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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to gambling; creating s. 16.717, F.S.; 2
authorizing the Florida Gaming Control Commission to 3
acquire property without complying with specified 4
provisions for specified purposes; amending s. 843.08, 5
F.S.; prohibiting the false personation of an officer 6
of the Florida Gaming Control Commission; providing 7
criminal penalties; amending s. 849.01, F.S.; 8
providing enhanced criminal penalties for specified 9
violations of prohibitions on keeping a gambling or 10
gaming operation; amending s. 849.03, F.S.; specifying 11
the criminal penalties for knowingly renting a 12
premises for gaming; creating a rebuttable presumption 13
relating to the knowledge of gaming activities in 14
certain circumstances; amending s. 849.04, F.S.; 15
increasing criminal penalties for permittin g minors 16
and persons under guardianship to gamble; amending s. 17
849.07, F.S.; increasing criminal penalties for 18
gambling on billiards and pool tables; amending s. 19
849.09, F.S.; revising criminal penalties for 20
specified lottery offenses; amending s. 849.10, F.S.; 21
increasing criminal penalties for specified violations 22
involving printing lottery tickets; creating s. 23
849.105, F.S.; prohibiting specified acts relating to 24
gambling and gaming advertising; providing criminal 25
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penalties; amending s. 849.13, F.S.; prov ing for 26
reclassification of certain offenses for which there 27
is no penalty specified for a second or subsequent 28
violation; amending s. 849.15, F.S.; specifying 29
criminal penalties for various offenses involving slot 30
machines; specifying when a person is a m anager and 31
not an owner for the propose of reduced penalties for 32
certain offenses; amending s. 849.23, F.S.; specifying 33
penalties for violations involving slot machines when 34
a penalty is not otherwise specified; amending s. 35
849.25, F.S.; making technical c hanges concerning 36
certain bookmaking offenses; deleting an obsolete 37
provision; amending s. 903.046, F.S.; revising 38
criteria for bail determination to specify 39
consideration of certain offenses as the source of 40
funds; requiring that a court consider the sour ce of 41
currency seized that is connected to certain 42
violations; amending s. 921.0022, F.S.; ranking 43
offenses on the offense severity ranking chart of the 44
Criminal Punishment Code; providing effective dates. 45
46
Be It Enacted by the Legislature of the State of Florida: 47
48
Section 1. Effective July 1, 2024, section 16.717, Florida 49
Statutes, is created to read: 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16.717 Florida Gaming Control Commission; authority to 51
purchase and acquire property. —The Florida Gaming Control 52
Commission is specifically exempt from chapter 255 and may 53
purchase, lease, exchange, or otherwise acquire any land, 54
property interests, buildings, or other improvements, including 55
personal property within such buildings or on such lands that is 56
necessary to or useful in securing or storin g seized slot 57
machines or any other contraband. The property shall be held in 58
the name of the state. 59
Section 2. Section 843.08, Florida Statutes, is amended to 60
read: 61
843.08 False personation. —A person who falsely assumes or 62
pretends to be a firefight er, a sheriff, an officer of the 63
Florida Highway Patrol, an officer of the Fish and Wildlife 64
Conservation Commission, an officer of the Department of 65
Environmental Protection, an officer of the Department of 66
Financial Services, any personnel or representat ive of the 67
Division of Investigative and Forensic Services, an officer of 68
the Department of Corrections, a correctional probation officer, 69
a deputy sheriff, a state attorney or an assistant state 70
attorney, a statewide prosecutor or an assistant statewide 71
prosecutor, a state attorney investigator, a coroner, a police 72
officer, a lottery special agent or lottery investigator, a 73
beverage enforcement agent, any personnel or representative of 74
the Florida Gaming Control Commission, a school guardian as 75
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described in s. 30.15(1)(k), a security officer licensed under 76
chapter 493, any member of the Florida Commission on Offender 77
Review or any administrative aide or supervisor employed by the 78
commission, any personnel or representative of the Department of 79
Law Enforcement, or a federal law enforcement officer as defined 80
in s. 901.1505, and takes upon himself or herself to act as 81
such, or to require any other person to aid or assist him or her 82
in a matter pertaining to the duty of any such officer, commits 83
a felony of the third degree, punishable as provided in s. 84
775.082, s. 775.083, or s. 775.084. However, a person who 85
falsely personates any such officer during the course of the 86
commission of a felony commits a felony of the second degree, 87
punishable as provided in s. 77 5.082, s. 775.083, or s. 775.084. 88
If the commission of the felony results in the death or personal 89
injury of another human being, the person commits a felony of 90
the first degree, punishable as provided in s. 775.082, s. 91
775.083, or s. 775.084. In determini ng whether a defendant has 92
violated this section, the court or jury may consider any 93
relevant evidence, including, but not limited to, whether the 94
defendant used lights in violation of s. 316.2397 or s. 843.081. 95
Section 3. Section 849.01, Florida Statu tes, is amended to 96
read: 97
849.01 Keeping gambling houses, etc. — 98
(1) Except as otherwise provided in this section, whoever 99
by herself or himself, her or his servant, clerk or agent, or in 100
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any other manner has, keeps, exercises or maintains a gaming 101
table or room, or gaming implements or apparatus, or house, 102
booth, tent, shelter or other place for the purpose of gaming or 103
gambling or in any place of which she or he may directly or 104
indirectly have charge, control or management, either 105
exclusively or with ot hers, procures, suffers or permits any 106
person to play for money or other valuable thing at any game 107
whatever, whether heretofore prohibited or not, commits a felony 108
misdemeanor of the third second degree, punishable as provided 109
in s. 775.082, or s. 775.083, or s. 775.084. 110
(2) Notwithstanding subsection (1), whoever commits a 111
violation of this section commits a felony of the second degree, 112
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 113
if the illegal gambling or gaming operation described in 114
subsection (1) is located within 1,000 feet of any of the 115
following: 116
(a) A physical place for worship; 117
(b) A public or private elementary, middle, or secondary 118
school; 119
(c) The real property comprising a public or private 120
college, university, or other postsecondary educational 121
institution; 122
(d) The real property comprising a child care facility as 123
defined in s. 402.302; 124
(e) The real property comprising a state, county, or 125
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municipal park, a community center, or a publicly owned 126
recreational facility. As used in this paragraph, the term 127
"community center" means a facility operated by a nonprofit 128
community-based organization for the provision of recreational, 129
social, or educational services to the public; 130
(f) The real property comprising a mental health facility, 131
as that term is used in chapter 394; 132
(g) The real property of a health care facility licensed 133
under chapter 395 which provides substance abuse treatment; 134
(h) The real property of a licensed service provider as 135
defined in s. 397.311(25); 136
(i) The real property of a facility providing services 137
that include clinical treatment, intervention, or prevention as 138
described in s. 397.311(26); 139
(j) A recovery residence as defined in s. 397.311(38); 140
(k) An assisted living facility as defined in chapter 429; 141
(l) A pain-management clinic as defined in s. 142
458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c.; 143
(m) The real property comprising a public housing facility 144
at any time. As used in this section, t he term "real property 145
comprising a public housing facility" means real property, as 146
defined in s. 421.03(12), of a public corporation created as a 147
housing authority pursuant to part I of chapter 421; or 148
(n) A convenience business as defined in s. 812.17 1. 149
(3) A person who is located on the premises of the illegal 150
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gambling or gaming operation described in subsection (1), 151
actually or constructively possesses any of the following: any 152
dirk, metallic knuckles, slungshot, billie, tear gas gun, 153
chemical weapon or device, or any type of knife other than a 154
common pocket knife, or any other weapon that is not a firearm 155
as defined in s. 790.001, commits a felony of the second degree, 156
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 157
(4) A person who at or on the premises of the illegal 158
gambling or gaming operation described in subsection (1), 159
actually or constructively possesses a firearm as defined in s. 160
790.001, commits a felony of the first degree, punishable as 161
provided in s. 775.082, s. 775.0 83, or s. 775.04. 162
(5) A person who serves or allows to be served any 163
alcoholic beverage at the location, regardless of whether the 164
location is licensed with the Department of Business and 165
Professional Regulation or the Division of Alcoholic Beverages 166
and Tobacco pursuant to chapter 561, on which the illegal 167
gambling or gaming operation described in subsection (1) is 168
conducted, commits a felony of the second degree, punishable as 169
provided in s. 775.082, s. 775.083, or s. 775.084. 170
(6) A person who commits a violation of this section and 171
present at the location on which the illegal gambling or gaming 172
operation described in subsection (1) is conducted there are: 173
(a) One or more persons under the age of 21; or 174
(b) One or more persons 65 years of age or ol der, 175
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176
commits a felony of the second degree, punishable as provided in 177
s. 775.082, s. 775.083, or s. 775.084. Ignorance of the age of 178
the persons referenced in this subsection is not a defense to 179
any violation hereof. 180
(7) A person who commits a violation of this section and 181
present and participating in any illegal gambling or gaming 182
activity at the location on which the illegal gambling or gaming 183
operation described in subsection (1) is conducted there are: 184
(a) One or more persons under the age of 21; or 185
(b) One or more persons 65 years of age or older, 186
187
commits a felony of the first degree, punishable as provided in 188
s. 775.082, s. 775.083, or s. 775.084. Ignorance of the age of 189
the persons referenced in this subsection is not a defense to 190
any violation hereof. 191
Section 4. Section 849.03, Florida Statutes, is amended to 192
read: 193
849.03 Renting house for gambling purposes. — 194
(1) Whoever, whether as owner or agent, knowingly rents to 195
another a house, room, booth, tent, shelter or place for the 196
purpose of gaming commits a felony of the second degree, 197
punishable as provided in s. 775.082, s. 775.083, or s. 775.084 198
shall be punished in the manner and to the extent mentioned in 199
s. 849.01. 200
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(2) The presence of one or more slot machines, as defined 201
by this chapter, at the house, room, booth, tent, shelter, or 202
place as described in subsection (1), creates a rebuttable 203
presumption the person described in subsection (1) is knowingly 204
renting such a house, room, booth, tent, shelter, or place for 205
the purpose of gaming for gambling or gaming purposes. 206
Section 5. Section 849.04, Florida Statutes, is amended to 207
read: 208
849.04 Permitting minors and persons under guardianship to 209
gamble.— 210
(1) The proprietor, owner, or keeper of any E. O., keno or 211
pool table, or billiard table, wheel of fortune, or other game 212
of chance kept for the purpose of betting, who willfully and 213
knowingly allows a minor or person who is mentally incompetent 214
or under guardianship to play at such game or to bet on such 215
game of chance; or whoever aids or abets or otherwise encourages 216
such playing or betting of any money or other valuable thing 217
upon the result of such game of chance by a minor or person who 218
is mentally incompetent or under guardianship, commits a felony 219
of the second third degree, punishable as provided in s. 220
775.082, s. 775.083, or s. 775.084. 221
(2) For the purpose of this section, the term "person who 222
is mentally incompetent" means a person who because of mental 223
illness, intellectual disability, senility, excessive use of 224
drugs or alcohol, or other mental incapacity is incapable of 225
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managing his or her property or caring for himself or herself or 226
both. 227
Section 6. Section 849.07, Florida Statutes, is amended to 228
read: 229
849.07 Permitting gambling on billiard or pool table by 230
holder of license.—If any holder of a license to operate a 231
billiard or pool table shall permit any person to play billiards 232
or pool or any other game for money, or any other thing of 233
value, upon such tables, she or he commits a felony of the third 234
shall be deemed guilty of a misdemeanor of the second degree, 235
punishable as provid ed in s. 775.082, or s. 775.083, or s. 236
775.084. 237
Section 7. Section 849.09, Florida Statutes, is amended to 238
read: 239
849.09 Lottery prohibited; exceptions. — 240
(1) It is unlawful for any person in this state to: 241
(a) Set up, promote, or conduct any lotte ry for money or 242
for anything of value; 243
(b) Dispose of any money or other property of any kind 244
whatsoever by means of any lottery; 245
(c) Conduct any lottery drawing for the distribution of a 246
prize or prizes by lot or chance, or advertise any such lottery 247
scheme or device in any newspaper or by circulars, posters, 248
pamphlets, radio, telegraph, telephone, or otherwise; 249
(d) Aid or assist in the setting up, promoting, or 250
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conducting of any lottery or lottery drawing, whether by 251
writing, printing, or in any oth er manner whatsoever, or be 252
interested in or connected in any way with any lottery or 253
lottery drawing; 254
(e) Attempt to operate, conduct, or advertise any lottery 255
scheme or device; 256
(f) Have in her or his possession any lottery wheel, 257
implement, or device whatsoever for conducting any lottery or 258
scheme for the disposal by lot or chance of anything of value; 259
(g) Sell, offer for sale, or transmit, in person or by 260
mail or in any other manner whatsoever, any lottery ticket, 261
coupon, or share, or any share in or fractional part of any 262
lottery ticket, coupon, or share, whether such ticket, coupon, 263
or share represents an interest in a live lottery not yet played 264
or whether it represents, or has represented, an interest in a 265
lottery that has already been played; 266
(h) Have in her or his possession any lottery ticket, or 267
any evidence of any share or right in any lottery ticket, or in 268
any lottery scheme or device, whether such ticket or evidence of 269
share or right represents an interest in a live lottery not yet 270
played or whether it represents, or has represented, an interest 271
in a lottery that has already been played; 272
(i) Aid or assist in the sale, disposal, or procurement of 273
any lottery ticket, coupon, or share, or any right to any 274
drawing in a lottery; 275
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(j) Have in her or his possession any lottery 276
advertisement, circular, poster, or pamphlet, or any list or 277
schedule of any lottery prizes, gifts, or drawings; or 278
(k) Have in her or his possession any so -called "run down 279
sheets," tally sheets, or other papers, reco rds, instruments, or 280
paraphernalia designed for use, either directly or indirectly, 281
in, or in connection with, the violation of the laws of this 282
state prohibiting lotteries and gambling. 283
284
Provided, that nothing in this section does not shall prohibit 285
participation in any nationally advertised contest, drawing, 286
game or puzzle of skill or chance for a prize or prizes unless 287
it can be construed as a lottery under this section; and, 288
provided further, that this exemption for national contests does 289
shall not apply to any such contest based upon the outcome or 290
results of any horserace, harness race, dograce, or jai alai 291
game. 292
(2) A Any person who is convicted of violating any of the 293
provisions of paragraph (1)(a), paragraph (1)(b), paragraph 294
(1)(c), or paragraph (1)(d) commits of subsection (1) is guilty 295
of a felony of the second third degree, punishable as provided 296
in s. 775.082, s. 775.083, or s. 775.084. 297
(3)(a) Except as provided in paragraph (b), a Any person 298
who is convicted of violating any of the provisions of paragraph 299
(1)(e), paragraph (1)(f), paragraph (1)(g), paragraph (1)(i), or 300
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paragraph (1)(k) commits of subsection (1) is guilty of a felony 301
misdemeanor of the third first degree, punishable as provided in 302
s. 775.082, or s. 775.083, or s. 775.084. 303
(b) A Any person who commits a second or subsequent 304
violation of paragraph (a) commits , having been convicted of 305
violating any provision thereof, thereafter violates any 306
provision thereof is guilty of a felony of the second third 307
degree, punishable as pro vided in s. 775.082, s. 775.083, or s. 308
775.084. 309
310
The provisions of This subsection does section do not apply to 311
bingo as provided for in s. 849.0931. 312
(4)(a) Except as provided in paragraph (b), a Any person 313
who is convicted of violating any of the provisions of paragraph 314
(1)(h) or paragraph (1)(j) commits of subsection (1) is guilty 315
of a felony misdemeanor of the third first degree, punishable as 316
provided in s. 775.082 , or s. 775.083, or s. 775.084. 317
(b) A Any person who commits a second or subsequent 318
violation of paragraph (a) commits , having been convicted of 319
violating any provision thereof, thereafter violates any 320
provision thereof is guilty of a felony of the second third 321
degree, punishable as provided in s. 775.082, s. 775.083, or s. 322
775.084. 323
Section 8. Subsections (3) and (4) of section 849.10, 324
Florida Statutes, are amended, and subsections (1) and (2) of 325
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that section are republished, to read: 326
849.10 Printing lottery tickets, etc., prohibited. — 327
(1) Except as otherwise provided by law, it is u nlawful 328
for any person, in any house, office, shop or building in this 329
state to write, typewrite, print, or publish any lottery ticket 330
or advertisement, circular, bill, poster, pamphlet, list or 331
schedule, announcement or notice, of lottery prizes or drawin gs 332
or any other matter or thing in any way connected with any 333
lottery drawing, scheme or device, or to set up any type or 334
plate for any such purpose, to be used or distributed in this 335
state, or to be sent out of this state. 336
(2) Except as otherwise provided by law, it is unlawful 337
for the owner or lessee of any such house, shop or building 338
knowingly to permit the printing, typewriting, writing or 339
publishing therein of any lottery ticket or advertisement, 340
circular, bill, poster, pamphlet, list, schedul e, announcement 341
or notice of lottery prizes or drawings, or any other matter or 342
thing in any way connected with any lottery drawing, scheme or 343
device, or knowingly to permit therein the setting up of any 344
type or plate for any such purpose to be used or dis tributed in 345
this state, or to be sent out of the state. 346
(3) Nothing in This chapter does not shall make unlawful 347
the printing or production of any advertisement or any lottery 348
ticket for a lottery conducted in any other state or nation 349
where such lottery is not prohibited by the laws of such state 350
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or nation, or the sale of such materials by the manufacturer 351
thereof to any person or entity conducting or participating in 352
the conduct of such a lottery in any other state or nation. This 353
section does not autho rize any advertisement within Florida 354
relating to lotteries of any other state or nation, or the sale 355
or resale within Florida of such lottery tickets, chances, or 356
shares to individuals, or any other acts otherwise in violation 357
of any laws of the state. 358
(4) A Any violation of this section is shall be a felony 359
of the second third degree, punishable as provided in s. 360
775.082, s. 775.083, or s. 775.084. 361
Section 9. Section 849.105, Florida Statutes, is created 362
to read: 363
849.105 Gambling and gaming advertising prohibited. — 364
(1) Except as otherwise provided by law, it is unlawful 365
for any person to write, typewrite, print, publish, or 366
disseminate in any way, any advertisement, circular, bill, 367
poster, pamphlet, list, schedule, announcement, or notice, 368
either of any illegal gaming or gambling operation or of any 369
other matter in any way either related to or connected with 370
illegal gambling or gaming. Further, it is unlawful to set up 371
any type or plate for any type of advertisement in any way 372
connected with illegal gambling or gaming, to be used or 373
distributed in this state, or to be sent out of this state. 374
(2) Except as otherwise provided by law, it is unlawful 375
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for the owner or lessee of any house, office, shop, building, or 376
any other establishment of any kind in this state to knowingly 377
permit the printing, typewriting, writing, publishing, or any 378
other dissemination of any sort of any advertisement, circular, 379
bill, poster, pamphlet, list, schedule, announcement, or notice 380
of any activity in any way relate d to or connected with illegal 381
gambling or gaming. Further, it is unlawful to knowingly permit 382
the setting up of any type of plate for any such purpose to be 383
used or distributed in this state, or to be sent out of the 384
state. 385
(3) This section does not: 386
(a) Prohibit the printing or production of any 387
advertisement for gambling or gaming conducted in any other 388
state or nation where such gambling or gaming is not prohibited 389
by the laws of such state or nation, or the sale of such 390
materials by the manufacture r thereof to any person or entity 391
conducting or participating in the conduct of such gambling or 392
gaming in any other state or nation. 393
(b) Authorize any advertisement within this state relating 394
to any gambling or gaming of any other state or nation, or th e 395
sale or resale within this state of anything in any way 396
connected with gambling or gaming. 397
(4) A violation of this section is a felony of the second 398
degree, punishable as provided in s. 775.082, s. 775.083, or s. 399
775.084. 400
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Section 10. Section 849.1 3, Florida Statutes, is amended 401
to read: 402
849.13 Punishment on Second or subsequent conviction.—A 403
person who commits a second or subsequent violation of the same 404
Whoever, after being convicted of an offense forbidden by law in 405
connection with lotteries for which there is no penalty 406
specified for a second or subsequent violation, shall have the 407
offense reclassified to an offense of the next higher degree , 408
commits the like offense, shall be guilty of a misdemeanor of 409
the first degree, punishable as provided in s. 775.082, or s. 410
775.083, or s. 775.084. For purposes of sentencing under chapter 411
921, a felony offense that is reclassified under this subsection 412
is ranked one level above the ranking under s. 921.0022 or s. 413
921.0023 of the felony offense committed . 414
Section 11. Section 849.15, Florida Statutes, is amended 415
to read: 416
849.15 Manufacture, sale, possession, etc., of slot 417
machines or devices prohibited. — 418
(1) It is unlawful: 419
(a) To manufacture, own, store, keep, possess, sell, rent, 420
lease, let on shares, lend or give away, transport, or expose 421
for sale or lease, or to offer to sell, rent, lease, let on 422
shares, lend or give away, or permit the operation of, or for 423
any person to permit to be placed, maintained, or used or kept 424
in any room, space, or bui lding owned, leased or occupied by the 425
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person or under the person's management or control, any slot 426
machine or device or any part thereof; or 427
(b) To make or to permit to be made with any person any 428
agreement with reference to any slot machine or device, pursuant 429
to which the user thereof, as a result of any element of chance 430
or other outcome unpredictable to him or her, may become 431
entitled to receive any money, credit, allowance, or thing of 432
value or additional chance or right to use such machine or 433
device, or to receive any check, slug, token or memorandum 434
entitling the holder to receive any money, credit, allowance or 435
thing of value. 436
(c)1. Except as provided in this section, a person who 437
violates paragraph (a) or paragraph (b) commits a felony of the 438
third degree, punishable as provided in s. 775.082, s. 775.083, 439
or s. 775.084. 440
2. A person convicted of violating paragraph (a) or 441
paragraph (b) a second time commits a felony of the second 442
degree, punishable as provided in s. 775.082, s. 775.083, or s. 443
775.084. 444
3. A person convicted of violating paragraph (a) or 445
paragraph (b) a third or subsequent time commits a felony of the 446
first degree, punishable as provided in s. 775.082, s. 775.083, 447
or s. 775.084. 448
(2) Notwithstanding subsection (1), a person who commits a 449
violation of subsection (1) and such violation involves more 450
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than one and less than five slot machines commits: 451
(a) For a first offense, a felony of the second degree 452
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 453
(b) For a second or subsequent offense, a felony of the 454
first degree punishable as provided in s. 775.082, s. 775.083, 455
or s. 775.084. 456
(3) Notwithstanding subsection (1), a person who commits a 457
violation of subsection (1) and such violation involves five or 458
more slot machines commits: 459
(a) For the first offense, a felony of the first degree 460
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 461
(b) For the a second or subsequent offense, a felony of 462
the first degree punishable as provided in s. 775.082 , s. 463
775.083, or s. 775.084. 464
(4)(a) Notwithstanding subsections (1), (2), and (3), a 465
person who violates this section commits a misdemeanor of the 466
first degree punishable as provided in s. 775.082 or s. 775.083, 467
if he or she is neither a manager nor a su pervisor nor an owner 468
of any business, establishment, or other location at which a 469
slot machine or slot machines are offered for play. 470
(b) For purposes of this subsection, a person is a manager 471
of a business, establishment, or other location if he or she is 472
working on the premises alone, or has any supervisory duty, or 473
has any ownership interest in the business offering the slot 474
machine or slot machines for play. 475
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(5)(2) Pursuant to section 2 of that chapter of the 476
Congress of the United States entitled "An act to prohibit 477
transportation of gaming devices in interstate and foreign 478
commerce," approved January 2, 1951, being ch. 1194, 64 Stat. 479
1134, and also designated as 15 U.S.C. ss. 1171-1177, the State 480
of Florida, acting by and through the duly elected and qualified 481
members of its Legislature, does hereby in this section, and in 482
accordance with and in compliance with the provisions of section 483
2 of such chapter of Congre ss, declare and proclaim that any 484
county of the State of Florida within which slot machine gaming 485
is authorized pursuant to chapter 551 is exempt from the 486
provisions of section 2 of that chapter of the Congress of the 487
United States entitled "An act to proh ibit transportation of 488
gaming devices in interstate and foreign commerce," designated 489
as 15 U.S.C. ss. 1171 -1177, approved January 2, 1951. All 490
shipments of gaming devices, including slot machines, into any 491
county of this state within which slot machine ga ming is 492
authorized pursuant to chapter 551 and the registering, 493
recording, and labeling of which have been duly performed by the 494
manufacturer or distributor thereof in accordance with sections 495
3 and 4 of that chapter of the Congress of the United States 496
entitled "An act to prohibit transportation of gaming devices in 497
interstate and foreign commerce," approved January 2, 1951, 498
being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. 499
ss. 1171-1177, shall be deemed legal shipments thereof into this 500
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state provided the destination of such shipments is an eligible 501
facility as defined in s. 551.102 or the facility of a slot 502
machine manufacturer or slot machine distributor as provided in 503
s. 551.109(2)(a). 504
Section 12. Section 849.23, Florida Statutes, is a mended 505
to read: 506
849.23 Penalty for violations of ss. 849.15 -849.22.—A 507
person who violates Whoever shall violate any of the provisions 508
of ss. 849.15-849.22 for which a penalty is not specified 509
commits: 510
(1) For a first offense, a felony shall, upon conviction 511
thereof, be guilty of a misdemeanor of the third second degree, 512
punishable as provided in s. 775.082 , or s. 775.083, or s. 513
775.084. 514
(2) For a second offense, a felony Any person convicted of 515
violating any provision of ss. 849.15 -849.22, a second time 516
shall, upon conviction thereof, be guilty of a misdemeanor of 517
the second first degree, punishable as provided in s. 775.082 , 518
or s. 775.083, or s. 775.084. 519
(3) For a third or subsequent offense, commits Any person 520
violating any provision of ss. 84 9.15-849.22 after having been 521
twice convicted already shall be deemed a "common offender," and 522
shall be guilty of a felony of the first third degree, 523
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 524
Section 13. Section 849.25, Florida S tatutes, is amended 525
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to read: 526
849.25 "Bookmaking" defined; penalties; exceptions. — 527
(1)(a) The term "bookmaking" means the act of taking or 528
receiving, while engaged in the business or profession of 529
gambling, any bet or wager upon the result of any trial or 530
contest of skill, speed, power, or endurance of human, beast, 531
fowl, motor vehicle, or mechanical apparatus or upon the result 532
of any chance, casualty, unknown, or contingent event 533
whatsoever. 534
(b) The following factors shall be considered in making a 535
determination that a person has engaged in the offense of 536
bookmaking: 537
1. Taking advantage of betting odds created to produce a 538
profit for the bookmaker or charging a percentage on accepted 539
wagers. 540
2. Placing all or part of accepted wagers with other 541
bookmakers to reduce the chance of financial loss. 542
3. Taking or receiving more than five wagers in any single 543
day. 544
4. Taking or receiving wagers totaling more than $500 in 545
any single day, or more than $1,500 in any single week. 546
5. Engaging in a common s cheme with two or more persons to 547
take or receive wagers. 548
6. Taking or receiving wagers on both sides on a contest 549
at the identical point spread. 550
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7. Any other factor relevant to establishing that the 551
operating procedures of such person are commercial i n nature. 552
(c) The existence of any two factors listed in paragraph 553
(b) may constitute prima facie evidence of a commercial 554
bookmaking operation. 555
(2) A Any person who engages in bookmaking commits shall 556
be guilty of a felony of the third degree, punisha ble as 557
provided in s. 775.082, s. 775.083, or s. 775.084. 558
Notwithstanding the provisions of s. 948.01, a any person 559
convicted under the provisions of this subsection may shall not 560
have adjudication of guilt suspended, deferred, or withheld. 561
(3) A Any person who commits a second or subsequent 562
violation has been convicted of bookmaking and thereafter 563
violates the provisions of this section commits shall be guilty 564
of a felony of the second degree, punishable as provided in s. 565
775.082, s. 775.083, or s. 775.0 84. Notwithstanding the 566
provisions of s. 948.01, a any person convicted under the 567
provisions of this subsection may shall not have adjudication of 568
guilt suspended, deferred, or withheld. 569
(4) Notwithstanding the provisions of s. 777.04, a any 570
person who commits is guilty of conspiracy to commit bookmaking 571
shall be subject to the penalties imposed by subsections (2) and 572
(3). 573
(5) This section does shall not apply to pari-mutuel 574
wagering in Florida as authorized under chapter 550. 575
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(6) This section shall not apply to any prosecutions filed 576
and pending at the time of the passage hereof, but all such 577
cases shall be disposed of under existing laws at the time of 578
the institution of such prosecutions. 579
Section 14. Paragraphs (i) through (m) of subsection (2) 580
of section 903.046, Florida Statutes, are redesignated as 581
paragraphs (j) through (n), respectively, paragraph (f) of that 582
subsection is amended, and a new paragraph (i) is added to that 583
subsection, to read: 584
903.046 Purpose of and criteria for bail deter mination.— 585
(2) When determining whether to release a defendant on 586
bail or other conditions, and what that bail or those conditions 587
may be, the court shall consider: 588
(f) The source of funds used to post bail or procure an 589
appearance bond, particularly w hether the proffered funds, real 590
property, property, or any proposed collateral or bond premium 591
may be linked to or derived from the crime alleged to have been 592
committed, including from any crime involving any controlled 593
substance, a slot machine, or any t ype of illegal gambling or 594
gaming, or from any other criminal or illicit activities. The 595
burden of establishing the noninvolvement in or nonderivation 596
from criminal or other illicit activity of such proffered funds, 597
real property, property, or any proposed collateral or bond 598
premium falls upon the defendant or other person proffering them 599
to obtain the defendant's release. 600
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(i) The amount of currency seized that is connected either 601
directly or indirectly to any violation of chapter 550, chapter 602
551, or chapter 849. It is the finding of the Legislature that 603
any violation of chapter 550, chapter 551, or chapter 849 is of 604
serious social concern, that, in addition, the flight of 605
defendants to avoid prosecution is of serious social concern, 606
and that frequently s uch defendants are able to post monetary 607
bail using the proceeds of their unlawful enterprises to defeat 608
the social utility of pretrial bail. It is the intent of the 609
Legislature that courts be required to carefully consider the 610
utility and necessity of sub stantial bail in relation to the 611
amount of proceeds a defendant has obtained from any violation 612
of chapter 550, chapter 551, or chapter 849. 613
Section 15. Paragraphs (a), (e), (g), and (h) of 614
subsection (3) of section 921.0022, Florida Statutes, are 615
amended to read: 616
921.0022 Criminal Punishment Code; offense severity 617
ranking chart.— 618
(3) OFFENSE SEVERITY RANKING CHART 619
(a) LEVEL 1 620
621
Florida
Statute
Felony
Degree Description
622
24.118(3)(a) 3rd Counterfeit or altered state
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
lottery ticket.
623
104.0616(2) 3rd Unlawfully distributing,
ordering, requesting,
collecting, delivering, or
possessing vote-by-mail
ballots.
624
212.054(2)(b) 3rd Discretionary sales surtax;
limitations, administration,
and collection.
625
212.15(2)(b) 3rd Failure to remit sale s taxes,
amount $1,000 or more but less
than $20,000.
626
316.1935(1) 3rd Fleeing or attempting to elude
law enforcement officer.
627
319.30(5) 3rd Sell, exchange, give away
certificate of title or
identification number plate.
628
319.35(1)(a) 3rd Tamper, adjust, change, etc.,
an odometer.
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629
320.26(1)(a) 3rd Counterfeit, manufacture, or
sell registration license
plates or validation stickers.
630
322.212
(1)(a)-(c)
3rd Possession of forged, stolen,
counterfeit, or unlawfully
issued driver license;
possession of simulated
identification.
631
322.212(4) 3rd Supply or aid in supplying
unauthorized driver license or
identification card.
632
322.212(5)(a) 3rd False application for driver
license or identification card.
633
414.39(3)(a) 3rd Fraudulent misappropriation of
public assistance funds by
employee/official, value more
than $200.
634
443.071(1) 3rd False statement or
representation to obtain or
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increase reemployment
assistance benefits.
635
509.151(1) 3rd Defraud an innkeeper, food or
lodging value $1,000 or more.
636
517.302(1) 3rd Violation of the Florida
Securities and Investor
Protection Act.
637
713.69 3rd Tenant removes property upon
which lien has accrued, value
$1,000 or more.
638
812.014(3)(c) 3rd Petit theft (3rd conviction);
theft of any property not
specified in subsection (2).
639
815.04(4)(a) 3rd Offense against intellectual
property (i.e., computer
programs, data).
640
817.52(2) 3rd Hiring with intent to defraud,
motor vehicle services.
641
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817.569(2) 3rd Use of public record or public
records information or
providing false information to
facilitate commission of a
felony.
642
826.01 3rd Bigamy.
643
828.122(3) 3rd Fighting or baiting animals.
644
831.04(1) 3rd Any erasure, alteration, etc.,
of any replacement deed, map,
plat, or other document listed
in s. 92.28.
645
831.31(1)(a) 3rd Sell, deliver, or possess
counterfeit controlled
substances, all but s.
893.03(5) drugs.
646
832.041(1) 3rd Stopping payment with intent to
defraud $150 or more.
647
832.05(2)(b) &
(4)(c)
3rd Knowing, making, issuing
worthless checks $150 or more
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or obtaining property in return
for worthless check $150 or
more.
648
838.15(2) 3rd Commercial bribe receiving.
649
838.16 3rd Commercial bribery.
650
843.18 3rd Fleeing by boat to elude a law
enforcement officer.
651
847.011(1)(a) 3rd Sell, distribute, etc.,
obscene, lewd, etc., material
(2nd conviction).
652
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.
653
849.23 3rd Gambling-related machines;
"common offender" as to
property rights.
654
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849.25(2) 3rd Engaging in bookmaking.
655
860.08 3rd Interfere with a railroad
signal.
656
860.13(1)(a) 3rd Operate aircraft while under
the influence.
657
893.13(2)(a)2. 3rd Purchase of cannabis.
658
893.13(6)(a) 3rd Possession of cannabis (more
than 20 grams).
659
934.03(1)(a) 3rd Intercepts, or procures any
other person to intercept, any
wire or oral communication.
660
(e) LEVEL 5 661
662
Florida
Statute
Felony
Degree Description
663
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
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leaving scene.
664
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
665
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
666
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
667
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
668
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,
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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.
669
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
670
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
671
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
672
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
673
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
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674
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
675
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
676
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
677
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
678
790.162 2nd Threat to throw or discharge
destructive device.
679
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
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680
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
681
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
682
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
683
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
684
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
685
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
686
812.0145(2)(b) 2nd Theft from person 65 years of
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age or older; $10,000 or more
but less than $50,000.
687
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
688
812.015(8)(f) 3rd Retail theft; multiple thefts
within specified period.
689
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
690
812.081(3) 2nd Trafficking in trade secrets.
691
812.131(2)(b) 3rd Robbery by sudden snatching.
692
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
693
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
694
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
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$100,000.
695
817.2341(1),
(2)(a) &
(3)(a)
3rd Filing false financial
statements, making false
entries of material fact or
false statements regarding
property values relating to the
solvency of an insuring entity.
696
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.
697
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
698
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
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skimming device, or reencoder.
699
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
700
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child pornography.
701
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
child pornography.
702
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
703
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
identifiable person without
consent.
704
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.
705
843.01(1) 3rd Resist officer with violence to
person; resist arrest with
violence.
706
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
707
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
708
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
709
849.01(1) 3rd Keeping gambling houses.
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710
849.07 3rd Permitting gambling on billiard
or pool table by holder of
license.
711
849.15(1)(c)1. 3rd Manufacture, sale, possession,
etc., of slot machines or
devices.
712
849.23(1) 3rd Violations of s. 849.15(1)
713
849.25(2) 3rd Bookmaking.
714
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal
gang; second or subsequent
offense.
715
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
716
893.13(1)(a)1. 2nd Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
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(2)(a), (2)(b), or (2)(c)5.
drugs).
717
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.
718
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.
719
893.13(1)(e)2. 2nd Sell, manufacture, or deliver
cannabis or other drug
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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.
720
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.
721
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
722
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
723
(g) LEVEL 7 724
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
725
Florida
Statute
Felony
Degree Description
726
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
727
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
728
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.
729
327.35(3)(c)2. 3rd Vessel BUI resulting in serious
bodily injury.
730
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
permanent disfiguration,
permanent disability, or death.
731
409.920
(2)(b)1.a.
3rd Medicaid provider fraud;
$10,000 or less.
732
409.920
(2)(b)1.b.
2nd Medicaid provider fraud; more
than $10,000, but less than
$50,000.
733
456.065(2) 3rd Practicing a health care
profession without a license.
734
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
735
458.327(1) 3rd Practicing medicine without a
license.
736
459.013(1) 3rd Practicing osteopathic medicine
without a license.
737
460.411(1) 3rd Practicing chiropractic
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
medicine without a license.
738
461.012(1) 3rd Practicing podiatric medicine
without a license.
739
462.17 3rd Practicing naturopathy without
a license.
740
463.015(1) 3rd Practicing optometry without a
license.
741
464.016(1) 3rd Practicing nursing without a
license.
742
465.015(2) 3rd Practicing pharmacy without a
license.
743
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
744
467.201 3rd Practicing midwifery without a
license.
745
468.366 3rd Delivering respiratory care
services without a license.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
746
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
747
483.901(7) 3rd Practicing medical physics
without a license.
748
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
749
484.053 3rd Dispensing hearing aids without
a license.
750
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.
751
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.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
752
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
753
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
754
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
755
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
756
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
757
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
758
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
759
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
760
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
761
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
bodily harm or disfigurement.
762
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
763
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
764
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
765
784.048(7) 3rd Aggravated stalking; violation
of court order.
766
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
767
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
768
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
769
784.081(1) 1st Aggravated battery on specified
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
official or employee.
770
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
771
784.083(1) 1st Aggravated battery on code
inspector.
772
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
773
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.
774
790.07(4) 1st Specified weapons violation
subsequent to previo us
conviction of s. 790.07(1) or
(2).
775
790.16(1) 1st Discharge of a machine gun
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
under specified circumstances.
776
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
777
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
778
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
779
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
780
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
781
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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.
782
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
783
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
784
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
785
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.
786
800.04(5)(e) 1st Lewd or lascivious molestation;
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
victim 12 years of age or older
but younger than 16 years;
offender 18 years or older;
prior conviction for specified
sex offense.
787
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
788
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
789
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
790
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
791
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
792
812.014(2)(a)1. 1st Property stolen, valued at
$100,000 or more or a
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
semitrailer deployed by a law
enforcement officer; property
stolen while causing other
property damage; 1st degree
grand theft.
793
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
794
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
795
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency veh icle.
796
812.014(2)(f) 2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
797
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
798
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
799
812.131(2)(a) 2nd Robbery by sudden snatching.
800
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
801
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
802
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
803
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
804
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
805
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
817.2341
(2)(b) &
(3)(b)
1st Making false entries of
material fact or false
statements regarding property
values relating to the solvency
of an insuring entity which are
a significant cause of the
insolvency of that entity.
806
817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
807
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
808
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
809
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
810
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
bodily harm, disability, or
disfigurement.
811
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.
812
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
813
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
814
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
815
838.015 2nd Bribery.
816
838.016 2nd Unlawful compensation or reward
for official behavior.
817
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
838.021(3)(a) 2nd Unlawful harm to a public
servant.
818
838.22 2nd Bid tampering.
819
843.0855(2) 3rd Impersonation of a public
officer or employee.
820
843.0855(3) 3rd Unlawful simulation of legal
process.
821
843.0855(4) 3rd Intimidation of a public
officer or employee.
822
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
823
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
824
849.01(2)-(6) 2nd Gambling house offenses.
825
849.03 2nd Renting house for gambling
purposes.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
826
849.04 2nd Permitting minors and persons
under guardianship to gamble.
827
849.09(2) 2nd Lottery offenses.
828
849.10 2nd Printing lottery tickets, etc.
829
849.105 2nd Advertising gambling or gaming.
830
849.15(2)(a) 2nd Manufacture, sale, possession,
etc., of slot machines or
devices.
831
872.06 2nd Abuse of a dead human body.
832
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
833
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
834
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.
835
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.
836
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
837
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
838
893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
grams.
839
893.135
(1)(c)1.a.
1st Trafficking in illegal drugs,
more than 4 grams, less than 14
grams.
840
893.135
(1)(c)2.a.
1st Trafficking in hydrocodone, 28
grams or more, less than 50
grams.
841
893.135
(1)(c)2.b.
1st Trafficking in hydrocodone, 50
grams or more, less than 100
grams.
842
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
843
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 25
grams.
844
893.135
(1)(c)4.b.(I)
1st Trafficking in fentanyl, 4
grams or more, less than 14
grams.
845
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
846
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
kilograms.
847
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
848
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
849
893.135 1st Trafficking in gamma -
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1)(h)1.a. hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
850
893.135
(1)(j)1.a.
1st Trafficking in 1,4-Butanediol,
1 kilogram or more, less than 5
kilograms.
851
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
852
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or
more, less than 500 grams.
853
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
more, less than 1,000 grams.
854
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
855
893.1351(2) 2nd Possession of place for
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
trafficking in or manufacturing
of controlled substance.
856
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
857
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
858
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure to
comply with reporting
requirements.
859
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
860
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
requirements.
861
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
862
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
863
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
864
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
865
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
866
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
867
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
868
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
869
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
870
871
(h) LEVEL 8 872
873
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida
Statute
Felony
Degree Description
874
316.193
(3)(c)3.a.
2nd DUI manslaughter.
875
316.1935(4)(b) 1st Aggravated fleeing or attempted
eluding with serious bodily
injury or death.
876
327.35(3)(c)3. 2nd Vessel BUI manslaughter.
877
499.0051(6) 1st Knowing trafficking in
contraband prescription drugs.
878
499.0051(7) 1st Knowing forgery of prescription
labels or prescription drug
labels.
879
560.123(8)(b)2. 2nd Failure to report currency or
payment instruments totaling or
exceeding $20,000, but less
than $100,000 by money
transmitter.
880
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
560.125(5)(b) 2nd Money transmitter business by
unauthorized person, currency
or payment instruments totaling
or exceeding $20,000, but less
than $100,000.
881
655.50(10)(b)2. 2nd Failure to report financial
transactions totaling or
exceeding $20,000, but less
than $100,000 by financial
institutions.
882
777.03(2)(a) 1st Accessory after the fact,
capital felony.
883
782.04(4) 2nd Killing of human without design
when engaged in act or attempt
of any felony other than arson,
sexual battery, robbery,
burglary, kidnapping,
aggravated fleeing or eluding
with serious bodily injury or
death, aircraft piracy, or
unlawfully discharging bomb.
884
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
782.051(2) 1st Attempted felony murder while
perpetrating or attempting to
perpetrate a felony not
enumerated in s. 782.04(3).
885
782.071(1)(b) 1st Committing vehicular homicide
and failing to render aid or
give information.
886
782.072(2) 1st Committing vessel homicide and
failing to render aid or give
information.
887
787.06(3)(a)1. 1st Human trafficking for labor and
services of a child.
888
787.06(3)(b) 1st Human trafficking using
coercion for commercial sexual
activity of an adult.
889
787.06(3)(c)2. 1st Human trafficking using
coercion for labor and services
of an unauthorized alien adult.
890
787.06(3)(e)1. 1st Human trafficking for labor and
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services by the transfer or
transport of a child from
outside Florida to within the
state.
891
787.06(3)(f)2. 1st Human trafficking using
coercion for commercial sexual
activity by the transfer or
transport of any adult from
outside Florida to within the
state.
892
790.161(3) 1st Discharging a destructive
device which results in bodily
harm or property damage.
893
794.011(5)(a) 1st Sexual battery; victim 12 years
of age or older but younger
than 18 years; offender 18
years or older; offender does
not use physical force likely
to cause serious injury.
894
794.011(5)(b) 2nd Sexual battery; victim and
offender 18 years of age or
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older; offender does not use
physical force likely to cause
serious injury.
895
794.011(5)(c) 2nd Sexual battery; victim 12 years
of age or older; offender
younger than 18 years; offender
does not use physical force
likely to cause injury.
896
794.011(5)(d) 1st Sexual battery; victim 12 years
of age or older; offender does
not use physical force likely
to cause serious injury; prior
conviction for specified sex
offense.
897
794.08(3) 2nd Female genital mutilation,
removal of a victim younger
than 18 years of age from this
state.
898
800.04(4)(b) 2nd Lewd or lascivious battery.
899
800.04(4)(c) 1st Lewd or lascivious ba ttery;
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offender 18 years of age or
older; prior conviction for
specified sex offense.
900
806.01(1) 1st Maliciously damage dwelling or
structure by fire or explosive,
believing person in structure.
901
810.02(2)(a) 1st,PBL Burglary with assault or
battery.
902
810.02(2)(b) 1st,PBL Burglary; armed with explosives
or dangerous weapon.
903
810.02(2)(c) 1st Burglary of a dwelling or
structure causing structural
damage or $1,000 or more
property damage.
904
812.014(2)(a)2. 1st Property stolen; cargo valued
at $50,000 or more, grand theft
in 1st degree.
905
812.13(2)(b) 1st Robbery with a weapon.
906
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812.135(2)(c) 1st Home-invasion robbery, no
firearm, deadly weapon, or
other weapon.
907
817.418(2)(b) 2nd Offering for sale or
advertising personal protective
equipment with intent to
defraud; second or subsequent
offense.
908
817.504(1)(b) 2nd Offering or advertising a
vaccine with intent to defraud;
second or subsequent offense.
909
817.505(4)(c) 1st Patient brokering; 20 or more
patients.
910
817.535(2)(b) 2nd Filing false lien or other
unauthorized document; second
or subsequent offense.
911
817.535(3)(a) 2nd Filing false lien or other
unauthorized document; property
owner is a public officer or
employee.
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912
817.535(4)(a)1. 2nd Filing false lien or other
unauthorized document;
defendant is incarcerated or
under supervision.
913
817.535(5)(a) 2nd Filing false lien or other
unauthorized document; owner of
the property incurs financial
loss as a result of the false
instrument.
914
817.568(6) 2nd Fraudulent use of personal
identification information of
an individual under the age of
18.
915
817.611(2)(c) 1st Traffic in or possess 50 or
more counterfeit credit cards
or related documents.
916
825.102(2) 1st Aggravated abuse of an elderly
person or disabled adult.
917
825.1025(2) 2nd Lewd or lascivious battery upon
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an elderly person or disabled
adult.
918
825.103(3)(a) 1st Exploiting an elderly person or
disabled adult and property is
valued at $50,000 or more.
919
837.02(2) 2nd Perjury in official proceedings
relating to prosecution of a
capital felony.
920
837.021(2) 2nd Making contradictory statements
in official proceedings
relating to prosecution of a
capital felony.
921
849.15(3)(b) 1st Manufacture, etc., of slot
machines, 5 or more machines,
2nd or subsequent offense.
922
860.121(2)(c) 1st Shooting at or throwing any
object in path of railroad
vehicle resulting in great
bodily harm.
923
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860.16 1st Aircraft piracy.
924
893.13(1)(b) 1st Sell or deliver in excess of 10
grams of any substance
specified in s. 893.03(1)(a) or
(b).
925
893.13(2)(b) 1st Purchase in excess of 10 grams
of any substance specified in
s. 893.03(1)(a) or (b).
926
893.13(6)(c) 1st Possess in excess of 10 grams
of any substance specified in
s. 893.03(1)(a) or (b).
927
893.135(1)(a)2. 1st Trafficking in cannabis, more
than 2,000 lbs., less than
10,000 lbs.
928
893.135
(1)(b)1.b.
1st Trafficking in cocaine, more
than 200 grams, less than 400
grams.
929
893.135
(1)(c)1.b.
1st Trafficking in illegal drugs,
more than 14 grams, less than
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28 grams.
930
893.135
(1)(c)2.c.
1st Trafficking in hydrocodone, 100
grams or more, less than 300
grams.
931
893.135
(1)(c)3.c.
1st Trafficking in oxycodone, 25
grams or more, less than 100
grams.
932
893.135
(1)(c)4.b.(II)
1st Trafficking in fentanyl, 14
grams or more, less than 28
grams.
933
893.135
(1)(d)1.b.
1st Trafficking in phencyclidine,
200 grams or more, less than
400 grams.
934
893.135
(1)(e)1.b.
1st Trafficking in methaqualone, 5
kilograms or more, less than 25
kilograms.
935
893.135
(1)(f)1.b.
1st Trafficking in amphetamine, 28
grams or more, less than 200
grams.
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936
893.135
(1)(g)1.b.
1st Trafficking in flunitrazepam,
14 grams or more, less than 28
grams.
937
893.135
(1)(h)1.b.
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 5
kilograms or more, less than 10
kilograms.
938
893.135
(1)(j)1.b.
1st Trafficking in 1,4-Butanediol,
5 kilograms or more, less than
10 kilograms.
939
893.135
(1)(k)2.b.
1st Trafficking in Phenethylamines,
200 grams or more, less than
400 grams.
940
893.135
(1)(m)2.c.
1st Trafficking in synthetic
cannabinoids, 1,000 grams or
more, less than 30 kilograms.
941
893.135
(1)(n)2.b.
1st Trafficking in n-benzyl
phenethylamines, 100 grams or
more, less than 200 grams.
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942
893.1351(3) 1st Possession of a place used to
manufacture controlled
substance when minor is present
or resides there.
943
895.03(1) 1st Use or invest proceeds derived
from pattern of racketeering
activity.
944
895.03(2) 1st Acquire or maintain through
racketeering activity any
interest in or control of any
enterprise or real property.
945
895.03(3) 1st Conduct or participate in any
enterprise through pattern of
racketeering activity.
946
896.101(5)(b) 2nd Money laundering, financial
transactions totaling or
exceeding $20,000, but less
than $100,000.
947
896.104(4)(a)2. 2nd Structuring transacti ons to
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evade reporting or registration
requirements, financial
transactions totaling or
exceeding $20,000 but less than
$100,000.
948
Section 16. Except as otherwise expressly provided in this 949
act and except for this section, which shall take effect up on 950
this act becoming a law, this act shall take effect October 1, 951
2024. 952