Florida Senate - 2025 CS for SB 1404 By the Committee on Regulated Industries; and Senator Simon 580-02869-25 20251404c1 1 A bill to be entitled 2 An act relating to gambling; amending s. 16.71, F.S.; 3 deleting obsolete provisions; deleting language 4 concerning factors to be considered in appointments to 5 the Florida Gaming Control Commission; amending s. 6 16.713, F.S.; prohibiting certain employment for a 7 specified timeframe before or during a persons 8 service with the commission; amending s. 16.715, F.S.; 9 revising standards of conduct for the commission; 10 prohibiting certain post-employment activities for 11 former commissioners and employees for a specified 12 period; amending s. 546.10, F.S.; authorizing certain 13 organizations to petition the commission before 14 purchasing, installing, or operating a game or machine 15 on its premises before petitioning for and being 16 issued a specified declaratory statement from the 17 commission if the organization is unsure if such game 18 or machine is an amusement machine; prohibiting such 19 organizations from purchasing or installing a game or 20 machine until an outstanding declaratory statement is 21 issued; prohibiting such organizations from seeking a 22 declaratory statement if the game or machine in 23 question is the subject of a criminal investigation; 24 requiring the commission to issue a declaratory 25 statement within a specified timeframe; prohibiting 26 the commission from denying a petition if it was 27 validly requested; specifying the information that 28 must be included in a request for a declaratory 29 statement; providing that the declaratory statement is 30 valid only for the game or machine for which it is 31 requested; providing that the declaratory statement is 32 invalid if the specifications for the game or machine 33 have been changed; providing that the declaratory 34 statement is binding on the commission and may be 35 introduced as evidence in subsequent proceedings; 36 providing construction; amending s. 551.104, F.S.; 37 revising hiring and procurement policy and reporting 38 requirements for slot machine gaming licensure; 39 amending s. 838.12, F.S.; prohibiting betting on 40 athletic contests with knowledge that the results are 41 prearranged or predetermined; providing criminal 42 penalties; amending s. 843.08, F.S.; prohibiting false 43 personation of personnel of the commission; providing 44 criminal penalties; amending s. 849.01, F.S.; revising 45 criminal penalties for offenses involving keeping a 46 gambling house; amending s. 849.02, F.S.; increasing 47 criminal penalties for specified offenses by agents or 48 employees of a keeper of a gambling house; amending s. 49 849.03, F.S.; revising criminal penalties for offenses 50 involving renting a house for gambling purposes; 51 amending s. 849.08, F.S.; defining the terms Internet 52 gambling and Internet sports wagering; prohibiting 53 Internet gambling and Internet sports wagering and 54 related offenses; providing criminal penalties; 55 providing an exception; amending s. 849.086, F.S.; 56 prohibiting specified actions relating to manipulation 57 of card games; providing criminal penalties; creating 58 s. 849.0932, F.S.; defining terms; prohibiting entry 59 fees collected by noncommercial contest operators from 60 exceeding a specified amount; requiring that all entry 61 fees be returned to contest participants in the form 62 of prizes; requiring the commission to investigate and 63 refer violations to the Attorney General or the state 64 attorney in the circuit in which the violation occurs; 65 authorizing the Attorney General or the state attorney 66 to institute proceedings to enjoin persons found to be 67 in violation of specified provisions of law; providing 68 fines of specified amounts and civil and criminal 69 penalties for specified violations; amending s. 70 849.11, F.S.; prohibiting certain offenses related to 71 games of chance involving the Internet; providing 72 criminal penalties; amending s. 849.13, F.S.; 73 providing enhanced criminal penalties for second or 74 subsequent violations of certain provisions; amending 75 s. 849.14, F.S.; revising the criminal penalties for 76 betting or wagering on certain activities; amending s. 77 849.15, F.S.; defining terms; providing criminal 78 penalties for specified offenses relating to the 79 manufacture, possession, and sale of slot machines or 80 devices; creating s. 849.155, F.S.; prohibiting 81 trafficking in slot machines, devices, or parts 82 thereof; providing criminal penalties; providing for 83 the deposit of fines into a specified trust fund for 84 specified purposes; creating s. 849.157, F.S.; 85 prohibiting the making of a false or misleading 86 statement regarding the legality of slot machines or 87 devices for specified purposes; providing criminal 88 penalties; repealing s. 849.23, F.S., relating to 89 penalties for violations of specified sections; 90 creating s. 849.47, F.S.; defining the term illegal 91 gambling; prohibiting the transportation of specified 92 numbers of persons, persons of certain ages, or a 93 certain number of persons for the purpose of 94 facilitating illegal gambling; providing criminal 95 penalties; creating s. 849.48, F.S.; defining the term 96 illegal gambling; prohibiting specified gambling or 97 gaming advertisements; providing criminal penalties; 98 providing construction; creating s. 849.49, F.S.; 99 preempting to the state the regulation of gaming, 100 gambling, lotteries, or any activities described in 101 specified provisions; amending s. 903.046, F.S.; 102 providing for consideration of the amount of currency 103 seized connected to or involved in specified gambling 104 or gaming offenses when determining whether to release 105 a defendant prior to trial; amending s. 921.0022, 106 F.S.; ranking offenses for purposes of the offense 107 severity ranking chart of the Criminal Punishment 108 Code; amending ss. 772.102 and 895.02, F.S.; 109 conforming provisions to changes made by the act; 110 providing an effective date. 111 112 Be It Enacted by the Legislature of the State of Florida: 113 114 Section 1.Paragraph (a) of subsection (2) of section 115 16.71, Florida Statutes, is amended to read: 116 16.71Florida Gaming Control Commission; creation; 117 meetings; membership. 118 (2)MEMBERSHIP. 119 (a)The commission shall be composed consist of five 120 members appointed by the Governor, and subject to confirmation 121 by the Senate, for terms of 4 years. Members of the commission 122 must be appointed by January 1, 2022. The Governor shall 123 consider appointees who reflect Floridas racial, ethnic, and 124 gender diversity. Of the initial five members appointed by the 125 Governor, and immediately upon appointment, the Governor shall 126 appoint one of the members as the initial chair and one of the 127 members as the initial vice chair. At the end of the initial 128 chairs and vice chairs terms pursuant to subparagraph 1., the 129 commission shall elect one of the members of the commission as 130 chair and one of the members of the commission as vice chair. 131 1.For the purpose of providing staggered terms, of the 132 initial appointments, two members shall be appointed to 4-year 133 terms, two members shall be appointed to 3-year terms, and one 134 member shall be appointed to a 2-year term. 135 2.Of the five members, at least one member must have at 136 least 10 years of experience in law enforcement and criminal 137 investigations, at least one member must be a certified public 138 accountant licensed in this state with at least 10 years of 139 experience in accounting and auditing, and at least one member 140 must be an attorney admitted and authorized to practice law in 141 this state for at least the preceding 10 years. 142 Section 2.Paragraphs (a) and (b) of subsection (2) of 143 section 16.713, Florida Statutes, are amended to read: 144 16.713Florida Gaming Control Commission; appointment and 145 employment restrictions. 146 (2)PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS 147 INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE 148 COMMISSION. 149 (a)A person may not, for the 2 years immediately preceding 150 the date of appointment to or employment with the commission and 151 while appointed to or employed with the commission: 152 1.Hold a permit or license issued under chapter 550 or a 153 license issued under chapter 551 or chapter 849; be an officer, 154 official, or employee of such permitholder or licensee; or be an 155 ultimate equitable owner, as defined in s. 550.002(37), of such 156 permitholder or licensee; 157 2.Be an officer, official, employee, or other person with 158 duties or responsibilities relating to a gaming operation owned 159 by an Indian tribe that has a valid and active compact with the 160 state; be a contractor or subcontractor of such tribe or an 161 entity employed, licensed, or contracted by such tribe; or be an 162 ultimate equitable owner, as defined in s. 550.002(37), of such 163 entity; 164 3.Be a registered lobbyist for the executive or 165 legislative branch, except while a commissioner or employee of 166 the commission when officially representing the commission or 167 unless the person registered as a lobbyist for the executive or 168 legislative branch while employed by a state agency as defined 169 in s. 110.107 during the normal course of his or her employment 170 with such agency and he or she has not lobbied on behalf of any 171 entity other than a state agency during the 2 years immediately 172 preceding the date of his or her appointment to or employment 173 with the commission; or 174 4.Be a bingo game operator or an employee of a bingo game 175 operator; or 176 5.Be an employee, an associate, an owner, or a contractor 177 for any person or entity that conducts or facilitates an 178 activity regulated, enforced, or investigated by the commission, 179 including fantasy sports contests and other betting activities. 180 (b)A person is ineligible for appointment to or employment 181 with the commission if, within the 2 years immediately preceding 182 such appointment or employment, he or she violated paragraph (a) 183 or solicited or accepted employment with, acquired any direct or 184 indirect interest in, or had any direct or indirect business 185 association, partnership, or financial relationship with, or is 186 a relative of: 187 1.Any person or entity who is an applicant, licensee, or 188 registrant with the commission; or 189 2.Any officer, official, employee, or other person with 190 duties or responsibilities relating to a gaming operation owned 191 by an Indian tribe that has a valid and active compact with the 192 state; any contractor or subcontractor of such tribe or an 193 entity employed, licensed, or contracted by such tribe; or any 194 ultimate equitable owner, as defined in s. 550.002(37), of such 195 entity; or 196 3.Any person or entity that conducts or facilitates an 197 activity regulated, enforced, or investigated by the commission, 198 including fantasy sports contests and other betting activities. 199 200 For the purposes of this subsection, the term relative means a 201 spouse, father, mother, son, daughter, grandfather, grandmother, 202 brother, sister, uncle, aunt, cousin, nephew, niece, father-in 203 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, 204 sister-in-law, stepfather, stepmother, stepson, stepdaughter, 205 stepbrother, stepsister, half brother, or half sister. 206 Section 3.Paragraph (b) of subsection (1) and paragraphs 207 (b) and (c) of subsection (2) of section 16.715, Florida 208 Statutes, are amended to read: 209 16.715Florida Gaming Control Commission standards of 210 conduct; ex parte communications. 211 (1)STANDARDS OF CONDUCT. 212 (b)1.A commissioner or employee of the commission may not 213 accept anything from any business entity that, either directly 214 or indirectly, owns or controls any person regulated by the 215 commission or from any business entity that, either directly or 216 indirectly, is an affiliate or subsidiary of any person 217 regulated by the commission. 218 2.A commissioner or an employee may attend conferences, 219 along with associated meals and events that are generally 220 available to all conference participants, without payment of any 221 fees in addition to the conference fee. Additionally, while 222 attending a conference, a commissioner or an employee may attend 223 meetings, meals, or events that are not sponsored, in whole or 224 in part, by any representative of any person regulated by the 225 commission and that are limited to commissioners or employees 226 only, committee members, or speakers if the commissioner or 227 employee is a member of a committee of the association of 228 regulatory agencies which organized the conference or is a 229 speaker at the conference. It is not a violation of this 230 subparagraph for a commissioner or an employee to attend a 231 conference for which conference participants who are employed by 232 a person regulated by the commission have paid a higher 233 conference registration fee than the commissioner or employee, 234 or to attend a meal or event that is generally available to all 235 conference participants without payment of any fees in addition 236 to the conference fee and that is sponsored, in whole or in 237 part, by a person regulated by the commission. 238 3.While employed, and for 2 years after service as a 239 commissioner or for 2 years after employment with the 240 commission, a commissioner or an employee may not accept any 241 form of employment with or engage in any business activity with 242 any business entity that, either directly or indirectly, owns or 243 controls any person regulated by the commission; any person 244 regulated by the commission; or any business entity that, either 245 directly or indirectly, is an affiliate or subsidiary of any 246 person regulated by the commission; or be an employee, an 247 associate, an owner, or a contractor for any person or entity 248 that conducts or facilitates an activity regulated, enforced, or 249 investigated by the commission, including fantasy sports 250 contests and other betting activities. 251 4.While employed, and for 2 years after service as a 252 commissioner or for 2 years after employment with the 253 commission, a commissioner, an employee, or a relative living in 254 the same household as a commissioner or an employee may not have 255 any financial interest, other than shares in a mutual fund, in 256 any person regulated by the commission; in any business entity 257 that, either directly or indirectly, owns or controls any person 258 regulated by the commission; or in any business entity that, 259 either directly or indirectly, is an affiliate or a subsidiary 260 of any person regulated by the commission; or be an employee, an 261 associate, an owner, or a contractor for any person or entity 262 that conducts or facilitates an activity regulated, enforced, or 263 investigated by the commission, including fantasy sports 264 contests and other betting activities. If a commissioner, an 265 employee, or a relative living in the same household as a 266 commissioner or an employee acquires any financial interest 267 prohibited by this subsection during the commissioners term of 268 office or the employees employment with the commission as a 269 result of events or actions beyond the commissioners, the 270 employees, or the relatives control, he or she shall 271 immediately sell such financial interest. For the purposes of 272 this subsection, the term relative has the same meaning as in 273 s. 16.713(2)(b). 274 5.A commissioner or an employee may not accept anything 275 from a party in a proceeding currently pending before the 276 commission. 277 6.A commissioner may not serve as the representative of 278 any political party or on any executive committee or other 279 governing body of a political party; serve as an executive 280 officer or employee of any political party, committee, 281 organization, or association; receive remuneration for 282 activities on behalf of any candidate for public office; engage 283 on behalf of any candidate for public office in the solicitation 284 of votes or other activities on behalf of such candidacy; or 285 become a candidate for election to any public office without 286 first resigning from office. 287 7.A commissioner, during his or her term of office, may 288 not make any public comment regarding the merits of any 289 proceeding under ss. 120.569 and 120.57 currently pending before 290 the commission. 291 8.A commissioner or an employee may not act in an 292 unprofessional manner at any time during the performance of 293 official duties. 294 9.A commissioner or an employee must avoid impropriety in 295 all activities and must act at all times in a manner that 296 promotes public confidence in the integrity and impartiality of 297 the commission. 298 10.A commissioner or an employee may not directly or 299 indirectly, through staff or other means, solicit anything of 300 value from any person regulated by the commission, or from any 301 business entity that, whether directly or indirectly, is an 302 affiliate or a subsidiary of any person regulated by the 303 commission, or from any party appearing in a proceeding 304 considered by the commission in the last 2 years. 305 11.A commissioner may not lobby the Governor or any agency 306 of the state, members or employees of the Legislature, or any 307 county or municipal government or governmental agency except to 308 represent the commission in an official capacity. 309 (2)FORMER COMMISSIONERS AND EMPLOYEES. 310 (b)A commissioner, the executive director, or an employee 311 of the commission may not, for the 2 years immediately following 312 the date of resignation or termination from the commission: 313 1.Hold a permit or license issued under chapter 550, or a 314 license issued under chapter 551 or chapter 849; be an officer, 315 official, or employee of such permitholder or licensee; or be an 316 ultimate equitable owner, as defined in s. 550.002(37), of such 317 permitholder or licensee; or be an employee, an associate, an 318 owner, or a contractor for any person or entity that conducts or 319 facilitates an activity regulated, enforced, or investigated by 320 the commission, including fantasy sports contests and other 321 betting activities; 322 2.Accept employment by or compensation from a business 323 entity that, directly or indirectly, owns or controls a person 324 regulated by the commission; from a person regulated by the 325 commission; from a business entity which, directly or 326 indirectly, is an affiliate or subsidiary of a person regulated 327 by the commission; or from a business entity or trade 328 association that has been a party to a commission proceeding 329 within the 2 years preceding the members resignation or 330 termination of service on the commission; from any person or 331 entity that conducts or facilitates an activity regulated, 332 enforced, or investigated by the commission, including fantasy 333 sports contests and other betting activities; or 334 3.Be a bingo game operator or an employee of a bingo game 335 operator. 336 (c)A person employed by the commission may not, for the 2 337 years immediately following the date of termination or 338 resignation from employment with the commission: 339 1.Hold a permit or license issued under chapter 550, or a 340 license issued under chapter 551 or chapter 849; be an officer, 341 official, or employee of such permitholder or licensee; or be an 342 ultimate equitable owner, as defined in s. 550.002(37), of such 343 permitholder or licensee; or be an employee, an associate, an 344 owner, or a contractor for any person or entity that conducts or 345 facilitates an activity regulated, enforced, or investigated by 346 the commission, including fantasy sports contests and other 347 betting activities; or 348 2.Be a bingo game operator or an employee of a bingo game 349 operator. 350 Section 4.Present subsections (8) and (9) of section 351 546.10, Florida Statutes, are redesignated as subsections (9) 352 and (10), respectively, and a new subsection (8) is added to 353 that section, to read: 354 546.10Amusement games or machines. 355 (8)(a)1.Before purchasing or installing a game or machine 356 on the premises of any veterans service organization granted a 357 federal charter under Title 36, U.S.C., or a division, a 358 department, a post, or a chapter of such organization, for which 359 an alcoholic beverage license has been issued, and the veterans 360 service organization is in doubt about whether a machine meets 361 the definition of an amusement machine under this section, the 362 organization may petition the Florida Gaming Control Commission 363 for a declaratory statement under s. 120.565 on whether the 364 operation of the game or machine would be authorized under this 365 section or would be a violation of this section or chapter 849. 366 A game or machine awaiting a declaratory statement from the 367 commission may not be purchased or installed until the 368 declaratory statement is issued. 369 2.If there is a game or machine currently on the premises 370 of any veterans service organization granted a federal charter 371 under Title 36, U.S.C., or a division, a department, a post, or 372 a chapter of such organization, for which an alcoholic beverage 373 license has been issued and the veterans service organization 374 is in doubt about whether a machine meets the definition of an 375 amusement machine under this section, the organization may 376 petition the commission for a declaratory statement pursuant to 377 s. 120.565 on whether the operation of the game or machine would 378 be authorized under this section or would be a violation of this 379 section or chapter 849. If the game, machine, premises, or 380 organization is the subject of an ongoing criminal 381 investigation, the organization may not petition the commission 382 for a declaratory statement under this subsection. 383 3.The commission shall issue a declaratory statement 384 pursuant to this subsection within 60 days after receiving a 385 petition requesting such statement. The commission may not deny 386 a petition that is validly requested pursuant to this subsection 387 and 120.565. 388 (b)A petition made under this subsection must provide 389 enough information for the commission to issue the declaratory 390 statement and must be accompanied by the exact specifications 391 for the type of game or machine that the organization will 392 purchase or install or currently has on the premises. The 393 declaratory statement is valid only for the game or machine for 394 which it is requested and is invalid if the specifications for 395 the game or the machine have been changed. 396 (c)The declaratory statement is binding on the commission 397 and may be introduced in any subsequent proceedings as evidence 398 of a good faith effort to comply with this section or chapter 399 849. 400 (d)This subsection does not prevent the commission or any 401 other criminal justice agency as defined in s. 943.045 from 402 detecting, apprehending, and arresting a person for any alleged 403 violation of this chapter, chapter 24, part II of chapter 285, 404 chapter 550, chapter 551, or chapter 849, or any rule adopted 405 pursuant thereto, or of any law of this state. 406 (e)This subsection does not require an owner or an 407 operator of an amusement game or machine under this section to 408 request or obtain a declaratory statement in order to operate 409 pursuant to this section. 410 Section 5.Paragraph (i) of subsection (4) of section 411 551.104, Florida Statutes, is amended to read: 412 551.104License to conduct slot machine gaming. 413 (4)As a condition of licensure and to maintain continued 414 authority for the conduct of slot machine gaming, the slot 415 machine licensee shall: 416 (i)Create and file with the commission a written policy 417 for: 418 1.Creating opportunities to purchase from vendors in this 419 state, including minority vendors. 420 2.Creating opportunities for employment of residents of 421 this state, including minority residents. 422 3.Ensuring opportunities for construction services from a 423 small business as defined in s. 288.703 minority contractors. 424 4.Ensuring that opportunities for employment are offered 425 on an equal, nondiscriminatory basis. 426 5.Training for employees on responsible gaming and working 427 with a compulsive or addictive gambling prevention program to 428 further its purposes as provided for in s. 551.118. 429 6.The implementation of a drug-testing program that 430 includes, but is not limited to, requiring each employee to sign 431 an agreement that he or she understands that the slot machine 432 facility is a drug-free workplace. 433 434 The slot machine licensee shall use the Internet-based job 435 listing system of the Department of Commerce in advertising 436 employment opportunities. Each slot machine licensee shall 437 provide an annual report to the Florida Gaming Control 438 Commission containing information indicating compliance with 439 this paragraph in regard to minority persons. 440 Section 6.Section 838.12, Florida Statutes, is amended, to 441 read: 442 838.12Bribery in athletic contests. 443 (1)A person who Whoever gives, promises, offers or 444 conspires to give, promise or offer, to anyone who participates 445 or expects to participate in any professional or amateur game, 446 contest, match, race or sport; or to any umpire, referee, judge 447 or other official of such game, contest, match, race or sport; 448 or to any owner, manager, coach or trainer of, or to any 449 relative of, or to any person having any direct, indirect, 450 remote or possible connection with, any team, individual, 451 participant or prospective participant in any such professional 452 or amateur game, contest, match, race or sport, or the officials 453 aforesaid, any bribe, money, goods, present, reward or any 454 valuable thing whatsoever, or any promise, contract or agreement 455 whatsoever, with intent to influence him or her or them to lose 456 or cause to be lost any game, contest, match, race or sport, or 457 to limit his or her or their or any persons or any teams 458 margin of victory in any game, contest, match, race, or sport, 459 or to fix or throw any game, contest, match, race or sport, 460 commits shall be guilty of a felony of the third degree, 461 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 462 (2)A Any participant or prospective participant in any 463 professional or amateur game, contest, match, race or sport; or 464 any umpire, referee, judge or other official of such game, 465 contest, match, race or sport; or any owner, manager, coach or 466 trainer of, or any relative of, or any person having any direct, 467 indirect, remote or possible connection with, any team, 468 individual, participant or prospective participant in any such 469 professional or amateur game, contest, match, race or sport, or 470 the officials aforesaid; who in any way solicits, receives or 471 accepts, or agrees to receive or accept, or who conspires to 472 receive or accept, any bribe, money, goods, present, reward or 473 any valuable thing whatsoever, or any promise, contract or 474 agreement whatsoever, with intent to lose or cause to be lost 475 any game, contest, match, race or sport, or to limit his, her, 476 their or any persons or any teams margin of victory in any 477 game, contest, match, race or sport, or to fix or throw any 478 game, contest, match, race or sport, commits shall be guilty of 479 a felony of the third degree, punishable as provided in s. 480 775.082, s. 775.083, or s. 775.084. 481 (3)A person who stakes, bets, or wagers any money or other 482 thing of value upon the result of any professional or amateur 483 game, contest, match, race, or sport with knowledge that the 484 results of such professional or amateur game, contest, match, 485 race, or sport are prearranged or predetermined as described in 486 subsection (1) or subsection (2) commits a felony of the third 487 degree, punishable as provided in s. 775.082, s. 775.083, or s. 488 775.084. 489 Section 7.Section 843.08, Florida Statutes, is amended to 490 read: 491 843.08False personation.A person who falsely assumes or 492 pretends to be a firefighter, a sheriff, an officer of the 493 Florida Highway Patrol, an officer of the Fish and Wildlife 494 Conservation Commission, an officer of the Department of 495 Environmental Protection, an officer of the Department of 496 Financial Services, any personnel or representative of the 497 Division of Investigative and Forensic Services, any personnel 498 or representative of the Florida Gaming Control Commission, an 499 officer of the Department of Corrections, a correctional 500 probation officer, a deputy sheriff, a state attorney or an 501 assistant state attorney, a statewide prosecutor or an assistant 502 statewide prosecutor, a state attorney investigator, a coroner, 503 a police officer, a lottery special agent or lottery 504 investigator, a beverage enforcement agent, a school guardian as 505 described in s. 30.15(1)(k), a security officer licensed under 506 chapter 493, any member of the Florida Commission on Offender 507 Review or any administrative aide or supervisor employed by the 508 commission, any personnel or representative of the Department of 509 Law Enforcement, or a federal law enforcement officer as defined 510 in s. 901.1505, and takes upon himself or herself to act as 511 such, or to require any other person to aid or assist him or her 512 in a matter pertaining to the duty of any such officer, commits 513 a felony of the third degree, punishable as provided in s. 514 775.082, s. 775.083, or s. 775.084. However, a person who 515 falsely personates any such officer during the course of the 516 commission of a felony commits a felony of the second degree, 517 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 518 If the commission of the felony results in the death or personal 519 injury of another human being, the person commits a felony of 520 the first degree, punishable as provided in s. 775.082, s. 521 775.083, or s. 775.084. In determining whether a defendant has 522 violated this section, the court or jury may consider any 523 relevant evidence, including, but not limited to, whether the 524 defendant used lights in violation of s. 316.2397 or s. 843.081. 525 Section 8.Section 849.01, Florida Statutes, is amended to 526 read: 527 849.01Keeping gambling houses, etc.A person who Whoever 528 by herself or himself, her or his servant, clerk or agent, or in 529 any other manner has, keeps, exercises or maintains a gaming 530 table or room, or gaming implements or apparatus, or house, 531 booth, tent, shelter or other place for the purpose of gaming or 532 gambling or in any place of which she or he may directly or 533 indirectly have charge, control or management, either 534 exclusively or with others, procures, suffers or permits any 535 person to play for money or other valuable thing at any game 536 whatever, whether heretofore prohibited or not, commits a felony 537 misdemeanor of the third second degree, punishable as provided 538 in s. 775.082, or s. 775.083, or s. 775.084. 539 Section 9.Section 849.02, Florida Statutes, is amended to 540 read: 541 849.02Agents or employees of keeper of gambling house.A 542 person who Whoever acts as servant, clerk, agent, or employee of 543 any person in the violation of s. 849.01 commits: 544 (1)For a first offense, a misdemeanor of the first degree, 545 punishable as provided in s. 775.082 or s. 775.083. 546 (2)For a second offense, a felony of the third degree, 547 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 548 (3)For a third or subsequent offense, a felony of the 549 second degree, punishable as provided in s. 775.082, s. 775.083, 550 or s. 775.084 shall be punished in the manner and to the extent 551 therein mentioned. 552 Section 10.Section 849.03, Florida Statutes, is amended to 553 read: 554 849.03Renting house for gambling purposes.A person who 555 Whoever, whether as owner or agent, knowingly rents to another a 556 house, room, booth, tent, shelter or place for the purpose of 557 gaming commits: 558 (1)For a first offense, a felony of the third degree, 559 punishable as provided in s. 775.082, s. 775.083, or s. 775.084 560 shall be punished in the manner and to the extent mentioned in 561 s. 849.01. 562 (2)For a second or subsequent violation, a felony of the 563 second degree, punishable as provided in s. 775.082, s. 775.083, 564 or s. 775.084. 565 Section 11.Section 849.08, Florida Statutes, is amended to 566 read: 567 849.08Gambling. 568 (1)As used in this section, the term: 569 (a)Internet gambling means to play or engage in any game 570 in which money or other thing of value is awarded based on 571 chance, regardless of any application of skill, that is 572 available on the Internet and accessible on a mobile device, 573 computer terminal, or other similar access device and simulates 574 casino-style gaming, including, but not limited to, slot 575 machines, video poker, and table games. 576 (b)Internet sports wagering means to stake, bet, or 577 wager any money or other thing of value upon the result of any 578 trial or contest of skill, speed, power, or endurance of human 579 or beast that is available on the Internet and accessible on a 580 mobile device, computer terminal, or other similar access 581 device. The term does not include fantasy sports contests as 582 defined in s. 849.0932. 583 (2)A person who Whoever plays or engages in Internet 584 gambling, any game at cards, keno, roulette, faro or other game 585 of chance, at any place, by any device whatever, for money or 586 other thing of value, commits shall be guilty of a misdemeanor 587 of the second degree, punishable as provided in s. 775.082 or s. 588 775.083. 589 (3)A person who plays or engages in Internet sports 590 wagering commits: 591 (a)For a first offense, a misdemeanor of the second 592 degree, punishable as provided in s. 775.082 or s. 775.083. 593 (b)For a second or subsequent violation, a misdemeanor of 594 the first degree, punishable as provided in s. 775.082 or s. 595 775.083. 596 (4)A person who operates, conducts, or promotes Internet 597 gambling or Internet sports wagering, or receives in any manner 598 whatsoever any money or other thing of value offered for the 599 purpose of Internet gambling or Internet sports wagering, or who 600 knowingly becomes the custodian or depositary of any money or 601 other thing of value so offered, or who aids, assists, abets, or 602 influences in any manner in any of such acts, all of which are 603 hereby forbidden, commits a felony of the third degree, 604 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 605 (5)This section does not apply to participation in, or the 606 conduct of, any gaming activities authorized under s. 607 285.710(13) and conducted pursuant to a gaming compact ratified 608 and approved under s. 285.710(3). 609 Section 12.Paragraph (e) is added to subsection (12) of 610 section 849.086, Florida Statutes, to read: 611 849.086Cardrooms authorized. 612 (12)PROHIBITED ACTIVITIES. 613 (e)A person who manipulates or attempts to manipulate the 614 playing cards, outcome, or payoff of a card game in a licensed 615 cardroom by physical tampering or by use of any object, 616 instrument, or device, whether mechanical, electrical, magnetic, 617 or involving other means, commits a felony of the third degree, 618 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 619 Section 13.Section 849.0932, Florida Statutes, is created 620 to read: 621 849.0932Fantasy sports contests; conditions for conduct. 622 (1)As used in this section, the term: 623 (a)Commission means the Florida Gaming Control 624 Commission. 625 (b)Confidential information means information related to 626 the playing of fantasy sports contests by contest participants 627 which is obtained solely as a result of a persons employment 628 with, or work as an agent of, a contest operator. 629 (c)Contest operator means a person or an entity that 630 offers fantasy sports contests for a cash prize to members of 631 the public. The term does not include a noncommercial contest 632 operator in this state. 633 (d)Contest participant means a person who pays an entry 634 fee for the ability to participate in a fantasy or simulation 635 sports game or contest offered by a contest operator or 636 noncommercial contest operator. 637 (e)Entry fee means the cash or cash equivalent amount 638 that a person is required to pay to a contest operator or 639 noncommercial contest operator to participate in a fantasy 640 sports contest. 641 (f)Fantasy sports contest means a fantasy or simulation 642 sports game or contest offered by a contest operator or a 643 noncommercial contest operator in which a contest participant 644 manages a fantasy or simulation sports team composed of athletes 645 from a professional sports organization and which meets each of 646 the following requirements: 647 1.All prizes and awards offered to winning contest 648 participants are established and made known to the contest 649 participants in advance of the game or contest, and their value 650 is not determined by the number of contest participants or the 651 amount of any fees paid by those contest participants. 652 2.All winning outcomes reflect the relative knowledge and 653 skill of the contest participants and are determined 654 predominantly by accumulated statistical results of the 655 performance of individuals, including athletes in the case of 656 sporting events. 657 3.No winning outcome is based on the score, point spread, 658 or any performance or performances of any single actual team or 659 combination of such teams; solely on any single performance of 660 an individual athlete or player in a single actual event; on a 661 pari-mutuel event, as the term pari-mutuel is defined in s. 662 550.002; on a game of poker or other card game; or on the 663 performances of participants in collegiate, high school, or 664 youth sporting events. 665 4.No casino graphics, themes, or titles, including, but 666 not limited to, depictions of slot machine-style symbols, cards, 667 dice, craps, roulette, or lotto, are displayed or depicted. 668 (g)Noncommercial contest operator means a natural person 669 who organizes and conducts a fantasy or simulation sports game 670 in which contest participants are charged entry fees for the 671 right to participate; and who collects, maintains, and 672 distributes such entry fees; 673 (2)The total entry fees collected, maintained, and 674 distributed by a noncommercial contest operator for a fantasy 675 sports contest may not exceed $1,500 per season or a total of 676 $10,000 per calendar year. All entry fees must be returned to 677 the contest participants in the form of prizes. 678 (3)The Florida Gaming Control Commission shall investigate 679 violations of this section and refer them to the Attorney 680 General or the state attorney in the circuit in which the 681 violation occurs. The Attorney General or state attorney may 682 also institute proceedings to enjoin any person found to be 683 violating this section. 684 (4)(a)A violation of this section is punishable by a fine 685 of $1,000 in addition to civil and criminal penalties. 686 (b)An operator or owner of any website, platform, or 687 application that offers fantasy sports contests in violation of 688 this section is subject to a fine of up to $100,000 per 689 violation. 690 (5)(a)A person who willfully and knowingly violates this 691 section commits a misdemeanor of the first degree, punishable as 692 provided in s. 775.082 or s. 775.083. 693 (b)An operator or owner of any application, platform, or 694 website that offers fantasy sports contests in violation of this 695 section commits a felony of the third degree, punishable as 696 provided in s. 775.082, s. 775.083, or s. 775.084. 697 Section 14.Section 849.11, Florida Statutes, is amended to 698 read: 699 849.11Plays at games of chance by lot. 700 (1)A person who Whoever sets up, promotes or plays in 701 person or by the use, at least in part, of the Internet, at any 702 game of chance by lot or with dice, cards, numbers, hazards or 703 any other gambling device whatever for, or for the disposal of 704 money or other thing of value or under the pretext of a sale, 705 gift or delivery thereof, or for any right, share or interest 706 therein, commits shall be guilty of a misdemeanor of the second 707 degree, punishable as provided in s. 775.082 or s. 775.083. 708 (2)A person who sets up, operates, conducts, promotes, or 709 receives in any manner whatsoever any money or other thing of 710 value offered for the purpose of conduct prohibited in 711 subsection (1), or who knowingly becomes the custodian or 712 depositary of any money or other thing of value so offered, or 713 who aids, assists, abets, or influences in any manner in any of 714 such acts, commits a felony of the third degree, punishable as 715 provided in s. 775.082, s. 775.083, or s. 775.084. 716 Section 15.Section 849.13, Florida Statutes, is amended to 717 read: 718 849.13Punishment on Second or subsequent conviction.A 719 person who commits a second or subsequent violation of the same 720 Whoever, after being convicted of an offense forbidden by law in 721 connection with lotteries for which there is no penalty 722 specified for a second or subsequent violation, shall have the 723 offense reclassified to an offense of the next higher degree, 724 commits the like offense, shall be guilty of a misdemeanor of 725 the first degree, punishable as provided in s. 775.082, or s. 726 775.083, or s. 775.084. For purposes of sentencing under chapter 727 921, a felony offense that is reclassified under this subsection 728 is ranked one level above the ranking under s. 921.0022 or s. 729 921.0023 of the felony offense committed. 730 Section 16.Section 849.14, Florida Statutes, is amended to 731 read: 732 849.14Unlawful to bet on result of trial or contest of 733 skill, etc.A person who Whoever stakes, bets, or wagers any 734 money or other thing of value upon the result of any trial or 735 contest of skill, speed or power or endurance of human or beast, 736 or who whoever receives in any manner whatsoever any money or 737 other thing of value staked, bet, or wagered, or offered for the 738 purpose of being staked, bet, or wagered, by or for any other 739 person upon any such result, or who whoever knowingly becomes 740 the custodian or depositary of any money or other thing of value 741 so staked, bet, or wagered upon any such result, or who whoever 742 aids, or assists, or abets, or influences in any manner in any 743 of such acts all of which are hereby forbidden, commits a felony 744 of the third degree, punishable as provided in s. 775.082, or s. 745 775.083, or s. 775.084. 746 Section 17.Section 849.15, Florida Statutes, is amended to 747 read: 748 849.15Manufacture, sale, possession, etc., of slot 749 machines or devices prohibited. 750 (1)As used in this section, the term: 751 (a)Conviction means a determination of guilt that is the 752 result of a plea or a trial, regardless of whether adjudication 753 is withheld or a plea of nolo contendere is entered. 754 (b)Person of authority means a person who, at any 755 business, establishment, premises, or other location at which a 756 slot machine or device is offered for play, has: 757 1.Actual authority to act on behalf of the business, 758 establishment, premises, or other location where a slot machine 759 or device is offered for play; or 760 2.Any ownership interest in the business, establishment, 761 premises, or other location. The term ownership interest 762 includes being an officer, a director, or a managing member of 763 the business, establishment, premises, or other location. 764 (2)(1)It is unlawful: 765 (a)To manufacture, own, store, keep, possess, sell, rent, 766 lease, let on shares, lend or give away, transport, or expose 767 for sale or lease, or to offer to sell, rent, lease, let on 768 shares, lend or give away, or permit the operation of, or for 769 any person to permit to be placed, maintained, or used or kept 770 in any room, space, or building owned, leased or occupied by the 771 person or under the persons management or control, any slot 772 machine or device or any part thereof; or 773 (b)To make or to permit to be made with any person any 774 agreement with reference to any slot machine or device, pursuant 775 to which the user thereof, as a result of any element of chance 776 or other outcome unpredictable to him or her, may become 777 entitled to receive any money, credit, allowance, or thing of 778 value or additional chance or right to use such machine or 779 device, or to receive any check, slug, token or memorandum 780 entitling the holder to receive any money, credit, allowance or 781 thing of value. 782 (3)(a)Except as provided in paragraphs (b) and (c), a 783 person who violates subsection (2) commits a misdemeanor of the 784 first degree, punishable as provided in s. 775.082 or s. 785 775.083. 786 (b)A person commits a felony of the third degree, 787 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 788 if he or she violates subsection (2), and: 789 1.At the time of the violation, the person was a person of 790 authority; or 791 2.The person has one prior conviction for a violation of 792 this section. 793 (c)A person commits a felony of the second degree, 794 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 795 if he or she violates subsection (2), and: 796 1.a.At the time of the violation, the person was a person 797 of authority; and 798 b.The violation involves five or more slot machines or 799 devices; or 800 2.The person has two or more prior convictions for a 801 violation of this section. 802 (4)(2)Pursuant to section 2 of that chapter of the 803 Congress of the United States entitled An act to prohibit 804 transportation of gaming devices in interstate and foreign 805 commerce, approved January 2, 1951, being ch. 1194, 64 Stat. 806 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State 807 of Florida, acting by and through the duly elected and qualified 808 members of its Legislature, does hereby in this section, and in 809 accordance with and in compliance with the provisions of section 810 2 of such chapter of Congress, declare and proclaim that any 811 county of the State of Florida within which slot machine gaming 812 is authorized pursuant to chapter 551 is exempt from the 813 provisions of section 2 of that chapter of the Congress of the 814 United States entitled An act to prohibit transportation of 815 gaming devices in interstate and foreign commerce, designated 816 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All 817 shipments of gaming devices, including slot machines, into any 818 county of this state within which slot machine gaming is 819 authorized pursuant to chapter 551 and the registering, 820 recording, and labeling of which have been duly performed by the 821 manufacturer or distributor thereof in accordance with sections 822 3 and 4 of that chapter of the Congress of the United States 823 entitled An act to prohibit transportation of gaming devices in 824 interstate and foreign commerce, approved January 2, 1951, 825 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. 826 ss. 1171-1177, shall be deemed legal shipments thereof into this 827 state provided the destination of such shipments is an eligible 828 facility as defined in s. 551.102 or the facility of a slot 829 machine manufacturer or slot machine distributor as provided in 830 s. 551.109(2)(a). 831 (5)All shipments of legal gaming devices, including legal 832 slot machines, into Indian lands located within this state shall 833 be deemed legal shipments thereof provided that such Indian 834 lands are held in federal trust for the benefit of a federally 835 recognized Indian tribe that is a party to a tribal-state 836 compact with the state pursuant to the federal Indian Gaming 837 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C. 838 ss. 2701 et seq. 839 Section 18.Section 849.155, Florida Statutes, is created 840 to read: 841 849.155Trafficking in slot machines, devices, or parts. 842 Any person who knowingly sells, purchases, manufactures, 843 transports, delivers, or brings into this state more than 15 844 slot machines or devices or any parts thereof commits a felony 845 of the first degree, punishable as provided in s. 775.082, s. 846 775.083, or s. 775.084. If the quantity of slot machines or 847 devices or any parts thereof involved is: 848 (1)More than 15 slot machines or devices or any parts 849 thereof, but less than 25 slot machines or devices or any parts 850 thereof, such person must be fined $100,000. 851 (2)Twenty-five slot machines or devices or any parts 852 thereof or more, but less than 50 slot machines or devices or 853 any parts thereof, such person must be fined $250,000. 854 (3)Fifty slot machines or devices or any parts thereof or 855 more, such person must be fined $500,000. 856 (4)Pursuant to section 2 of the chapter of the Congress of 857 the United States entitled An act to prohibit transportation of 858 gaming devices in interstate and foreign commerce, approved 859 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also 860 designated as 15 U.S.C. ss. 1171-1177, the State of Florida, 861 acting by and through the duly elected and qualified members of 862 its Legislature, does hereby in this section, and in accordance 863 with and in compliance with section 2 of such chapter of 864 Congress, declare and proclaim that any county of the State of 865 Florida within which slot machine gaming is authorized pursuant 866 to chapter 551 is exempt from section 2 of that chapter of the 867 Congress of the United States entitled An act to prohibit 868 transportation of gaming devices in interstate and foreign 869 commerce, designated as 15 U.S.C. ss. 1171-1177, approved 870 January 2, 1951. All shipments of gaming devices, including slot 871 machines, into any county of this state within which slot 872 machine gaming is authorized pursuant to chapter 551 and the 873 registering, recording, and labeling of which have been duly 874 performed by the manufacturer or distributor thereof in 875 accordance with sections 3 and 4 of that chapter of the Congress 876 of the United States entitled An act to prohibit transportation 877 of gaming devices in interstate and foreign commerce, approved 878 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also 879 designated as 15 U.S.C. ss. 1171-1177, shall be deemed legal 880 shipments thereof into this state provided the destination of 881 such shipments is an eligible facility as defined in s. 551.102 882 or the facility of a slot machine manufacturer or slot machine 883 distributor as provided in s. 551.109(2)(a). 884 (5)All shipments of legal gaming devices, including legal 885 slot machines, into Indian lands located within the state shall 886 be deemed legal shipments thereof provided that such Indian 887 lands are held in federal trust for the benefit of a federally 888 recognized Indian tribe that is a party to a tribal-state 889 compact with the state pursuant to the federal Indian Gaming 890 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C. 891 ss. 2701 et seq. 892 893 Notwithstanding any other law, all fines imposed and collected 894 pursuant to this section must be deposited into the Pari-mutuel 895 Wagering Trust Fund and may be used for the enforcement of this 896 chapter and chapters 546, 550, and 551 by the Florida Gaming 897 Control Commission. 898 Section 19.Section 849.157, Florida Statutes, is created 899 to read: 900 849.157Making a false or misleading statement regarding 901 the legality of slot machines or devices to facilitate sale. 902 (1)Except as provided in subsection (2), a person who 903 knowingly and willfully makes a materially false or misleading 904 statement or who knowingly and willfully disseminates false or 905 misleading information regarding the legality of a slot machine 906 or device for the purpose of facilitating the sale or delivery 907 of a slot machine or device for any money or other valuable 908 consideration commits a felony of the third degree, punishable 909 as provided in s. 775.082, s. 775.083, or s. 775.084. 910 (2)A person who violates subsection (1) when such a 911 violation involves the sale or delivery, or attempted sale or 912 delivery, of five or more slot machines or devices commits a 913 felony of the second degree, punishable as provided in s. 914 775.082, s. 775.083, or s. 775.084. 915 Section 20.Section 849.23, Florida Statutes, is repealed. 916 Section 21.Section 849.47, Florida Statutes, is created to 917 read: 918 849.47Transporting or procuring the transportation of 919 persons to facilitate illegal gambling. 920 (1)As used in this section, the term illegal gambling 921 means any criminal violation of this chapter, chapter 546, 922 chapter 550, or chapter 551 that occurs at any business, 923 establishment, premises, or other location. 924 (2)Except as provided in subsection (3), a person who 925 knowingly and willfully transports, or procures the 926 transportation of, five or more other persons into or within 927 this state when he or she knows or reasonably should know that 928 such transportation is for the purpose of facilitating illegal 929 gambling commits a misdemeanor of the first degree, punishable 930 as provided in s. 775.082 or s. 775.083. 931 (3)(a)A person who transports, or procures the 932 transportation of, a minor or a person 65 years of age or older 933 in violation of subsection (2) commits a felony of the third 934 degree, punishable as provided in s. 775.082, s. 775.083, or s. 935 775.084. 936 (b)A person who transports, or procures the transportation 937 of, 12 or more persons in violation of subsection (2) commits a 938 felony of the third degree, punishable as provided in s. 939 775.082, s. 775.083, or s. 775.084. 940 Section 22.Section 849.48, Florida Statutes, is created to 941 read: 942 849.48Gambling or gaming advertisements; prohibited. 943 (1)As used in this section, the term illegal gambling 944 means any criminal violation of this chapter, chapter 546, 945 chapter 550, or chapter 551 which occurs at any business, 946 establishment, premises, or other location. 947 (2)(a)Except as otherwise specifically authorized by law, 948 a person may not knowingly and intentionally make, publish, 949 disseminate, circulate, or place before the public, or cause, 950 directly or indirectly, to be made, published, disseminated, 951 circulated, or placed before the public in this state, in any 952 manner, whether in person or by the use, at least in part, of 953 the Internet, any advertisement, circular, bill, poster, 954 pamphlet, list, schedule, announcement, or notice for the 955 purpose of promoting or facilitating illegal gambling. 956 (b)Except as otherwise specifically authorized by law, a 957 person may not set up any type or plate for any type of 958 advertisement, circular, bill, poster, pamphlet, list, schedule, 959 announcement, or notice when he or she knows or reasonably 960 should know that such material will be used for the purpose of 961 promoting or facilitating illegal gambling. 962 (c)A person who violates this subsection commits: 963 1.For a first offense, a misdemeanor of the first degree, 964 punishable as provided in s. 775.082 or s. 775.083. 965 2.For a second or subsequent offense, a felony of the 966 third degree, punishable as provided in s. 775.082, s. 775.083, 967 or s. 775.084. 968 (3)This section does not prohibit the printing or 969 producing of any advertisement, circular, bill, poster, 970 pamphlet, list, schedule, announcement, or notice to be used for 971 the purpose of promoting or facilitating gambling conducted in 972 any other state or nation, outside of this state, where such 973 gambling is not prohibited. 974 Section 23.Section 849.49, Florida Statutes, is created to 975 read: 976 849.49Preemption.No county, municipality, or other 977 political subdivision of the state shall enact or enforce any 978 ordinance or local rule relating to gaming, gambling, lotteries, 979 or any activities described in this chapter or s. 546.10, except 980 as otherwise expressly provided by the State Constitution, 981 general law, or special law. 982 Section 24.Present paragraphs (i) through (m) of 983 subsection (2) of section 903.046, Florida Statutes, are 984 redesignated as paragraphs (j) through (n), respectively, and a 985 new paragraph (i) is added to that subsection, to read: 986 903.046Purpose of and criteria for bail determination. 987 (2)When determining whether to release a defendant on bail 988 or other conditions, and what that bail or those conditions may 989 be, the court shall consider: 990 (i)The amount of currency seized that is connected to or 991 involved in a violation of chapter 546, chapter 550, chapter 992 551, or chapter 849. 993 Section 25.Paragraphs (a), (c), (e), and (g) of subsection 994 (3) of section 921.0022, Florida Statutes, are amended to read: 995 921.0022Criminal Punishment Code; offense severity ranking 996 chart. 997 (3)OFFENSE SEVERITY RANKING CHART 998 (a)LEVEL 1 999 1000 1001 FloridaStatute FelonyDegree Description 1002 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 1003 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots. 1004 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 1005 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000. 1006 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 1007 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 1008 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 1009 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 1010 322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification. 1011 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 1012 322.212(5)(a) 3rd False application for driver license or identification card. 1013 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 1014 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 1015 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more. 1016 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 1017 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more. 1018 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 1019 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data). 1020 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 1021 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 1022 826.01 3rd Bigamy. 1023 828.122(3) 3rd Fighting or baiting animals. 1024 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 1025 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 1026 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 1027 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. 1028 838.15(2) 3rd Commercial bribe receiving. 1029 838.16 3rd Commercial bribery. 1030 843.18 3rd Fleeing by boat to elude a law enforcement officer. 1031 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 1032 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. 1033 849.23 3rd Gambling-related machines; common offender as to property rights. 1034 849.25(2) 3rd Engaging in bookmaking. 1035 860.08 3rd Interfere with a railroad signal. 1036 860.13(1)(a) 3rd Operate aircraft while under the influence. 1037 893.13(2)(a)2. 3rd Purchase of cannabis. 1038 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 1039 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 1040 (c)LEVEL 3 1041 1042 1043 FloridaStatute FelonyDegree Description 1044 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 1045 316.066(3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 1046 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 1047 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 1048 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 1049 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 1050 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 1051 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 1052 327.35(2)(b) 3rd Felony BUI. 1053 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 1054 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 1055 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 1056 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. 1057 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. 1058 379.2431(1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 1059 400.9935(4)(a)or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 1060 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 1061 440.1051(3) 3rd False report of workers compensation fraud or retaliation for making such a report. 1062 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 1063 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 1064 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 1065 626.902(1)(a) &(b) 3rd Representing an unauthorized insurer. 1066 697.08 3rd Equity skimming. 1067 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 1068 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. 1069 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 1070 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 1071 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 1072 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older. 1073 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 1074 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 1075 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 1076 812.081(2) 3rd Theft of a trade secret. 1077 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 1078 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 1079 817.233 3rd Burning to defraud insurer. 1080 817.234(8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 1081 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 1082 817.236 3rd Filing a false motor vehicle insurance application. 1083 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 1084 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 1085 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 1086 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 1087 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 1088 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent. 1089 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 1090 838.12(3) 3rd Betting on a predetermined or prearranged professional or amateur game, contest, match, race, or sport. 1091 849.01 3rd Keeping a gambling house. 1092 849.02(2) 3rd Agents or employees of keeper of gambling house. 1093 849.03(1) 3rd Renting house for gambling purposes. 1094 849.08(4) 3rd Operating, conducting, promoting, aiding, abetting, assisting Internet gambling and Internet sports wagering. 1095 849.086(12)(e) 3rd Tampering with cards or card games. 1096 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. 1097 849.09(1)(e), (f), (g), (i), or (k) 3rd Conducting an unlawful lottery; second or subsequent offense. 1098 849.09(1)(h) or (j) 3rd Conducting an unlawful lottery; second or subsequent offense. 1099 849.11(2) 3rd Offenses relating to games of chance. 1100 849.14 3rd Betting on result of trial or contest of skill, etc. 1101 849.15(3)(b) 3rd Manufacture, sale, or possession of slot machine; by person of authority or with prior conviction. 1102 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices. 1103 849.25(2) 3rd Engaging in bookmaking. 1104 849.47(3)(a) & (b) 3rd Transporting persons to facilitate illegal gambling; minor, person 65 years of age or older, or 12 or more persons. 1105 849.48(2)(c) 3rd Illegal gambling advertising. 1106 847.01385 3rd Harmful communication to a minor. 1107 860.15(3) 3rd Overcharging for repairs and parts. 1108 870.01(2) 3rd Riot. 1109 870.01(4) 3rd Inciting a riot. 1110 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). 1111 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. 1112 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. 1113 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 1114 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 1115 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 1116 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 1117 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 1118 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 1119 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 practitioners practice. 1120 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioners practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 1121 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 1122 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. 1123 918.13(1) 3rd Tampering with or fabricating physical evidence. 1124 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 1125 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 1126 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 1127 (e)LEVEL 5 1128 1129 1130 FloridaStatute FelonyDegree Description 1131 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 1132 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 1133 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 1134 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 1135 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 1136 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked. 1137 379.367(4) 3rd Willful molestation of a commercial harvesters spiny lobster trap, line, or buoy. 1138 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 1139 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 1140 440.10(1)(g) 2nd Failure to obtain workers compensation coverage. 1141 440.105(5) 2nd Unlawful solicitation for the purpose of making workers compensation claims. 1142 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers compensation premiums. 1143 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 1144 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 1145 790.01(3) 3rd Unlawful carrying of a concealed firearm. 1146 790.162 2nd Threat to throw or discharge destructive device. 1147 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 1148 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 1149 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 1150 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 1151 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 1152 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 1153 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 1154 810.145(4)(c) 3rd Commercial digital voyeurism dissemination. 1155 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense. 1156 810.145(8)(a) 2nd Digital voyeurism; certain minor victims. 1157 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination. 1158 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 1159 812.015(8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts. 1160 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period. 1161 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons. 1162 812.019(1) 2nd Stolen property; dealing in or trafficking in. 1163 812.081(3) 2nd Trafficking in trade secrets. 1164 812.131(2)(b) 3rd Robbery by sudden snatching. 1165 812.16(2) 3rd Owning, operating, or conducting a chop shop. 1166 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 1167 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 1168 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. 1169 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. 1170 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 1171 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 1172 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 1173 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 1174 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent. 1175 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. 1176 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence. 1177 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 1178 847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment. 1179 847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 1180 849.02(3) 2nd Agents or employees of keeper of gambling house, 3rd or subsequent offense. 1181 849.03(2) 2nd Renting house for gambling purposes. 1182 849.15(3)(c) 2nd Manufacture, sale, or possession of a slot machine; by a person of authority of five or more machines or two or more prior convictions. 1183 849.157(2) 2nd False or misleading statement to facilitate sale of slot machines or devices; five or more machines. 1184 849.25(3) 2nd Bookmaking; second or subsequent offense. 1185 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 1186 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 1187 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). 1188 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. 1189 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. 1190 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. 1191 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. 1192 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 1193 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 1194 (g)LEVEL 7 1195 1196 1197 FloridaStatute FelonyDegree Description 1198 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 1199 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 1200 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. 1201 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 1202 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 1203 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 1204 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 1205 456.065(2) 3rd Practicing a health care profession without a license. 1206 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 1207 458.327(1) 3rd Practicing medicine without a license. 1208 459.013(1) 3rd Practicing osteopathic medicine without a license. 1209 460.411(1) 3rd Practicing chiropractic medicine without a license. 1210 461.012(1) 3rd Practicing podiatric medicine without a license. 1211 462.17 3rd Practicing naturopathy without a license. 1212 463.015(1) 3rd Practicing optometry without a license. 1213 464.016(1) 3rd Practicing nursing without a license. 1214 465.015(2) 3rd Practicing pharmacy without a license. 1215 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 1216 467.201 3rd Practicing midwifery without a license. 1217 468.366 3rd Delivering respiratory care services without a license. 1218 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 1219 483.901(7) 3rd Practicing medical physics without a license. 1220 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 1221 484.053 3rd Dispensing hearing aids without a license. 1222 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. 1223 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. 1224 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 1225 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 1226 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 1227 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 1228 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 1229 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 1230 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 1231 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 1232 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 1233 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 1234 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 1235 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 1236 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 1237 784.048(7) 3rd Aggravated stalking; violation of court order. 1238 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 1239 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 1240 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 1241 784.081(1) 1st Aggravated battery on specified official or employee. 1242 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 1243 784.083(1) 1st Aggravated battery on code inspector. 1244 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 1245 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. 1246 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 1247 790.16(1) 1st Discharge of a machine gun under specified circumstances. 1248 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 1249 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 1250 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 1251 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 1252 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 1253 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. 1254 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 1255 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 1256 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 1257 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. 1258 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense. 1259 806.01(2) 2nd Maliciously damage structure by fire or explosive. 1260 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 1261 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 1262 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 1263 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 1264 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. 1265 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 1266 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 1267 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 1268 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5. 1269 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 1270 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 1271 812.131(2)(a) 2nd Robbery by sudden snatching. 1272 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 1273 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 1274 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 1275 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 1276 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 1277 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. 1278 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 1279 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 1280 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 1281 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 1282 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 1283 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. 1284 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 1285 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 1286 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 1287 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography. 1288 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 1289 838.015 2nd Bribery. 1290 838.016 2nd Unlawful compensation or reward for official behavior. 1291 838.021(3)(a) 2nd Unlawful harm to a public servant. 1292 838.22 2nd Bid tampering. 1293 843.0855(2) 3rd Impersonation of a public officer or employee. 1294 843.0855(3) 3rd Unlawful simulation of legal process. 1295 843.0855(4) 3rd Intimidation of a public officer or employee. 1296 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 1297 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 1298 849.155 1st Trafficking in slot machines or devices or any parts thereof. 1299 872.06 2nd Abuse of a dead human body. 1300 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 1301 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 1302 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. 1303 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. 1304 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 1305 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 1306 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 1307 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 1308 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 1309 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams. 1310 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 1311 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 1312 893.135(1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 1313 893.135(1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 1314 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 1315 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 1316 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 1317 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 1318 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 1319 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 1320 893.135(1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 1321 893.135(1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 1322 893.135(1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams. 1323 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 1324 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 1325 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 1326 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 1327 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 1328 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 1329 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1330 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 1331 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 1332 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 1333 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1334 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 1335 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 1336 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1337 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 1338 Section 26.Paragraph (a) of subsection (1) and paragraph 1339 (a) of subsection (2) of section 772.102, Florida Statutes, are 1340 amended to read: 1341 772.102Definitions.As used in this chapter, the term: 1342 (1)Criminal activity means to commit, to attempt to 1343 commit, to conspire to commit, or to solicit, coerce, or 1344 intimidate another person to commit: 1345 (a)Any crime that is chargeable by indictment or 1346 information under the following provisions: 1347 1.Section 210.18, relating to evasion of payment of 1348 cigarette taxes. 1349 2.Section 414.39, relating to public assistance fraud. 1350 3.Section 440.105 or s. 440.106, relating to workers 1351 compensation. 1352 4.Part IV of chapter 501, relating to telemarketing. 1353 5.Chapter 517, relating to securities transactions. 1354 6.Section 550.235 or s. 550.3551, relating to dogracing 1355 and horseracing. 1356 7.Chapter 550, relating to jai alai frontons. 1357 8.Chapter 552, relating to the manufacture, distribution, 1358 and use of explosives. 1359 9.Chapter 562, relating to beverage law enforcement. 1360 10.Section 624.401, relating to transacting insurance 1361 without a certificate of authority, s. 624.437(4)(c)1., relating 1362 to operating an unauthorized multiple-employer welfare 1363 arrangement, or s. 626.902(1)(b), relating to representing or 1364 aiding an unauthorized insurer. 1365 11.Chapter 687, relating to interest and usurious 1366 practices. 1367 12.Section 721.08, s. 721.09, or s. 721.13, relating to 1368 real estate timeshare plans. 1369 13.Chapter 782, relating to homicide. 1370 14.Chapter 784, relating to assault and battery. 1371 15.Chapter 787, relating to kidnapping or human 1372 trafficking. 1373 16.Chapter 790, relating to weapons and firearms. 1374 17.Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07, 1375 relating to prostitution. 1376 18.Chapter 806, relating to arson. 1377 19.Section 810.02(2)(c), relating to specified burglary of 1378 a dwelling or structure. 1379 20.Chapter 812, relating to theft, robbery, and related 1380 crimes. 1381 21.Chapter 815, relating to computer-related crimes. 1382 22.Chapter 817, relating to fraudulent practices, false 1383 pretenses, fraud generally, and credit card crimes. 1384 23.Section 827.071, relating to commercial sexual 1385 exploitation of children. 1386 24.Chapter 831, relating to forgery and counterfeiting. 1387 25.Chapter 832, relating to issuance of worthless checks 1388 and drafts. 1389 26.Section 836.05, relating to extortion. 1390 27.Chapter 837, relating to perjury. 1391 28.Chapter 838, relating to bribery and misuse of public 1392 office. 1393 29.Chapter 843, relating to obstruction of justice. 1394 30.Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 1395 s. 847.07, relating to obscene literature and profanity. 1396 31.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 1397 849.25, relating to gambling. 1398 32.Chapter 893, relating to drug abuse prevention and 1399 control. 1400 33.Section 914.22 or s. 914.23, relating to witnesses, 1401 victims, or informants. 1402 34.Section 918.12 or s. 918.13, relating to tampering with 1403 jurors and evidence. 1404 (2)Unlawful debt means any money or other thing of value 1405 constituting principal or interest of a debt that is legally 1406 unenforceable in this state in whole or in part because the debt 1407 was incurred or contracted: 1408 (a)In violation of any one of the following provisions of 1409 law: 1410 1.Section 550.235 or s. 550.3551, relating to dogracing 1411 and horseracing. 1412 2.Chapter 550, relating to jai alai frontons. 1413 3.Section 687.071, relating to criminal usury and loan 1414 sharking. 1415 4.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 1416 849.25, relating to gambling. 1417 Section 27.Paragraph (a) of subsection (12) of section 1418 895.02, Florida Statutes, is amended to read: 1419 895.02Definitions.As used in ss. 895.01-895.08, the term: 1420 (12)Unlawful debt means any money or other thing of 1421 value constituting principal or interest of a debt that is 1422 legally unenforceable in this state in whole or in part because 1423 the debt was incurred or contracted: 1424 (a)In violation of any one of the following provisions of 1425 law: 1426 1.Section 550.235 or s. 550.3551, relating to dogracing 1427 and horseracing. 1428 2.Chapter 550, relating to jai alai frontons. 1429 3.Section 551.109, relating to slot machine gaming. 1430 4.Chapter 687, relating to interest and usury. 1431 5.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 1432 849.25, relating to gambling. 1433 Section 28.This act shall take effect October 1, 2025.