Florida Senate Bill S1404 Latest Draft

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Florida Senate - 2025 CS for CS for SB 1404  By the Appropriations Committee on Agriculture, Environment, and General Government; the Committee on Regulated Industries; and Senator Simon 601-03617-25 20251404c2 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 making 5 appointments to the Florida Gaming Control Commission; 6 amending s. 16.712, F.S.; revising the information 7 that must be included in the commissions annual 8 report to the Governor and the Legislature; amending 9 s. 16.713, F.S.; prohibiting certain employment for a 10 specified timeframe before or during a persons 11 service with the commission; amending s. 16.715, F.S.; 12 revising standards of conduct for the commission; 13 prohibiting certain post-employment activities for 14 former commissioners and employees for a specified 15 period; amending s. 546.10, F.S.; authorizing certain 16 organizations, before purchasing, installing, or 17 operating a game or machine on its premises and if in 18 doubt about whether such machine meets the definition 19 of an amusement machine, to petition the commission 20 for a specified declaratory statement on whether the 21 operation of such game or machine is authorized or 22 prohibited; prohibiting such organizations from 23 purchasing or installing a game or machine until such 24 declaratory statement is issued; prohibiting such 25 organizations from petitioning the commission if the 26 game or machine in question is the subject of a 27 criminal investigation; requiring the commission to 28 issue a declaratory statement within a specified 29 timeframe; prohibiting the commission from denying a 30 petition if it was validly requested; specifying the 31 information that must be included in a petition for a 32 declaratory statement; providing that the declaratory 33 statement is valid only for the game or machine for 34 which it is requested and is invalid if the 35 specifications for the game or machine have been 36 changed; providing that the declaratory statement is 37 binding on the commission and may be introduced as 38 evidence in subsequent proceedings; providing 39 construction; amending ss. 550.09512 and 550.09515, 40 F.S.; deleting a requirement that the commission 41 reissue certain escheated permits to qualified 42 applicants; deleting applicability; deleting a 43 provision that such new applicants are authorized to 44 operate certain facilities within the specified area 45 of the escheated permit; amending s. 551.103, F.S.; 46 revising the powers and duties of the commission; 47 amending s. 551.104, F.S.; revising the hiring and 48 procurement policy and reporting requirements for slot 49 machine gaming licensure; deleting a provision 50 requiring slot machine licensees to provide an annual 51 report containing certain information to the 52 commission; amending s. 551.114, F.S.; authorizing a 53 slot machine licensee to apply to the commission to 54 change the location of the designated slot machine 55 gaming area if certain conditions are met; requiring a 56 pari-mutuel permit holder to submit to the commission 57 certain information about the new designated slot 58 machine gaming area; providing that the commission is 59 responsible for approving or denying an application to 60 change the location of the designated slot machine 61 gaming area; requiring applicants to use forms adopted 62 by the commission; requiring the commission to examine 63 and approve or deny applications within specified 64 timeframes; authorizing the commission to adopt rules; 65 amending s. 838.12, F.S.; prohibiting betting on 66 athletic contests with knowledge that the results are 67 prearranged or predetermined; providing criminal 68 penalties; amending s. 843.08, F.S.; prohibiting false 69 personation of personnel or representatives of the 70 commission; providing criminal penalties; amending s. 71 849.01, F.S.; revising criminal penalties for offenses 72 involving keeping a gambling house; amending s. 73 849.02, F.S.; increasing criminal penalties for 74 specified offenses by agents or employees of the 75 keeper of a gambling house; amending s. 849.03, F.S.; 76 revising criminal penalties for offenses involving 77 renting a house for gambling purposes; amending s. 78 849.08, F.S.; defining the terms Internet gambling 79 and Internet sports wagering; prohibiting Internet 80 gambling and Internet sports wagering and related 81 offenses; providing criminal penalties; providing an 82 exception; amending s. 849.086, F.S.; providing that a 83 cardroom operator may limit the playing of any game to 84 persons 21 years of age or older; making technical 85 changes; prohibiting specified actions relating to 86 manipulation of card games; providing criminal 87 penalties; creating s. 849.0932, F.S.; defining terms; 88 prohibiting entry fees collected by noncommercial 89 contest operators from exceeding a specified amount; 90 requiring that all entry fees be returned to contest 91 participants in the form of prizes; requiring the 92 commission to investigate and refer violations to the 93 Attorney General or the state attorney in the circuit 94 in which the violation occurs; authorizing the 95 Attorney General or the state attorney to institute 96 proceedings to enjoin persons found to be in violation 97 of specified provisions of law; providing fines of 98 specified amounts and civil and criminal penalties for 99 specified violations; amending s. 849.11, F.S.; 100 prohibiting certain offenses related to games of 101 chance involving the Internet; providing criminal 102 penalties; amending s. 849.13, F.S.; providing 103 enhanced criminal penalties for second or subsequent 104 violations of certain provisions; amending s. 849.14, 105 F.S.; revising the criminal penalties for betting or 106 wagering on certain activities; amending s. 849.15, 107 F.S.; defining terms; providing criminal penalties for 108 specified offenses relating to the manufacture, 109 possession, and sale of slot machines or devices; 110 providing that shipments of legal gaming devices into 111 Indian lands are deemed legal shipments under certain 112 circumstances; creating s. 849.155, F.S.; prohibiting 113 trafficking in slot machines, devices, or parts 114 thereof; providing criminal penalties; providing 115 exceptions; providing for the deposit of fines into a 116 specified trust fund for specified purposes; creating 117 s. 849.157, F.S.; prohibiting the making of a false or 118 misleading statement regarding the legality of slot 119 machines or devices for specified purposes; providing 120 criminal penalties; repealing s. 849.23, F.S., 121 relating to penalties for violations of specified 122 sections; creating s. 849.47, F.S.; defining the term 123 illegal gambling; prohibiting the transportation of 124 specified numbers of persons, persons of certain ages, 125 for the purpose of facilitating illegal gambling; 126 providing criminal penalties; creating s. 849.48, 127 F.S.; defining the term illegal gambling; 128 prohibiting specified gambling or gaming 129 advertisements; providing criminal penalties; 130 providing construction; creating s. 849.49, F.S.; 131 preempting to the state the regulation of gaming, 132 gambling, lotteries, or any activities described in 133 specified provisions; amending s. 903.046, F.S.; 134 providing for consideration of the amount of currency 135 seized connected to or involved in specified gambling 136 or gaming offenses when determining whether to release 137 a defendant prior to trial; amending s. 921.0022, 138 F.S.; ranking offenses for purposes of the offense 139 severity ranking chart of the Criminal Punishment 140 Code; amending ss. 772.102 and 895.02, F.S.; 141 conforming provisions to changes made by the act; 142 reenacting s. 550.3345(3), F.S., relating to the 143 conversion of quarter horse permit to a limited 144 thoroughbred permit, to incorporate the amendment made 145 to s. 550.09515, F.S., in a reference thereto; 146 providing an effective date. 147 148 Be It Enacted by the Legislature of the State of Florida: 149 150 Section 1.Paragraph (a) of subsection (2) of section 151 16.71, Florida Statutes, is amended to read: 152 16.71Florida Gaming Control Commission; creation; 153 meetings; membership. 154 (2)MEMBERSHIP. 155 (a)The commission shall be composed consist of five 156 members appointed by the Governor, and subject to confirmation 157 by the Senate, for terms of 4 years. Members of the commission 158 must be appointed by January 1, 2022. The Governor shall 159 consider appointees who reflect Floridas racial, ethnic, and 160 gender diversity. Of the initial five members appointed by the 161 Governor, and immediately upon appointment, the Governor shall 162 appoint one of the members as the initial chair and one of the 163 members as the initial vice chair. At the end of the initial 164 chairs and vice chairs terms pursuant to subparagraph 1., the 165 commission shall elect one of the members of the commission as 166 chair and one of the members of the commission as vice chair. 167 1.For the purpose of providing staggered terms, of the 168 initial appointments, two members shall be appointed to 4-year 169 terms, two members shall be appointed to 3-year terms, and one 170 member shall be appointed to a 2-year term. 171 2.Of the five members, at least one member must have at 172 least 10 years of experience in law enforcement and criminal 173 investigations, at least one member must be a certified public 174 accountant licensed in this state with at least 10 years of 175 experience in accounting and auditing, and at least one member 176 must be an attorney admitted and authorized to practice law in 177 this state for at least the preceding 10 years. 178 Section 2.Present paragraph (i) of subsection (3) of 179 section 16.712, Florida Statutes, is redesignated as paragraph 180 (k), new paragraphs (i) and (j) are added to that subsection, 181 and paragraph (h) of that subsection is amended, to read: 182 16.712Florida Gaming Control Commission authorizations, 183 duties, and responsibilities. 184 (3)By December 1 of each year, the commission shall make 185 an annual report to the Governor, the President of the Senate, 186 and the Speaker of the House of Representatives. The report 187 must, at a minimum, include all of the following: 188 (h)A summary of actions taken and investigations conducted 189 by the commission, including the number of investigations that 190 led to criminal charges or any information being filed and the 191 resolution of such criminal case. 192 (i)The number of complaints received by the commission 193 categorized by subject matter or type of complaint and a summary 194 of the action taken on each complaint by the commission. 195 (j)A list of property seized by the commission during the 196 course of investigations, and the disposition of such property, 197 including a list of forfeiture actions. 198 Section 3.Paragraphs (a) and (b) of subsection (2) of 199 section 16.713, Florida Statutes, are amended to read: 200 16.713Florida Gaming Control Commission; appointment and 201 employment restrictions. 202 (2)PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS 203 INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE 204 COMMISSION. 205 (a)A person may not, for the 2 years immediately preceding 206 the date of appointment to or employment with the commission and 207 while appointed to or employed with the commission: 208 1.Hold a permit or license issued under chapter 550 or a 209 license issued under chapter 551 or chapter 849; be an officer, 210 official, or employee of such permitholder or licensee; or be an 211 ultimate equitable owner, as defined in s. 550.002(37), of such 212 permitholder or licensee; 213 2.Be an officer, official, employee, or other person with 214 duties or responsibilities relating to a gaming operation owned 215 by an Indian tribe that has a valid and active compact with the 216 state; be a contractor or subcontractor of such tribe or an 217 entity employed, licensed, or contracted by such tribe; or be an 218 ultimate equitable owner, as defined in s. 550.002(37), of such 219 entity; 220 3.Be a registered lobbyist for the executive or 221 legislative branch, except while a commissioner or employee of 222 the commission when officially representing the commission or 223 unless the person registered as a lobbyist for the executive or 224 legislative branch while employed by a state agency as defined 225 in s. 110.107 during the normal course of his or her employment 226 with such agency and he or she has not lobbied on behalf of any 227 entity other than a state agency during the 2 years immediately 228 preceding the date of his or her appointment to or employment 229 with the commission; or 230 4.Be a bingo game operator or an employee of a bingo game 231 operator; or 232 5.Be an employee, an associate, an owner, or a contractor 233 for any person or entity that conducts or facilitates an 234 activity regulated, enforced, or investigated by the commission, 235 including fantasy sports contests and other betting activities. 236 (b)A person is ineligible for appointment to or employment 237 with the commission if, within the 2 years immediately preceding 238 such appointment or employment, he or she violated paragraph (a) 239 or solicited or accepted employment with, acquired any direct or 240 indirect interest in, or had any direct or indirect business 241 association, partnership, or financial relationship with, or is 242 a relative of: 243 1.Any person or entity who is an applicant, licensee, or 244 registrant with the commission; or 245 2.Any officer, official, employee, or other person with 246 duties or responsibilities relating to a gaming operation owned 247 by an Indian tribe that has a valid and active compact with the 248 state; any contractor or subcontractor of such tribe or an 249 entity employed, licensed, or contracted by such tribe; or any 250 ultimate equitable owner, as defined in s. 550.002(37), of such 251 entity; or 252 3.Any person or entity that conducts or facilitates an 253 activity regulated, enforced, or investigated by the commission, 254 including fantasy sports contests and other betting activities. 255 256 For the purposes of this subsection, the term relative means a 257 spouse, father, mother, son, daughter, grandfather, grandmother, 258 brother, sister, uncle, aunt, cousin, nephew, niece, father-in 259 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, 260 sister-in-law, stepfather, stepmother, stepson, stepdaughter, 261 stepbrother, stepsister, half brother, or half sister. 262 Section 4.Paragraph (b) of subsection (1) and paragraphs 263 (b) and (c) of subsection (2) of section 16.715, Florida 264 Statutes, are amended to read: 265 16.715Florida Gaming Control Commission standards of 266 conduct; ex parte communications. 267 (1)STANDARDS OF CONDUCT. 268 (b)1.A commissioner or employee of the commission may not 269 accept anything from any business entity that, either directly 270 or indirectly, owns or controls any person regulated by the 271 commission or from any business entity that, either directly or 272 indirectly, is an affiliate or subsidiary of any person 273 regulated by the commission. 274 2.A commissioner or an employee may attend conferences, 275 along with associated meals and events that are generally 276 available to all conference participants, without payment of any 277 fees in addition to the conference fee. Additionally, while 278 attending a conference, a commissioner or an employee may attend 279 meetings, meals, or events that are not sponsored, in whole or 280 in part, by any representative of any person regulated by the 281 commission and that are limited to commissioners or employees 282 only, committee members, or speakers if the commissioner or 283 employee is a member of a committee of the association of 284 regulatory agencies which organized the conference or is a 285 speaker at the conference. It is not a violation of this 286 subparagraph for a commissioner or an employee to attend a 287 conference for which conference participants who are employed by 288 a person regulated by the commission have paid a higher 289 conference registration fee than the commissioner or employee, 290 or to attend a meal or event that is generally available to all 291 conference participants without payment of any fees in addition 292 to the conference fee and that is sponsored, in whole or in 293 part, by a person regulated by the commission. 294 3.While employed, and for 2 years after service as a 295 commissioner or for 2 years after employment with the 296 commission, a commissioner or an employee may not accept any 297 form of employment with or engage in any business activity with 298 any business entity that, either directly or indirectly, owns or 299 controls any person regulated by the commission; any person 300 regulated by the commission; or any business entity that, either 301 directly or indirectly, is an affiliate or subsidiary of any 302 person regulated by the commission; or be an employee, an 303 associate, an owner, or a contractor for any person or entity 304 that conducts or facilitates an activity regulated, enforced, or 305 investigated by the commission, including fantasy sports 306 contests and other betting activities. 307 4.While employed, and for 2 years after service as a 308 commissioner or for 2 years after employment with the 309 commission, a commissioner, an employee, or a relative living in 310 the same household as a commissioner or an employee may not have 311 any financial interest, other than shares in a mutual fund, in 312 any person regulated by the commission; in any business entity 313 that, either directly or indirectly, owns or controls any person 314 regulated by the commission; or in any business entity that, 315 either directly or indirectly, is an affiliate or a subsidiary 316 of any person regulated by the commission; or be an employee, an 317 associate, an owner, or a contractor for any person or entity 318 that conducts or facilitates an activity regulated, enforced, or 319 investigated by the commission, including fantasy sports 320 contests and other betting activities. If a commissioner, an 321 employee, or a relative living in the same household as a 322 commissioner or an employee acquires any financial interest 323 prohibited by this subsection during the commissioners term of 324 office or the employees employment with the commission as a 325 result of events or actions beyond the commissioners, the 326 employees, or the relatives control, he or she shall 327 immediately sell such financial interest. For the purposes of 328 this subsection, the term relative has the same meaning as in 329 s. 16.713(2)(b). 330 5.A commissioner or an employee may not accept anything 331 from a party in a proceeding currently pending before the 332 commission. 333 6.A commissioner may not serve as the representative of 334 any political party or on any executive committee or other 335 governing body of a political party; serve as an executive 336 officer or employee of any political party, committee, 337 organization, or association; receive remuneration for 338 activities on behalf of any candidate for public office; engage 339 on behalf of any candidate for public office in the solicitation 340 of votes or other activities on behalf of such candidacy; or 341 become a candidate for election to any public office without 342 first resigning from office. 343 7.A commissioner, during his or her term of office, may 344 not make any public comment regarding the merits of any 345 proceeding under ss. 120.569 and 120.57 currently pending before 346 the commission. 347 8.A commissioner or an employee may not act in an 348 unprofessional manner at any time during the performance of 349 official duties. 350 9.A commissioner or an employee must avoid impropriety in 351 all activities and must act at all times in a manner that 352 promotes public confidence in the integrity and impartiality of 353 the commission. 354 10.A commissioner or an employee may not directly or 355 indirectly, through staff or other means, solicit anything of 356 value from any person regulated by the commission, or from any 357 business entity that, whether directly or indirectly, is an 358 affiliate or a subsidiary of any person regulated by the 359 commission, or from any party appearing in a proceeding 360 considered by the commission in the last 2 years. 361 11.A commissioner may not lobby the Governor or any agency 362 of the state, members or employees of the Legislature, or any 363 county or municipal government or governmental agency except to 364 represent the commission in an official capacity. 365 (2)FORMER COMMISSIONERS AND EMPLOYEES. 366 (b)A commissioner, the executive director, or an employee 367 of the commission may not, for the 2 years immediately following 368 the date of resignation or termination from the commission: 369 1.Hold a permit or license issued under chapter 550, or a 370 license issued under chapter 551 or chapter 849; be an officer, 371 official, or employee of such permitholder or licensee; or be an 372 ultimate equitable owner, as defined in s. 550.002(37), of such 373 permitholder or licensee; or be an employee, an associate, an 374 owner, or a contractor for any person or entity that conducts or 375 facilitates an activity regulated, enforced, or investigated by 376 the commission, including fantasy sports contests and other 377 betting activities; 378 2.Accept employment by or compensation from a business 379 entity that, directly or indirectly, owns or controls a person 380 regulated by the commission; from a person regulated by the 381 commission; from a business entity which, directly or 382 indirectly, is an affiliate or subsidiary of a person regulated 383 by the commission; or from a business entity or trade 384 association that has been a party to a commission proceeding 385 within the 2 years preceding the members resignation or 386 termination of service on the commission; or from any person or 387 entity that conducts or facilitates an activity regulated, 388 enforced, or investigated by the commission, including fantasy 389 sports contests and other betting activities; or 390 3.Be a bingo game operator or an employee of a bingo game 391 operator. 392 (c)A person employed by the commission may not, for the 2 393 years immediately following the date of termination or 394 resignation from employment with the commission: 395 1.Hold a permit or license issued under chapter 550, or a 396 license issued under chapter 551 or chapter 849; be an officer, 397 official, or employee of such permitholder or licensee; or be an 398 ultimate equitable owner, as defined in s. 550.002(37), of such 399 permitholder or licensee; or be an employee, an associate, an 400 owner, or a contractor for any person or entity that conducts or 401 facilitates an activity regulated, enforced, or investigated by 402 the commission, including fantasy sports contests and other 403 betting activities; or 404 2.Be a bingo game operator or an employee of a bingo game 405 operator. 406 Section 5.Present subsections (8) and (9) of section 407 546.10, Florida Statutes, are redesignated as subsections (9) 408 and (10), respectively, and a new subsection (8) is added to 409 that section, to read: 410 546.10Amusement games or machines. 411 (8)(a)1.Before purchasing or installing a game or machine 412 on the premises of any veterans service organization granted a 413 federal charter under Title 36, U.S.C., or a division, a 414 department, a post, or a chapter of such organization, for which 415 an alcoholic beverage license has been issued, and the veterans 416 service organization is in doubt about whether a machine meets 417 the definition of an amusement machine under this section, the 418 organization may petition the Florida Gaming Control Commission 419 for a declaratory statement under s. 120.565 on whether the 420 operation of the game or machine would be authorized under this 421 section or would be a violation of this section or chapter 849. 422 A game or machine awaiting a declaratory statement from the 423 commission may not be purchased or installed until the 424 declaratory statement is issued. 425 2.If there is a game or machine currently on the premises 426 of any veterans service organization granted a federal charter 427 under Title 36, U.S.C., or a division, a department, a post, or 428 a chapter of such organization, for which an alcoholic beverage 429 license has been issued and the veterans service organization 430 is in doubt about whether a machine meets the definition of an 431 amusement machine under this section, the organization may 432 petition the commission for a declaratory statement pursuant to 433 s. 120.565 on whether the operation of the game or machine would 434 be authorized under this section or would be a violation of this 435 section or chapter 849. If the game, machine, premises, or 436 organization is the subject of an ongoing criminal 437 investigation, the organization may not petition the commission 438 for a declaratory statement under this subsection. 439 3.The commission shall issue a declaratory statement 440 pursuant to this subsection within 60 days after receiving a 441 petition requesting such statement. The commission may not deny 442 a petition that is validly requested pursuant to this subsection 443 and s. 120.565. 444 (b)A petition made under this subsection must provide 445 enough information for the commission to issue the declaratory 446 statement and must be accompanied by the exact specifications 447 for the type of game or machine that the organization will 448 purchase or install or currently has on the premises. The 449 declaratory statement is valid only for the game or machine for 450 which it is requested and is invalid if the specifications for 451 the game or the machine have been changed. 452 (c)The declaratory statement is binding on the commission 453 and may be introduced in any subsequent proceedings as evidence 454 of a good faith effort to comply with this section or chapter 455 849. 456 (d)This subsection does not prevent the commission or any 457 other criminal justice agency as defined in s. 943.045 from 458 detecting, apprehending, and arresting a person for any alleged 459 violation of this chapter, chapter 24, part II of chapter 285, 460 chapter 550, chapter 551, or chapter 849, or any rule adopted 461 pursuant thereto, or of any law of this state. 462 (e)This subsection does not require an owner or an 463 operator of an amusement game or machine under this section to 464 request or obtain a declaratory statement in order to operate 465 pursuant to this section. 466 Section 6.Subsection (3) of section 550.09512, Florida 467 Statutes, is amended to read: 468 550.09512Harness horse taxes; abandoned interest in a 469 permit for nonpayment of taxes. 470 (3)(a)The permit of a harness horse permitholder who is 471 conducting live harness horse performances and who does not pay 472 tax on handle for any such performances conducted during any 2 473 consecutive state fiscal years shall be void and may not be 474 reissued unless such failure to operate and pay tax on handle 475 was the direct result of fire, strike, war, hurricane, pandemic, 476 or other disaster or event beyond the ability of the 477 permitholder to control. Financial hardship to the permitholder 478 does shall not, in and of itself, constitute just cause for 479 failure to operate and pay tax on handle. 480 (b)In order to maximize the tax revenues to the state, the 481 commission shall reissue an escheated harness horse permit to a 482 qualified applicant pursuant to the provisions of this chapter 483 as for the issuance of an initial permit. However, the 484 provisions of this chapter relating to referendum requirements 485 for a pari-mutuel permit shall not apply to the reissuance of an 486 escheated harness horse permit. As specified in the application 487 and upon approval by the commission of an application for the 488 permit, the new permitholder shall be authorized to operate a 489 harness horse facility anywhere in the same county in which the 490 escheated permit was authorized to be operated, notwithstanding 491 the provisions of s. 550.054(2) relating to mileage limitations. 492 Section 7.Subsection (3) of section 550.09515, Florida 493 Statutes, is amended to read: 494 550.09515Thoroughbred horse taxes; abandoned interest in a 495 permit for nonpayment of taxes. 496 (3)(a)The permit of a thoroughbred horse permitholder who 497 does not pay tax on handle for live thoroughbred horse 498 performances for a full schedule of live races during any 2 499 consecutive state fiscal years shall be void and shall escheat 500 to and become the property of the state unless such failure to 501 operate and pay tax on handle was the direct result of fire, 502 strike, war, or other disaster or event beyond the ability of 503 the permitholder to control. Financial hardship to the 504 permitholder does shall not, in and of itself, constitute just 505 cause for failure to operate and pay tax on handle. 506 (b)In order to maximize the tax revenues to the state, the 507 commission shall reissue an escheated thoroughbred horse permit 508 to a qualified applicant pursuant to the provisions of this 509 chapter as for the issuance of an initial permit. However, the 510 provisions of this chapter relating to referendum requirements 511 for a pari-mutuel permit shall not apply to the reissuance of an 512 escheated thoroughbred horse permit. As specified in the 513 application and upon approval by the commission of an 514 application for the permit, the new permitholder shall be 515 authorized to operate a thoroughbred horse facility anywhere in 516 the same county in which the escheated permit was authorized to 517 be operated, notwithstanding the provisions of s. 550.054(2) 518 relating to mileage limitations. 519 Section 8.Paragraph (k) is added to subsection (1) of 520 section 551.103, Florida Statutes, to read: 521 551.103Powers and duties of the commission and law 522 enforcement. 523 (1)The commission shall adopt, pursuant to the provisions 524 of ss. 120.536(1) and 120.54, all rules necessary to implement, 525 administer, and regulate slot machine gaming as authorized in 526 this chapter. Such rules must include: 527 (k)Procedures and forms for slot machine licensees to 528 demonstrate the suitability of the location for their designated 529 slot machine gaming area as described in s. 551.114. 530 Section 9.Paragraph (i) of subsection (4) of section 531 551.104, Florida Statutes, is amended to read: 532 551.104License to conduct slot machine gaming. 533 (4)As a condition of licensure and to maintain continued 534 authority for the conduct of slot machine gaming, the slot 535 machine licensee shall: 536 (i)Create and file with the commission a written policy 537 for: 538 1.Creating opportunities to purchase from vendors in this 539 state, including minority vendors. 540 2.Creating opportunities for employment of residents of 541 this state, including minority residents. 542 3.Ensuring opportunities for construction services from a 543 small business as defined in s. 288.703 minority contractors. 544 4.Ensuring that opportunities for employment are offered 545 on an equal, nondiscriminatory basis. 546 5.Training for employees on responsible gaming and working 547 with a compulsive or addictive gambling prevention program to 548 further its purposes as provided for in s. 551.118. 549 6.The implementation of a drug-testing program that 550 includes, but is not limited to, requiring each employee to sign 551 an agreement that he or she understands that the slot machine 552 facility is a drug-free workplace. 553 554 The slot machine licensee shall use the Internet-based job 555 listing system of the Department of Commerce in advertising 556 employment opportunities. Each slot machine licensee shall 557 provide an annual report to the Florida Gaming Control 558 Commission containing information indicating compliance with 559 this paragraph in regard to minority persons. 560 Section 10.Subsection (4) of section 551.114, Florida 561 Statutes, is amended to read: 562 551.114Slot machine gaming areas. 563 (4)Designated slot machine gaming areas must be located at 564 the address specified in the licensed permitholders slot 565 machine license issued for fiscal year 2020-2021. 566 (a)A slot machine licensee may apply to the commission to 567 change the location of the designated slot machine gaming area 568 provided that: 569 1.The location of the designated slot machine gaming area 570 is in the same county as the address specified in the licensed 571 permitholders slot machine license issued for fiscal year 2020 572 2021. 573 2.The location of the designated slot machine gaming area 574 is within 1,320 feet on a straight line of any outermost 575 boundary of the licensed permitholders designated slot machine 576 gaming area as of January 1, 2025. 577 3.The designated slot machine gaming area is at a location 578 where the licensed permitholder is authorized to conduct pari 579 mutuel wagering activities pursuant to the licensed 580 permitholders valid pari-mutuel permit. 581 4.The location is owned by the licensed pari-mutuel 582 permitholder. 583 5.The location is approved under the zoning regulations of 584 the county or municipality where the permit is to be located as 585 a planned development use, consistent with the comprehensive 586 plan. 587 6.The location does not violate any of the provisions of 588 any tribal-state gaming compact with a federally recognized 589 Indian tribe located within this state pursuant to the Indian 590 Gaming Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168, and 25 591 U.S.C. ss. 2701 et seq. 592 (b)Before submitting an application to the commission to 593 change the location of the designated slot machine gaming area, 594 the licensed pari-mutuel permitholder must submit a survey 595 indicating the existing location of the designated slot machine 596 gaming area and the proposed location of the new designated slot 597 machine gaming area. 598 (c)The commission is responsible for approving or denying 599 the application to change the location of the designated slot 600 machine gaming area. A slot machine licensee shall apply to the 601 commission using forms adopted by the commission. The commission 602 shall examine the application and approve or deny the change of 603 location of the designated slot machine gaming area within the 604 timeframes required by s. 120.60. The commission may adopt rules 605 to implement this subsection. 606 Section 11.Section 838.12, Florida Statutes, is amended, 607 to read: 608 838.12Bribery in athletic contests. 609 (1)A person who Whoever gives, promises, offers or 610 conspires to give, promise or offer, to anyone who participates 611 or expects to participate in any professional or amateur game, 612 contest, match, race or sport; or to any umpire, referee, judge 613 or other official of such game, contest, match, race or sport; 614 or to any owner, manager, coach or trainer of, or to any 615 relative of, or to any person having any direct, indirect, 616 remote or possible connection with, any team, individual, 617 participant or prospective participant in any such professional 618 or amateur game, contest, match, race or sport, or the officials 619 aforesaid, any bribe, money, goods, present, reward or any 620 valuable thing whatsoever, or any promise, contract or agreement 621 whatsoever, with intent to influence him or her or them to lose 622 or cause to be lost any game, contest, match, race or sport, or 623 to limit his or her or their or any persons or any teams 624 margin of victory in any game, contest, match, race, or sport, 625 or to fix or throw any game, contest, match, race or sport, 626 commits shall be guilty of a felony of the third degree, 627 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 628 (2)A Any participant or prospective participant in any 629 professional or amateur game, contest, match, race or sport; or 630 any umpire, referee, judge or other official of such game, 631 contest, match, race or sport; or any owner, manager, coach or 632 trainer of, or any relative of, or any person having any direct, 633 indirect, remote or possible connection with, any team, 634 individual, participant or prospective participant in any such 635 professional or amateur game, contest, match, race or sport, or 636 the officials aforesaid; who in any way solicits, receives or 637 accepts, or agrees to receive or accept, or who conspires to 638 receive or accept, any bribe, money, goods, present, reward or 639 any valuable thing whatsoever, or any promise, contract or 640 agreement whatsoever, with intent to lose or cause to be lost 641 any game, contest, match, race or sport, or to limit his, her, 642 their or any persons or any teams margin of victory in any 643 game, contest, match, race or sport, or to fix or throw any 644 game, contest, match, race or sport, commits shall be guilty of 645 a felony of the third degree, punishable as provided in s. 646 775.082, s. 775.083, or s. 775.084. 647 (3)A person who stakes, bets, or wagers any money or other 648 thing of value upon the result of any professional or amateur 649 game, contest, match, race, or sport with knowledge that the 650 results of such professional or amateur game, contest, match, 651 race, or sport are prearranged or predetermined as described in 652 subsection (1) or subsection (2) commits a felony of the third 653 degree, punishable as provided in s. 775.082, s. 775.083, or s. 654 775.084. 655 Section 12.Section 843.08, Florida Statutes, is amended to 656 read: 657 843.08False personation.A person who falsely assumes or 658 pretends to be a firefighter, a sheriff, an officer of the 659 Florida Highway Patrol, an officer of the Fish and Wildlife 660 Conservation Commission, an officer of the Department of 661 Environmental Protection, an officer of the Department of 662 Financial Services, any personnel or representative of the 663 Division of Investigative and Forensic Services, any personnel 664 or representative of the Florida Gaming Control Commission, an 665 officer of the Department of Corrections, a correctional 666 probation officer, a deputy sheriff, a state attorney or an 667 assistant state attorney, a statewide prosecutor or an assistant 668 statewide prosecutor, a state attorney investigator, a coroner, 669 a police officer, a lottery special agent or lottery 670 investigator, a beverage enforcement agent, a school guardian as 671 described in s. 30.15(1)(k), a security officer licensed under 672 chapter 493, any member of the Florida Commission on Offender 673 Review or any administrative aide or supervisor employed by the 674 commission, any personnel or representative of the Department of 675 Law Enforcement, or a federal law enforcement officer as defined 676 in s. 901.1505, and takes upon himself or herself to act as 677 such, or to require any other person to aid or assist him or her 678 in a matter pertaining to the duty of any such officer, commits 679 a felony of the third degree, punishable as provided in s. 680 775.082, s. 775.083, or s. 775.084. However, a person who 681 falsely personates any such officer during the course of the 682 commission of a felony commits a felony of the second degree, 683 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 684 If the commission of the felony results in the death or personal 685 injury of another human being, the person commits a felony of 686 the first degree, punishable as provided in s. 775.082, s. 687 775.083, or s. 775.084. In determining whether a defendant has 688 violated this section, the court or jury may consider any 689 relevant evidence, including, but not limited to, whether the 690 defendant used lights in violation of s. 316.2397 or s. 843.081. 691 Section 13.Section 849.01, Florida Statutes, is amended to 692 read: 693 849.01Keeping gambling houses, etc.A person who Whoever 694 by herself or himself, her or his servant, clerk or agent, or in 695 any other manner has, keeps, exercises or maintains a gaming 696 table or room, or gaming implements or apparatus, or house, 697 booth, tent, shelter or other place for the purpose of gaming or 698 gambling or in any place of which she or he may directly or 699 indirectly have charge, control or management, either 700 exclusively or with others, procures, suffers or permits any 701 person to play for money or other valuable thing at any game 702 whatever, whether heretofore prohibited or not, commits a felony 703 misdemeanor of the third second degree, punishable as provided 704 in s. 775.082, or s. 775.083, or s. 775.084. 705 Section 14.Section 849.02, Florida Statutes, is amended to 706 read: 707 849.02Agents or employees of keeper of gambling house.A 708 person who Whoever acts as servant, clerk, agent, or employee of 709 any person in the violation of s. 849.01 commits: 710 (1)For a first offense, a misdemeanor of the first degree, 711 punishable as provided in s. 775.082 or s. 775.083. 712 (2)For a second offense, a felony of the third degree, 713 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 714 (3)For a third or subsequent offense, a felony of the 715 second degree, punishable as provided in s. 775.082, s. 775.083, 716 or s. 775.084 shall be punished in the manner and to the extent 717 therein mentioned. 718 Section 15.Section 849.03, Florida Statutes, is amended to 719 read: 720 849.03Renting house for gambling purposes.A person who 721 Whoever, whether as owner or agent, knowingly rents to another a 722 house, room, booth, tent, shelter or place for the purpose of 723 gaming commits: 724 (1)For a first offense, a felony of the third degree, 725 punishable as provided in s. 775.082, s. 775.083, or s. 775.084 726 shall be punished in the manner and to the extent mentioned in 727 s. 849.01. 728 (2)For a second or subsequent violation, a felony of the 729 second degree, punishable as provided in s. 775.082, s. 775.083, 730 or s. 775.084. 731 Section 16.Section 849.08, Florida Statutes, is amended to 732 read: 733 849.08Gambling. 734 (1)As used in this section, the term: 735 (a)Internet gambling means to play or engage in any game 736 in which money or other thing of value is awarded based on 737 chance, regardless of any application of skill, and which is 738 available on the Internet and accessible on a mobile device, 739 computer terminal, or other similar access device and simulates 740 casino-style gaming, including, but not limited to, slot 741 machines, video poker, and table games. 742 (b)Internet sports wagering means to stake, bet, or 743 wager any money or other thing of value upon the result of any 744 trial or contest of skill, speed, power, or endurance of human 745 or beast, other than pari-mutuel wagering conducted pursuant to 746 chapter 550, which is available on the Internet and accessible 747 on a mobile device, computer terminal, or other similar access 748 device. 749 (2)A person who Whoever plays or engages in Internet 750 gambling, any game at cards, keno, roulette, faro or other game 751 of chance, at any place, by any device whatever, for money or 752 other thing of value, commits shall be guilty of a misdemeanor 753 of the second degree, punishable as provided in s. 775.082 or s. 754 775.083. 755 (3)A person who plays or engages in Internet sports 756 wagering commits: 757 (a)For a first offense, a misdemeanor of the second 758 degree, punishable as provided in s. 775.082 or s. 775.083. 759 (b)For a second or subsequent violation, a misdemeanor of 760 the first degree, punishable as provided in s. 775.082 or s. 761 775.083. 762 (4)A person who operates, conducts, or promotes Internet 763 gambling or Internet sports wagering, or receives in any manner 764 whatsoever any money or other thing of value offered for the 765 purpose of Internet gambling or Internet sports wagering, or who 766 knowingly becomes the custodian or depositary of any money or 767 other thing of value so offered, or who aids, assists, abets, or 768 influences in any manner in any of such acts, all of which are 769 hereby forbidden, commits a felony of the third degree, 770 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 771 (5)This section does not apply to participation in, or the 772 conduct of, any gaming activities authorized under s. 773 285.710(13) and conducted pursuant to a gaming compact ratified 774 and approved under s. 285.710(3). 775 Section 17.Paragraph (b) of subsection (12) of section 776 849.086, Florida Statutes, is amended, and paragraph (e) is 777 added to that subsection, to read: 778 849.086Cardrooms authorized. 779 (12)PROHIBITED ACTIVITIES. 780 (b)A No person must be under 18 years of age or older may 781 be permitted to hold a cardroom or employee license, or engage 782 in any game conducted therein. However, a cardroom operator may, 783 at the operators discretion, limit the playing of any game to 784 persons 21 years of age or older. 785 (e)A person who manipulates or attempts to manipulate the 786 playing cards, outcome, or payoff of a card game in a licensed 787 cardroom by physical tampering or by use of any object, 788 instrument, or device, whether mechanical, electrical, magnetic, 789 or involving other means, commits a felony of the third degree, 790 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 791 Section 18.Section 849.0932, Florida Statutes, is created 792 to read: 793 849.0932Fantasy sports contests; conditions for conduct. 794 (1)As used in this section, the term: 795 (a)Commission means the Florida Gaming Control 796 Commission. 797 (b)Confidential information means information related to 798 the playing of fantasy sports contests by contest participants 799 which is obtained solely as a result of a persons employment 800 with, or work as an agent of, a contest operator. 801 (c)Contest operator means a person or an entity that 802 offers fantasy sports contests for a cash prize to members of 803 the public. The term does not include a noncommercial contest 804 operator in this state. 805 (d)Contest participant means a person who pays an entry 806 fee for the ability to participate in a fantasy or simulation 807 sports game or contest offered by a contest operator or 808 noncommercial contest operator. 809 (e)Entry fee means the cash or cash equivalent amount 810 that a person is required to pay to a contest operator or 811 noncommercial contest operator to participate in a fantasy 812 sports contest. 813 (f)Fantasy sports contest means a fantasy or simulation 814 sports game or contest offered by a contest operator or a 815 noncommercial contest operator in which a contest participant 816 manages a fantasy or simulation sports team composed of athletes 817 from a professional sports organization and which meets each of 818 the following requirements: 819 1.All prizes and awards offered to winning contest 820 participants are established and made known to the contest 821 participants in advance of the game or contest, and their value 822 is not determined by the number of contest participants or the 823 amount of any fees paid by those contest participants. 824 2.All winning outcomes reflect the relative knowledge and 825 skill of the contest participants and are determined 826 predominantly by accumulated statistical results of the 827 performance of individuals, including athletes in the case of 828 sporting events. 829 3.No winning outcome is based on the score, point spread, 830 or any performance or performances of any single actual team or 831 combination of such teams; solely on any single performance of 832 an individual athlete or player in a single actual event; on a 833 pari-mutuel event, as the term pari-mutuel is defined in s. 834 550.002; on a game of poker or other card game; or on the 835 performances of participants in collegiate, high school, or 836 youth sporting events. 837 4.No casino graphics, themes, or titles, including, but 838 not limited to, depictions of slot machine-style symbols, cards, 839 dice, craps, roulette, or lotto, are displayed or depicted. 840 (g)Noncommercial contest operator means a natural person 841 who organizes and conducts a fantasy or simulation sports game 842 in which contest participants are charged entry fees for the 843 right to participate and who collects, maintains, and 844 distributes such entry fees. 845 (2)The total entry fees collected, maintained, and 846 distributed by a noncommercial contest operator for a fantasy 847 sports contest may not exceed $1,500 per season or a total of 848 $10,000 per calendar year. All entry fees must be returned to 849 the contest participants in the form of prizes. 850 (3)The Florida Gaming Control Commission shall investigate 851 violations of this section and refer them to the Attorney 852 General or the state attorney in the circuit in which the 853 violation occurs. The Attorney General or state attorney may 854 also institute proceedings to enjoin any person found to be 855 violating this section. 856 (4)(a)A violation of this section is punishable by a fine 857 of $1,000 in addition to civil and criminal penalties. 858 (b)An operator or owner of any website, platform, or 859 application that offers fantasy sports contests in violation of 860 this section is subject to a fine of up to $100,000 per 861 violation. 862 (5)(a)A person who willfully and knowingly violates this 863 section commits a misdemeanor of the first degree, punishable as 864 provided in s. 775.082 or s. 775.083. 865 (b)An operator or owner of any application, platform, or 866 website that offers fantasy sports contests in violation of this 867 section commits a felony of the third degree, punishable as 868 provided in s. 775.082, s. 775.083, or s. 775.084. 869 Section 19.Section 849.11, Florida Statutes, is amended to 870 read: 871 849.11Plays at games of chance by lot. 872 (1)A person who Whoever sets up, promotes or plays in 873 person or by the use, at least in part, of the Internet, at any 874 game of chance by lot or with dice, cards, numbers, hazards or 875 any other gambling device whatever for, or for the disposal of 876 money or other thing of value or under the pretext of a sale, 877 gift or delivery thereof, or for any right, share or interest 878 therein, commits shall be guilty of a misdemeanor of the second 879 degree, punishable as provided in s. 775.082 or s. 775.083. 880 (2)A person who sets up, operates, conducts, promotes, or 881 receives in any manner whatsoever any money or other thing of 882 value offered for the purpose of conduct prohibited in 883 subsection (1), or who knowingly becomes the custodian or 884 depositary of any money or other thing of value so offered, or 885 who aids, assists, abets, or influences in any manner in any 886 such acts, commits a felony of the third degree, punishable as 887 provided in s. 775.082, s. 775.083, or s. 775.084. 888 Section 20.Section 849.13, Florida Statutes, is amended to 889 read: 890 849.13Punishment on Second or subsequent conviction.A 891 person who commits a second or subsequent violation of the same 892 Whoever, after being convicted of an offense forbidden by law in 893 connection with lotteries for which there is no penalty 894 specified for a second or subsequent violation, shall have the 895 offense reclassified to an offense of the next higher degree, 896 commits the like offense, shall be guilty of a misdemeanor of 897 the first degree, punishable as provided in s. 775.082, or s. 898 775.083, or s. 775.084. For purposes of sentencing under chapter 899 921, a felony offense that is reclassified under this subsection 900 is ranked one level above the ranking under s. 921.0022 or s. 901 921.0023 of the felony offense committed. 902 Section 21.Section 849.14, Florida Statutes, is amended to 903 read: 904 849.14Unlawful to bet on result of trial or contest of 905 skill, etc.A person who Whoever stakes, bets, or wagers any 906 money or other thing of value upon the result of any trial or 907 contest of skill, speed or power or endurance of human or beast, 908 or who whoever receives in any manner whatsoever any money or 909 other thing of value staked, bet, or wagered, or offered for the 910 purpose of being staked, bet, or wagered, by or for any other 911 person upon any such result, or who whoever knowingly becomes 912 the custodian or depositary of any money or other thing of value 913 so staked, bet, or wagered upon any such result, or who whoever 914 aids, or assists, or abets, or influences in any manner in any 915 of such acts all of which are hereby forbidden, commits a felony 916 of the third degree, punishable as provided in s. 775.082, or s. 917 775.083, or s. 775.084. 918 Section 22.Section 849.15, Florida Statutes, is amended to 919 read: 920 849.15Manufacture, sale, possession, etc., of slot 921 machines or devices prohibited. 922 (1)As used in this section, the term: 923 (a)Conviction means a determination of guilt that is the 924 result of a plea or trial, regardless of whether adjudication is 925 withheld or a plea of nolo contendere is entered. 926 (b)Person of authority means a person who, at any 927 business, establishment, premises, or other location at which a 928 slot machine or device is offered for play, has: 929 1.Actual authority to act on behalf of the business, 930 establishment, premises, or other location where a slot machine 931 or device is offered for play; or 932 2.Any ownership interest in the business, establishment, 933 premises, or other location. The term ownership interest 934 includes being an officer, a director, or a managing member of 935 the business, establishment, premises, or other location. 936 (2)(1)It is unlawful: 937 (a)To manufacture, own, store, keep, possess, sell, rent, 938 lease, let on shares, lend or give away, transport, or expose 939 for sale or lease, or to offer to sell, rent, lease, let on 940 shares, lend or give away, or permit the operation of, or for 941 any person to permit to be placed, maintained, or used or kept 942 in any room, space, or building owned, leased or occupied by the 943 person or under the persons management or control, any slot 944 machine or device or any part thereof; or 945 (b)To make or to permit to be made with any person any 946 agreement with reference to any slot machine or device, pursuant 947 to which the user thereof, as a result of any element of chance 948 or other outcome unpredictable to him or her, may become 949 entitled to receive any money, credit, allowance, or thing of 950 value or additional chance or right to use such machine or 951 device, or to receive any check, slug, token or memorandum 952 entitling the holder to receive any money, credit, allowance or 953 thing of value. 954 (3)(a)Except as provided in paragraphs (b) and (c), a 955 person who violates subsection (2) commits a misdemeanor of the 956 first degree, punishable as provided in s. 775.082 or s. 957 775.083. 958 (b)A person commits a felony of the third degree, 959 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 960 if he or she violates subsection (2), and: 961 1.At the time of the violation, the person was a person of 962 authority; or 963 2.The person has one prior conviction for a violation of 964 this section. 965 (c)A person commits a felony of the second degree, 966 punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 967 if he or she violates subsection (2), and: 968 1.a.At the time of the violation, the person was a person 969 of authority; and 970 b.The violation involves five or more slot machines or 971 devices; or 972 2.The person has two or more prior convictions for a 973 violation of this section. 974 (4)(2)Pursuant to section 2 of that chapter of the 975 Congress of the United States entitled An act to prohibit 976 transportation of gaming devices in interstate and foreign 977 commerce, approved January 2, 1951, being ch. 1194, 64 Stat. 978 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State 979 of Florida, acting by and through the duly elected and qualified 980 members of its Legislature, does hereby in this section, and in 981 accordance with and in compliance with the provisions of section 982 2 of such chapter of Congress, declare and proclaim that any 983 county of the State of Florida within which slot machine gaming 984 is authorized pursuant to chapter 551 is exempt from the 985 provisions of section 2 of that chapter of the Congress of the 986 United States entitled An act to prohibit transportation of 987 gaming devices in interstate and foreign commerce, designated 988 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All 989 shipments of gaming devices, including slot machines, into any 990 county of this state within which slot machine gaming is 991 authorized pursuant to chapter 551 and the registering, 992 recording, and labeling of which have been duly performed by the 993 manufacturer or distributor thereof in accordance with sections 994 3 and 4 of that chapter of the Congress of the United States 995 entitled An act to prohibit transportation of gaming devices in 996 interstate and foreign commerce, approved January 2, 1951, 997 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. 998 ss. 1171-1177, shall be deemed legal shipments thereof into this 999 state provided the destination of such shipments is an eligible 1000 facility as defined in s. 551.102 or the facility of a slot 1001 machine manufacturer or slot machine distributor as provided in 1002 s. 551.109(2)(a). 1003 (5)All shipments of legal gaming devices, including legal 1004 slot machines, into Indian lands located within this state shall 1005 be deemed legal shipments thereof provided that such Indian 1006 lands are held in federal trust for the benefit of a federally 1007 recognized Indian tribe that is a party to a tribal-state 1008 compact with the state pursuant to the federal Indian Gaming 1009 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C. 1010 ss. 2701 et seq. 1011 Section 23.Section 849.155, Florida Statutes, is created 1012 to read: 1013 849.155Trafficking in slot machines, devices, or parts. 1014 Any person who knowingly sells, purchases, manufactures, 1015 transports, delivers, or brings into this state more than 15 1016 slot machines or devices or any parts thereof commits a felony 1017 of the first degree, punishable as provided in s. 775.082, s. 1018 775.083, or s. 775.084. If the quantity of slot machines or 1019 devices or any parts thereof involved is: 1020 (1)More than 15 slot machines or devices or any parts 1021 thereof, but less than 25 slot machines or devices or any parts 1022 thereof, such person must be fined $100,000. 1023 (2)Twenty-five slot machines or devices or any parts 1024 thereof or more, but less than 50 slot machines or devices or 1025 any parts thereof, such person must be fined $250,000. 1026 (3)Fifty slot machines or devices or any parts thereof or 1027 more, such person must be fined $500,000. 1028 (4)Pursuant to section 2 of the chapter of the Congress of 1029 the United States entitled An act to prohibit transportation of 1030 gaming devices in interstate and foreign commerce, approved 1031 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also 1032 designated as 15 U.S.C. ss. 1171-1177, the State of Florida, 1033 acting by and through the duly elected and qualified members of 1034 its Legislature, does hereby in this section, and in accordance 1035 with and in compliance with section 2 of such chapter of 1036 Congress, declare and proclaim that any county of the State of 1037 Florida within which slot machine gaming is authorized pursuant 1038 to chapter 551 is exempt from section 2 of that chapter of the 1039 Congress of the United States entitled An act to prohibit 1040 transportation of gaming devices in interstate and foreign 1041 commerce, designated as 15 U.S.C. ss. 1171-1177, approved 1042 January 2, 1951. All shipments of gaming devices, including slot 1043 machines, into any county of this state within which slot 1044 machine gaming is authorized pursuant to chapter 551 and the 1045 registering, recording, and labeling of which have been duly 1046 performed by the manufacturer or distributor thereof in 1047 accordance with sections 3 and 4 of that chapter of the Congress 1048 of the United States entitled An act to prohibit transportation 1049 of gaming devices in interstate and foreign commerce, approved 1050 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also 1051 designated as 15 U.S.C. ss. 1171-1177, shall be deemed legal 1052 shipments thereof into this state provided the destination of 1053 such shipments is an eligible facility as defined in s. 551.102 1054 or the facility of a slot machine manufacturer or slot machine 1055 distributor as provided in s. 551.109(2)(a). 1056 (5)All shipments of legal gaming devices, including legal 1057 slot machines, into Indian lands located within this state shall 1058 be deemed legal shipments thereof provided that such Indian 1059 lands are held in federal trust for the benefit of a federally 1060 recognized Indian tribe that is a party to a tribal-state 1061 compact with the state pursuant to the federal Indian Gaming 1062 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C. 1063 ss. 2701 et seq. 1064 1065 Notwithstanding any other law, all fines imposed and collected 1066 pursuant to this section must be deposited into the Pari-mutuel 1067 Wagering Trust Fund and may be used for the enforcement of this 1068 chapter and chapters 546, 550, and 551 by the Florida Gaming 1069 Control Commission. 1070 Section 24.Section 849.157, Florida Statutes, is created 1071 to read: 1072 849.157Making a false or misleading statement regarding 1073 the legality of slot machines or devices to facilitate sale. 1074 (1)Except as provided in subsection (2), a person who 1075 knowingly and willfully makes a materially false or misleading 1076 statement or who knowingly and willfully disseminates false or 1077 misleading information regarding the legality of a slot machine 1078 or device for the purpose of facilitating the sale or delivery 1079 of a slot machine or device for any money or other valuable 1080 consideration commits a felony of the third degree, punishable 1081 as provided in s. 775.082, s. 775.083, or s. 775.084. 1082 (2)A person who violates subsection (1), when such a 1083 violation involves the sale or delivery, or attempted sale or 1084 delivery, of five or more slot machines or devices, commits a 1085 felony of the second degree, punishable as provided in s. 1086 775.082, s. 775.083, or s. 775.084. 1087 Section 25.Section 849.23, Florida Statutes, is repealed. 1088 Section 26.Section 849.47, Florida Statutes, is created to 1089 read: 1090 849.47Transporting or procuring the transportation of 1091 persons to facilitate illegal gambling. 1092 (1)As used in this section, the term illegal gambling 1093 means any criminal violation of this chapter, chapter 546, 1094 chapter 550, or chapter 551 that occurs at any business, 1095 establishment, premises, or other location. 1096 (2)Except as provided in subsection (3), a person who 1097 knowingly and willfully transports, or procures the 1098 transportation of, five or more other persons into or within 1099 this state when he or she knows or reasonably should know that 1100 such transportation is for the purpose of facilitating illegal 1101 gambling commits a misdemeanor of the first degree, punishable 1102 as provided in s. 775.082 or s. 775.083. 1103 (3)(a)A person who transports, or procures the 1104 transportation of, a minor or a person 65 years of age or older 1105 in violation of subsection (2) commits a felony of the third 1106 degree, punishable as provided in s. 775.082, s. 775.083, or s. 1107 775.084. 1108 (b)A person who transports, or procures the transportation 1109 of, 12 or more persons in violation of subsection (2) commits a 1110 felony of the third degree, punishable as provided in s. 1111 775.082, s. 775.083, or s. 775.084. 1112 Section 27.Section 849.48, Florida Statutes, is created to 1113 read: 1114 849.48Gambling or gaming advertisements; prohibited. 1115 (1)As used in this section, the term illegal gambling 1116 means any criminal violation of this chapter, chapter 546, 1117 chapter 550, or chapter 551 which occurs at any business, 1118 establishment, premises, or other location. 1119 (2)(a)Except as otherwise specifically authorized by law, 1120 a person may not knowingly and intentionally make, publish, 1121 disseminate, circulate, or place before the public, or cause, 1122 directly or indirectly, to be made, published, disseminated, 1123 circulated, or placed before the public in this state, in any 1124 manner, whether in person or by the use, at least in part, of 1125 the Internet, any advertisement, circular, bill, poster, 1126 pamphlet, list, schedule, announcement, or notice for the 1127 purpose of promoting or facilitating illegal gambling. 1128 (b)Except as otherwise specifically authorized by law, a 1129 person may not set up any type or plate for any type of 1130 advertisement, circular, bill, poster, pamphlet, list, schedule, 1131 announcement, or notice when he or she knows or reasonably 1132 should know that such material will be used for the purpose of 1133 promoting or facilitating illegal gambling. 1134 (c)A person who violates this subsection commits: 1135 1.For a first offense, a misdemeanor of the first degree, 1136 punishable as provided in s. 775.082 or s. 775.083. 1137 2.For a second or subsequent offense, a felony of the 1138 third degree, punishable as provided in s. 775.082, s. 775.083, 1139 or s. 775.084. 1140 (3)This section does not prohibit the printing or 1141 producing of any advertisement, circular, bill, poster, 1142 pamphlet, list, schedule, announcement, or notice to be used for 1143 the purpose of promoting or facilitating gambling conducted in 1144 any other state or nation, outside of this state, where such 1145 gambling is not prohibited. 1146 Section 28.Section 849.49, Florida Statutes, is created to 1147 read: 1148 849.49Preemption.A county, municipality, or other 1149 political subdivision of the state may not enact or enforce any 1150 ordinance or local rule relating to gaming, gambling, lotteries, 1151 or any activities described in this chapter or s. 546.10, except 1152 as otherwise expressly provided by general law, special law, or 1153 the State Constitution. 1154 Section 29.Present paragraphs (i) through (m) of 1155 subsection (2) of section 903.046, Florida Statutes, are 1156 redesignated as paragraphs (j) through (n), respectively, and a 1157 new paragraph (i) is added to that subsection, to read: 1158 903.046Purpose of and criteria for bail determination. 1159 (2)When determining whether to release a defendant on bail 1160 or other conditions, and what that bail or those conditions may 1161 be, the court shall consider: 1162 (i)The amount of currency seized that is connected to or 1163 involved in a violation of chapter 546, chapter 550, chapter 1164 551, or chapter 849. 1165 Section 30.Paragraphs (a), (c), (e), and (g) of subsection 1166 (3) of section 921.0022, Florida Statutes, are amended to read: 1167 921.0022Criminal Punishment Code; offense severity ranking 1168 chart. 1169 (3)OFFENSE SEVERITY RANKING CHART 1170 (a)LEVEL 1 1171 1172 1173 FloridaStatute FelonyDegree Description 1174 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 1175 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots. 1176 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 1177 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000. 1178 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 1179 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 1180 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 1181 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 1182 322.212(1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification. 1183 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 1184 322.212(5)(a) 3rd False application for driver license or identification card. 1185 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 1186 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 1187 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more. 1188 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 1189 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more. 1190 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 1191 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data). 1192 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 1193 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 1194 826.01 3rd Bigamy. 1195 828.122(3) 3rd Fighting or baiting animals. 1196 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 1197 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 1198 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 1199 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. 1200 838.15(2) 3rd Commercial bribe receiving. 1201 838.16 3rd Commercial bribery. 1202 843.18 3rd Fleeing by boat to elude a law enforcement officer. 1203 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 1204 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. 1205 849.23 3rd Gambling-related machines; common offender as to property rights. 1206 849.25(2) 3rd Engaging in bookmaking. 1207 860.08 3rd Interfere with a railroad signal. 1208 860.13(1)(a) 3rd Operate aircraft while under the influence. 1209 893.13(2)(a)2. 3rd Purchase of cannabis. 1210 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 1211 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 1212 1213 (c)LEVEL 3 1214 1215 1216 FloridaStatute FelonyDegree Description 1217 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 1218 316.066(3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 1219 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 1220 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 1221 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 1222 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 1223 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 1224 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 1225 327.35(2)(b) 3rd Felony BUI. 1226 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 1227 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 1228 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 1229 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. 1230 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. 1231 379.2431(1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 1232 400.9935(4)(a)or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 1233 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 1234 440.1051(3) 3rd False report of workers compensation fraud or retaliation for making such a report. 1235 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 1236 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 1237 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 1238 626.902(1)(a) &(b) 3rd Representing an unauthorized insurer. 1239 697.08 3rd Equity skimming. 1240 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 1241 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. 1242 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 1243 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 1244 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 1245 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older. 1246 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 1247 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 1248 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others. 1249 812.081(2) 3rd Theft of a trade secret. 1250 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property. 1251 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 1252 817.233 3rd Burning to defraud insurer. 1253 817.234(8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 1254 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 1255 817.236 3rd Filing a false motor vehicle insurance application. 1256 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 1257 817.413(2) 3rd Sale of used goods of $1,000 or more as new. 1258 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability. 1259 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud. 1260 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 1261 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent. 1262 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 1263 838.12(3) 3rd Betting on a predetermined or prearranged professional or amateur game, contest, match, race, or sport. 1264 849.01 3rd Keeping a gambling house. 1265 849.02(2) 3rd Agents or employees of keeper of gambling house. 1266 849.03(1) 3rd Renting house for gambling purposes. 1267 849.08(4) 3rd Operating, conducting, promoting, aiding, abetting, assisting Internet gambling and Internet sports wagering. 1268 849.086(12)(e) 3rd Tampering with cards or card games. 1269 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. 1270 849.09(1)(e), (f), (g), (i), or (k) 3rd Conducting an unlawful lottery; second or subsequent offense. 1271 849.09(1)(h) or (j) 3rd Conducting an unlawful lottery; second or subsequent offense. 1272 849.11(2) 3rd Offenses relating to games of chance. 1273 849.14 3rd Betting on result of trial or contest of skill, etc. 1274 849.15(3)(b) 3rd Manufacture, sale, or possession of slot machine; by person of authority or with prior conviction. 1275 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices. 1276 849.25(2) 3rd Engaging in bookmaking. 1277 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. 1278 849.48(2)(c) 3rd Illegal gambling advertising. 1279 847.01385 3rd Harmful communication to a minor. 1280 860.15(3) 3rd Overcharging for repairs and parts. 1281 870.01(2) 3rd Riot. 1282 870.01(4) 3rd Inciting a riot. 1283 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). 1284 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. 1285 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. 1286 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 1287 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 1288 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 1289 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 1290 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 1291 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 1292 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. 1293 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. 1294 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 1295 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. 1296 918.13(1) 3rd Tampering with or fabricating physical evidence. 1297 944.47(1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 1298 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 1299 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 1300 1301 (e)LEVEL 5 1302 1303 1304 FloridaStatute FelonyDegree Description 1305 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene. 1306 316.1935(4)(a) 2nd Aggravated fleeing or eluding. 1307 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently. 1308 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury. 1309 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene. 1310 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. 1311 379.367(4) 3rd Willful molestation of a commercial harvesters spiny lobster trap, line, or buoy. 1312 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters. 1313 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive. 1314 440.10(1)(g) 2nd Failure to obtain workers compensation coverage. 1315 440.105(5) 2nd Unlawful solicitation for the purpose of making workers compensation claims. 1316 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers compensation premiums. 1317 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000. 1318 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender. 1319 790.01(3) 3rd Unlawful carrying of a concealed firearm. 1320 790.162 2nd Threat to throw or discharge destructive device. 1321 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner. 1322 790.221(1) 2nd Possession of short-barreled shotgun or machine gun. 1323 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices. 1324 796.05(1) 2nd Live on earnings of a prostitute; 1st offense. 1325 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age. 1326 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older. 1327 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property. 1328 810.145(4)(c) 3rd Commercial digital voyeurism dissemination. 1329 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense. 1330 810.145(8)(a) 2nd Digital voyeurism; certain minor victims. 1331 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination. 1332 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000. 1333 812.015(8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts. 1334 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period. 1335 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons. 1336 812.019(1) 2nd Stolen property; dealing in or trafficking in. 1337 812.081(3) 2nd Trafficking in trade secrets. 1338 812.131(2)(b) 3rd Robbery by sudden snatching. 1339 812.16(2) 3rd Owning, operating, or conducting a chop shop. 1340 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000. 1341 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000. 1342 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. 1343 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. 1344 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents. 1345 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder. 1346 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult. 1347 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 1348 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent. 1349 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. 1350 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence. 1351 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older. 1352 847.0137(2) & (3) 3rd Transmission of pornography by electronic device or equipment. 1353 847.0138(2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment. 1354 849.02(3) 2nd Agents or employees of keeper of gambling house, 3rd or subsequent offense. 1355 849.03(2) 2nd Renting house for gambling purposes. 1356 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. 1357 849.157(2) 2nd False or misleading statement to facilitate sale of slot machines or devices; five or more machines. 1358 849.25(3) 2nd Bookmaking; second or subsequent offense. 1359 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense. 1360 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang. 1361 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). 1362 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. 1363 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. 1364 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. 1365 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. 1366 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance. 1367 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance. 1368 1369 (g)LEVEL 7 1370 1371 1372 FloridaStatute FelonyDegree Description 1373 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 1374 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury. 1375 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. 1376 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury. 1377 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 1378 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 1379 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 1380 456.065(2) 3rd Practicing a health care profession without a license. 1381 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 1382 458.327(1) 3rd Practicing medicine without a license. 1383 459.013(1) 3rd Practicing osteopathic medicine without a license. 1384 460.411(1) 3rd Practicing chiropractic medicine without a license. 1385 461.012(1) 3rd Practicing podiatric medicine without a license. 1386 462.17 3rd Practicing naturopathy without a license. 1387 463.015(1) 3rd Practicing optometry without a license. 1388 464.016(1) 3rd Practicing nursing without a license. 1389 465.015(2) 3rd Practicing pharmacy without a license. 1390 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 1391 467.201 3rd Practicing midwifery without a license. 1392 468.366 3rd Delivering respiratory care services without a license. 1393 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 1394 483.901(7) 3rd Practicing medical physics without a license. 1395 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 1396 484.053 3rd Dispensing hearing aids without a license. 1397 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. 1398 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. 1399 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 1400 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 1401 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 1402 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 1403 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. 1404 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 1405 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 1406 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 1407 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 1408 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 1409 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 1410 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 1411 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 1412 784.048(7) 3rd Aggravated stalking; violation of court order. 1413 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 1414 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 1415 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 1416 784.081(1) 1st Aggravated battery on specified official or employee. 1417 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 1418 784.083(1) 1st Aggravated battery on code inspector. 1419 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 1420 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. 1421 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 1422 790.16(1) 1st Discharge of a machine gun under specified circumstances. 1423 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb. 1424 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 1425 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 1426 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 1427 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 1428 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. 1429 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 1430 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 1431 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 1432 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. 1433 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. 1434 806.01(2) 2nd Maliciously damage structure by fire or explosive. 1435 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 1436 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 1437 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 1438 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 1439 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. 1440 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 1441 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 1442 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 1443 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5. 1444 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 1445 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. 1446 812.131(2)(a) 2nd Robbery by sudden snatching. 1447 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 1448 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 1449 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 1450 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 1451 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 1452 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. 1453 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 1454 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 1455 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 1456 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 1457 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 1458 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. 1459 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 1460 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 1461 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance. 1462 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography. 1463 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 1464 838.015 2nd Bribery. 1465 838.016 2nd Unlawful compensation or reward for official behavior. 1466 838.021(3)(a) 2nd Unlawful harm to a public servant. 1467 838.22 2nd Bid tampering. 1468 843.0855(2) 3rd Impersonation of a public officer or employee. 1469 843.0855(3) 3rd Unlawful simulation of legal process. 1470 843.0855(4) 3rd Intimidation of a public officer or employee. 1471 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 1472 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 1473 849.155 1st Trafficking in slot machines or devices or any parts thereof. 1474 872.06 2nd Abuse of a dead human body. 1475 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 1476 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity. 1477 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. 1478 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. 1479 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 1480 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 1481 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 1482 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 1483 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 1484 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams. 1485 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 1486 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams. 1487 893.135(1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 1488 893.135(1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 1489 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 1490 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 1491 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 1492 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 1493 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. 1494 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 1495 893.135(1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 1496 893.135(1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 1497 893.135(1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams. 1498 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 1499 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 1500 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 1501 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 1502 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 1503 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 1504 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1505 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 1506 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 1507 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 1508 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1509 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 1510 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 1511 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1512 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 1513 1514 Section 31.Paragraph (a) of subsection (1) and paragraph 1515 (a) of subsection (2) of section 772.102, Florida Statutes, are 1516 amended to read: 1517 772.102Definitions.As used in this chapter, the term: 1518 (1)Criminal activity means to commit, to attempt to 1519 commit, to conspire to commit, or to solicit, coerce, or 1520 intimidate another person to commit: 1521 (a)Any crime that is chargeable by indictment or 1522 information under the following provisions: 1523 1.Section 210.18, relating to evasion of payment of 1524 cigarette taxes. 1525 2.Section 414.39, relating to public assistance fraud. 1526 3.Section 440.105 or s. 440.106, relating to workers 1527 compensation. 1528 4.Part IV of chapter 501, relating to telemarketing. 1529 5.Chapter 517, relating to securities transactions. 1530 6.Section 550.235 or s. 550.3551, relating to dogracing 1531 and horseracing. 1532 7.Chapter 550, relating to jai alai frontons. 1533 8.Chapter 552, relating to the manufacture, distribution, 1534 and use of explosives. 1535 9.Chapter 562, relating to beverage law enforcement. 1536 10.Section 624.401, relating to transacting insurance 1537 without a certificate of authority, s. 624.437(4)(c)1., relating 1538 to operating an unauthorized multiple-employer welfare 1539 arrangement, or s. 626.902(1)(b), relating to representing or 1540 aiding an unauthorized insurer. 1541 11.Chapter 687, relating to interest and usurious 1542 practices. 1543 12.Section 721.08, s. 721.09, or s. 721.13, relating to 1544 real estate timeshare plans. 1545 13.Chapter 782, relating to homicide. 1546 14.Chapter 784, relating to assault and battery. 1547 15.Chapter 787, relating to kidnapping or human 1548 trafficking. 1549 16.Chapter 790, relating to weapons and firearms. 1550 17.Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07, 1551 relating to prostitution. 1552 18.Chapter 806, relating to arson. 1553 19.Section 810.02(2)(c), relating to specified burglary of 1554 a dwelling or structure. 1555 20.Chapter 812, relating to theft, robbery, and related 1556 crimes. 1557 21.Chapter 815, relating to computer-related crimes. 1558 22.Chapter 817, relating to fraudulent practices, false 1559 pretenses, fraud generally, and credit card crimes. 1560 23.Section 827.071, relating to commercial sexual 1561 exploitation of children. 1562 24.Chapter 831, relating to forgery and counterfeiting. 1563 25.Chapter 832, relating to issuance of worthless checks 1564 and drafts. 1565 26.Section 836.05, relating to extortion. 1566 27.Chapter 837, relating to perjury. 1567 28.Chapter 838, relating to bribery and misuse of public 1568 office. 1569 29.Chapter 843, relating to obstruction of justice. 1570 30.Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 1571 s. 847.07, relating to obscene literature and profanity. 1572 31.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 1573 849.25, relating to gambling. 1574 32.Chapter 893, relating to drug abuse prevention and 1575 control. 1576 33.Section 914.22 or s. 914.23, relating to witnesses, 1577 victims, or informants. 1578 34.Section 918.12 or s. 918.13, relating to tampering with 1579 jurors and evidence. 1580 (2)Unlawful debt means any money or other thing of value 1581 constituting principal or interest of a debt that is legally 1582 unenforceable in this state in whole or in part because the debt 1583 was incurred or contracted: 1584 (a)In violation of any one of the following provisions of 1585 law: 1586 1.Section 550.235 or s. 550.3551, relating to dogracing 1587 and horseracing. 1588 2.Chapter 550, relating to jai alai frontons. 1589 3.Section 687.071, relating to criminal usury and loan 1590 sharking. 1591 4.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 1592 849.25, relating to gambling. 1593 Section 32.Paragraph (a) of subsection (12) of section 1594 895.02, Florida Statutes, is amended to read: 1595 895.02Definitions.As used in ss. 895.01-895.08, the term: 1596 (12)Unlawful debt means any money or other thing of 1597 value constituting principal or interest of a debt that is 1598 legally unenforceable in this state in whole or in part because 1599 the debt was incurred or contracted: 1600 (a)In violation of any one of the following provisions of 1601 law: 1602 1.Section 550.235 or s. 550.3551, relating to dogracing 1603 and horseracing. 1604 2.Chapter 550, relating to jai alai frontons. 1605 3.Section 551.109, relating to slot machine gaming. 1606 4.Chapter 687, relating to interest and usury. 1607 5.Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 1608 849.25, relating to gambling. 1609 Section 33.For the purpose of incorporating the amendment 1610 made by this act to section 550.09515, Florida Statutes, in a 1611 reference thereto, subsection (3) of section 550.3345, Florida 1612 Statutes, is reenacted to read: 1613 550.3345Conversion of quarter horse permit to a limited 1614 thoroughbred permit. 1615 (3)Unless otherwise provided in this section, after 1616 conversion, the permit and the not-for-profit corporation shall 1617 be treated under the laws of this state as a thoroughbred permit 1618 and as a thoroughbred permitholder, respectively, with the 1619 exception of ss. 550.09515(3) and 550.6308. 1620 Section 34.This act shall take effect October 1, 2025.
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