bet, or
267 wager any money or other thing of value upon the result of any
268 trial or contest of skill, speed, power, or endurance of human
269 or beast that is available on the Internet and accessible on a
270 mobile device, computer terminal, or other similar access
271 device.
272 (2) A person who Whoever plays or engages in Internet
273 gambling, any game at cards, keno, roulette, faro or other game
274 of chance, at any place, by any device whatever, for money or
275 other thing of value, commits shall be guilty of a misdemeanor
276 of the second degree, punishable as provided in s. 775.082 or s.
277 775.083.
278 (3) A person who plays or engages in Internet sports
279 wagering commits:
280 (a) For a first offense, a misdemeanor of the second
281 degree, punishable as provided in s. 775.082 or s. 775.083.
282 (b) For a second or subsequent violation, a misdemeanor of
283 the first degree, punishable as provided in s. 775.082 or s.
284 775.083.
285 (4) A person who operates, conducts, or promotes Internet
286 gambling or Internet sports wagering, or receives in any manner
287 whatsoever any money or other thing of value offered for the
288 purpose of Internet gambling or Internet sports wagering, or
289 whoever knowingly becomes the custodian or depositary of any
290 money or other thing of value so offered, or whoever aids,
291 assists, abets, or influences in any manner in any of such acts,
292 all of which are hereby forbidden, commits a felony of the third
293 degree, punishable as provided in s. 775.082, s. 775.083, or s.
294 775.084.
295 (5) This section does not apply to participation in, or
296 the conduct of, any gaming activities authorized under s.
297 285.710(13) and conducted pursuant to a gaming compact ratified
298 and approved under s. 285.710(3).
299 Section 9. Paragraph (e) is added to subsection (12) of
300 section 849.086, Florida Statutes, to read:
301 849.086 Cardrooms authorized.—
302 (12) PROHIBITED ACTIVITIES.—
303 (e) A person who manipulates or attempts to manipulate the
304 playing cards, outcome, or payoff of a card game in a licensed
305 cardroom by physical tampering or by use of any object,
306 instrument, or device, whether mechanical, electrical, magnetic,
307 or involving other means, commits a felony of the third degree,
308 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
309 Section 10. Section 849.11, Florida Statutes, is amended
310 to read:
311 849.11 Plays at games of chance by lot.—
312 (1) A person who Whoever sets up, promotes or plays in
313 person or by the use, at least in part, of the Internet, at any
314 game of chance by lot or with dice, cards, numbers, hazards or
315 any other gambling device whatever for, or for the disposal of
316 money or other thing of value or under the pretext of a sale,
317 gift or delivery thereof, or for any right, share or interest
318 therein, commits shall be guilty of a misdemeanor of the second
319 degree, punishable as provided in s. 775.082 or s. 775.083.
320 (2) A person who sets up, operates, conducts, promotes, or
321 receives in any manner whatsoever any money or other thing of
322 value offered for the purpose of conduct prohibited in
323 subsection (1), or whoever knowingly becomes the custodian or
324 depositary of any money or other thing of value so offered, or
325 whoever aids, assists, abets, or influences in any manner in any
326 of such acts, commits a felony of the third degree, punishable
327 as provided in s. 775.082, s. 775.083, or s. 775.084.
328 Section 11. Section 849.13, Florida Statutes, is amended
329 to read:
330 849.13 Punishment on Second or subsequent conviction.—A
331 person who commits a second or subsequent violation of the same
332 Whoever, after being convicted of an offense forbidden by law in
333 connection with lotteries for which there is no penalty
334 specified for a second or subsequent violation, shall have the
335 offense reclassified to an offense of the next higher degree,
336 commits the like offense, shall be guilty of a misdemeanor of
337 the first degree, punishable as provided in s. 775.082, or s.
338 775.083, or s. 775.084. For purposes of sentencing under chapter
339 921, a felony offense that is reclassified under this subsection
340 is ranked one level above the ranking under s. 921.0022 or s.
341 921.0023 of the felony offense committed.
342 Section 12. Section 849.14, Florida Statutes, is amended
343 to read:
344 849.14 Unlawful to bet on result of trial or contest of
345 skill, etc.—A person who Whoever stakes, bets, or wagers any
346 money or other thing of value upon the result of any trial or
347 contest of skill, speed or power or endurance of human or beast,
348 or whoever receives in any manner whatsoever any money or other
349 thing of value staked, bet, or wagered, or offered for the
350 purpose of being staked, bet, or wagered, by or for any other
351 person upon any such result, or whoever knowingly becomes the
352 custodian or depositary of any money or other thing of value so
353 staked, bet, or wagered upon any such result, or whoever aids,
354 or assists, or abets, or influences in any manner in any of such
355 acts all of which are hereby forbidden, commits a felony of the
356 third degree, punishable as provided in s. 775.082, or s.
357 775.083, or s. 775.084.
358 Section 13. Section 849.15, Florida Statutes, is amended
359 to read:
360 849.15 Manufacture, sale, possession, etc., of slot
361 machines or devices prohibited.—
362 (1) As used in this section, the term:
363 (a) "Conviction" means a determination of guilt that is
364 the result of a plea or a trial, regardless of whether
365 adjudication is withheld or a plea of nolo contendere is
366 entered.
367 (b) "Person of authority" means a person who, at any
368 business, establishment, premises, or other location at which a
369 slot machine or device is offered for play, has:
370 1. Actual authority to act on behalf of the business,
371 establishment, premises, or other location where a slot machine
372 or device is offered for play; or
373 2. Any ownership interest in the business, establishment,
374 premises, or other location. The term "ownership interest"
375 includes being an officer, director, or managing member of the
376 business, establishment, premises, or other location.
377 (2)(1) It is unlawful:
378 (a) To manufacture, own, store, keep, possess, sell, rent,
379 lease, let on shares, lend or give away, transport, or expose
380 for sale or lease, or to offer to sell, rent, lease, let on
381 shares, lend or give away, or permit the operation of, or for
382 any person to permit to be placed, maintained, or used or kept
383 in any room, space, or building owned, leased or occupied by the
384 person or under the person's management or control, any slot
385 machine or device or any part thereof; or
386 (b) To make or to permit to be made with any person any
387 agreement with reference to any slot machine or device, pursuant
388 to which the user thereof, as a result of any element of chance
389 or other outcome unpredictable to him or her, may become
390 entitled to receive any money, credit, allowance, or thing of
391 value or additional chance or right to use such machine or
392 device, or to receive any check, slug, token or memorandum
393 entitling the holder to receive any money, credit, allowance or
394 thing of value.
395 (3)(a) Except as provided in paragraphs (b) and (c), a
396 person who violates subsection (2) commits a misdemeanor of the
397 first degree, punishable as provided in s. 775.082 or s.
398 775.083.
399 (b) A person commits a felony of the third degree,
400 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
401 if he or she violates subsection (2), and:
402 1. At the time of the violation, the person was a person
403 of authority; or
404 2. The person has one prior conviction for a violation of
405 this section.
406 (c) A person commits a felony of the second degree,
407 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
408 if he or she violates subsection (2), and:
409 1.a. At the time of the violation, the person was a person
410 of authority; and
411 b. The violation involves five or more slot machines or
412 devices; or
413 2. The person has two or more prior convictions for a
414 violation of this section.
415 (4)(2) Pursuant to section 2 of that chapter of the
416 Congress of the United States entitled "An act to prohibit
417 transportation of gaming devices in interstate and foreign
418 commerce," approved January 2, 1951, being ch. 1194, 64 Stat.
419 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
420 of Florida, acting by and through the duly elected and qualified
421 members of its Legislature, does hereby in this section, and in
422 accordance with and in compliance with the provisions of section
423 2 of such chapter of Congress, declare and proclaim that any
424 county of the State of Florida within which slot machine gaming
425 is authorized pursuant to chapter 551 is exempt from the
426 provisions of section 2 of that chapter of the Congress of the
427 United States entitled "An act to prohibit transportation of
428 gaming devices in interstate and foreign commerce," designated
429 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
430 shipments of gaming devices, including slot machines, into any
431 county of this state within which slot machine gaming is
432 authorized pursuant to chapter 551 and the registering,
433 recording, and labeling of which have been duly performed by the
434 manufacturer or distributor thereof in accordance with sections
435 3 and 4 of that chapter of the Congress of the United States
436 entitled "An act to prohibit transportation of gaming devices in
437 interstate and foreign commerce," approved January 2, 1951,
438 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
439 ss. 1171-1177, shall be deemed legal shipments thereof into this
440 state provided the destination of such shipments is an eligible
441 facility as defined in s. 551.102 or the facility of a slot
442 machine manufacturer or slot machine distributor as provided in
443 s. 551.109(2)(a).
444 (5) All shipments of legal gaming devices, including legal
445 slot machines, into Indian lands located within the state shall
446 be deemed legal shipments thereof provided that such Indian
447 lands are held in federal trust for the benefit of a federally
448 recognized Indian tribe that is a party to a tribal-state
449 compact with the state pursuant to the federal Indian Gaming
450 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C.
451 ss. 2701 et seq.
452 Section 14. Section 849.155, Florida Statutes, is created
453 to read:
454 849.155 Trafficking in slot machines, devices, or parts.—
455 Any person who knowingly sells, purchases, manufactures,
456 transports, delivers, or brings into this state more than 15
457 slot machines or devices or any parts thereof commits a felony
458 of the first degree, punishable as provided in s. 775.082, s.
459 775.083, or s. 775.084. If the quantity of slot machines or
460 devices or any parts thereof involved is:
461 (1) More than 15 slot machines or devices or any parts
462 thereof, but less than 25 slot machines or devices or any parts
463 thereof, such person must be fined $100,000.
464 (2) Twenty-five slot machines or devices or any parts
465 thereof or more, but less than 50 slot machines or devices or
466 any parts thereof, such person must be fined $250,000.
467 (3) Fifty slot machines or devices or any parts thereof or
468 more, such person must be fined $500,000.
469 (4) Pursuant to section 2 of the chapter of the Congress
470 of the United States entitled "An act to prohibit transportation
471 of gaming devices in interstate and foreign commerce," approved
472 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
473 designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
474 acting by and through the duly elected and qualified members of
475 its Legislature, does hereby in this section, and in accordance
476 with and in compliance with the provisions of s. 2 of such
477 chapter of Congress, declare and proclaim that any county of the
478 State of Florida within which slot machine gaming is authorized
479 pursuant to chapter 551 is exempt from the provisions of s. 2 of
480 that chapter of the Congress of the United States entitled "An
481 act to prohibit transportation of gaming devices in interstate
482 and foreign commerce," designated as 15 U.S.C. ss. 1171-1177,
483 approved January 2, 1951. All shipments of gaming devices,
484 including slot machines, into any county of this state within
485 which slot machine gaming is authorized pursuant to chapter 551
486 and the registering, recording, and labeling of which have been
487 duly performed by the manufacturer or distributor thereof in
488 accordance with ss. 3 and 4 of that chapter of the Congress of
489 the United States entitled "An act to prohibit transportation of
490 gaming devices in interstate and foreign commerce," approved
491 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
492 designated as 15 U.S.C. ss. 1171-1177, shall be deemed legal
493 shipments thereof into this state provided the destination of
494 such shipments is an eligible facility as defined in s. 551.102
495 or the facility of a slot machine manufacturer or slot machine
496 distributor as provided in s. 551.109(2)(a).
497 (5) All shipments of legal gaming devices, including legal
498 slot machines, into Indian lands located within the state shall
499 be deemed legal shipments thereof provided that such Indian
500 lands are held in federal trust for the benefit of a federally
501 recognized Indian tribe that is a party to a tribal-state
502 compact with the state pursuant to the federal Indian Gaming
503 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C.
504 ss. 2701 et seq.
506 Notwithstanding any other law, all fines imposed and collected
507 pursuant to this section must be deposited into the Pari-mutuel
508 Wagering Trust Fund and may be used for the enforcement of
509 chapters 546, 550, 551, and this chapter by the Florida Gaming
510 Control Commission.
511 Section 15. Section 849.157, Florida Statutes, is created
512 to read:
513 849.157 Making a false or misleading statement regarding
514 the legality of slot machines or devices to facilitate sale.—
515 (1) Except as provided in subsection (2), a person who
516 knowingly and willfully makes a materially false or misleading
517 statement or who knowingly and willfully disseminates false or
518 misleading information regarding the legality of a slot machine
519 or device for the purpose of facilitating the sale or delivery
520 of a slot machine or device for any money or other valuable
521 consideration commits a felony of the third degree, punishable
522 as provided in s. 775.082, s. 775.083, or s. 775.084.
523 (2) A person who violates subsection (1) when such a
524 violation involves the sale or delivery, or attempted sale or
525 delivery, of five or more slot machines or devices commits a
526 felony of the second degree, punishable as provided in s.
527 775.082, s. 775.083, or s. 775.084.
528 Section 16. Section 849.23, Florida Statutes, is repealed.
529 Section 17. Section 849.47, Florida Statutes, is created to read:
531 849.47 Transporting or procuring the transportation of
532 persons to facilitate illegal gambling.—
533 (1) As used in this section, the term "illegal gambling"
534 means any criminal violation of chapter 546, chapter 550,
535 chapter 551, or this chapter that occurs at any business,
536 establishment, premises, or other location.
537 (2) Except as provided in subsection (3), a person who
538 knowingly and willfully transports, or procures the
539 transportation of, five or more other persons into or within
540 this state when he or she knows or reasonably should know that
541 such transportation is for the purpose of facilitating illegal
542 gambling commits a misdemeanor of the first degree, punishable
543 as provided in s. 775.082 or s. 775.083.
544 (3)(a) A person who transports, or procures the
545 transportation of, a minor or a person 65 years of age or older
546 in violation of subsection (2) commits a felony of the third
547 degree, punishable as provided in s. 775.082, s. 775.083, or s.
548 775.084.
549 (b) A person who transports, or procures the
550 transportation of, 12 or more persons in violation of subsection
551 (2) commits a felony of the third degree, punishable as provided
552 in s. 775.082, s. 775.083, or s. 775.084.
553 Section 18. Section 849.48, Florida Statutes, is created
554 to read:
555 849.48 Gambling or gaming advertisements; prohibited.—
556 (1) As used in this section, the term "illegal gambling"
557 means any criminal violation of chapter 546, chapter 550,
558 chapter 551, or this chapter which occurs at any business,
559 establishment, premises, or other location.
560 (2)(a) Except as otherwise specifically authorized by law,
561 a person may not knowingly and intentionally make, publish,
562 disseminate, circulate, or place before the public, or cause,
563 directly or indirectly, to be made, published, disseminated,
564 circulated, or placed before the public in this state, in any
565 manner, whether in person or by the use, at least in part, of
566 the Internet, any advertisement, circular, bill, poster,
567 pamphlet, list, schedule, announcement, or notice for the
568 purpose of promoting or facilitating illegal gambling.
569 (b) Except as otherwise specifically authorized by law, a
570 person may not set up any type or plate for any type of
571 advertisement, circular, bill, poster, pamphlet, list, schedule,
572 announcement, or notice when he or she knows or reasonably
573 should know that such material will be used for the purpose of
574 promoting or facilitating illegal gambling.
575 (c) A person who violates the subsection commits:
576 1. For a first offense, a misdemeanor of the first degree,
577 punishable as provided in s. 775.082 or s. 775.083.
578 2. For a second or subsequent offense, a felony of the
579 third degree, punishable as provided in s. 775.082, s. 775.083,
580 or s. 775.084.
581 (3) This section does not prohibit the printing or
582 producing of any advertisement, circular, bill, poster,
583 pamphlet, list, schedule, announcement, or notice to be used for
584 the purpose of promoting or facilitating gambling conducted in
585 any other state or nation, outside of this state, where such
586 gambling is not prohibited.
587 Section 19. Section 849.49, Florida Statutes, is created
588 to read:
589 849.49 Preemption.—No county, municipality, or other
590 political subdivision of the state shall enact or enforce any
591 ordinance or local rule relating to gaming, gambling, lotteries,
592 or any activities described in s. 546.10 or this chapter, except
593 as otherwise expressly provided by the State Constitution,
594 general law, or special law.
595 Section 20. Paragraphs (i) through (m) of subsection (2)
596 of section 903.046, Florida Statutes, are redesignated as
597 paragraphs (j) through (n), respectively, and a new paragraph
598 (i) is added to that subsection, to read:
599 903.046 Purpose of and criteria for bail determination.—
600 (2) When determining whether to release a defendant on
601 bail or other conditions, and what that bail or those conditions
602 may be, the court shall consider:
603 (i) The amount of currency seized that is connected to or
604 involved in a violation of chapter 546, chapter 550, chapter
605 551, or chapter 849.
606 Section 21. Paragraphs (a), (c), (e), and (g) of
607 subsection (3) of section 921.0022, Florida Statutes, are
608 amended to read:
609 921.0022 Criminal Punishment Code; offense severity
610 ranking chart.—
611 (3) OFFENSE SEVERITY RANKING CHART
612 (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.
653 (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. 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 838.12(3) 3rd Betting on a predetermined or prearranged professional or amateur game, contest, match, race, or sport. 849.01 3rd Keeping a gambling house. 849.02(2) 3rd Agents or employees of keeper of gambling house. 849.03(1) 3rd Renting house for gambling purposes. 849.08(4) 3rd Operating, conducting, promoting, aiding, abetting, assisting Internet gambling and Internet sports wagering. 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), 3rd Conducting an unlawful lottery; (f), (g), (i), second or subsequent offense. or (k) 849.09(1)(h) or 3rd Conducting an unlawful lottery; (j) 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. 849.48(2)(c) 3rd Illegal gambling advertising. 847.01385 3rd Harmful communication to a minor. 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).
741 (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, 3rd or subsequent offense. 849.03(2) 2nd Renting house for gambling purposes. 849.15(3)(c) 2nd Manufacture, sale, or possession of a slot machine; by a person of authority of five or more machines or two or more prior convictions. 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.
808 (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 parts 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.
953 Section 22. Paragraph (a) of subsection (1) and paragraph
954 (a) of subsection (2) of section 772.102, Florida Statutes, are
955 amended to read:
956 772.102 Definitions.—As used in this chapter, the term:
957 (1) "Criminal activity" means to commit, to attempt to
958 commit, to conspire to commit, or to solicit, coerce, or
959 intimidate another person to commit:
960 (a) Any crime that is chargeable by indictment or
961 information under the following provisions:
962 1. Section 210.18, relating to evasion of payment of
963 cigarette taxes.
964 2. Section 414.39, relating to public assistance fraud.
965 3. Section 440.105 or s. 440.106, relating to workers'
966 compensation.
967 4. Part IV of chapter 501, relating to telemarketing.
968 5. Chapter 517, relating to securities transactions.
969 6. Section 550.235 or s. 550.3551, relating to dogracing
970 and horseracing.
971 7. Chapter 550, relating to jai alai frontons.
972 8. Chapter 552, relating to the manufacture, distribution,
973 and use of explosives.
974 9. Chapter 562, relating to beverage law enforcement.
975 10. Section 624.401, relating to transacting insurance
976 without a certificate of authority, s. 624.437(4)(c)1., relating
977 to operating an unauthorized multiple-employer welfare
978 arrangement, or s. 626.902(1)(b), relating to representing or
979 aiding an unauthorized insurer.
980 11. Chapter 687, relating to interest and usurious
981 practices.
982 12. Section 721.08, s. 721.09, or s. 721.13, relating to
983 real estate timeshare plans.
984 13. Chapter 782, relating to homicide.
985 14. Chapter 784, relating to assault and battery.
986 15. Chapter 787, relating to kidnapping or human
987 trafficking.
988 16. Chapter 790, relating to weapons and firearms.
989 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
990 relating to prostitution.
991 18. Chapter 806, relating to arson.
992 19. Section 810.02(2)(c), relating to specified burglary
993 of a dwelling or structure.
994 20. Chapter 812, relating to theft, robbery, and related
995 crimes.
996 21. Chapter 815, relating to computer-related crimes.
997 22. Chapter 817, relating to fraudulent practices, false
998 pretenses, fraud generally, and credit card crimes.
999 23. Section 827.071, relating to commercial sexual
1000 exploitation of children.
1001 24. Chapter 831, relating to forgery and counterfeiting.
1002 25. Chapter 832, relating to issuance of worthless checks
1003 and drafts.
1004 26. Section 836.05, relating to extortion.
1005 27. Chapter 837, relating to perjury.
1006 28. Chapter 838, relating to bribery and misuse of public
1007 office.
1008 29. Chapter 843, relating to obstruction of justice.
1009 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1010 s. 847.07, relating to obscene literature and profanity.
1011 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1012 849.25, relating to gambling.
1013 32. Chapter 893, relating to drug abuse prevention and
1014 control.
1015 33. Section 914.22 or s. 914.23, relating to witnesses,
1016 victims, or informants.
1017 34. Section 918.12, s. 918.125, or s. 918.13, relating to
1018 tampering with or harassing court officials, retaliating against
1019 court officials, and tampering with evidence.
1020 (2) "Unlawful debt" means any money or other thing of
1021 value constituting principal or interest of a debt that is
1022 legally unenforceable in this state in whole or in part because
1023 the debt was incurred or contracted:
1024 (a) In violation of any one of the following provisions of
1025 law:
1026 1. Section 550.235 or s. 550.3551, relating to dogracing
1027 and horseracing.
1028 2. Chapter 550, relating to jai alai frontons.
1029 3. Section 687.071, relating to criminal usury and loan
1030 sharking.
1031 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1032 849.25, relating to gambling.
1033 Section 23. Paragraph (a) of subsection (12) of section 895.02, Florida Statutes, is amended to read:
1035 895.02 Definitions.—As used in ss. 895.01-895.08, the
1036 term:
1037 (12) "Unlawful debt" means any money or other thing of
1038 value constituting principal or interest of a debt that is
1039 legally unenforceable in this state in whole or in part because
1040 the debt was incurred or contracted:
1041 (a) In violation of any one of the following provisions of
1042 law:
1043 1. Section 550.235 or s. 550.3551, relating to dogracing
1044 and horseracing.
1045 2. Chapter 550, relating to jai alai frontons.
1046 3. Section 551.109, relating to slot machine gaming.
1047 4. Chapter 687, relating to interest and usury.
1048 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1049 849.25, relating to gambling.
1050 Section 24. This act shall take effect October 1, 2026.