Florida 2024 2024 Regular Session

Florida House Bill H0189 Comm Sub / Bill

Filed 01/18/2024

                       
 
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A bill to be entitled 1 
An act relating to gaming control; amending s. 843.08, 2 
F.S.; prohibiting a person from falsely personating 3 
any personnel or representative from the Florida 4 
Gaming Control Commission; providing a criminal 5 
penalty; amending s. 849.01, F.S.; specifying a 6 
violation of the prohibition against keeping a 7 
gambling house must be committed knowingly; increasing 8 
the criminal penalty for a violation; amending s. 9 
849.15, F.S.; providing definitions; increasing the 10 
criminal penalty for specified violations involving a 11 
slot machine or device; creating s. 849.155, F.S.; 12 
prohibiting a person from trafficking in slot machines 13 
or devices; providing a criminal penalty; requiring a 14 
court to order an offender to pay a specified fine if 15 
he or she is convicted of trafficking in a s pecified 16 
number of slot machines or devices; providing for 17 
deposit of fines collected and use of proceeds; 18 
creating s. 849.157, F.S.; prohibiting a person from 19 
making false statements or disseminating false 20 
information regarding the legality of a slot mach ine 21 
or device to facilitate the sale or delivery of such 22 
device; providing criminal penalties; repealing s. 23 
849.23, F.S., relating to penalties for specified 24 
violations; creating s. 849.47, F.S.; prohibiting a 25     
 
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person from, for profit or hire, transporting or 26 
procuring the transportation of a specified number of 27 
other persons to facilitate illegal gambling; 28 
providing criminal penalties; defining the term 29 
"illegal gambling"; creating s. 849.48, F.S.; 30 
prohibiting a person from making or disseminating 31 
specified advertisements to promote or facilitate 32 
illegal gambling; prohibiting activities for creation 33 
of specified advertisements if a person knows or 34 
reasonably should know such material will be used to 35 
promote or facilitate illegal gambling; providing a 36 
criminal penalty; providing an exception; defining the 37 
term "illegal gambling"; creating s. 849.49, F.S.; 38 
specifying that the regulation of gambling is 39 
expressly preempted to the state; providing an 40 
exception; amending s. 903.046, F.S.; requiring a 41 
court to consider the amount of currency seized that 42 
is connected to specified violations relating to 43 
illegal gambling when determining bail; amending s. 44 
921.0022, F.S.; ranking offenses created by the act on 45 
the offense severity ranking chart of the Criminal 46 
Punishment Code; re-ranking specified offenses on the 47 
offense severity ranking chart of the Criminal 48 
Punishment Code; conforming provisions to changes made 49 
by the act; amending ss. 772.102 and 895.02, F.S.; 50     
 
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conforming provisions to changes made by the act; 51 
providing an effective date. 52 
 53 
Be It Enacted by the Legislature of the State of Florida: 54 
 55 
 Section 1.  Section 843.08, Florida Statutes, is amended to 56 
read: 57 
 843.08  False personation. —A person who falsely assumes or 58 
pretends to be a firefighter, a sheriff, an officer of the 59 
Florida Highway Patrol, an officer of the Fish and Wildlife 60 
Conservation Commission, an officer of the Department of 61 
Environmental Protection, an officer of the Department of 62 
Financial Services, any personnel or representative of the 63 
Division of Investigative and Forensic Services, any personnel 64 
or representative of the Florida Gaming Control Commission, an 65 
officer of the Department of Corrections, a correctional 66 
probation officer, a deputy sheriff, a state attorney or an 67 
assistant state attorney, a statewide prosecutor or an assistant 68 
statewide prosecutor, a state attorney investigator, a coroner, 69 
a police officer, a lottery special agent or lottery 70 
investigator, a beverage enforcement agent, a school guardian as 71 
described in s. 30.15(1)(k), a security officer licensed under 72 
chapter 493, any member of the Florida Commission on Offender 73 
Review or any administrative aide or supervisor employed by the 74 
commission, any personnel or representative of the Department of 75     
 
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Law Enforcement, or a federal law enforcement officer as defined 76 
in s. 901.1505, and takes upon himself or herself to act as 77 
such, or to require any other person to aid or assist him or her 78 
in a matter pertaining to the duty of any such officer, commits 79 
a felony of the third degree, pu nishable as provided in s. 80 
775.082, s. 775.083, or s. 775.084. However, a person who 81 
falsely personates any such officer during the course of the 82 
commission of a felony commits a felony of the second degree, 83 
punishable as provided in s. 775.082, s. 775.083 , or s. 775.084. 84 
If the commission of the felony results in the death or personal 85 
injury of another human being, the person commits a felony of 86 
the first degree, punishable as provided in s. 775.082, s. 87 
775.083, or s. 775.084. In determining whether a defe ndant has 88 
violated this section, the court or jury may consider any 89 
relevant evidence, including, but not limited to, whether the 90 
defendant used lights in violation of s. 316.2397 or s. 843.081. 91 
 Section 2.  Section 849.01, Florida Statutes, is amended t o 92 
read: 93 
 849.01  Keeping gambling houses, etc. —Whoever by herself or 94 
himself, her or his servant, clerk or agent, or in any other 95 
manner knowingly has, keeps, exercises or maintains a gaming 96 
table or room, or gaming implements or apparatus, or house, 97 
booth, tent, shelter or other place for the purpose of gaming or 98 
gambling or in any place of which she or he may directly or 99 
indirectly have charge, control or management, either 100     
 
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exclusively or with others, procures, suffers or permits any 101 
person to play for mo ney or other valuable thing at any game 102 
whatever, whether heretofore prohibited or not, commits a felony 103 
of the third misdemeanor of the second degree, punishable as 104 
provided in s. 775.082 , or s. 775.083, or 775.084. 105 
 Section 3.  Section 849.15, Florida Statutes, is amended to 106 
read: 107 
 849.15  Manufacture, sale, possession, etc., of slot 108 
machines or devices prohibited. — 109 
 (1)  As used in this section the term: 110 
 (a)  "Conviction" means a determination of guilt that is 111 
the result of a plea or a trial, regardle ss of whether 112 
adjudication is withheld or a plea of nolo contendere is 113 
entered. 114 
 (b)  "Manager" means a person who, at any business, 115 
establishment, premises, or other location at which a slot 116 
machine or device is offered for play, has: 117 
 1.  Authorization to operate or hold open the business, 118 
establishment, premises, or other location without any other 119 
employee present; 120 
 2.  Authorization to supervise another employee or 121 
employees; or 122 
 3.  Any ownership interest in the business, establishment, 123 
premises, or other location.  124 
 (2)(1) It is unlawful: 125     
 
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 (a)  To manufacture, own, store, keep, possess, sell, rent, 126 
lease, let on shares, lend or give away, transport, or expose 127 
for sale or lease, or to offer to sell, rent, lease, let on 128 
shares, lend or give away, or permit the operation of, or for 129 
any person to permit to be placed, maintained, or used or kept 130 
in any room, space, or building owned, leased or occupied by the 131 
person or under the person's management or control, any slot 132 
machine or device or any part there of; or 133 
 (b)  To make or to permit to be made with any person any 134 
agreement with reference to any slot machine or device, pursuant 135 
to which the user thereof, as a result of any element of chance 136 
or other outcome unpredictable to him or her, may become 137 
entitled to receive any money, credit, allowance, or thing of 138 
value or additional chance or right to use such machine or 139 
device, or to receive any check, slug, token or memorandum 140 
entitling the holder to receive any money, credit, allowance or 141 
thing of value. 142 
 (3)(a)  Except as provided in paragraphs (b) and (c), a 143 
person who violates subsection (2) commits a misdemeanor of the 144 
first degree, punishable as provided in s. 775.082 or s. 145 
775.083. 146 
 (b)  A person commits a felony of the third degree, 147 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 148 
if he or she violates subsection (2) and: 149 
 1.  At the time of the violation the person is acting as a 150     
 
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manager.  151 
 2.  Has one prior conviction for a violation of this 152 
section.  153 
 (c)  A person commits a felony of the second degree, 154 
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 155 
if he or she violates subsection (2) and: 156 
 1.a.  At the time of the violation the person is acting as 157 
a manager; and 158 
 b.  The violation involves five or more slot machin es or 159 
devices. 160 
 2.  Has two or more prior convictions for a violation of 161 
this section.  162 
 (4)(2) Pursuant to section 2 of that chapter of the 163 
Congress of the United States entitled "An act to prohibit 164 
transportation of gaming devices in interstate and forei gn 165 
commerce," approved January 2, 1951, being ch. 1194, 64 Stat. 166 
1134, and also designated as 15 U.S.C. ss. 1171 -1177, the State 167 
of Florida, acting by and through the duly elected and qualified 168 
members of its Legislature, does hereby in this section, and i n 169 
accordance with and in compliance with the provisions of section 170 
2 of such chapter of Congress, declare and proclaim that any 171 
county of the State of Florida within which slot machine gaming 172 
is authorized pursuant to chapter 551 is exempt from the 173 
provisions of section 2 of that chapter of the Congress of the 174 
United States entitled "An act to prohibit transportation of 175     
 
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gaming devices in interstate and foreign commerce," designated 176 
as 15 U.S.C. ss. 1171 -1177, approved January 2, 1951. All 177 
shipments of gaming devices, including slot machines, into any 178 
county of this state within which slot machine gaming is 179 
authorized pursuant to chapter 551 and the registering, 180 
recording, and labeling of which have been duly performed by the 181 
manufacturer or distributor there of in accordance with sections 182 
3 and 4 of that chapter of the Congress of the United States 183 
entitled "An act to prohibit transportation of gaming devices in 184 
interstate and foreign commerce," approved January 2, 1951, 185 
being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. 186 
ss. 1171-1177, shall be deemed legal shipments thereof into this 187 
state provided the destination of such shipments is an eligible 188 
facility as defined in s. 551.102 or the facility of a slot 189 
machine manufacturer or slot machine distr ibutor as provided in 190 
s. 551.109(2)(a). 191 
 Section 4.  Section 849.155, Florida Statutes, is created 192 
to read: 193 
 849.155  Trafficking in slot machines or devices or any 194 
parts thereof.—Any person who knowingly sells, purchases, 195 
manufactures, transports, deliv ers, or brings into this state 196 
more than 15 slot machines or devices or any part thereof, 197 
commits a felony of the first degree, punishable as provided in 198 
s. 775.082, s. 775.083, or s. 775.084. If the quantity of slot 199 
machines or devices or any part thereof involved: 200     
 
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 (1)  Is more than 15 slot machines or devices or any part 201 
thereof, but less than 25 slot machines or devices or any part 202 
thereof, such person must be ordered to pay a fine of $100,000. 203 
 (2)  Is 25 slot machines or devices or any part thereof or 204 
more, but less than 50 slot machines or devices or any part 205 
thereof, such person must be ordered to pay a fine of $250,000. 206 
 (3)  Is 50 slot machines or devices or any part thereof or 207 
more, such person must be ordered to pay a fine of $500,000. 208 
 209 
All fines imposed and collected pursuant to this section must be 210 
deposited into the Pari -mutuel Wagering Trust Fund and may be 211 
used for the enforcement of chapters 546, 550, 551, and this 212 
chapter by the Florida Gaming Control Commission. 213 
 Section 5.  Section 849. 157, Florida Statutes, is created 214 
to read: 215 
 849.157  Making a false or misleading statement regarding 216 
the legality of slot machines or devices to facilitate sale. — 217 
 (1)  Except as provided in subsection (2), a person who 218 
knowingly and willfully makes a mat erially false or misleading 219 
statement or who knowingly and willfully disseminates false or 220 
misleading information regarding the legality of a slot machine 221 
or device for the purpose of facilitating the sale or delivery 222 
of a slot machine or device for any mo ney or other valuable 223 
consideration commits a felony of the third degree, punishable 224 
as provided in s. 775.082, s. 775.083, or s. 775.084. 225     
 
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 (2)  A person who violates subsection (1) when such a 226 
violation involves the sale or delivery, or attempted sale or 227 
delivery, of five or more slot machines or devices commits a 228 
felony of the second degree, punishable as provided in s. 229 
775.082, s. 775.083, or s. 775.084. 230 
 Section 6.  Section 849.23, Florida Statutes, is repealed. 231 
 Section 7.  Section 849.47, Florida Statutes, is created to 232 
read: 233 
 849.47  Transporting or procuring the transportation of 234 
persons to facilitate illegal gambling. — 235 
 (1)  Except as provided in subsection (2), a person who 236 
knowingly and willfully for profit or hire transports, or 237 
procures the transportation of, five or more other persons into 238 
or within this state when he or she knows or reasonably should 239 
know such transportation is for the purpose of facilitating 240 
illegal gambling commits a misdemeanor of the first degree, 241 
punishable as provided in s. 775.082 or s. 775.083. 242 
 (2)(a)  A person who transports, or procures the 243 
transportation of, a minor or a person 65 years of age or older 244 
in violation of subsection (1) commits a felony of the third 245 
degree, punishable as provided in s. 775.082, s. 775.083, or s. 246 
775.084. 247 
 (b)  A person who transports, or procures the 248 
transportation of, 12 or more persons in violation of subsection 249 
(1) commits a felony of the third degree, punishable as provided 250     
 
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in s. 775.082, s. 775.083, or s. 775.084.  251 
 (3)  As used in this section, the term "illegal gambling" 252 
means any criminal violation of chapter 546, chapter 550, 253 
chapter 551, or this chapter that occurs at any business, 254 
establishment, premises, or other location which operates for 255 
profit. 256 
 Section 8.  Section 849.48, Florida Statutes, is created to 257 
read: 258 
 849.48  Gambling or gaming advertisements; prohibited. — 259 
 (1)(a)  Except as otherwise specifically authorized by law, 260 
a person may not knowingly and intentionally make, publish, 261 
disseminate, circulate or pla ce before the public, or cause, 262 
directly or indirectly, to be made, published, disseminated or 263 
circulated or placed before the public in this state, in any 264 
manner, any advertisement, circular, bill, poster, pamphlet, 265 
list, schedule, announcement, or notice for the purpose of 266 
promoting or facilitating illegal gambling. 267 
 (b)  Except as otherwise specifically authorized by law, a 268 
person may not set up any type or plate for any type of 269 
advertisement, circular, bill, poster, pamphlet, list, schedule, 270 
announcement, or notice when he or she knows or reasonably 271 
should know that such material will be used for the purpose of 272 
promoting or facilitating illegal gambling. 273 
 (2)  A person who violates subsection (1) commits a 274 
misdemeanor of the first degree, punishable as provided in s. 275     
 
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775.082 or s. 775.083. 276 
 (3)  This section does not prohibit the printing or 277 
producing of any advertisement, circular, bill, poster, 278 
pamphlet, list, schedule, announcement, or notice to be used for 279 
the purpose of promoting or facilitating gam bling conducted in 280 
any other state or nation, outside of this state, where such 281 
gambling is not prohibited. 282 
 (4)  As used in this section, the term "illegal gambling" 283 
means any criminal violation of chapter 546, chapter 550, 284 
chapter 551, or this chapter th at occurs at any business, 285 
establishment, premises, or other location which operates for 286 
profit. 287 
 Section 9.  Section 849.49, Florida Statutes, is created to 288 
read: 289 
 849.49  Preemption.— No county, municipality, or other 290 
political subdivision of the state shall enact or enforce any 291 
ordinance or local rule relating to gaming, gambling, lotteries, 292 
or any activities described in s. 546.10 or this chapter, except 293 
as otherwise expressly provided by the state constitution or 294 
general law. 295 
 Section 10.  Paragrap hs (i) through (m) of subsection (2) 296 
of section 903.046, Florida Statutes, are redesignated as 297 
paragraphs (j) through (n), respectively, and a new paragraph 298 
(i) is added to that subsection, to read: 299 
 903.046  Purpose of and criteria for bail determination. — 300     
 
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 (2)  When determining whether to release a defendant on 301 
bail or other conditions, and what that bail or those conditions 302 
may be, the court shall consider: 303 
 (i)  The amount of currency seized that is connected to or 304 
involved in a violation of chapter 54 6, chapter 550, chapter 305 
551, or this chapter. 306 
 Section 11.  Paragraphs (a), (c), (e), and (g) of 307 
subsection (3) of section 921.0022, Florida Statutes, are 308 
amended to read: 309 
 921.0022  Criminal Punishment Code; offense severity 310 
ranking chart.— 311 
 (3)  OFFENSE SEVERITY RANKING CHART 312 
 (a)  LEVEL 1 313 
 314 
Florida 
Statute 
Felony 
Degree Description 
 315 
24.118(3)(a) 3rd Counterfeit or altered state 
lottery ticket. 
 316 
104.0616(2) 3rd Unlawfully distributing, 
ordering, requesting, 
collecting, delivering, or 
possessing vote-by-mail 
ballots.     
 
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 317 
212.054(2)(b) 3rd Discretionary sales surtax; 
limitations, administration, 
and collection. 
 318 
212.15(2)(b) 3rd Failure to remit sales taxes, 
amount $1,000 or more but less 
than $20,000. 
 319 
316.1935(1) 3rd Fleeing or attempting to elude 
law enforcement officer. 
 320 
319.30(5) 3rd Sell, exchange, give away 
certificate of title or 
identification number plate. 
 321 
319.35(1)(a) 3rd Tamper, adjust, change, etc., 
an odometer. 
 322 
320.26(1)(a) 3rd Counterfeit, manufacture, or 
sell registration license 
plates or validation stickers. 
 323 
322.212 
  (1)(a)-(c) 
3rd Possession of forged, stolen, 
counterfeit, or unlawfully     
 
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issued driver license; 
possession of simulated 
identification. 
 324 
322.212(4) 3rd Supply or aid in supplying 
unauthorized driver licens e or 
identification card. 
 325 
322.212(5)(a) 3rd False application for driver 
license or identification card. 
 326 
414.39(3)(a) 3rd Fraudulent misappropriation of 
public assistance funds by 
employee/official, value more 
than $200. 
 327 
443.071(1) 3rd False statement or 
representation to obtain or 
increase reemployment 
assistance benefits. 
 328 
509.151(1) 3rd Defraud an innkeeper, food or 
lodging value $1,000 or more. 
 329 
517.302(1) 3rd Violation of the Florida     
 
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Securities and Investor 
Protection Act. 
 330 
713.69 	3rd Tenant removes property upon 
which lien has accrued, value 
$1,000 or more. 
 331 
812.014(3)(c) 3rd Petit theft (3rd conviction); 
theft of any property not 
specified in subsection (2). 
 332 
815.04(4)(a) 3rd Offense against intellectual 
property (i.e., computer 
programs, data). 
 333 
817.52(2) 3rd Hiring with intent to defraud, 
motor vehicle services. 
 334 
817.569(2) 3rd Use of public record or public 
records information or 
providing false information to 
facilitate commission of a 
felony. 
 335 
826.01 	3rd Bigamy.     
 
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 336 
828.122(3) 3rd Fighting or baiting animals. 
 337 
831.04(1) 3rd Any erasure, alteration, etc., 
of any replacement deed, map, 
plat, or other document listed 
in s. 92.28. 
 338 
831.31(1)(a) 3rd Sell, deliver, or possess 
counterfeit controlled 
substances, all but s. 
893.03(5) drugs. 
 339 
832.041(1) 3rd Stopping payment with intent to 
defraud $150 or more. 
 340 
832.05(2)(b) & 
  (4)(c) 
3rd Knowing, making, issuing 
worthless checks $150 or more 
or obtaining property in return 
for worthless check $150 or 
more. 
 341 
838.15(2) 3rd Commercial bribe receiving. 
 342 
838.16 	3rd Commercial bribery.     
 
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 343 
843.18 	3rd Fleeing by boat to elude a law 
enforcement officer. 
 344 
847.011(1)(a) 3rd Sell, distribute, etc., 
obscene, lewd, etc., material 
(2nd conviction). 
 345 
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. 
 346 
849.23 	3rd Gambling-related machines; 
"common offender" as to 
property rights. 
 347 
849.25(2) 3rd Engaging in bookmaking. 
 348 
860.08 	3rd Interfere with a railroad 
signal. 
 349 
860.13(1)(a) 3rd Operate aircraft while under 
the influence.     
 
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 350 
893.13(2)(a)2. 3rd Purchase of cannabis. 
 351 
893.13(6)(a) 3rd Possession of cannabis (more 
than 20 grams). 
 352 
934.03(1)(a) 3rd Intercepts, or procures any 
other person to intercept, any 
wire or oral communication. 
 353 
 (c)  LEVEL 3 354 
 355 
Florida 
Statute 
Felony 
Degree Description 
 356 
119.10(2)(b) 3rd Unlawful use of confidential 
information from police 
reports. 
 357 
316.066 
  (3)(b)-(d) 
3rd Unlawfully obtaining or using 
confidential crash reports. 
 358 
316.193(2)(b) 3rd Felony DUI, 3rd conviction. 
 359 
316.1935(2) 3rd Fleeing or attempting to elude     
 
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law enforcement officer in 
patrol vehicle with siren and 
lights activated. 
 360 
319.30(4) 3rd Possession by junkyard of motor 
vehicle with identification 
number plate removed. 
 361 
319.33(1)(a) 3rd Alter or forge any certificate 
of title to a motor vehicle or 
mobile home. 
 362 
319.33(1)(c) 3rd Procure or pass title on stolen 
vehicle. 
 363 
319.33(4) 3rd With intent to defraud, 
possess, sell, etc., a blank, 
forged, or unlawfully obtained 
title or registration. 
 364 
327.35(2)(b) 3rd Felony BUI. 
 365 
328.05(2) 3rd Possess, sell, or counterfeit 
fictitious, stolen, or 
fraudulent titles or bills of     
 
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sale of vessels. 
 366 
328.07(4) 3rd Manufacture, exchange, or 
possess vessel with counterfeit 
or wrong ID number. 
 367 
376.302(5) 3rd Fraud related to reimbursement 
for cleanup expenses under the 
Inland Protection Trust Fund. 
 368 
379.2431 
  (1)(e)5. 
3rd Taking, disturbing, mutilating, 
destroying, causing to be 
destroyed, transferring, 
selling, offering to sell, 
molesting, or harassing marine 
turtles, marine turtle eggs, or 
marine turtle nests in 
violation of the Marine Turtle 
Protection Act. 
 369 
379.2431 
  (1)(e)6. 
3rd Possessing any marine turtle 
species or hatchling, or parts 
thereof, or the nest of any 
marine turtle species described 
in the Marine Turtle Protection     
 
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Act. 
 370 
379.2431 
  (1)(e)7. 
3rd Soliciting to commit or 
conspiring to commit a 
violation of the Marine Turtle 
Protection Act. 
 371 
400.9935(4)(a) 
  or (b) 
3rd Operating a clinic, or offering 
services requiring licensure, 
without a license. 
 372 
400.9935(4)(e) 3rd Filing a false license 
application or other required 
information or failing to 
report information. 
 373 
440.1051(3) 3rd False report of workers' 
compensation fraud or 
retaliation for making such a 
report. 
 374 
501.001(2)(b) 2nd Tampers with a consumer product 
or the container using 
materially false/misleading 
information.     
 
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 375 
624.401(4)(a) 3rd Transacting insurance without a 
certificate of authority. 
 376 
624.401(4)(b)1. 3rd Transacting insurance without a 
certificate of authority; 
premium collected less than 
$20,000. 
 377 
626.902(1)(a) & 
  (b) 
3rd Representing an unauthorized 
insurer. 
 378 
697.08 	3rd Equity skimming. 
 379 
790.15(3) 3rd Person directs another to 
discharge firearm from a 
vehicle. 
 380 
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. 
 381 
806.10(1) 3rd Maliciously injure, destroy, or 
interfere with vehicles or     
 
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equipment used in firefighting. 
 382 
806.10(2) 3rd Interferes with or assaults 
firefighter in performance of 
duty. 
 383 
810.09(2)(c) 3rd Trespass on property other than 
structure or conveyance armed 
with firearm or dangerous 
weapon. 
 384 
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but 
less than $10,000. 
 385 
812.0145(2)(c) 3rd Theft from person 65 years of 
age or older; $300 or more but 
less than $10,000. 
 386 
812.015(8)(b) 3rd Retail theft with intent to 
sell; conspires with others. 
 387 
812.081(2) 3rd Theft of a trade secret. 
 388 
815.04(4)(b) 2nd Computer offense devised to 
defraud or obtain property.     
 
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 389 
817.034(4)(a)3. 3rd Engages in scheme to defraud 
(Florida Communications Fraud 
Act), property valued at less 
than $20,000. 
 390 
817.233 	3rd Burning to defraud insurer. 
 391 
817.234 
  (8)(b) & (c) 
3rd Unlawful solicitation of 
persons involved in motor 
vehicle accidents. 
 392 
817.234(11)(a) 3rd Insurance fraud; property value 
less than $20,000. 
 393 
817.236 	3rd Filing a false motor vehicle 
insurance application. 
 394 
817.2361 3rd Creating, marketing, or 
presenting a false or 
fraudulent motor vehicle 
insurance card. 
 395 
817.413(2) 3rd Sale of used goods of $1,000 or 
more as new.     
 
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 396 
817.49(2)(b)1. 3rd Willful making of a false 
report of a crime causing great 
bodily harm, permanent 
disfigurement, or permanent 
disability. 
 397 
831.28(2)(a) 3rd Counterfeiting a payment 
instrument with intent to 
defraud or possessing a 
counterfeit payment instrument 
with intent to defraud. 
 398 
831.29 	2nd Possession of instruments for 
counterfeiting driver li censes 
or identification cards. 
 399 
836.13(2) 3rd Person who promotes an altered 
sexual depiction of an 
identifiable person without 
consent. 
 400 
838.021(3)(b) 3rd Threatens unlawful harm to 
public servant. 
 401     
 
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849.01 	3rd Keeping a gambling house. 
 402 
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. 
 403 
849.09(1)(e), 
(f), (g), (i), 
or (k) 
3rd Conducting an unlawful lottery; 
second or subsequent offense. 
 404 
849.09(1)(h) or 
(j) 
3rd Conducting an unlawful lottery; 
second or subsequent offense. 
 405 
849.15(3)(b) 3rd Manufacture, sale, or 
possession of slot machine; by 
manager or with prior 
conviction. 
 406 
849.157(1) 3rd False or misleading statement 
to facilitate sale of slot 
machines or devices. 
 407 
849.25(2) 3rd Engaging in bookmaking.     
 
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 408 
849.47(2)(a) & 
(b) 
3rd Transporting persons to 
facilitate illegal gambling; 
minor or person 65 years of age 
or older or 12 or more persons. 
 409 
860.15(3) 3rd Overcharging for repairs and 
parts. 
 410 
870.01(2) 3rd Riot. 
 411 
870.01(4) 3rd Inciting a riot. 
 412 
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). 
 413 
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     
 
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within 1,000 feet of 
university. 
 414 
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. 
 415 
893.13(4)(c) 3rd Use or hire of minor; deliver 
to minor other controlled 
substances. 
 416 
893.13(6)(a) 3rd Possession of any controlled 
substance other than felony 
possession of cannabis. 
 417 
893.13(7)(a)8. 3rd Withhold information from 
practitioner regarding previous 
receipt of or prescription for 
a controlled substance. 
 418 
893.13(7)(a)9. 3rd Obtain or attempt to obtain     
 
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controlled substance by fraud, 
forgery, misrepresentation, 
etc. 
 419 
893.13(7)(a)10. 3rd Affix false or forged label to 
package of controlled 
substance. 
 420 
893.13(7)(a)11. 3rd Furnish false or fraudulent 
material information on any 
document or record required by 
chapter 893. 
 421 
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. 
 422 
893.13(8)(a)2. 3rd Employ a trick or scheme in the 
practitioner's practice to 
assist a patient, other person,     
 
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or owner of an animal in 
obtaining a controlled 
substance. 
 423 
893.13(8)(a)3. 3rd Knowingly write a prescription 
for a controlled substance for 
a fictitious person. 
 424 
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. 
 425 
918.13(1) 3rd Tampering with or fabricating 
physical evidence. 
 426 
944.47 
  (1)(a)1. & 2. 
3rd Introduce contraband to 
correctional facility. 
 427 
944.47(1)(c) 2nd Possess contraband while upon 
the grounds of a correctional 
institution.     
 
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 428 
985.721 	3rd Escapes from a juvenile 
facility (secure detention or 
residential commitment 
facility). 
 429 
 (e)  LEVEL 5 430 
 431 
Florida 
Statute 
Felony 
Degree Description 
 432 
316.027(2)(a) 3rd Accidents involving personal 
injuries other than serious 
bodily injury, failure to stop; 
leaving scene. 
 433 
316.1935(4)(a) 2nd Aggravated fleeing or eluding. 
 434 
316.80(2) 2nd Unlawful conveyance of fuel; 
obtaining fuel fraudulently. 
 435 
322.34(6) 3rd Careless operation of motor 
vehicle with suspended license, 
resulting in death or serious 
bodily injury.     
 
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 436 
327.30(5) 3rd Vessel accidents involving 
personal injury; leaving scene. 
 437 
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 aid ing 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. 
 438 
379.367(4) 3rd Willful molestation of a 
commercial harvester's spiny     
 
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lobster trap, line, or buoy. 
 439 
379.407(5)(b)3. 3rd Possession of 100 or more 
undersized spiny lobsters. 
 440 
381.0041(11)(b) 3rd Donate blood, plasma, or organs 
knowing HIV positive. 
 441 
440.10(1)(g) 2nd Failure to obtain workers' 
compensation coverage. 
 442 
440.105(5) 2nd Unlawful solicitation for the 
purpose of making workers' 
compensation claims. 
 443 
440.381(2) 3rd Submission of false, 
misleading, or incomplete 
information with the purpose of 
avoiding or reducing workers' 
compensation premiums. 
 444 
624.401(4)(b)2. 2nd Transacting insurance without a 
certificate or authority; 
premium collected $20,000 or 
more but less than $100,000.     
 
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 445 
626.902(1)(c) 2nd Representing an unauthorized 
insurer; repeat offender. 
 446 
790.01(3) 3rd Unlawful carrying of a 
concealed firearm. 
 447 
790.162 	2nd Threat to throw or discharge 
destructive device. 
 448 
790.163(1) 2nd False report of bomb, 
explosive, weapon of mass 
destruction, or use of firearms 
in violent manner. 
 449 
790.221(1) 2nd Possession of short-barreled 
shotgun or machine gun. 
 450 
790.23 	2nd Felons in possession of 
firearms, ammunition, or 
electronic weapons or devices. 
 451 
796.05(1) 2nd Live on earnings of a 
prostitute; 1st offense. 
 452     
 
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800.04(6)(c) 3rd Lewd or lascivious conduct; 
offender less than 18 years of 
age. 
 453 
800.04(7)(b) 2nd Lewd or lascivious exhibition; 
offender 18 years of age or 
older. 
 454 
806.111(1) 3rd Possess, manufacture, or 
dispense fire bomb with intent 
to damage any structure or 
property. 
 455 
812.0145(2)(b) 2nd Theft from person 65 years of 
age or older; $10,000 or more 
but less than $50,000. 
 456 
812.015 
  (8)(a) & (c)-
(e) 
3rd Retail theft; property stolen 
is valued at $750 or more and 
one or more specified acts. 
 457 
812.015(8)(f) 3rd Retail theft; multiple thefts 
within specified period. 
 458 
812.019(1) 2nd Stolen property; dealing in or     
 
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trafficking in. 
 459 
812.081(3) 2nd Trafficking in trade secrets. 
 460 
812.131(2)(b) 3rd Robbery by sudden snatching. 
 461 
812.16(2) 3rd Owning, operating, or 
conducting a chop shop. 
 462 
817.034(4)(a)2. 2nd Communications fraud, value 
$20,000 to $50,000. 
 463 
817.234(11)(b) 2nd Insurance fraud; property value 
$20,000 or more but less than 
$100,000. 
 464 
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. 
 465 
817.568(2)(b) 2nd Fraudulent use of personal 
identification information;     
 
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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. 
 466 
817.611(2)(a) 2nd Traffic in or possess 5 to 14 
counterfeit credit cards or 
related documents. 
 467 
817.625(2)(b) 2nd Second or subsequent fraudulent 
use of scanning device, 
skimming device, or reencoder. 
 468 
825.1025(4) 3rd Lewd or lascivious exhibition 
in the presence of an elderly 
person or disabled adult. 
 469 
827.071(4) 2nd Possess with intent to promote 
any photographic material, 
motion picture, etc., which 
includes child pornography. 
 470     
 
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827.071(5) 3rd Possess, control, or 
intentionally view any 
photographic material, moti on 
picture, etc., which includes 
child pornography. 
 471 
828.12(2) 3rd Tortures any animal with intent 
to inflict intense pain, 
serious physical injury, or 
death. 
 472 
836.14(4) 2nd Person who willfully promotes 
for financial gain a sexually 
explicit image of an 
identifiable person without 
consent. 
 473 
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. 
 474 
843.01(1) 3rd Resist officer with violence to 
person; resist arrest with     
 
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violence. 
 475 
847.0135(5)(b) 2nd Lewd or lascivious exhibition 
using computer; offender 18 
years or older. 
 476 
847.0137 
  (2) & (3) 
3rd Transmission of pornography by 
electronic device or equipment. 
 477 
847.0138 
  (2) & (3) 
3rd Transmission of material 
harmful to minors to a minor by 
electronic device or equipment. 
 478 
849.15(3)(c) 2nd Manufacture, sale, or 
possession of a slot machine; 
by a manager of five or more 
machines or two or more prior 
convictions. 
 479 
849.157(2) 2nd False or misleading statement 
to facilitate sale of slot 
machines or devices; five or 
more machines. 
 480 
849.25(3) 2nd Bookmaking; second or     
 
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subsequent offense. 
 481 
874.05(1)(b) 2nd Encouraging or recruiting 
another to join a criminal 
gang; second or subsequent 
offense. 
 482 
874.05(2)(a) 2nd Encouraging or recruiting 
person under 13 years of age to 
join a criminal gang. 
 483 
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). 
 484 
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     
 
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state, county, or municipal 
park or publicly owned 
recreational facility or 
community center. 
 485 
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. 
 486 
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. 
 487 
893.13(1)(f)1. 1st Sell, manufacture, or deliver 
cocaine (or other s.     
 
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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. 
 488 
893.13(4)(b) 2nd Use or hire of minor; deliver 
to minor other controlled 
substance. 
 489 
893.1351(1) 3rd Ownership, lease, or rental for 
trafficking in or manufacturing 
of controlled substance. 
 490 
 (g)  LEVEL 7 491 
 492 
Florida 
Statute 
Felony 
Degree Description 
 493 
316.027(2)(c) 1st Accident involving death, 
failure to stop; leaving scene. 
 494 
316.193(3)(c)2. 3rd DUI resulting in serious bodily 
injury. 
 495 
316.1935(3)(b) 1st Causing serious bodily injury     
 
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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. 
 496 
327.35(3)(c)2. 3rd Vessel BUI resulting in serious 
bodily injury. 
 497 
402.319(2) 2nd Misrepresentation and 
negligence or intentional act 
resulting in great bodily harm, 
permanent disfiguration, 
permanent disability, or death. 
 498 
409.920 
  (2)(b)1.a. 
3rd Medicaid provider fraud; 
$10,000 or less. 
 499 
409.920 
  (2)(b)1.b. 
2nd Medicaid provider fraud; more 
than $10,000, but less than 
$50,000. 
 500 
456.065(2) 3rd Practicing a health care     
 
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profession without a license. 
 501 
456.065(2) 2nd Practicing a health care 
profession without a license 
which results in serious bodily 
injury. 
 502 
458.327(1) 3rd Practicing medicine without a 
license. 
 503 
459.013(1) 3rd Practicing osteopathic medicine 
without a license. 
 504 
460.411(1) 3rd Practicing chiropractic 
medicine without a license. 
 505 
461.012(1) 3rd Practicing podiatric medicine 
without a license. 
 506 
462.17 	3rd Practicing naturopathy without 
a license. 
 507 
463.015(1) 3rd Practicing optometry without a 
license. 
 508     
 
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464.016(1) 3rd Practicing nursing without a 
license. 
 509 
465.015(2) 3rd Practicing pharmacy without a 
license. 
 510 
466.026(1) 3rd Practicing dentistry or dental 
hygiene without a license. 
 511 
467.201 	3rd Practicing midwifery without a 
license. 
 512 
468.366 	3rd Delivering respiratory care 
services without a license. 
 513 
483.828(1) 3rd Practicing as clinical 
laboratory personnel without a 
license. 
 514 
483.901(7) 3rd Practicing medical physics 
without a license. 
 515 
484.013(1)(c) 3rd Preparing or dispensing optical 
devices without a prescription. 
 516     
 
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484.053 	3rd Dispensing hearing aids without 
a license. 
 517 
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. 
 518 
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. 
 519 
560.125(5)(a) 3rd Money services business by 
unauthorized person, currency 
or payment instruments 
exceeding $300 but less than 
$20,000. 
 520 
655.50(10)(b)1. 3rd Failure to report financial 
transactions exceeding $300 but 
less than $20,000 by financial 
institution.     
 
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 521 
775.21(10)(a) 3rd Sexual predator; failure to 
register; failure to renew 
driver license or 
identification card; other 
registration violations. 
 522 
775.21(10)(b) 3rd Sexual predator working where 
children regularly congregate. 
 523 
775.21(10)(g) 3rd Failure to report or providing 
false information about a 
sexual predator; harbor or 
conceal a sexual predator. 
 524 
782.051(3) 2nd Attempted felony murder of a 
person by a person other than 
the perpetrator or the 
perpetrator of an attempted 
felony. 
 525 
782.07(1) 2nd Killing of a human being by the 
act, procurement, or culpable 
negligence of another 
(manslaughter).     
 
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 526 
782.071 	2nd Killing of a human being or 
unborn child by the operation 
of a motor vehicle in a 
reckless manner (vehicular 
homicide). 
 527 
782.072 	2nd Killing of a human being by the 
operation of a vessel in a 
reckless manner (vessel 
homicide). 
 528 
784.045(1)(a)1. 2nd Aggravated battery; 
intentionally causing great 
bodily harm or disfigurement. 
 529 
784.045(1)(a)2. 2nd Aggravated battery; using 
deadly weapon. 
 530 
784.045(1)(b) 2nd Aggravated battery; perpetrator 
aware victim pregnant. 
 531 
784.048(4) 3rd Aggravated stalking; violation 
of injunction or court order. 
 532     
 
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784.048(7) 3rd Aggravated stalking; violation 
of court order. 
 533 
784.07(2)(d) 1st Aggravated battery on law 
enforcement officer. 
 534 
784.074(1)(a) 1st Aggravated battery on sexually 
violent predators facility 
staff. 
 535 
784.08(2)(a) 1st Aggravated battery on a person 
65 years of age or older. 
 536 
784.081(1) 1st Aggravated battery on specified 
official or employee. 
 537 
784.082(1) 1st Aggravated battery by detained 
person on visitor or other 
detainee. 
 538 
784.083(1) 1st Aggravated battery on code 
inspector. 
 539 
787.06(3)(a)2. 1st Human trafficking using 
coercion for labor and services     
 
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of an adult. 
 540 
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. 
 541 
790.07(4) 1st Specified weapons violation 
subsequent to previous 
conviction of s. 790.07(1) or 
(2). 
 542 
790.16(1) 1st Discharge of a machine gun 
under specified circumstances. 
 543 
790.165(2) 2nd Manufacture, sell, possess, or 
deliver hoax bomb. 
 544 
790.165(3) 2nd Possessing, displaying, or 
threatening to use any hoax 
bomb while committing or 
attempting to commit a felony. 
 545 
790.166(3) 2nd Possessing, selling, using, or     
 
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attempting to use a hoax weapon 
of mass destruction. 
 546 
790.166(4) 2nd Possessing, displaying, or 
threatening to use a hoax 
weapon of mass destruction 
while committing or attempting 
to commit a felony. 
 547 
790.23 1st,PBL Possession of a firearm by a 
person who qualifies for the 
penalty enhancements provided 
for in s. 874.04. 
 548 
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. 
 549 
796.05(1) 1st Live on earnings of a 
prostitute; 2nd offense. 
 550 
796.05(1) 1st Live on earnings of a 
prostitute; 3rd and subsequent     
 
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offense. 
 551 
800.04(5)(c)1. 2nd Lewd or lascivious molestation; 
victim younger than 12 years of 
age; offender younger than 18 
years of age. 
 552 
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. 
 553 
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 spe cified 
sex offense. 
 554 
806.01(2) 2nd Maliciously damage structure by 
fire or explosive. 
 555 
810.02(3)(a) 2nd Burglary of occupied dwelling; 
unarmed; no assault or battery.     
 
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 556 
810.02(3)(b) 2nd Burglary of unoccupied 
dwelling; unarmed; no assault 
or battery. 
 557 
810.02(3)(d) 2nd Burglary of occupied 
conveyance; unarmed; no assault 
or battery. 
 558 
810.02(3)(e) 2nd Burglary of authorized 
emergency vehicle. 
 559 
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. 
 560 
812.014(2)(b)2. 2nd Property stolen, cargo valued 
at less than $50,000, grand 
theft in 2nd degree. 
 561 
812.014(2)(b)3. 2nd Property stolen, emergency     
 
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medical equipment; 2nd degree 
grand theft. 
 562 
812.014(2)(b)4. 2nd Property stolen, law 
enforcement equipment from 
authorized emergency vehicle. 
 563 
812.014(2)(f) 2nd Grand theft; second degree; 
firearm with previous 
conviction of s. 
812.014(2)(c)5. 
 564 
812.0145(2)(a) 1st Theft from person 65 years of 
age or older; $50,000 or more. 
 565 
812.019(2) 1st Stolen property; initiates, 
organizes, plans, etc., the 
theft of property and traffics 
in stolen property. 
 566 
812.131(2)(a) 2nd Robbery by sudden snatching. 
 567 
812.133(2)(b) 1st Carjacking; no firearm, deadly 
weapon, or other weapon. 
 568     
 
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817.034(4)(a)1. 1st Communications fraud, value 
greater than $50,000. 
 569 
817.234(8)(a) 2nd Solicitation of motor vehicle 
accident victims with intent to 
defraud. 
 570 
817.234(9) 2nd Organizing, planning , or 
participating in an intentional 
motor vehicle collision. 
 571 
817.234(11)(c) 1st Insurance fraud; property value 
$100,000 or more. 
 572 
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. 
 573 
817.418(2)(a) 3rd Offering for sale or 
advertising personal protective 
equipment with intent to     
 
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defraud. 
 574 
817.504(1)(a) 3rd Offering or advertising a 
vaccine with intent to defraud. 
 575 
817.535(2)(a) 3rd Filing false lien or other 
unauthorized document. 
 576 
817.611(2)(b) 2nd Traffic in or possess 15 to 49 
counterfeit credit cards or 
related documents. 
 577 
825.102(3)(b) 2nd Neglecting an elderly person or 
disabled adult causing great 
bodily harm, disability, or 
disfigurement. 
 578 
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. 
 579 
827.03(2)(b) 2nd Neglect of a child causing 
great bodily harm, disability, 
or disfigurement.     
 
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 580 
827.04(3) 3rd Impregnation of a child under 
16 years of age by person 21 
years of age or older. 
 581 
837.05(2) 3rd Giving false information about 
alleged capital felony to a law 
enforcement officer. 
 582 
838.015 	2nd Bribery. 
 583 
838.016 	2nd Unlawful compensation or reward 
for official behavior. 
 584 
838.021(3)(a) 2nd Unlawful harm to a public 
servant. 
 585 
838.22 	2nd Bid tampering. 
 586 
843.0855(2) 3rd Impersonation of a public 
officer or employee. 
 587 
843.0855(3) 3rd Unlawful simulation of legal 
process. 
 588     
 
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843.0855(4) 3rd Intimidation of a public 
officer or employee. 
 589 
847.0135(3) 3rd Solicitation of a child, via a 
computer service, to commit an 
unlawful sex act. 
 590 
847.0135(4) 2nd Traveling to meet a minor to 
commit an unlawful sex act. 
 591 
849.155 	1st Trafficking in slot machines or 
devices or any part thereof. 
 592 
872.06 	2nd Abuse of a dead human body. 
 593 
874.05(2)(b) 1st Encouraging or recruiting 
person under 13 to join a 
criminal gang; second or 
subsequent offense. 
 594 
874.10 1st,PBL Knowingly initiates, organizes, 
plans, finances, directs, 
manages, or supervises criminal 
gang-related activity. 
 595     
 
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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. 
 596 
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. 
 597 
893.13(4)(a) 1st Use or hire of minor; deliver 
to minor other controlled 
substance. 
 598     
 
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893.135(1)(a)1. 1st Trafficking in cannabis, more 
than 25 lbs., less than 2,000 
lbs. 
 599 
893.135 
  (1)(b)1.a. 
1st Trafficking in cocaine, more 
than 28 grams, less than 200 
grams. 
 600 
893.135 
  (1)(c)1.a. 
1st Trafficking in illegal drugs, 
more than 4 grams, les s than 14 
grams. 
 601 
893.135 
  (1)(c)2.a. 
1st Trafficking in hydrocodone, 28 
grams or more, less than 50 
grams. 
 602 
893.135 
  (1)(c)2.b. 
1st Trafficking in hydrocodone, 50 
grams or more, less than 100 
grams. 
 603 
893.135 
  (1)(c)3.a. 
1st Trafficking in oxycodone, 7 
grams or more, less than 14 
grams. 
 604 
893.135 	1st Trafficking in oxycodone, 14     
 
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  (1)(c)3.b. 	grams or more, less than 25 
grams. 
 605 
893.135 
  (1)(c)4.b.(I) 
1st Trafficking in fentanyl, 4 
grams or more, less than 14 
grams. 
 606 
893.135 
  (1)(d)1.a. 
1st Trafficking in phencyclidine, 
28 grams or more, less than 200 
grams. 
 607 
893.135(1)(e)1. 1st Trafficking in methaqualone, 
200 grams or more, less than 5 
kilograms. 
 608 
893.135(1)(f)1. 1st Trafficking in amphetamine, 14 
grams or more, less than 28 
grams. 
 609 
893.135 
  (1)(g)1.a. 
1st Trafficking in flunitrazepam, 4 
grams or more, less than 14 
grams. 
 610 
893.135 
  (1)(h)1.a. 
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 1     
 
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kilogram or more, less than 5 
kilograms. 
 611 
893.135 
  (1)(j)1.a. 
1st Trafficking in 1,4-Butanediol, 
1 kilogram or more, less than 5 
kilograms. 
 612 
893.135 
  (1)(k)2.a. 
1st Trafficking in Phenethylamines, 
10 grams or more, less than 200 
grams. 
 613 
893.135 
  (1)(m)2.a. 
1st Trafficking in synthetic 
cannabinoids, 280 grams or 
more, less than 500 grams. 
 614 
893.135 
  (1)(m)2.b. 
1st Trafficking in synthetic 
cannabinoids, 500 grams or 
more, less than 1,000 grams. 
 615 
893.135 
  (1)(n)2.a. 
1st Trafficking in n-benzyl 
phenethylamines, 14 grams or 
more, less than 100 grams. 
 616 
893.1351(2) 2nd Possession of place for 
trafficking in or manufacturing     
 
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of controlled substance. 
 617 
896.101(5)(a) 3rd Money laundering, financial 
transactions exceeding $300 but 
less than $20,000. 
 618 
896.104(4)(a)1. 3rd Structuring transactions to 
evade reporting or registration 
requirements, financial 
transactions exceeding $300 but 
less than $20,000. 
 619 
943.0435(4)(c) 2nd Sexual offender vacating 
permanent residence; failure to 
comply with reporting 
requirements. 
 620 
943.0435(8) 2nd Sexual offender; remains in 
state after indicatin g intent 
to leave; failure to comply 
with reporting requirements. 
 621 
943.0435(9)(a) 3rd Sexual offender; failure to 
comply with reporting 
requirements.     
 
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 622 
943.0435(13) 3rd Failure to report or providing 
false information about a 
sexual offender; harbor or 
conceal a sexual offender. 
 623 
943.0435(14) 3rd Sexual offender; failure to 
report and reregister; failure 
to respond to address 
verification; providing false 
registration information. 
 624 
944.607(9) 3rd Sexual offender; failure to 
comply with reporting 
requirements. 
 625 
944.607(10)(a) 3rd Sexual offender; failure to 
submit to the taking of a 
digitized photograph. 
 626 
944.607(12) 3rd Failure to report or providing 
false information about a 
sexual offender; harbor or 
conceal a sexual offender. 
 627     
 
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944.607(13) 3rd Sexual offender; failure to 
report and reregister; failure 
to respond to address 
verification; providing false 
registration information. 
 628 
985.4815(10) 3rd Sexual offender; failure to 
submit to the taking of a 
digitized photograph. 
 629 
985.4815(12) 3rd Failure to report or providing 
false information about a 
sexual offender; harbor or 
conceal a sexual offender. 
 630 
985.4815(13) 3rd Sexual offender; failure to 
report and reregister; failure 
to respond to address 
verification; providing false 
registration information. 
 631 
 Section 12.  Paragraph (a) of subsection (1) and paragraph 632 
(a) of subsection (2) of section 772.102, Florida Statutes, are 633 
amended to read: 634 
 772.102  Definitions. —As used in this chapter, the term: 635     
 
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 (1)  "Criminal activity" means to commi t, to attempt to 636 
commit, to conspire to commit, or to solicit, coerce, or 637 
intimidate another person to commit: 638 
 (a)  Any crime that is chargeable by indictment or 639 
information under the following provisions: 640 
 1.  Section 210.18, relating to evasion of payme nt of 641 
cigarette taxes. 642 
 2.  Section 414.39, relating to public assistance fraud. 643 
 3.  Section 440.105 or s. 440.106, relating to workers' 644 
compensation. 645 
 4.  Part IV of chapter 501, relating to telemarketing. 646 
 5.  Chapter 517, relating to securities transactions. 647 
 6.  Section 550.235 or s. 550.3551, relating to dogracing 648 
and horseracing. 649 
 7.  Chapter 550, relating to jai alai frontons. 650 
 8.  Chapter 552, relating to the manufacture, distribution, 651 
and use of explosives. 652 
 9.  Chapter 562, relating to bev erage law enforcement. 653 
 10.  Section 624.401, relating to transacting insurance 654 
without a certificate of authority, s. 624.437(4)(c)1., relating 655 
to operating an unauthorized multiple -employer welfare 656 
arrangement, or s. 626.902(1)(b), relating to representi ng or 657 
aiding an unauthorized insurer. 658 
 11.  Chapter 687, relating to interest and usurious 659 
practices. 660     
 
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 12.  Section 721.08, s. 721.09, or s. 721.13, relating to 661 
real estate timeshare plans. 662 
 13.  Chapter 782, relating to homicide. 663 
 14.  Chapter 784, relati ng to assault and battery. 664 
 15.  Chapter 787, relating to kidnapping or human 665 
trafficking. 666 
 16.  Chapter 790, relating to weapons and firearms. 667 
 17.  Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07, 668 
relating to prostitution. 669 
 18.  Chapter 806, relatin g to arson. 670 
 19.  Section 810.02(2)(c), relating to specified burglary 671 
of a dwelling or structure. 672 
 20.  Chapter 812, relating to theft, robbery, and related 673 
crimes. 674 
 21.  Chapter 815, relating to computer -related crimes. 675 
 22.  Chapter 817, relating to fra udulent practices, false 676 
pretenses, fraud generally, and credit card crimes. 677 
 23.  Section 827.071, relating to commercial sexual 678 
exploitation of children. 679 
 24.  Chapter 831, relating to forgery and counterfeiting. 680 
 25.  Chapter 832, relating to issuance o f worthless checks 681 
and drafts. 682 
 26.  Section 836.05, relating to extortion. 683 
 27.  Chapter 837, relating to perjury. 684 
 28.  Chapter 838, relating to bribery and misuse of public 685     
 
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office. 686 
 29.  Chapter 843, relating to obstruction of justice. 687 
 30.  Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 688 
s. 847.07, relating to obscene literature and profanity. 689 
 31.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 690 
849.25, relating to gambling. 691 
 32.  Chapter 893, relating to drug abuse prevention and 692 
control. 693 
 33.  Section 914.22 or s. 914.23, relating to witnesses, 694 
victims, or informants. 695 
 34.  Section 918.12 or s. 918.13, relating to tampering 696 
with jurors and evidence. 697 
 (2)  "Unlawful debt" means any money or other thing of 698 
value constituting princip al or interest of a debt that is 699 
legally unenforceable in this state in whole or in part because 700 
the debt was incurred or contracted: 701 
 (a)  In violation of any one of the following provisions of 702 
law: 703 
 1.  Section 550.235 or s. 550.3551, relating to dograci ng 704 
and horseracing. 705 
 2.  Chapter 550, relating to jai alai frontons. 706 
 3.  Section 687.071, relating to criminal usury and loan 707 
sharking. 708 
 4.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 709 
849.25, relating to gambling. 710     
 
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 Section 13.  Paragraph (a) of subsection (12) of section 711 
895.02, Florida Statutes, is amended to read: 712 
 895.02  Definitions. —As used in ss. 895.01 -895.08, the 713 
term: 714 
 (12)  "Unlawful debt" means any money or other thing of 715 
value constituting principal or interest of a debt that is 716 
legally unenforceable in this state in whole or in part because 717 
the debt was incurred or contracted: 718 
 (a)  In violation of any one of the following provisions of 719 
law: 720 
 1.  Section 550.235 or s. 550.3551, relating to dogracing 721 
and horseracing. 722 
 2.  Chapter 550, relating to jai alai frontons. 723 
 3.  Section 551.109, relating to slot machine gaming. 724 
 4.  Chapter 687, relating to interest and usury. 725 
 5.  Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 726 
849.25, relating to gambling. 727 
 Section 14.  This act s hall take effect July 1, 2024. 728