CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 1 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 2 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 3 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 4 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 5 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 6 of 70 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) 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 7 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 8 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 9 of 70 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) 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 10 of 70 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 (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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 11 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 12 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 13 of 70 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 (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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 14 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 15 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 16 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 17 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 18 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 19 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 20 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 21 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 22 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 23 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 24 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 25 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 26 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 27 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 28 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 29 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 30 of 70 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 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, CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 31 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 32 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 33 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 34 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 35 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 36 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 37 of 70 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. 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; CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 38 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 39 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 40 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 41 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 42 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 43 of 70 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 893.03(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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 44 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 45 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 46 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 47 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 48 of 70 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 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). CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 49 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 50 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 51 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 52 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 53 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 54 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 55 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 56 of 70 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 817.034(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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 57 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 58 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 59 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 60 of 70 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 893.13(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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 61 of 70 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)(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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 62 of 70 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)(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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 63 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 64 of 70 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 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. CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 65 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 66 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 67 of 70 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) "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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 68 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 69 of 70 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 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 CS/HB 189 2024 CODING: Words stricken are deletions; words underlined are additions. hb0189-01-c1 Page 70 of 70 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 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