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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to 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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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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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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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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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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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 has received notice from the commission or any 149
other law enforcement agency in this state that the operations 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
at the establishment, premises, or other location are in 151
violation of subsection (2), and commits a violation of 152
subsection (2) by failing to cease and desist such operations 153
within 48 hours of receiving notice, and: 154
1. At the time of the violation the person is knowingly 155
acting as a manager; or 156
2. Has one prior conviction for a viola tion of this 157
section. 158
(c) A person commits a felony of the second degree, 159
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 160
if he or she has received notice from the commission or any 161
other law enforcement agency in this state that the op erations 162
at the establishment, premises, or other location are in 163
violation of subsection (2), and commits a violation of 164
subsection (2) by failing to cease and desist such operations 165
within 48 hours of receiving notice, and: 166
1.a. At the time of the viol ation the person is knowingly 167
acting as a manager; and 168
b. The violation involves five or more slot machines or 169
devices; or 170
2. Has two or more prior convictions for a violation of 171
this section. 172
(4)(2) Pursuant to section 2 of that chapter of the 173
Congress of the United States entitled "An act to prohibit 174
transportation of gaming devices in interstate and foreign 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
commerce," approved January 2, 1951, being ch. 1194, 64 Stat. 176
1134, and also designated as 15 U.S.C. ss. 1171 -1177, the State 177
of Florida, acting by and through the duly elected and qualified 178
members of its Legislature, does hereby in this section, and in 179
accordance with and in compliance with the provisions of section 180
2 of such chapter of Congress, declare and proclaim that any 181
county of the State of Florida within which slot machine gaming 182
is authorized pursuant to chapter 551 is exempt from the 183
provisions of section 2 of that chapter of the Congress of the 184
United States entitled "An act to prohibit transportation of 185
gaming devices in interstate and foreign commerce," designated 186
as 15 U.S.C. ss. 1171 -1177, approved January 2, 1951. All 187
shipments of gaming devices, including slot machines, into any 188
county of this state within which slot machine gaming is 189
authorized pursuant to chapter 551 and the r egistering, 190
recording, and labeling of which have been duly performed by the 191
manufacturer or distributor thereof in accordance with sections 192
3 and 4 of that chapter of the Congress of the United States 193
entitled "An act to prohibit transportation of gaming devices in 194
interstate and foreign commerce," approved January 2, 1951, 195
being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. 196
ss. 1171-1177, shall be deemed legal shipments thereof into this 197
state provided the destination of such shipments is an e ligible 198
facility as defined in s. 551.102 or the facility of a slot 199
machine manufacturer or slot machine distributor as provided in 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
s. 551.109(2)(a). 201
Section 4. Section 849.155, Florida Statutes, is created 202
to read: 203
849.155 Trafficking in slot machin es or devices or any 204
parts thereof.—Any person who knowingly sells, purchases, 205
manufactures, transports, delivers, or brings into this state 206
more than 15 slot machines or devices or any part thereof, 207
commits a felony of the first degree, punishable as prov ided in 208
s. 775.082, s. 775.083, or s. 775.084. If the quantity of slot 209
machines or devices or any part thereof involved: 210
(1) Is more than 15 slot machines or devices or any part 211
thereof, but less than 25 slot machines or devices or any part 212
thereof, such person must be ordered to pay a fine of $100,000. 213
(2) Is 25 slot machines or devices or any part thereof or 214
more, but less than 50 slot machines or devices or any part 215
thereof, such person must be ordered to pay a fine of $250,000. 216
(3) Is 50 slot mach ines or devices or any part thereof or 217
more, such person must be ordered to pay a fine of $500,000. 218
219
All fines imposed and collected pursuant to this section must be 220
deposited into the Pari -mutuel Wagering Trust Fund and may be 221
used for the enforcement of chapters 546, 550, 551, and this 222
chapter by the Florida Gaming Control Commission. 223
Section 5. Section 849.157, Florida Statutes, is created 224
to read: 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
849.157 Making a false or misleading statement regarding 226
the legality of slot machines or devices to facilitate sale.— 227
(1) Except as provided in subsection (2), a person who 228
knowingly and willfully makes a materially false or misleading 229
statement or who knowingly and willfully disseminates false or 230
misleading information regarding the legality of a slot machine 231
or device for the purpose of facilitating the sale or delivery 232
of a slot machine or device for any money or other valuable 233
consideration commits a felony of the third degree, punishable 234
as provided in s. 775.082, s. 775.083, or s. 775.084. 235
(2) A person who violates subsection (1) when such a 236
violation involves the sale or delivery, or attempted sale or 237
delivery, of five or more slot machines or devices commits a 238
felony of the second degree, punishable as provided in s. 239
775.082, s. 775.083, or s. 775.084. 240
Section 6. Section 849.23, Florida Statutes, is repealed. 241
Section 7. Section 849.47, Florida Statutes, is created to 242
read: 243
849.47 Transporting or procuring the transportation of 244
persons to facilitate illegal gambling. — 245
(1) Except as provided in subsection (2), a person who 246
knowingly and willfully for profit or hire transports, or 247
procures the transportation of, five or more other persons into 248
or within this state when he or she knows or reasonably should 249
know such transportation is for the purpose of facilitating 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
illegal gambling commits a misdemeanor of the first degree, 251
punishable as provided in s. 775.082 or s. 775.083. 252
(2)(a) A person who transports, or procures the 253
transportation of, a minor or a person 65 years of age or older 254
in violation of subsection (1) commits a felony of the third 255
degree, punishable as provided in s. 775.082, s. 775.083, or s. 256
775.084. 257
(b) A person who transports, or procures the 258
transportation of, 12 or more persons in violation of subsection 259
(1) commits a felony of the third degree, punishable as provided 260
in s. 775.082, s. 775.083, or s. 775.084. 261
(3) As used in this section, the term "illegal gambling" 262
means any criminal violation of chapter 546, chapter 550, 263
chapter 551, or this chapter that occurs at any business, 264
establishment, premises, or other location which operates for 265
profit. 266
Section 8. Section 849.48, Florida Statutes, is created to 267
read: 268
849.48 Gambling or gaming advertisements; prohibited. — 269
(1)(a) Except as otherwise specifically aut horized by law, 270
a person may not knowingly and intentionally make, publish, 271
disseminate, circulate or place before the public, or cause, 272
directly or indirectly, to be made, published, disseminated or 273
circulated or placed before the public in this state, in any 274
manner, any advertisement, circular, bill, poster, pamphlet, 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
list, schedule, announcement, or notice for the purpose of 276
promoting or facilitating illegal gambling. 277
(b) Except as otherwise specifically authorized by law, a 278
person may not set up any type or plate for any type of 279
advertisement, circular, bill, poster, pamphlet, list, schedule, 280
announcement, or notice when he or she knows or reasonably 281
should know that such material will be used for the purpose of 282
promoting or facilitating illegal gambl ing. 283
(2) A person who violates subsection (1) commits a 284
misdemeanor of the first degree, punishable as provided in s. 285
775.082 or s. 775.083. 286
(3) This section does not prohibit the printing or 287
producing of any advertisement, circular, bill, poster, 288
pamphlet, list, schedule, announcement, or notice to be used for 289
the purpose of promoting or facilitating gambling conducted in 290
any other state or nation, outside of this state, where such 291
gambling is not prohibited. 292
(4) As used in this section, the term "il legal gambling" 293
means any criminal violation of chapter 546, chapter 550, 294
chapter 551, or this chapter that occurs at any business, 295
establishment, premises, or other location which operates for 296
profit. 297
Section 9. Section 849.49, Florida Statutes, is cr eated to 298
read: 299
849.49 Preemption.— No county, municipality, or other 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
political subdivision of the state shall enact or enforce any 301
ordinance or local rule relating to gaming, gambling, lotteries, 302
or any activities described in s. 546.10 or this chapter, except 303
as otherwise expressly provided by the state constitution, 304
general law, or special law. 305
Section 10. Paragraphs (i) through (m) of subsection (2) 306
of section 903.046, Florida Statutes, are redesignated as 307
paragraphs (j) through (n), respectively, and a new paragraph 308
(i) is added to that subsection, to read: 309
903.046 Purpose of and criteria for bail determination. — 310
(2) When determining whether to release a defendant on 311
bail or other conditions, and what that bail or those conditions 312
may be, the court shall consider: 313
(i) The amount of currency seized that is connected to or 314
involved in a violation of chapter 546, chapter 550, chapter 315
551, or chapter 849. 316
Section 11. Paragraphs (a), (c), (e), and (g) of 317
subsection (3) of section 921.0022, Flo rida Statutes, are 318
amended to read: 319
921.0022 Criminal Punishment Code; offense severity 320
ranking chart.— 321
(3) OFFENSE SEVERITY RANKING CHART 322
(a) LEVEL 1 323
324
Florida Felony Description
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Statute Degree
325
24.118(3)(a) 3rd Counterfeit or altered state
lottery ticket.
326
104.0616(2) 3rd Unlawfully distributing,
ordering, requesting,
collecting, delivering, or
possessing vote-by-mail
ballots.
327
212.054(2)(b) 3rd Discretionary sales surtax;
limitations, administration,
and collection.
328
212.15(2)(b) 3rd Failure to remit sales taxes,
amount $1,000 or more but less
than $20,000.
329
316.1935(1) 3rd Fleeing or attempting to elude
law enforcement officer.
330
319.30(5) 3rd Sell, exchange, give away
certificate of title or
identification number plate.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
331
319.35(1)(a) 3rd Tamper, adjust, change, etc.,
an odometer.
332
320.26(1)(a) 3rd Counterfeit, manufacture, or
sell registration license
plates or validation stickers.
333
322.212
(1)(a)-(c)
3rd Possession of forged, stolen,
counterfeit, or unlawfully
issued driver license;
possession of simulated
identification.
334
322.212(4) 3rd Supply or aid in supplying
unauthorized driver license or
identification card.
335
322.212(5)(a) 3rd False application for driver
license or identification card.
336
414.39(3)(a) 3rd Fraudulent misappropriation of
public assistance funds by
employee/official, value more
than $200.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
337
443.071(1) 3rd False statement or
representation to obtain or
increase reemployment
assistance benefits.
338
509.151(1) 3rd Defraud an innkeeper, food or
lodging value $1,000 or more.
339
517.302(1) 3rd Violation of the Florida
Securities and Investor
Protection Act.
340
713.69 3rd Tenant removes property upon
which lien has accrued, value
$1,000 or more.
341
812.014(3)(c) 3rd Petit theft (3rd conviction);
theft of any property not
specified in subsection (2).
342
815.04(4)(a) 3rd Offense against intellectual
property (i.e., computer
programs, data).
343
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817.52(2) 3rd Hiring with intent to defraud,
motor vehicle services.
344
817.569(2) 3rd Use of public record or public
records information or
providing false information to
facilitate commission of a
felony.
345
826.01 3rd Bigamy.
346
828.122(3) 3rd Fighting or baiting animals.
347
831.04(1) 3rd Any erasure, alteration, etc.,
of any replacement deed, map,
plat, or other document listed
in s. 92.28.
348
831.31(1)(a) 3rd Sell, deliver, or possess
counterfeit controlled
substances, all but s.
893.03(5) drugs.
349
832.041(1) 3rd Stopping payment with intent to
defraud $150 or more.
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350
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.
351
838.15(2) 3rd Commercial bribe receiving.
352
838.16 3rd Commercial bribery.
353
843.18 3rd Fleeing by boat to elude a law
enforcement officer.
354
847.011(1)(a) 3rd Sell, distribute, etc.,
obscene, lewd, etc., material
(2nd conviction).
355
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.
356
849.23 3rd Gambling-related machines;
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"common offender" as to
property rights.
357
849.25(2) 3rd Engaging in bookmaking.
358
860.08 3rd Interfere with a railroad
signal.
359
860.13(1)(a) 3rd Operate aircraft while under
the influence.
360
893.13(2)(a)2. 3rd Purchase of cannabis.
361
893.13(6)(a) 3rd Possession of cannabis (more
than 20 grams).
362
934.03(1)(a) 3rd Intercepts, or procures any
other person to intercept, any
wire or oral communication.
363
(c) LEVEL 3 364
365
Florida
Statute
Felony
Degree Description
366
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119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
367
316.066
(3)(b)-(d)
3rd Unlawfully obtaining or using
confidential crash reports.
368
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
369
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in
patrol vehicle with siren and
lights activated.
370
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
371
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
372
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
373
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
374
327.35(2)(b) 3rd Felony BUI.
375
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.
376
328.07(4) 3rd Manufacture, exchange, or
possess vessel with counterfeit
or wrong ID number.
377
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
378
379.2431
(1)(e)5.
3rd Taking, disturbing, mutilating,
destroying, causing to be
destroyed, transferring,
selling, offering to sell,
molesting, or harassing marine
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turtles, marine turtle eggs, or
marine turtle nests in
violation of the Marine Turtle
Protection Act.
379
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
Act.
380
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
violation of the Marine Turtle
Protection Act.
381
400.9935(4)(a)
or (b)
3rd Operating a clinic, or offering
services requiring licensure,
without a license.
382
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
report information.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
383
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such a
report.
384
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
385
624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.
386
624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
387
626.902(1)(a) &
(b)
3rd Representing an unauthorized
insurer.
388
697.08 3rd Equity skimming.
389
790.15(3) 3rd Person directs another to
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
discharge firearm from a
vehicle.
390
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.
391
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
392
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
duty.
393
810.09(2)(c) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
394
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
395
812.0145(2)(c) 3rd Theft from person 65 years of
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
age or older; $300 or more but
less than $10,000.
396
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
397
812.081(2) 3rd Theft of a trade secret.
398
815.04(4)(b) 2nd Computer offense devised to
defraud or obtain property.
399
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
than $20,000.
400
817.233 3rd Burning to defraud insurer.
401
817.234
(8)(b) & (c)
3rd Unlawful solicitation of
persons involved in motor
vehicle accidents.
402
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
403
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
817.236 3rd Filing a false motor vehicle
insurance application.
404
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
405
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
406
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great
bodily harm, permanent
disfigurement, or permanent
disability.
407
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
counterfeit payment instrument
with intent to defraud.
408
831.29 2nd Possession of instruments for
counterfeiting driver licenses
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or identification cards.
409
836.13(2) 3rd Person who promotes an altered
sexual depiction of an
identifiable person without
consent.
410
838.021(3)(b) 3rd Threatens unlawful harm to
public servant.
411
849.01 3rd Keeping a gambling house.
412
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.
413
849.09(1)(e),
(f), (g), (i),
or (k)
3rd Conducting an unlawful lottery;
second or subsequent offense.
414
849.09(1)(h) or
(j)
3rd Conducting an unlawful lottery;
second or subsequent offense.
415
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
849.15(3)(b) 3rd Manufacture, sale, or
possession of slot machine; by
manager or with prior
conviction.
416
849.157(1) 3rd False or misleading statement
to facilitate sale of slot
machines or devices.
417
849.25(2) 3rd Engaging in bookmaking.
418
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.
419
860.15(3) 3rd Overcharging for repairs and
parts.
420
870.01(2) 3rd Riot.
421
870.01(4) 3rd Inciting a riot.
422
893.13(1)(a)2. 3rd Sell, manufacture, or deliver
cannabis (or other s.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.03(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).
423
893.13(1)(d)2. 2nd Sell, manufacture, or deliver
s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs
within 1,000 feet of
university.
424
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.
425
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
426
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
427
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
428
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.
429
893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
430
893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
431
893.13(8)(a)1. 3rd Knowingly assist a patient,
other person, or owner of an
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
animal in obtaining a
controlled substance through
deceptive, untrue, or
fraudulent representations in
or related to the
practitioner's practice.
432
893.13(8)(a)2. 3rd Employ a trick or scheme in the
practitioner's practice to
assist a patient, other person,
or owner of an animal in
obtaining a controlled
substance.
433
893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
434
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.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
435
918.13(1) 3rd Tampering with or fabricating
physical evidence.
436
944.47
(1)(a)1. & 2.
3rd Introduce contraband to
correctional facility.
437
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
438
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
facility).
439
(e) LEVEL 5 440
441
Florida
Statute
Felony
Degree Description
442
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
443
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
444
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
445
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
446
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
447
379.365(2)(c)1. 3rd Violation of rules relating to:
willful molestation of stone
crab traps, lines, or buoys;
illegal bartering, trading, or
sale, conspiring or aiding in
such barter, trade, or sale, or
supplying, agreeing to supply,
aiding in supplying, or giving
away stone crab trap tags or
certificates; making, altering,
forging, counterfeiting, or
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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.
448
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
449
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
450
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
451
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
452
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
453
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
454
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
455
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
456
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
457
790.162 2nd Threat to throw or discharge
destructive device.
458
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
459
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
460
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
461
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
462
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years o f
age.
463
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
464
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
465
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
but less than $50,000.
466
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
467
812.015(8)(f) 3rd Retail theft; multiple thefts
within specified period.
468
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
469
812.081(3) 2nd Trafficking in trade secrets.
470
812.131(2)(b) 3rd Robbery by sudden snatching.
471
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
472
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
473
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
474
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.
475
817.568(2)(b) 2nd Fraudulent use of personal
identification information;
value of benefit, services
received, payment avoided, or
amount of injury or fraud,
$5,000 or more or use of
personal identification
information of 10 or more
persons.
476
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
477
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
478
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
479
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child pornography.
480
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
child pornography.
481
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
482
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
consent.
483
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.
484
843.01(1) 3rd Resist officer with violence to
person; resist arrest with
violence.
485
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
486
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
487
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
488
849.15(3)(c) 2nd Manufacture, sale, or
possession of a slot machine;
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
by a manager of five or more
machines or two or more prior
convictions.
489
849.157(2) 2nd False or misleading statement
to facilitate sale of slot
machines or devices; five or
more machines.
490
849.25(3) 2nd Bookmaking; second or
subsequent offense.
491
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal
gang; second or subsequent
offense.
492
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
493
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.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
drugs).
494
893.13(1)(c)2. 2nd Sell, manufacture, or deliver
cannabis (or other s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
495
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.
496
893.13(1)(e)2. 2nd Sell, manufacture, or deliver
cannabis or other drug
prohibited under s.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.03(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.
497
893.13(1)(f)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
or (2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
public housing facility.
498
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
499
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
500
(g) LEVEL 7 501
502
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida
Statute
Felony
Degree Description
503
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
504
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
505
316.1935(3)(b) 1st Causing serious bodily injury
or death to another person;
driving at high speed or with
wanton disregard for safety
while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
506
327.35(3)(c)2. 3rd Vessel BUI resulting in serious
bodily injury.
507
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
permanent disability, or death.
508
409.920
(2)(b)1.a.
3rd Medicaid provider fraud;
$10,000 or less.
509
409.920
(2)(b)1.b.
2nd Medicaid provider fraud; more
than $10,000, but less than
$50,000.
510
456.065(2) 3rd Practicing a health care
profession without a license.
511
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
512
458.327(1) 3rd Practicing medicine without a
license.
513
459.013(1) 3rd Practicing osteopathic medicine
without a license.
514
460.411(1) 3rd Practicing chiropractic
medicine without a license.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
515
461.012(1) 3rd Practicing podiatric medicine
without a license.
516
462.17 3rd Practicing naturopathy without
a license.
517
463.015(1) 3rd Practicing optometry without a
license.
518
464.016(1) 3rd Practicing nursing without a
license.
519
465.015(2) 3rd Practicing pharmacy without a
license.
520
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
521
467.201 3rd Practicing midwifery without a
license.
522
468.366 3rd Delivering respiratory care
services without a license.
523
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
524
483.901(7) 3rd Practicing medical physics
without a license.
525
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
526
484.053 3rd Dispensing hearing aids without
a license.
527
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.
528
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.
529
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
530
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
531
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
532
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
533
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
534
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
535
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
536
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
537
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
538
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
539
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
540
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
541
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
542
784.048(7) 3rd Aggravated stalking; violation
of court order.
543
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
544
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
545
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
546
784.081(1) 1st Aggravated battery on specified
official or employee.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
547
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
548
784.083(1) 1st Aggravated battery on code
inspector.
549
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
550
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.
551
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
552
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
553
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
554
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
555
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
556
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
557
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
558
794.08(4) 3rd Female genital mutilation;
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
consent by a parent, guardian,
or a person in custodial
authority to a victim younger
than 18 years of age.
559
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
560
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
561
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
562
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.
563
800.04(5)(e) 1st Lewd or lascivious molestation;
victim 12 years of age or older
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
but younger than 16 years;
offender 18 years or older;
prior conviction for specified
sex offense.
564
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
565
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
566
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
567
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
568
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
569
812.014(2)(a)1. 1st Property stolen, valued at
$100,000 or more or a
semitrailer deployed by a law
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
enforcement officer; property
stolen while causing other
property damage; 1st degree
grand theft.
570
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
571
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
572
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
573
812.014(2)(f) 2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
574
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
575
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
576
812.131(2)(a) 2nd Robbery by sudden snatching.
577
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
578
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
579
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
580
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
581
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
582
817.2341 1st Making false entries of
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2)(b) &
(3)(b)
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.
583
817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
584
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
585
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
586
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
587
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
disfigurement.
588
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.
589
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
590
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
591
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
592
838.015 2nd Bribery.
593
838.016 2nd Unlawful compensation or reward
for official behavior.
594
838.021(3)(a) 2nd Unlawful harm to a public
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
servant.
595
838.22 2nd Bid tampering.
596
843.0855(2) 3rd Impersonation of a public
officer or employee.
597
843.0855(3) 3rd Unlawful simulation of legal
process.
598
843.0855(4) 3rd Intimidation of a public
officer or employee.
599
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
600
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
601
849.155 1st Trafficking in slot machines or
devices or any part thereof.
602
872.06 2nd Abuse of a dead human body.
603
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
604
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
605
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 municip al
park or publicly owned
recreational facility or
community center.
606
893.13(1)(e)1. 1st Sell, manufacture, or deliver
cocaine or other drug
prohibited under s.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.03(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.
607
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
608
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
609
893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
grams.
610
893.135
(1)(c)1.a.
1st Trafficking in illegal drugs,
more than 4 grams, less than 14
grams.
611
893.135
(1)(c)2.a.
1st Trafficking in hydrocodone, 28
grams or more, less than 50
grams.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
612
893.135
(1)(c)2.b.
1st Trafficking in hydrocodone, 50
grams or more, less than 100
grams.
613
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
614
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 25
grams.
615
893.135
(1)(c)4.b.(I)
1st Trafficking in fentanyl, 4
grams or more, less than 14
grams.
616
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
617
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
kilograms.
618
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
619
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
620
893.135
(1)(h)1.a.
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
621
893.135
(1)(j)1.a.
1st Trafficking in 1,4-Butanediol,
1 kilogram or more, less than 5
kilograms.
622
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
623
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or
more, less than 500 grams.
624
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
more, less than 1,000 grams.
625
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
626
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
627
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
628
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
629
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure to
comply with reporting
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
requirements.
630
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
631
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
632
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
633
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
634
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
635
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
636
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
637
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
638
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
639
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
640
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
641
Section 12. Paragraph (a) of subsection (1) and paragraph 642
(a) of subsection (2) of section 772.102, Florida Sta tutes, are 643
amended to read: 644
772.102 Definitions. —As used in this chapter, the term: 645
(1) "Criminal activity" means to commit, to attempt to 646
commit, to conspire to commit, or to solicit, coerce, or 647
intimidate another person to commit: 648
(a) Any crime that is chargeable by indictment or 649
information under the following provisions: 650
1. Section 210.18, relating to evasion of payment of 651
cigarette taxes. 652
2. Section 414.39, relating to public assistance fraud. 653
3. Section 440.105 or s. 440.106, relating to workers' 654
compensation. 655
4. Part IV of chapter 501, relating to telemarketing. 656
5. Chapter 517, relating to securities transactions. 657
6. Section 550.235 or s. 550.3551, relating to dogracing 658
and horseracing. 659
7. Chapter 550, relating to jai alai fronton s. 660
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
8. Chapter 552, relating to the manufacture, distribution, 661
and use of explosives. 662
9. Chapter 562, relating to beverage law enforcement. 663
10. Section 624.401, relating to transacting insurance 664
without a certificate of authority, s. 624.437(4)(c)1., relating 665
to operating an unauthorized multiple -employer welfare 666
arrangement, or s. 626.902(1)(b), relating to representing or 667
aiding an unauthorized insurer. 668
11. Chapter 687, relating to interest and usurious 669
practices. 670
12. Section 721.08, s. 721.09, o r s. 721.13, relating to 671
real estate timeshare plans. 672
13. Chapter 782, relating to homicide. 673
14. Chapter 784, relating to assault and battery. 674
15. Chapter 787, relating to kidnapping or human 675
trafficking. 676
16. Chapter 790, relating to weapons and fi rearms. 677
17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07, 678
relating to prostitution. 679
18. Chapter 806, relating to arson. 680
19. Section 810.02(2)(c), relating to specified burglary 681
of a dwelling or structure. 682
20. Chapter 812, relating to theft, robbery, and related 683
crimes. 684
21. Chapter 815, relating to computer -related crimes. 685
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
22. Chapter 817, relating to fraudulent practices, false 686
pretenses, fraud generally, and credit card crimes. 687
23. Section 827.071, relating to commercial sexual 688
exploitation of children. 689
24. Chapter 831, relating to forgery and counterfeiting. 690
25. Chapter 832, relating to issuance of worthless checks 691
and drafts. 692
26. Section 836.05, relating to extortion. 693
27. Chapter 837, relating to perjury. 694
28. Chapter 838, relating to bribery and misuse of public 695
office. 696
29. Chapter 843, relating to obstruction of justice. 697
30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 698
s. 847.07, relating to obscene literature and profanity. 699
31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 700
849.25, relating to gambling. 701
32. Chapter 893, relating to drug abuse prevention and 702
control. 703
33. Section 914.22 or s. 914.23, relating to witnesses, 704
victims, or informants. 705
34. Section 918.12 or s. 918.13, relating to tampe ring 706
with jurors and evidence. 707
(2) "Unlawful debt" means any money or other thing of 708
value constituting principal or interest of a debt that is 709
legally unenforceable in this state in whole or in part because 710
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the debt was incurred or contracted: 711
(a) In violation of any one of the following provisions of 712
law: 713
1. Section 550.235 or s. 550.3551, relating to dogracing 714
and horseracing. 715
2. Chapter 550, relating to jai alai frontons. 716
3. Section 687.071, relating to criminal usury and loan 717
sharking. 718
4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 719
849.25, relating to gambling. 720
Section 13. Paragraph (a) of subsection (12) of section 721
895.02, Florida Statutes, is amended to read: 722
895.02 Definitions. —As used in ss. 895.01 -895.08, the 723
term: 724
(12) "Unlawful debt" means any money or other thing of 725
value constituting principal or interest of a debt that is 726
legally unenforceable in this state in whole or in part because 727
the debt was incurred or contracted: 728
(a) In violation of any one of the follow ing provisions of 729
law: 730
1. Section 550.235 or s. 550.3551, relating to dogracing 731
and horseracing. 732
2. Chapter 550, relating to jai alai frontons. 733
3. Section 551.109, relating to slot machine gaming. 734
4. Chapter 687, relating to interest and usury. 735
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 736
849.25, relating to gambling. 737
Section 14. This act shall take effect July 1, 2024. 738