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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to gambling; amending s. 16.712, F.S.; 2
revising the contents of an annual report by the 3
Florida Gaming Control Commission; amending s. 16.713, 4
F.S.; prohibiting certain appointment or employment 5
for a specified period before or during service with 6
the commission; amending s. 16.715, F.S.; revising 7
standards of conduct for the commission; prohibiting 8
certain post-employment activities for former 9
commissioners and employees for a specified period; 10
amending s. 20.055, F.S.; revising the definition of 11
the term "agency head"; requiring the Florida Gaming 12
Control Commission's agency head to appoint an 13
inspector general; amending s. 546.10, F.S.; 14
authorizing certain organizations to petition the 15
commission before purchasing, installing, or operating 16
a game or machine on their premises before petitioning 17
for and being issued a specified declaratory statement 18
from the commission if the organizations are unsure if 19
such game or machine is an amusement machine; 20
prohibiting such organizations from purchasing or 21
installing a game or machine until an outstanding 22
declaratory statement is issued; prohibiting such 23
organizations from seeking a declaratory statement if 24
the game or machine in question is the subject of a 25
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criminal investigation; authorizing petitions to be 26
denied for specified grounds; requiring the commission 27
to issue a declaratory statement within a specified 28
timeframe; prohibiting the commission from denying a 29
petition if it was validly requested; specifying the 30
information that must be included in a request for a 31
declaratory statement; providing that the declaratory 32
statement is valid only for the game or machine for 33
which it is requested; providing that the declaratory 34
statement is invalid if the specifications for the 35
game or machine have been changed; providing that the 36
declaratory statement is binding on the commission and 37
may be introduced as evidence in subsequent 38
proceedings; providing construction; amending s. 39
550.002, F.S.; revising the definition of the term 40
"ultimate equitable owner"; amending s. 550.054, F.S.; 41
revising when commission approval is needed for 42
transfers of stock or other evidence of ownership of 43
certain pari-mutuel permitholders; amending s. 44
550.09512, F.S.; removing provisions requiring 45
reissuance of escheated harness horse permits; 46
amending s. 550.09515, F.S.; prohibiting reissuance of 47
horse permits to certain permitholders who do not pay 48
tax on handle for live races for a specified period; 49
removing provisions requiring reissuance of escheated 50
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horse permits; amending s. 838.12, F.S.; prohibiting 51
betting on athletic contests with knowledge that the 52
results are prearranged or predetermined; providing 53
criminal penalties; amending s. 849.01, F.S.; revising 54
criminal penalties for offenses involving keeping a 55
gambling house; amending s. 849.02, F.S.; increasing 56
criminal penalties for specified offenses by agents or 57
employees of a keeper of a gambling house; creating s. 58
849.021, F.S.; defining the terms "government 59
employee" and "political subdivision"; providing that 60
government emloyees who take certain actions relating 61
to gaming houses are subject to specified punishment; 62
providing an exception; creating s. 849.023, F.S.; 63
providing definitions; providing that certain 64
violations of law may result in the loss of specified 65
licenses or denial of application; authorizing 66
licensees to retain, apply for, and be reissued a 67
license in specified circumstances; providing 68
additional penalties; amending s. 849.03, F.S.; 69
revising criminal penalties for offenses involving 70
renting a house for gambling purposes; amending s. 71
849.08, F.S.; providing definitions; prohibiting 72
Internet gambling and Internet sports wagering and 73
related offenses; providing criminal penalties; 74
providing an exceptions; amending s. 849.086, F.S.; 75
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prohibiting specified actions relating to the 76
manipulation of card games; providing criminal 77
penalties; creating s. 849.0932, F.S.; defining the 78
term "fantasy sports contest"; requiring such contests 79
to meet specified requirements; providing penalties 80
for violations; authorizing the commission to 81
investigate and refer violations for prosecution; 82
authorizing enforcement actions by the Attorney 83
General and state attorneys; providing criminal 84
penalties for certain violations; amending s. 849.11, 85
F.S.; prohibiting certain offenses relating to games 86
of chance; providing criminal penalties; amending s. 87
849.13, F.S.; providing enhanced criminal penalties 88
for second or subsequent violations of certain 89
provisions; amending s. 849.14, F.S.; revising 90
criminal penalties for betting or wagering on certain 91
activities; repealing s. 849.142, F.S., relating to 92
exempted activities; amending s. 849.15, F.S.; 93
providing definitions; providing criminal penalties 94
for specified offenses relating to the manufacture, 95
possession, and sale of slot machines or devices; 96
creating s. 849.155, F.S.; prohibiting trafficking in 97
slot machines, devices, or part thereof; defining the 98
term "part thereof"; providing criminal penalties; 99
providing for the deposit of fines into a specified 100
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trust fund for specified purposes; creating s. 101
849.157, F.S.; prohibiting the making of a false or 102
misleading statement regarding the legality of slot 103
machines or devices for specified purposes; providing 104
criminal penalties; creating s. 849.181; providing 105
legislative intent; providing definitions; authorizing 106
criminal justice agencies to destroy excess slot 107
machines after meeting certain requirements; providing 108
that certain recordings are deemed to be competent 109
evidence in certain circumstances; providing for 110
severability; repealing s. 849.23, F.S., relating to 111
penalties for violations of specified provisions; 112
creating s. 849.47, F.S.; defining the term "illegal 113
gambling"; prohibiting the transportation of specified 114
numbers of persons or persons of certain ages, for the 115
purpose of facilitating illegal gambling; providing 116
criminal penalties; creating s. 849.48, F.S.; defining 117
the term "illegal gambling"; prohibiting specified 118
gambling or gaming advertisements; providing criminal 119
penalties; providing construction; creating s. 849.49, 120
F.S.; prohibiting specified political subdivisions 121
from enacting or enforcing certain ordinances and 122
rules; creating s. 849.50, F.S.; providing legislative 123
findings; authorizing the Florida Gaming Control 124
Commission to take certain actions relating to a 125
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statewide program for a specified purpose; providing 126
that persons who participate in the program shall not 127
face criminal prosecution in certain circumstances; 128
requiring the program be begin and end at specified 129
times; requiring the commission to advertise the 130
program in a specified manner; providing construction; 131
authorizing the commission to execute memorandums of 132
understanding with specified agencies for a certain 133
purpose; amending s. 903.046, F.S.; revising the 134
factors a court shall consider when making specified 135
determinations; amending s. 921.0022, F.S.; ranking 136
offenses for purposes of the offense severity ranking 137
chart of the Criminal Punishment Code; amending ss. 138
16.71, 772.102, and 895.02, F.S.; conforming 139
provisions to changes made by the act; providing an 140
effective date. 141
142
Be It Enacted by the Legislature of the State of Florida: 143
144
Section 1. Present paragraph (i) of subsection (3) of 145
section 16.712, Florida Statutes, is redesignated as paragraph 146
(k), new paragraphs (i) and (j) are added to that subsection, 147
and paragraph (h) of that subsection is amended, to read: 148
16.712 Florida Gaming Control Commission authorizations, 149
duties, and responsibilities.— 150
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(3) By December 1 of each year, the commission shall make 151
an annual report to the Governor, the President of the Senate, 152
and the Speaker of the House of Representatives. The report 153
must, at a minimum, include all of the following: 154
(h) A summary of actions taken and investigations 155
conducted by the commission, including the number of 156
investigations that led to criminal charges or any information 157
being filed and the resolution of such criminal charges or case. 158
(i) The number of complaints received by the commission 159
categorized by subject matter or the type of complaint and a 160
summary of the action taken on each complaint by the commission. 161
(j) A list of property seized by the commission during the 162
course of investigations, and the disposition of such property, 163
including a list of forfeiture actions. 164
Section 2. Paragraphs (a) and (b) of subsection (2) of 165
section 16.713, Florida Statutes, are amended to read: 166
16.713 Florida Gaming Control Commission; appointment and 167
employment restrictions.— 168
(2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS 169
INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE 170
COMMISSION.— 171
(a) A person may not, for the 2 years immediately 172
preceding the date of appointment to or employment with the 173
commission and while appointed to or employed with the 174
commission: 175
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1. Hold a permit or license issued under chapter 550 or a 176
license issued under chapter 551 or chapter 849; be an officer, 177
official, or employee of such permitholder or licensee; or be an 178
ultimate equitable owner, as defined in s. 550.002(37), of such 179
permitholder or licensee; 180
2. Be an officer, official, employee, or other person with 181
duties or responsibilities relating to a gaming operation owned 182
by an Indian tribe that has a valid and active compact with the 183
state; be a contractor or subcontractor of such tribe or an 184
entity employed, licensed, or contracted by such tribe; or be an 185
ultimate equitable owner, as defined in s. 550.002(37), of such 186
entity; 187
3. Be a registered lobbyist for the executive or 188
legislative branch, except while a commissioner or employee of 189
the commission when officially representing the commission or 190
unless the person registered as a lobbyist for the executive or 191
legislative branch while employed by a state agency as defined 192
in s. 110.107 during the normal course of his or her employment 193
with such agency and he or she has not lobbied on behalf of any 194
entity other than a state agency during the 2 years immediately 195
preceding the date of his or her appointment to or employment 196
with the commission; or 197
4. Be a bingo game operator or an employee of a bingo game 198
operator; or 199
5. Be an employee, associate, owner, or contractor for any 200
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person or entity that conducts or facilitates an activity 201
regulated, enforced, or investigated by the commission, 202
including fantasy sports contests and other betting activities. 203
(b) A person is ineligible for appointment to or 204
employment with the commission if, within the 2 years 205
immediately preceding such appointment or employment, he or she 206
violated paragraph (a) or solicited or accepted employment with, 207
acquired any direct or indirect interest in, or had any direct 208
or indirect business association, partnership, or financial 209
relationship with, or is a relative of: 210
1. Any person or entity who is an applicant, licensee, or 211
registrant with the commission; or 212
2. Any officer, official, employee, or other person with 213
duties or responsibilities relating to a gaming operation owned 214
by an Indian tribe that has a valid and active compact with the 215
state; any contractor or subcontractor of such tribe or an 216
entity employed, licensed, or contracted by such tribe; or any 217
ultimate equitable owner, as defined in s. 550.002(37), of such 218
entity; or 219
3. Any person or entity that conducts or facilitates an 220
activity regulated, enforced, or investigated by the commission, 221
including fantasy sports contests and other betting activities. 222
223
For the purposes of this subsection, the term "relative" means a 224
spouse, father, mother, son, daughter, grandfather, grandmother, 225
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brother, sister, uncle, aunt, cousin, nephew, niece, father-in-226
law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, 227
sister-in-law, stepfather, stepmother, stepson, stepdaughter, 228
stepbrother, stepsister, half brother, or half sister. 229
Section 3. Paragraph (b) of subsection (1) and paragraphs 230
(b) and (c) of subsection (2) of section 16.715, Florida 231
Statutes, are amended to read: 232
16.715 Florida Gaming Control Commission standards of 233
conduct; ex parte communications.— 234
(1) STANDARDS OF CONDUCT.— 235
(b)1. A commissioner or employee of the commission may not 236
accept anything from any business entity that, either directly 237
or indirectly, owns or controls any person regulated by the 238
commission or from any business entity that, either directly or 239
indirectly, is an affiliate or subsidiary of any person 240
regulated by the commission. 241
2. A commissioner or an employee may attend conferences, 242
along with associated meals and events that are generally 243
available to all conference participants, without payment of any 244
fees in addition to the conference fee. Additionally, while 245
attending a conference, a commissioner or an employee may attend 246
meetings, meals, or events that are not sponsored, in whole or 247
in part, by any representative of any person regulated by the 248
commission and that are limited to commissioners or employees 249
only, committee members, or speakers if the commissioner or 250
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employee is a member of a committee of the association of 251
regulatory agencies which organized the conference or is a 252
speaker at the conference. It is not a violation of this 253
subparagraph for a commissioner or an employee to attend a 254
conference for which conference participants who are employed by 255
a person regulated by the commission have paid a higher 256
conference registration fee than the commissioner or employee, 257
or to attend a meal or event that is generally available to all 258
conference participants without payment of any fees in addition 259
to the conference fee and that is sponsored, in whole or in 260
part, by a person regulated by the commission. 261
3. While employed, and for 2 years after service as a 262
commissioner or for 2 years after employment with the 263
commission, a commissioner or an employee may not accept any 264
form of employment with or engage in any business activity with 265
any business entity that, either directly or indirectly, owns or 266
controls any person regulated by the commission; any person 267
regulated by the commission; or any business entity that, either 268
directly or indirectly, is an affiliate or subsidiary of any 269
person regulated by the commission; or be an employee, 270
associate, owner, or contractor for any person or entity that 271
conducts or facilitates an activity regulated, enforced, or 272
investigated by the commission, including fantasy sports 273
contests and other betting activities. 274
4. While employed, and for 2 years after service as a 275
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commissioner or for 2 years after employment with the 276
commission, a commissioner, an employee, or a relative living in 277
the same household as a commissioner or an employee may not have 278
any financial interest, other than shares in a mutual fund, in 279
any person regulated by the commission; in any business entity 280
that, either directly or indirectly, owns or controls any person 281
regulated by the commission; or in any business entity that, 282
either directly or indirectly, is an affiliate or a subsidiary 283
of any person regulated by the commission; or be an employee, 284
associate, owner, or contractor for any person or entity that 285
conducts or facilitates an activity regulated, enforced, or 286
investigated by the commission, including fantasy sports 287
contests and other betting activities. If a commissioner, an 288
employee, or a relative living in the same household as a 289
commissioner or an employee acquires any financial interest 290
prohibited by this subsection during the commissioner's term of 291
office or the employee's employment with the commission as a 292
result of events or actions beyond the commissioner's, the 293
employee's, or the relative's control, he or she shall 294
immediately sell such financial interest. For the purposes of 295
this subsection, the term "relative" has the same meaning as in 296
s. 16.713(2)(b). 297
5. A commissioner or an employee may not accept anything 298
from a party in a proceeding currently pending before the 299
commission. 300
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6. A commissioner may not serve as the representative of 301
any political party or on any executive committee or other 302
governing body of a political party; serve as an executive 303
officer or employee of any political party, committee, 304
organization, or association; receive remuneration for 305
activities on behalf of any candidate for public office; engage 306
on behalf of any candidate for public office in the solicitation 307
of votes or other activities on behalf of such candidacy; or 308
become a candidate for election to any public office without 309
first resigning from office. 310
7. A commissioner, during his or her term of office, may 311
not make any public comment regarding the merits of any 312
proceeding under ss. 120.569 and 120.57 currently pending before 313
the commission. 314
8. A commissioner or an employee may not act in an 315
unprofessional manner at any time during the performance of 316
official duties. 317
9. A commissioner or an employee must avoid impropriety in 318
all activities and must act at all times in a manner that 319
promotes public confidence in the integrity and impartiality of 320
the commission. 321
10. A commissioner or an employee may not directly or 322
indirectly, through staff or other means, solicit anything of 323
value from any person regulated by the commission, or from any 324
business entity that, whether directly or indirectly, is an 325
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affiliate or a subsidiary of any person regulated by the 326
commission, or from any party appearing in a proceeding 327
considered by the commission in the last 2 years. 328
11. A commissioner may not lobby the Governor or any 329
agency of the state, members or employees of the Legislature, or 330
any county or municipal government or governmental agency except 331
to represent the commission in an official capacity. 332
(2) FORMER COMMISSIONERS AND EMPLOYEES.— 333
(b) A commissioner, the executive director, or an employee 334
of the commission may not, for the 2 years immediately following 335
the date of resignation or termination from the commission: 336
1. Hold a permit or license issued under chapter 550, or a 337
license issued under chapter 551 or chapter 849; be an officer, 338
official, or employee of such permitholder or licensee; or be an 339
ultimate equitable owner, as defined in s. 550.002(37), of such 340
permitholder or licensee; or be an employee, associate, owner, 341
or contractor for any person or entity that conducts or 342
facilitates an activity regulated, enforced, or investigated by 343
the commission, including fantasy sports contests and other 344
betting activities; 345
2. Accept employment by or compensation from a business 346
entity that, directly or indirectly, owns or controls a person 347
regulated by the commission; from a person regulated by the 348
commission; from a business entity which, directly or 349
indirectly, is an affiliate or subsidiary of a person regulated 350
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by the commission; or from a business entity or trade 351
association that has been a party to a commission proceeding 352
within the 2 years preceding the member's resignation or 353
termination of service on the commission; or from any person or 354
entity that conducts or facilitates an activity regulated, 355
enforced, or investigated by the commission, including fantasy 356
sports contests and other betting activities; or 357
3. Be a bingo game operator or an employee of a bingo game 358
operator. 359
(c) A person employed by the commission may not, for the 2 360
years immediately following the date of termination or 361
resignation from employment with the commission: 362
1. Hold a permit or license issued under chapter 550, or a 363
license issued under chapter 551 or chapter 849; be an officer, 364
official, or employee of such permitholder or licensee; or be an 365
ultimate equitable owner, as defined in s. 550.002(37), of such 366
permitholder or licensee; or be an employee, associate, owner, 367
or contractor for any person or entity that conducts or 368
facilitates an activity regulated, enforced, or investigated by 369
the commission, including fantasy sports contests and other 370
betting activities; or 371
2. Be a bingo game operator or an employee of a bingo game 372
operator. 373
Section 4. Paragraph (a) of subsections (1) and paragraph 374
(a) of subsection (3) of section 20.055, Florida Statutes, are 375
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amended to read: 376
20.055 Agency inspectors general.— 377
(1) As used in this section, the term: 378
(a) "Agency head" means the Governor, a Cabinet officer, 379
or a secretary or executive director as those terms are defined 380
in s. 20.03, the chair of the Public Service Commission, the 381
Director of the Office of Insurance Regulation of the Financial 382
Services Commission, the Director of the Office of Financial 383
Regulation of the Financial Services Commission, the board of 384
directors of the Florida Housing Finance Corporation, the 385
commissioners chair of the Florida Gaming Control Commission, 386
and the Chief Justice of the State Supreme Court. 387
(3)(a)1. For state agencies under the jurisdiction of the 388
Cabinet or the Governor and Cabinet, or for the Florida Gaming 389
Control Commission, the inspector general shall be appointed by 390
the agency head. For state agencies under the jurisdiction of 391
the Governor, the inspector general shall be appointed by the 392
Chief Inspector General. The agency head or Chief Inspector 393
General shall notify the Governor in writing of his or her 394
intention to hire the inspector general at least 7 days before 395
an offer of employment. The inspector general shall be appointed 396
without regard to political affiliation. 397
2. Within 60 days after a vacancy or anticipated vacancy 398
in the position of inspector general, the agency head or, for 399
agencies under the jurisdiction of the Governor, the Chief 400
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Inspector General, shall initiate a national search for an 401
inspector general and shall set the salary of the inspector 402
general. Effective July 1, 2017, an agency that enters into an 403
employment agreement, or renewal or renegotiation of an existing 404
contract or employment agreement with an inspector general or 405
deputy inspector, may not offer a bonus on work performance in 406
the contract or agreement and the awarding of such bonuses is 407
prohibited. In the event of a vacancy in the position of 408
inspector general, the agency head or, for agencies under the 409
jurisdiction of the Governor, the Chief Inspector General, may 410
appoint other office of inspector general management personnel 411
as interim inspector general until such time as a successor 412
inspector general is appointed. 413
3. A former or current elected official may not be 414
appointed inspector general within 5 years after the end of such 415
individual's period of service. This restriction does not 416
prohibit the reappointment of a current inspector general. 417
Section 5. Present subsections (8) and (9) of section 418
546.10, Florida Statutes, are renumbered as subsections (9) and 419
(10), respectively, and a new subsection (8) is added to that 420
section, to read: 421
546.10 Amusement games or machines.— 422
(8)(a)1. Before purchasing or installing a game or machine 423
on the premises of any veterans' service organization granted a 424
federal charter under Title 36, U.S.C., or a division, a 425
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department, a post, or a chapter of such organization, for which 426
an alcoholic beverage license has been issued, and the veterans' 427
service organization is in doubt about whether a machine meets 428
the definition of an amusement machine under this section, the 429
organization may petition the Florida Gaming Control Commission 430
for a declaratory statement under s. 120.565 on whether the 431
operation of the game or machine complies with this section or 432
chapter 849. An organization awaiting a declaratory statement 433
from the commission may not purchase or install such game or 434
machine until the declaratory statement is issued. 435
2. If there is a game or machine currently on the premises 436
of any veterans' service organization granted a federal charter 437
under Title 36, U.S.C., or a division, a department, a post, or 438
a chapter of such organization, for which an alcoholic beverage 439
license has been issued and the veterans' service organization 440
is in doubt about whether a machine meets the definition of an 441
amusement machine under this section, the organization may 442
petition the commission for a declaratory statement pursuant to 443
s. 120.565 on whether the operation of the game or machine 444
complies with this section or would be a violation of this 445
section or chapter 849. If the game, machine, premises, or 446
organization is the subject of an ongoing criminal 447
investigation, the organization is not entitled to petition the 448
commission for a declaratory statement under this subsection and 449
the commission may deny a petition on such grounds. 450
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3. The commission shall issue a declaratory statement 451
pursuant to this subsection within 60 days after receiving a 452
petition requesting such statement. The commission may not deny 453
a petition that is validly requested pursuant to this subsection 454
and s. 120.565. 455
(b) A petition made under this subsection must provide 456
enough information for the commission to issue the declaratory 457
statement and must be accompanied by the exact specifications 458
for the type of game or machine that the organization will 459
purchase or install or currently has on the premises. The 460
declaratory statement is valid only for the game or machine for 461
which it is requested and is invalid if the specifications for 462
the game or the machine have been changed. 463
(c) The declaratory statement is binding on the commission 464
and may be introduced in any subsequent proceedings as evidence 465
of a good faith effort to comply with this section or chapter 466
849. 467
(d) This subsection does not prevent the commission or any 468
other criminal justice agency as defined in s. 943.045 from 469
detecting, apprehending, and arresting a person for any alleged 470
violation of this chapter, chapter 24, part II of chapter 285, 471
chapter 550, chapter 551, or chapter 849, or any rule adopted 472
pursuant thereto, or of any law of this state. 473
(e) This subsection does not require an owner or an 474
operator of an amusement game or machine under this section to 475
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request or obtain a declaratory statement in order to operate 476
pursuant to this section. 477
Section 6. Subsection (37) of section 550.002, Florida 478
Statutes, is amended to read: 479
550.002 Definitions.—As used in this chapter, the term: 480
(37) "Ultimate equitable owner" means a natural person 481
who, directly or indirectly, owns or controls 5 percent or more 482
of an ownership interest in a corporation, foreign corporation, 483
or alien business organization, regardless of whether such 484
person owns or controls such ownership through one or more 485
natural persons or one or more proxies, powers of attorney, 486
nominees, corporations, associations, partnerships, trusts, 487
joint stock companies, or other entities or devices, or any 488
combination thereof. 489
Section 7. Paragraph (b) of subsection (11) and subsection 490
(12) of section 550.054, Florida Statutes, are amended to read: 491
550.054 Application for permit to conduct pari-mutuel 492
wagering.— 493
(11) 494
(b) If a permit to conduct pari-mutuel wagering is held by 495
a corporation or business entity other than an individual, the 496
transfer of any 10 percent or more of the stock or other 497
evidence of ownership or equity in the permitholder may not be 498
made without the prior approval of the transferee by the 499
commission pursuant to s. 550.1815. 500
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(12) Changes in ownership or interest of a pari-mutuel 501
permit of any 5 percent or more of the stock or other evidence 502
of ownership or equity in the permitholder shall be approved by 503
the commission before prior to such change, unless the owner is 504
an existing owner of that permit who was previously approved by 505
the commission. Changes in ownership or interest of a pari-506
mutuel permit of less than 5 percent shall be reported to the 507
commission within 20 days of the change. The commission may then 508
conduct an investigation related to the request for to ensure 509
that the permit is properly updated to show the change in 510
ownership or interest. 511
Section 8. Subsection (3) of section 550.09512, Florida 512
Statutes, is amended to read: 513
550.09512 Harness horse taxes; abandoned interest in a 514
permit for nonpayment of taxes.— 515
(3)(a) The permit of a harness horse permitholder who is 516
conducting live harness horse performances and who does not pay 517
tax on handle for any such performances conducted during any 2 518
consecutive state fiscal years shall be void and may not be 519
reissued unless such failure to operate and pay tax on handle 520
was the direct result of fire, strike, war, hurricane, pandemic, 521
or other disaster or event beyond the ability of the 522
permitholder to control. Financial hardship to the permitholder 523
shall not, in and of itself, constitute just cause for failure 524
to operate and pay tax on handle. 525
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(b) In order to maximize the tax revenues to the state, 526
the commission shall reissue an escheated harness horse permit 527
to a qualified applicant pursuant to the provisions of this 528
chapter as for the issuance of an initial permit. However, the 529
provisions of this chapter relating to referendum requirements 530
for a pari-mutuel permit shall not apply to the reissuance of an 531
escheated harness horse permit. As specified in the application 532
and upon approval by the commission of an application for the 533
permit, the new permitholder shall be authorized to operate a 534
harness horse facility anywhere in the same county in which the 535
escheated permit was authorized to be operated, notwithstanding 536
the provisions of s. 550.054(2) relating to mileage limitations. 537
Section 9. Subsection (3) of section 550.09515, Florida 538
Statutes, is amended to read: 539
550.09515 Thoroughbred horse taxes; abandoned interest in 540
a permit for nonpayment of taxes.— 541
(3)(a) The permit of a thoroughbred horse permitholder who 542
does not pay tax on handle for live thoroughbred horse 543
performances for a full schedule of live races during any 2 544
consecutive state fiscal years shall be void and shall not be 545
reissued escheat to and become the property of the state unless 546
such failure to operate and pay tax on handle was the direct 547
result of fire, strike, war, or other disaster or event beyond 548
the ability of the permitholder to control. Financial hardship 549
to the permitholder does shall not, in and of itself, constitute 550
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just cause for failure to operate and pay tax on handle. 551
(b) In order to maximize the tax revenues to the state, 552
the commission shall reissue an escheated thoroughbred horse 553
permit to a qualified applicant pursuant to the provisions of 554
this chapter as for the issuance of an initial permit. However, 555
the provisions of this chapter relating to referendum 556
requirements for a pari-mutuel permit shall not apply to the 557
reissuance of an escheated thoroughbred horse permit. As 558
specified in the application and upon approval by the commission 559
of an application for the permit, the new permitholder shall be 560
authorized to operate a thoroughbred horse facility anywhere in 561
the same county in which the escheated permit was authorized to 562
be operated, notwithstanding the provisions of s. 550.054(2) 563
relating to mileage limitations. 564
Section 10. Section 838.12, Florida Statutes, is amended, 565
to read: 566
838.12 Bribery in athletic contests.— 567
(1) A person who Whoever gives, promises, offers or 568
conspires to give, promise or offer, to anyone who participates 569
or expects to participate in any professional or amateur game, 570
contest, match, race or sport; or to any umpire, referee, judge 571
or other official of such game, contest, match, race or sport; 572
or to any owner, manager, coach or trainer of, or to any 573
relative of, or to any person having any direct, indirect, 574
remote or possible connection with, any team, individual, 575
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participant or prospective participant in any such professional 576
or amateur game, contest, match, race or sport, or the officials 577
aforesaid, any bribe, money, goods, present, reward or any 578
valuable thing whatsoever, or any promise, contract or agreement 579
whatsoever, with intent to influence him or her or them to lose 580
or cause to be lost any game, contest, match, race or sport, or 581
to limit his or her or their or any person's or any team's 582
margin of victory in any game, contest, match, race, or sport, 583
or to fix or throw any game, contest, match, race or sport, 584
commits shall be guilty of a felony of the third degree, 585
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 586
(2) Any participant or prospective participant in any 587
professional or amateur game, contest, match, race or sport; or 588
any umpire, referee, judge or other official of such game, 589
contest, match, race or sport; or any owner, manager, coach or 590
trainer of, or any relative of, or any person having any direct, 591
indirect, remote or possible connection with, any team, 592
individual, participant or prospective participant in any such 593
professional or amateur game, contest, match, race or sport, or 594
the officials aforesaid; who in any way solicits, receives or 595
accepts, or agrees to receive or accept, or who conspires to 596
receive or accept, any bribe, money, goods, present, reward or 597
any valuable thing whatsoever, or any promise, contract or 598
agreement whatsoever, with intent to lose or cause to be lost 599
any game, contest, match, race or sport, or to limit his, her, 600
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their or any person's or any team's margin of victory in any 601
game, contest, match, race or sport, or to fix or throw any 602
game, contest, match, race or sport, commits shall be guilty of 603
a felony of the third degree, punishable as provided in s. 604
775.082, s. 775.083, or s. 775.084. 605
(3) A person who stakes, bets, or wagers any money or 606
other thing of value upon the result of any professional or 607
amateur game, contest, match, race, or sport with knowledge that 608
the results of such professional or amateur game, contest, 609
match, race, or sport are prearranged or predetermined as 610
described in subsection (1) or subsection (2) commits a felony 611
of the third degree, punishable as provided in s. 775.082, s. 612
775.083, or s. 775.084. 613
Section 11. Section 849.01, Florida Statutes, is amended 614
to read: 615
849.01 Keeping gambling houses, etc.—A person who Whoever 616
by herself or himself, her or his servant, clerk or agent, or in 617
any other manner has, keeps, exercises or maintains a gaming 618
table or room, or gaming implements or apparatus, or house, 619
booth, tent, shelter or other place for the purpose of gaming or 620
gambling or in any place of which she or he may directly or 621
indirectly have charge, control or management, either 622
exclusively or with others, procures, suffers or permits any 623
person to play for money or other valuable thing at any game 624
whatever, whether heretofore prohibited or not, commits a felony 625
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misdemeanor of the third second degree, punishable as provided 626
in s. 775.082, or s. 775.083, or s. 775.084. 627
Section 12. Section 849.02, Florida Statutes, is amended 628
to read: 629
849.02 Agents or employees of keeper of gambling house.—A 630
person who Whoever acts as servant, clerk, agent, or employee of 631
any person in the violation of s. 849.01 commits: 632
(1) For a first offense, a misdemeanor of the first 633
degree, punishable as provided in s. 775.082 or s. 775.083. 634
(2) For a second offense, a felony of the third degree, 635
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 636
(3) For a third or subsequent offense, a felony of the 637
second degree, punishable as provided in s. 775.082, s. 775.083, 638
or s. 775.084 shall be punished in the manner and to the extent 639
therein mentioned. 640
Section 13. Section 849.021, Florida Statutes, is created 641
to read: 642
849.021 Government employee misconduct.— 643
(1) As used in this section, the term: 644
(a) "Government employee" means any person employed by, or 645
acting on behalf of the state or any political subdivision 646
thereof. 647
(b) "Political subdivision" means a county, municipality, 648
department, commission, district, board, or other public body, 649
whether corporate or otherwise, created by or under state law. 650
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(2) Any government employee who knowingly certifies, 651
licenses, approves, aids, facilitates, or conceals the operation 652
of a gambling house in violation of s. 849.01, commits: 653
(a) For a first offense, a felony of the third degree, 654
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 655
(b) For a second or subsequent offense, a felony of the 656
second degree, punishable as provided in s. 775.082, s. 775.083, 657
or s. 775.084. 658
(3) This section does not apply to any person who is 659
acting in the scope of his or her employment and, in good faith, 660
reports suspected violations of chapter 849 to law enforcement 661
or regulatory agencies. 662
Section 14. Section 849.023, Florida Statutes, is created 663
to read: 664
849.023 Licensure disqualifying offenses; corporate 665
shielding prohibited.— 666
(1) DEFINITIONS.—As used in this section, the term: 667
(a) "Controlling person" means: 668
1. A corporate officer or director, or, if a limited 669
liability company, manager of the licensee or applicant for a 670
license; 671
2. A general partner, member, or owner of more than 5 672
percent of any equity interest, direct or indirect, in the 673
licensee or applicant; or 674
3. An owner of any interest in the licensee or applicant, 675
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including any immediate family member of the owner, or holder of 676
any debt, mortgage, contract, or concession from the licensee or 677
applicant, who by virtue thereof is able to control the business 678
of the licensee or applicant. 679
(b) "Conviction" means a determination of guilt which is 680
the result of a plea or trial, regardless of whether 681
adjudication is withheld or a plea of nolo contendere is 682
entered. 683
(c) "License" has the same meaning as in s. 120.52 and is 684
issued by: 685
1. The Department of Business and Professional Regulation, 686
pursuant to chapter 509, chapter 561, chapter 562, chapter 563, 687
chapter 564, chapter 565, chapter 567, chapter 568, or chapter 688
569; 689
2. The Florida Gaming Control Commission pursuant to 690
chapter 550, chapter 551, or s. 849.086; or 691
3. The Office of Financial Regulation pursuant to chapter 692
560. 693
(d) "Licensee" means a holder of a license. 694
(e) "Owner" means a sole member or owner of 100 percent of 695
any equity interest, direct or indirect, in the licensee or 696
applicant. 697
(2) PENALTIES.— 698
(a)1. Pursuant to s. 120.60(6) and notwithstanding any 699
other provision of law specified in subsection (1), a violation 700
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of s. 849.01, s. 849.03, or s. 849.15 is deemed to constitute an 701
immediate and serious danger to the public health, safety, and 702
welfare, and the Department of Business and Professional 703
Regulation, the Florida Gaming Control Commission, or the Office 704
of Financial Regulation, respectively, may summarily suspend the 705
license of any person convicted of a violation of s. 849.01, s. 706
849.03, or s. 849.15, regardless of adjudication, or any 707
business entity if its controlling person or sole owner is 708
convicted of a violation of s. 849.01, s. 849.03, or s. 849.15, 709
regardless of adjudication. 710
2. In addition to any other penalty provided by law, a 711
licensee or an applicant, may have a license revoked or any 712
application thereof denied or not reissued, if the licensee or 713
applicant, the controlling person of the licensee or applicant, 714
or the sole owner of the licensee or applicant is convicted of a 715
violation of s. 849.01, s. 849.03, or s. 849.15, regardless of 716
adjudication. 717
3.a. Notwithstanding subparagraph 2., a licensee or 718
applicant may retain, apply for, and be reissued a license if 719
the license-issuing agency specified in paragraph (1)(c) finds 720
that such licensee has removed a controlling person from the 721
business. 722
b. Notwithstanding this paragraph, any licensee is subject 723
to a fine up to $75,000 for any conviction of a violation of s. 724
849.01, s. 849.03, or s. 849.15, regardless of adjudication. 725
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726
Section 15. Section 849.03, Florida Statutes, is amended 727
to read: 728
849.03 Renting house for gambling purposes.—A person who 729
Whoever, whether as owner or agent, knowingly rents to another a 730
house, room, booth, tent, shelter or place for the purpose of 731
gaming commits: 732
(1) For a first offense, a felony of the third degree, 733
punishable as provided in s. 775.082, s. 775.083, or s. 775.084 734
shall be punished in the manner and to the extent mentioned in 735
s. 849.01. 736
(2) For a second or subsequent offense, a felony of the 737
second degree, punishable as provided in s. 775.082, s. 775.083, 738
or s. 775.084. 739
Section 16. Section 849.08, Florida Statutes, is amended 740
to read: 741
849.08 Gambling.— 742
(1) As used in this section, the term: 743
(a) "Illegal gambling" means any criminal violation of 744
chapter 546, chapter 550, or chapter 551, or this chapter that 745
occurs at any business, establishment, premises, or other 746
location. 747
(b) "Internet gambling" means to play or engage in any 748
game in which money or other thing of value is awarded based on 749
chance, regardless of any application of skill, that is 750
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available on the Internet and accessible on a mobile device, 751
computer terminal, or other similar access device and simulates 752
casino-style gaming, including, but not limited to, slot 753
machines, video poker, and table games. 754
(c) "Internet sports wagering" means to use a platform 755
that is available on the Internet and accessible on a mobile 756
device, computer terminal, or other similar access device to 757
stake, bet, or wager any money or other thing of value upon the 758
result of any trial or contest of skill, speed, power, or 759
endurance of human or beast. The term does not include fantasy 760
sports contests as defined in s. 849.0932 or any activity 761
conducted pursuant to chapter 550. 762
(2) A person who Whoever plays or engages in Internet 763
gambling or any game at cards, keno, roulette, faro or other 764
game of chance, at any place, by any device whatever, for money 765
or other thing of value, commits shall be guilty of a 766
misdemeanor of the second degree, punishable as provided in s. 767
775.082 or s. 775.083. 768
(3) A person who plays or engages in Internet sports 769
wagering commits: 770
(a) For a first offense, a misdemeanor of the second 771
degree, punishable as provided in s. 775.082 or s. 775.083. 772
(b) For a second or subsequent offense, a misdemeanor of 773
the first degree, punishable as provided in s. 775.082 or s. 774
775.083. 775
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(4) A person who operates, conducts, or promotes illegal 776
gambling, Internet gambling or Internet sports wagering, or 777
receives in any manner whatsoever any money or other thing of 778
value offered for the purpose of illegal gambling, Internet 779
gambling or Internet sports wagering, or who knowingly becomes 780
the custodian or depositary of any money or other thing of value 781
so offered, or who aids, assists, abets, or influences in any 782
manner in any of such acts commits a felony of the third degree, 783
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 784
(5) This section does not apply to participation in, or 785
the conduct of, any gaming activities authorized under s. 786
285.710(13) and conducted pursuant to a gaming compact ratified 787
and approved under s. 285.710(3), or any gaming activities 788
authorized under chapter 550. 789
Section 17. Paragraph (e) is added to subsection (12) of 790
section 849.086, Florida Statutes, to read: 791
849.086 Cardrooms authorized.— 792
(12) PROHIBITED ACTIVITIES.— 793
(e) A person who, by physical tampering or by use of any 794
object, instrument, or device, whether mechanical, electrical, 795
magnetic, or involving other means, manipulates or attempts to 796
manipulate playing cards for the purpose of affecting the 797
outcome or payoff of a card game in a licensed cardroom, or 798
otherwise manipulates or attempts to manipulate the outcome or 799
payoff of such a card game, commits a felony of the third 800
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degree, punishable as provided in s. 775.082, s. 775.083, or s. 801
775.084. 802
Section 18. Section 849.0932, Florida Statutes, is created 803
to read: 804
849.0932 Fantasy sports contests; conditions for conduct.— 805
(1) As used in this section, the term "fantasy sports 806
contest" means a contest in which a participant pays an entry 807
fee and manages a fantasy or simulation sports team composed of 808
athletes from a professional sports organization with the 809
opportunity to win a cash prize. The term includes a simulation 810
sports game. 811
(2) Fantasy sports contests must meet all of the following 812
requirements: 813
(a) Prizes and awards for the winning participants are 814
established and disclosed to contest participants before entry. 815
(b) All winning outcomes reflect the relative knowledge 816
and skill of the fantasy sports contest participant. 817
(c) All winning outcomes are determined predominantly by 818
accumulated statistical results of the performance of more than 819
one individual. 820
(d) A winning outcome may not be based on: 821
1. The score, point spread, or performance of a team or 822
combination of teams. 823
2. The single performance of an individual in a single 824
event or a pari-mutuel event, as the term "pari-mutuel" is 825
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defined in s. 550.002 as of January 1, 2026. 826
3. A game of poker or other card game. 827
4. The performance of participants in collegiate, high 828
school, or youth sporting events. 829
(e) Casino graphics, themes, or titles, including, but not 830
limited to, depictions of slot machine-style symbols, cards, 831
dice, craps, roulette, or lotto, are not displayed or depicted. 832
(3)(a) A violation of this section is punishable by a fine 833
of $1,000 in addition to civil and criminal penalties. 834
(b) An operator or owner of any website, platform, or 835
application that offers fantasy sports contests in violation of 836
this section is punishable by a fine of up to $100,000 per 837
violation. 838
(4) The Florida Gaming Control Commission shall 839
investigate and refer violations of this section for 840
prosecution. The Attorney General or state attorney may also 841
institute proceedings to enjoin any person found to be violating 842
this section. 843
(5)(a) A person who willfully and knowingly violates any 844
provision of this section commits a misdemeanor of the first 845
degree, punishable as provided in s. 775.082 or s. 775.083. 846
(b) An operator or owner of any website, platform, or 847
application that offers fantasy sports contests in violation of 848
this section commits a felony of the third degree, punishable as 849
provided in s. 775.082, s. 775.083, or s. 775.084. 850
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Section 19. Section 849.11, Florida Statutes, is amended 851
to read: 852
849.11 Plays at games of chance by lot.— 853
(1) A person who Whoever sets up, promotes or plays in 854
person or in any other manner, including, but not limited to, by 855
the use, at least in part, of the Internet, at any game of 856
chance by lot or with dice, cards, numbers, hazards or any other 857
gambling device whatever for, or for the disposal of money or 858
other thing of value or under the pretext of a sale, gift or 859
delivery thereof, or for any right, share or interest therein, 860
commits shall be guilty of a misdemeanor of the second degree, 861
punishable as provided in s. 775.082 or s. 775.083. 862
(2) A person who sets up, operates, conducts, promotes, or 863
receives in any manner whatsoever any money or other thing of 864
value offered for the purpose of playing at any game of chance 865
by lot in violation of subsection (1), or who knowingly becomes 866
the custodian or depositary of any money or other thing of value 867
so offered, or who aids, assists, abets, or influences in any 868
manner in any of such acts, commits a felony of the third 869
degree, punishable as provided in s. 775.082, s. 775.083, or s. 870
775.084. 871
Section 20. Section 849.13, Florida Statutes, is amended 872
to read: 873
849.13 Punishment on Second or subsequent offense in 874
connection with lotteries conviction.—A person who commits a 875
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second or subsequent violation of the same Whoever, after being 876
convicted of an offense forbidden by law in connection with 877
lotteries for which there is no penalty specified for a second 878
or subsequent offense, shall have the offense reclassified to an 879
offense of the next higher degree, commits the like offense, 880
shall be guilty of a misdemeanor of the first degree, punishable 881
as provided in s. 775.082 or s. 775.083. For purposes of 882
sentencing under chapter 921, a felony offense that is 883
reclassified under this section is ranked one level above the 884
ranking under s. 921.0022 or s. 921.0023 of the felony offense 885
committed. 886
Section 21. Section 849.14, Florida Statutes, is amended 887
to read: 888
849.14 Unlawful to bet on result of trial or contest of 889
skill, etc.—A person who: 890
(1) Whoever Stakes, bets, or wagers any money or other 891
thing of value upon the result of any trial or contest of skill, 892
speed or power or endurance of human or beast; 893
(2) , or whoever Receives in any manner whatsoever any 894
money or other thing of value staked, bet, or wagered, or 895
offered for the purpose of being staked, bet, or wagered, by or 896
for any other person upon any such result; 897
(3) , or whoever Knowingly becomes the custodian or 898
depositary of any money or other thing of value so staked, bet, 899
or wagered upon any such result;, or 900
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(4) whoever Aids, or assists, or abets, or influences in 901
any manner in any of such acts, 902
903
all of which are hereby forbidden, commits a felony of the third 904
degree, punishable as provided in s. 775.082, or s. 775.083, or 905
s. 775.084. 906
Section 22. Section 849.142, Florida Statutes, is 907
repealed. 908
Section 23. Section 849.15, Florida Statutes, is amended 909
to read: 910
849.15 Manufacture, sale, possession, etc., of slot 911
machines or devices prohibited.— 912
(1) As used in this section, the term: 913
(a) "Conviction" means a determination of guilt that is 914
the result of a plea or a trial, regardless of whether 915
adjudication is withheld or a plea of nolo contendere is 916
entered. 917
(b) "Part thereof" means any equipment, subassembly, or 918
other part of a slot machine or device, whether attached to the 919
slot machine or device or separate therefrom, that was used, 920
attempted to be used, or intended to be used in connection with 921
the play or operation of the slot machine or device. 922
(c) "Person of authority" means a person who, at any 923
business, establishment, premises, or other location at which a 924
slot machine or device is offered for play: 925
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1. Has actual authority to act on behalf of the business, 926
establishment, premises, or other location; or 927
2. Is an officer, director, or managing member of the 928
business, establishment, premises, or other location. 929
(2)(1) It is unlawful: 930
(a) To manufacture, own, store, keep, possess, sell, rent, 931
lease, let on shares, lend or give away, transport, or expose 932
for sale or lease, or to offer to sell, rent, lease, let on 933
shares, lend or give away, or permit the operation of, or for 934
any person to permit to be placed, maintained, or used or kept 935
in any room, space, or building owned, leased or occupied by the 936
person or under the person's management or control, any slot 937
machine or device or any part thereof; or 938
(b) To make or to permit to be made with any person any 939
agreement with reference to any slot machine or device, pursuant 940
to which the user thereof, as a result of any element of chance 941
or other outcome unpredictable to him or her, may become 942
entitled to receive any money, credit, allowance, or thing of 943
value or additional chance or right to use such machine or 944
device, or to receive any check, slug, token or memorandum 945
entitling the holder to receive any money, credit, allowance or 946
thing of value. 947
(3)(a) Except as provided in paragraphs (b) and (c), a 948
person who violates subsection (2) commits a misdemeanor of the 949
first degree, punishable as provided in s. 775.082 or s. 950
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775.083. 951
(b) A person commits a felony of the third degree, 952
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 953
if he or she violates subsection (2) and: 954
1. Was a person of authority at the time of the violation; 955
or 956
2. Has one prior conviction for a violation of subsection 957
(2). 958
(c) A person commits a felony of the second 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.a. Was a person of authority at the time of the 962
violation; and 963
b. The violation involves five or more slot machines or 964
devices; or 965
2. Has two or more prior convictions for a violation of 966
subsection (2). 967
(4)(2) Pursuant to section 2 of that chapter of the 968
Congress of the United States entitled "An act to prohibit 969
transportation of gaming devices in interstate and foreign 970
commerce," approved January 2, 1951, being ch. 1194, 64 Stat. 971
1134, and also designated as 15 U.S.C. ss. 1171-1177, the State 972
of Florida, acting by and through the duly elected and qualified 973
members of its Legislature, does hereby in this section, and in 974
accordance with and in compliance with the provisions of section 975
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2 of such chapter of Congress, declare and proclaim that any 976
county of the State of Florida within which slot machine gaming 977
is authorized pursuant to chapter 551 is exempt from the 978
provisions of section 2 of that chapter of the Congress of the 979
United States entitled "An act to prohibit transportation of 980
gaming devices in interstate and foreign commerce," designated 981
as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All 982
shipments of gaming devices, including slot machines, into any 983
county of this state within which slot machine gaming is 984
authorized pursuant to chapter 551 and the registering, 985
recording, and labeling of which have been duly performed by the 986
manufacturer or distributor thereof in accordance with sections 987
3 and 4 of that chapter of the Congress of the United States 988
entitled "An act to prohibit transportation of gaming devices in 989
interstate and foreign commerce," approved January 2, 1951, 990
being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. 991
ss. 1171-1177, shall be deemed legal shipments thereof into this 992
state provided the destination of such shipments is an eligible 993
facility as defined in s. 551.102 or the facility of a slot 994
machine manufacturer or slot machine distributor as provided in 995
s. 551.109(2)(a). 996
Section 24. Section 849.155, Florida Statutes, is created 997
to read: 998
849.155 Trafficking in slot machines, devices, or parts.—A 999
person who knowingly sells, purchases, manufactures, transports, 1000
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delivers, or brings into this state more than 15 slot machines 1001
or devices or any part thereof commits a felony of the first 1002
degree, punishable as provided in s. 775.082, s. 775.083, or s. 1003
775.084. As used in this section, the term "part thereof" has 1004
the same meaning as in s. 849.15. If the quantity of slot 1005
machines or devices or any part thereof involved is: 1006
(1) More than 15 slot machines or devices or any part 1007
thereof, but less than 25 slot machines or devices or any part 1008
thereof, such person must be fined $100,000. 1009
(2) Twenty-five slot machines or devices or any part 1010
thereof or more, but less than 50 slot machines or devices or 1011
any part thereof, such person must be fined $250,000. 1012
(3) Fifty slot machines or devices or any part thereof or 1013
more, such person must be fined $500,000. 1014
1015
Notwithstanding any other law, all fines imposed and collected 1016
pursuant to this section must be deposited into the Pari-mutuel 1017
Wagering Trust Fund and may be used for the enforcement of 1018
chapters 546, 550, 551, and this chapter by the Florida Gaming 1019
Control Commission. 1020
Section 25. Section 849.157, Florida Statutes, is created 1021
to read: 1022
849.157 Making a false or misleading statement regarding 1023
the legality of slot machines or devices to facilitate sale.— 1024
(1) Except as provided in subsection (2), a person who 1025
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knowingly and willfully makes a materially false or misleading 1026
statement or who knowingly and willfully disseminates false or 1027
misleading information regarding the legality of a slot machine 1028
or device for the purpose of facilitating the sale or delivery 1029
of a slot machine or device for any money or other valuable 1030
consideration commits a felony of the third degree, punishable 1031
as provided in s. 775.082, s. 775.083, or s. 775.084. 1032
(2) A person who violates subsection (1), when such a 1033
violation involves the sale or delivery, or attempted sale or 1034
delivery, of five or more slot machines or devices commits a 1035
felony of the second degree, punishable as provided in s. 1036
775.082, s. 775.083, or s. 775.084. 1037
Section 26. Section 849.181, Florida Statutes, is created 1038
to read: 1039
849.181 Destruction of Excess Machines.— 1040
(1) It is the intent of the Legislature to protect the 1041
public health, safety, and welfare of the residents of the state 1042
by removing slot machines or devices within the meaning of s. 1043
849.16 from public circulation and preventing the warehousing of 1044
large quantities of such slot machines or devices. 1045
(2) Definitions. As used in this section, the term: 1046
(a) "Criminal justice agency" has the same meaning as 1047
provided in s. 943.045. 1048
(b) "Excess slot machines" means more than five slot 1049
machines seized during an investigation. 1050
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(c) "Slot machine" has the same meaning as the term "slot 1051
machine or device" provided in s. 849.16 and includes the 1052
definition of the term "part thereof" as provided in s. 849.15. 1053
(3) Notwithstanding any other provision of law, a criminal 1054
justice agency having custody of excess slot machines may 1055
destroy such excess slot machines during the pendency of any 1056
related legal proceedings or ongoing criminal investigations, 1057
provided that such criminal justice agency: 1058
(a) Retains at least five slot machines seized during an 1059
investigation until such time as the slot machines may be 1060
destroyed as provided in s. 849.18; 1061
(b) Notifies the appropriate United States Attorney or 1062
assistant United States Attorney, the responsible state or local 1063
prosecutor, or a criminal justice agency conducting a criminal 1064
investigation, that the excess slot machines will be destroyed 1065
after 60 days from the date notice is provided, unless the 1066
entity receiving the notice under this paragraph requests the 1067
criminal justice agency in writing not to destroy the excess 1068
slot machines; 1069
(c) Photographs and takes a video recording of each excess 1070
slot machine prior to its destruction to serve as evidentiary 1071
exhibits for use at trial. Any photograph or video recording 1072
shall include a written description of the name of the person 1073
such slot machine was taken from, the location where the slot 1074
machine was located, the name of the investigating law 1075
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enforcement officer, the date the photograph or video recording 1076
was taken, and the name of the photographer or videographer. 1077
Such writing shall be made under oath by the investigating law 1078
enforcement officer, and the photograph and video recording 1079
shall be authenticated by the photographer's or videographer's 1080
signature; 1081
(d) Destroys each excess slot machine in the presence of a 1082
law enforcement officer, who shall create written sworn 1083
documentation of the date, time, location, and number of excess 1084
slot machines destroyed; and 1085
(e) Maintains such written sworn documentation created by 1086
the witnessing law enforcement officer under paragraph (d) as 1087
required under s. 119.021. 1088
(4) In any prosecution for a violation of this chapter, a 1089
photograph and video recording of an excess slot machine 1090
captured and documented pursuant to paragraph (c) may be deemed 1091
competent evidence and may be admissible in the prosecution to 1092
the same extent as if such excess slot machine were physically 1093
introduced as evidence. 1094
(5) If any provision of this section or its application to 1095
any person or circumstance is held invalid, the invalidity does 1096
not affect other provisions or applications of this section or 1097
chapter which can be given effect without the invalid provision 1098
or application, and to this end, the provisions of this section 1099
are severable. 1100
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Section 27. Section 849.23, Florida Statutes, is repealed. 1101
Section 28. Section 849.47, Florida Statutes, is created 1102
to read: 1103
849.47 Transporting or procuring the transportation of 1104
persons to facilitate illegal gambling.— 1105
(1) As used in this section, the term "illegal gambling" 1106
means any criminal violation of chapter 546, chapter 550, or 1107
chapter 551, or this chapter that occurs at any business, 1108
establishment, premises, or other location. 1109
(2) Except as provided in subsection (3), a person who 1110
knowingly and willfully transports, or procures the 1111
transportation of, five or more other persons into or within 1112
this state when he or she knows or reasonably should know that 1113
such transportation is for the purpose of facilitating illegal 1114
gambling commits a misdemeanor of the first degree, punishable 1115
as provided in s. 775.082 or s. 775.083. 1116
(3)(a) A person who transports, or procures the 1117
transportation of, a minor or a person 65 years of age or older 1118
in violation of subsection (2) commits a felony of the third 1119
degree, punishable as provided in s. 775.082, s. 775.083, or s. 1120
775.084. 1121
(b) A person who transports, or procures the 1122
transportation of, 12 or more persons in violation of subsection 1123
(2) commits a felony of the third degree, punishable as provided 1124
in s. 775.082, s. 775.083, or s. 775.084. 1125
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(c) A person who commits a second or subsequent violation 1126
of subsection (2) within 2 years from the date of the 1127
conviction, regardless of adjudication, commits a felony of the 1128
third degree, punishable as provided in s. 775.082, s. 775.083, 1129
or s. 775.084. 1130
Section 29. Section 849.48, Florida Statutes, is created 1131
to read: 1132
849.48 Gambling or gaming advertisements; prohibited.— 1133
(1) As used in this section, the term "illegal gambling" 1134
means any criminal violation of this chapter, chapter 546, 1135
chapter 550, or chapter 551 which occurs at any business, 1136
establishment, premises, or other location. 1137
(2)(a) Except as otherwise specifically authorized by law, 1138
a person may not knowingly and intentionally make, publish, 1139
disseminate, circulate, or place before the public, or cause, 1140
directly or indirectly, to be made, published, disseminated, 1141
circulated, or placed before the public in this state, in any 1142
manner, whether in person or by the use, at least in part, of 1143
the Internet, any advertisement, circular, bill, poster, 1144
pamphlet, list, schedule, announcement, or notice for the 1145
purpose of promoting or facilitating illegal gambling. 1146
(b) Except as otherwise specifically authorized by law, a 1147
person may not set up any type or plate for any type of 1148
advertisement, circular, bill, poster, pamphlet, list, schedule, 1149
announcement, or notice when he or she knows or reasonably 1150
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should know that such material will be used for the purpose of 1151
promoting or facilitating illegal gambling. 1152
(c) A person who violates this subsection commits: 1153
1. For a first offense, a misdemeanor of the first degree, 1154
punishable as provided in s. 775.082 or s. 775.083. 1155
2. For a second or subsequent offense, a felony of the 1156
third degree, punishable as provided in s. 775.082, s. 775.083, 1157
or s. 775.084. 1158
(3) This section does not prohibit the printing or 1159
producing of any advertisement, circular, bill, poster, 1160
pamphlet, list, schedule, announcement, or notice to be used for 1161
the purpose of promoting or facilitating gambling conducted in 1162
any other state or nation, outside of this state, where such 1163
gambling is not prohibited. 1164
Section 30. Section 849.49, Florida Statutes, is created 1165
to read: 1166
849.49 Preemption.—A county, municipality, or other 1167
political subdivision of the state may not enact or enforce any 1168
ordinance or local rule related to gaming, gambling, lotteries, 1169
or any activities described in s. 546.10 or this chapter which 1170
is less restrictive than state law. 1171
Section 31. Section 849.50, Florida Statutes, is created 1172
to read: 1173
849.50 Limited Gaming Device Surrender Program.— 1174
(1) The Legislature finds that illegal gaming operations 1175
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not only undermine public trust, but also expose Floridians to 1176
organized criminal conduct, financial exploitation, and a host 1177
of other social harms. Furthermore, the Legislature finds that 1178
certain persons or entities owning, storing, keeping, 1179
possessing, transporting, permitting the operation of, or 1180
otherwise offering illegal gaming devices for play may have been 1181
misled regarding the legality of the otherwise illegal gaming 1182
devices. Therefore, the Legislature finds that there is a 1183
compelling state interest in creating a limited period of time 1184
in which otherwise illegal gaming devices may be surrendered 1185
without penalty to ensure such illegal gaming devices do not 1186
remain in circulation. 1187
(2) The Florida Gaming Control Commission shall organize, 1188
coordinate, and execute a statewide program in which individuals 1189
and organizations can handover, surrender, or otherwise disclaim 1190
any and all interest in any gaming devices, and convey such 1191
gaming devices to the commission. Such conveyance is irrevocable 1192
and final. 1193
(3) Any individual or organization that conveys a gaming 1194
device to the commission as described in this section, that is 1195
not already facing legal charges based on such possession, shall 1196
not face criminal prosecution for possession of such devices 1197
related to any of the devices conveyed to the commission. 1198
(4) The statewide program described in subsection (2) 1199
shall begin no less than 30 days before October 1, 2026, and end 1200
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on October 1, 2026. 1201
(5) The commission shall advertise the program described 1202
in this section no less than 60 days before October 1, 2026. 1203
(6) No person or entity shall have any right, title, or 1204
interest in such property conveyed to the commission pursuant to 1205
this section. 1206
(7) The commission may execute memorandums of 1207
understanding with other criminal justice agencies to facilitate 1208
this section. 1209
Section 32. Subsection (2) of section 903.046, Florida 1210
Statutes, is amended to read: 1211
903.046 Purpose of and criteria for bail determination.— 1212
(2) When determining whether to release a defendant on 1213
bail or other conditions, and setting the amount of such what 1214
that bail or other those conditions may be, the court shall 1215
consider: 1216
(a) The nature and circumstances of the offense charged. 1217
(b) The weight of the evidence against the defendant. 1218
(c) The defendant's family ties, length of residence in 1219
the community, immigration status, employment history, financial 1220
resources, and mental condition. 1221
(d) The defendant's past and present conduct, including 1222
any record of convictions, previous flight to avoid prosecution, 1223
or failure to appear at court proceedings. However, any 1224
defendant who had failed to appear on the day of any required 1225
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court proceeding in the case at issue, but who had later 1226
voluntarily appeared or surrendered, shall not be eligible for a 1227
recognizance bond; and any defendant who failed to appear on the 1228
day of any required court proceeding in the case at issue and 1229
who was later arrested shall not be eligible for a recognizance 1230
bond or for any form of bond which does not require a monetary 1231
undertaking or commitment equal to or greater than $2,000 or 1232
twice the value of the monetary commitment or undertaking of the 1233
original bond, whichever is greater. Notwithstanding anything in 1234
this section, the court has discretion in determining conditions 1235
of release if the defendant proves circumstances beyond his or 1236
her control for the failure to appear. This section may not be 1237
construed as imposing additional duties or obligations on a 1238
governmental entity related to monetary bonds. 1239
(e) The nature and probability of danger which the 1240
defendant's release poses to the community. 1241
(f) The source of funds used to post bail or procure an 1242
appearance bond, particularly whether the proffered funds, real 1243
property, property, or any proposed collateral or bond premium 1244
may be linked to or derived from the crime alleged to have been 1245
committed or from any other criminal or illicit activities. The 1246
burden of establishing the noninvolvement in or nonderivation 1247
from criminal or other illicit activity of such proffered funds, 1248
real property, property, or any proposed collateral or bond 1249
premium falls upon the defendant or other person proffering them 1250
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to obtain the defendant's release. 1251
(g) Whether the defendant is already on release pending 1252
resolution of another criminal proceeding or on probation, 1253
parole, or other release pending completion of a sentence. 1254
(h) The street value of any drug or controlled substance 1255
connected to or involved in the criminal charge. It is the 1256
finding and intent of the Legislature that crimes involving 1257
drugs and other controlled substances are of serious social 1258
concern, that the flight of defendants to avoid prosecution is 1259
of similar serious social concern, and that frequently such 1260
defendants are able to post monetary bail using the proceeds of 1261
their unlawful enterprises to defeat the social utility of 1262
pretrial bail. Therefore, the courts should carefully consider 1263
the utility and necessity of substantial bail in relation to the 1264
street value of the drugs or controlled substances involved. 1265
(i) The amount of currency seized that is connected to or 1266
involved in a violation of chapter 546, chapter 550, chapter 1267
551, or chapter 849. 1268
(j)(i) The nature and probability of intimidation and 1269
danger to victims. 1270
(k)(j) Whether there is probable cause to believe that the 1271
defendant committed a new crime while on pretrial release. 1272
(l)(k) Any other facts that the court considers relevant. 1273
(m)(l) Whether the crime charged is a violation of chapter 1274
874 or alleged to be subject to enhanced punishment under 1275
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chapter 874 or reclassification under s. 843.22. If any such 1276
violation is charged against a defendant or if the defendant is 1277
charged with a crime that is alleged to be subject to such 1278
enhancement or reclassification, he or she is not eligible for 1279
release on bail or surety bond until the first appearance on the 1280
case in order to ensure the full participation of the prosecutor 1281
and the protection of the public. 1282
(n)(m) Whether the defendant, other than a defendant whose 1283
only criminal charge is a misdemeanor offense under chapter 316, 1284
is required to register as a sexual offender under s. 943.0435 1285
or a sexual predator under s. 775.21; and, if so, he or she is 1286
not eligible for release on bail or surety bond until the first 1287
appearance on the case in order to ensure the full participation 1288
of the prosecutor and the protection of the public. 1289
Section 33. Paragraphs (a), (c), (e), and (g) of 1290
subsection (3) of section 921.0022, Florida Statutes, are 1291
amended to read: 1292
921.0022 Criminal Punishment Code; offense severity 1293
ranking chart.— 1294
(3) OFFENSE SEVERITY RANKING CHART 1295
(a) LEVEL 1 1296
1297
Florida
Statute
Felony
Degree Description
1298
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24.118(3)(a) 3rd Counterfeit or altered state
lottery ticket.
1299
104.0616(2) 3rd Unlawfully distributing,
ordering, requesting,
collecting, delivering, or
possessing vote-by-mail
ballots.
1300
212.054(2)(b) 3rd Discretionary sales surtax;
limitations, administration,
and collection.
1301
212.15(2)(b) 3rd Failure to remit sales taxes,
amount $1,000 or more but less
than $20,000.
1302
316.1935(1) 3rd Fleeing or attempting to elude
law enforcement officer.
1303
319.30(5) 3rd Sell, exchange, give away
certificate of title or
identification number plate.
1304
319.35(1)(a) 3rd Tamper, adjust, change, etc.,
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an odometer.
1305
320.26(1)(a) 3rd Counterfeit, manufacture, or
sell registration license
plates or validation stickers.
1306
322.212
(1)(a)-(c)
3rd Possession of forged, stolen,
counterfeit, or unlawfully
issued driver license;
possession of simulated
identification.
1307
322.212(4) 3rd Supply or aid in supplying
unauthorized driver license or
identification card.
1308
322.212(5)(a) 3rd False application for driver
license or identification card.
1309
414.39(3)(a) 3rd Fraudulent misappropriation of
public assistance funds by
employee/official, value more
than $200.
1310
443.071(1) 3rd False statement or
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representation to obtain or
increase reemployment
assistance benefits.
1311
509.151(1) 3rd Defraud an innkeeper, food or
lodging value $1,000 or more.
1312
517.302(1) 3rd Violation of the Florida
Securities and Investor
Protection Act.
1313
713.69 3rd Tenant removes property upon
which lien has accrued, value
$1,000 or more.
1314
812.014(3)(c) 3rd Petit theft (3rd conviction);
theft of any property not
specified in subsection (2).
1315
815.04(4)(a) 3rd Offense against intellectual
property (i.e., computer
programs, data).
1316
817.52(2) 3rd Hiring with intent to defraud,
motor vehicle services.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1317
817.569(2) 3rd Use of public record or public
records information or
providing false information to
facilitate commission of a
felony.
1318
826.01 3rd Bigamy.
1319
828.122(3) 3rd Fighting or baiting animals.
1320
831.04(1) 3rd Any erasure, alteration, etc.,
of any replacement deed, map,
plat, or other document listed
in s. 92.28.
1321
831.31(1)(a) 3rd Sell, deliver, or possess
counterfeit controlled
substances, all but s.
893.03(5) drugs.
1322
832.041(1) 3rd Stopping payment with intent to
defraud $150 or more.
1323
832.05(2)(b) & 3rd Knowing, making, issuing
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(4)(c) worthless checks $150 or more
or obtaining property in return
for worthless check $150 or
more.
1324
838.15(2) 3rd Commercial bribe receiving.
1325
838.16 3rd Commercial bribery.
1326
843.18 3rd Fleeing by boat to elude a law
enforcement officer.
1327
847.011(1)(a) 3rd Sell, distribute, etc.,
obscene, lewd, etc., material
(2nd conviction).
1328
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.
1329
849.23 3rd Gambling-related machines;
"common offender" as to
property rights.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1330
849.25(2) 3rd Engaging in bookmaking.
1331
860.08 3rd Interfere with a railroad
signal.
1332
860.13(1)(a) 3rd Operate aircraft while under
the influence.
1333
893.13(2)(a)2. 3rd Purchase of cannabis.
1334
893.13(6)(a) 3rd Possession of cannabis (more
than 20 grams).
1335
934.03(1)(a) 3rd Intercepts, or procures any
other person to intercept, any
wire or oral communication.
1336
(c) LEVEL 3 1337
1338
Florida
Statute
Felony
Degree Description
1339
119.10(2)(b) 3rd Unlawful use of confidential
information from police
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
reports.
1340
316.066
(3)(b)-(d)
3rd Unlawfully obtaining or using
confidential crash reports.
1341
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1342
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in
patrol vehicle with siren and
lights activated.
1343
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
1344
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
1345
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
1346
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
forged, or unlawfully obtained
title or registration.
1347
327.35(2)(b) 3rd Felony BUI.
1348
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.
1349
328.07(4) 3rd Manufacture, exchange, or
possess vessel with counterfeit
or wrong ID number.
1350
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
1351
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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
violation of the Marine Turtle
Protection Act.
1352
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.
1353
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
violation of the Marine Turtle
Protection Act.
1354
400.9935(4)(a)
or (b)
3rd Operating a clinic, or offering
services requiring licensure,
without a license.
1355
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
report information.
1356
440.1051(3) 3rd False report of workers'
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
compensation fraud or
retaliation for making such a
report.
1357
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
1358
624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.
1359
624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
1360
626.902(1)(a) &
(b)
3rd Representing an unauthorized
insurer.
1361
697.08 3rd Equity skimming.
1362
790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1363
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.
1364
800.045(3) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes a
lewd or lascivious image.
1365
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
1366
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
duty.
1367
810.09(2)(b) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
1368
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
810.145(2)(c) 3rd Digital voyeurism; 19 years of
age or older.
1369
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
1370
812.0145(2)(c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.
1371
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
1372
812.081(2) 3rd Theft of a trade secret.
1373
815.04(4)(b) 2nd Computer offense devised to
defraud or obtain property.
1374
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
than $20,000.
1375
817.233 3rd Burning to defraud insurer.
1376
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
817.234
(8)(b) & (c)
3rd Unlawful solicitation of
persons involved in motor
vehicle accidents.
1377
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
1378
817.236 3rd Filing a false motor vehicle
insurance application.
1379
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
1380
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
1381
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great
bodily harm, permanent
disfigurement, or permanent
disability.
1382
831.28(2)(a) 3rd Counterfeiting a payment
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
instrument with intent to
defraud or possessing a
counterfeit payment instrument
with intent to defraud.
1383
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.
1384
836.13(2) 3rd Generating an altered sexual
depiction of an identifiable
person without consent.
1385
836.13(4) 3rd Promoting, or possessing with
intent to promote, an altered
sexual depiction of an
identifiable person without
consent.
1386
838.12(3) 3rd Betting on predetermined or
prearranged professional or
amateur game, contest, match,
race, or sport.
1387
838.021(3)(b) 3rd Threatens unlawful harm to
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
public servant.
1388
847.01385 3rd Harmful communication to a
minor.
1389
849.01 3rd Keeping gambling house.
1390
849.02(2) 3rd Agents or employees of keeper
of gambling house.
1391
849.03(1) 3rd Renting house for gambling
purposes.
1392
849.086(12)(e) 3rd Tampering with cards or card
games.
1393
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.
1394
849.09(1)(e)-(k) 3rd Conducting unlawful lottery;
second or subsequent offense.
1395
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
849.11(2) 3rd Offenses relating to games of
chance.
1396
849.14 3rd Betting on result of trial or
contest of skill, etc.
1397
849.15(3)(b) 3rd Manufacture, sale, or
possession of slot machine; by
person of authority or with
prior conviction.
1398
849.157(1) 3rd False or misleading statement
to facilitate sale of slot
machines or devices.
1399
849.25(2) 3rd Engaging in bookmaking.
1400
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.
1401
860.15(3) 3rd Overcharging for repairs and
parts.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1402
870.01(2) 3rd Riot.
1403
870.01(4) 3rd Inciting a riot.
1404
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).
1405
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.
1406
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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
within 1,000 feet of public
housing facility.
1407
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
1408
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
1409
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
1410
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.
1411
893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
1412
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
1413
893.13(8)(a)1. 3rd Knowingly assist a patient,
other person, or owner of an
animal in obtaining a
controlled substance through
deceptive, untrue, or
fraudulent representations in
or related to the
practitioner's practice.
1414
893.13(8)(a)2. 3rd Employ a trick or scheme in the
practitioner's practice to
assist a patient, other person,
or owner of an animal in
obtaining a controlled
substance.
1415
893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
1416
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.13(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.
1417
918.13(1) 3rd Tampering with or fabricating
physical evidence.
1418
944.47
(1)(a)1. & 2.
3rd Introduce contraband to
correctional facility.
1419
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
1420
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
facility).
1421
(e) LEVEL 5 1422
1423
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida
Statute
Felony
Degree Description
1424
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
1425
316.1935(3)(a) 2nd 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.
1426
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
1427
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
1428
327.30(5)(a)2. 3rd Vessel accidents involving
personal injuries other than
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
serious bodily injury; leaving
scene.
1429
365.172
(14)(b)2.
2nd Misuse of emergency
communications system resulting
in death.
1430
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.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1431
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
1432
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
1433
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
1434
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
1435
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
1436
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
1437
624.401(4)(b)2. 2nd Transacting insurance without a
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
1438
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
1439
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
1440
790.162 2nd Threat to throw or discharge
destructive device.
1441
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
1442
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
1443
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
1444
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
1445
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
1446
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
1447
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
1448
810.145(4) 3rd Commercial digital voyeurism
dissemination.
1449
810.145(7)(a) 2nd Digital voyeurism; 2nd or
subsequent offense.
1450
810.145(8)(a) 2nd Digital voyeurism; certain
minor victims.
1451
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft
from 20 or more dwellings or
their unenclosed curtilage, or
any combination.
1452
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
1453
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
1454
812.015(8)(f) 3rd Retail theft; multiple thefts
within specified period.
1455
812.015(8)(g) 3rd Retail theft; committed with
specified number of other
persons.
1456
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
1457
812.081(3) 2nd Trafficking in trade secrets.
1458
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
812.131(2)(b) 3rd Robbery by sudden snatching.
1459
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
1460
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
1461
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
1462
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.
1463
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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
personal identification
information of 10 or more
persons.
1464
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
1465
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
1466
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
1467
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
1468
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
consent.
1469
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.
1470
843.01(1) 3rd Resist officer with violence to
person; resist arrest with
violence.
1471
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
1472
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
1473
847.0138
(2) & (3)
3rd Transmission of material
harmful to minors to a minor by
electronic device or equipment.
1474
849.02(3) 2nd Agents or employees of keeper
of gambling house, third or
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subsequent offense.
1475
849.03(2) 2nd Renting house for gambling
purposes; second or subsequent
offense.
1476
849.15(3)(c) 2nd Manufacture, sale, or
possession of slot machine; by
person of authority of five or
more machines or two or more
prior convictions.
1477
849.157(2) 2nd False or misleading statement
to facilitate sale of slot
machines or devices; five or
more machines.
1478
849.25(3) 2nd Bookmaking; second or
subsequent offense.
1479
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal
gang; second or subsequent
offense.
1480
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874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
1481
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).
1482
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.
1483
893.13(1)(d)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
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893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
university.
1484
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.
1485
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.
1486
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
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substance.
1487
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
1488
(g) LEVEL 7 1489
1490
Florida
Statute
Felony
Degree Description
1491
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
1492
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
1493
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.
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1494
327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious
bodily injury.
1495
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
1496
409.920
(2)(b)1.a.
3rd Medicaid provider fraud;
$10,000 or less.
1497
409.920
(2)(b)1.b.
2nd Medicaid provider fraud; more
than $10,000, but less than
$50,000.
1498
456.065(2) 3rd Practicing a health care
profession without a license.
1499
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
1500
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458.327(1) 3rd Practicing medicine without a
license.
1501
459.013(1) 3rd Practicing osteopathic medicine
without a license.
1502
460.411(1) 3rd Practicing chiropractic
medicine without a license.
1503
461.012(1) 3rd Practicing podiatric medicine
without a license.
1504
462.17 3rd Practicing naturopathy without
a license.
1505
463.015(1) 3rd Practicing optometry without a
license.
1506
464.016(1) 3rd Practicing nursing without a
license.
1507
465.015(2) 3rd Practicing pharmacy without a
license.
1508
466.026(1) 3rd Practicing dentistry or dental
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hygiene without a license.
1509
467.201 3rd Practicing midwifery without a
license.
1510
468.366 3rd Delivering respiratory care
services without a license.
1511
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
1512
483.901(7) 3rd Practicing medical physics
without a license.
1513
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
1514
484.053 3rd Dispensing hearing aids without
a license.
1515
494.0018(2) 1st Conviction of any violation of
chapter 494 in which the total
money and property unlawfully
obtained exceeded $50,000 and
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there were five or more
victims.
1516
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.
1517
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
1518
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
1519
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
1520
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775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
1521
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
1522
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
1523
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
1524
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
1525
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782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
1526
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
1527
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
1528
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
1529
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
1530
784.048(7) 3rd Aggravated stalking; violation
of court order.
1531
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
1532
784.074(1)(a) 1st Aggravated battery on sexually
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violent predators facility
staff.
1533
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
1534
784.081(1) 1st Aggravated battery on specified
official or employee.
1535
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
1536
784.083(1) 1st Aggravated battery on code
inspector.
1537
787.025(2)(b) 2nd Luring or enticing a child;
second or subsequent offense.
1538
787.025(2)(c) 2nd Luring or enticing a child with
a specified prior conviction.
1539
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
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1540
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.
1541
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
1542
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
1543
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
1544
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
1545
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
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of mass destruction.
1546
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
1547
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
1548
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.
1549
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
1550
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
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1551
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
1552
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.
1553
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.
1554
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
1555
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
1556
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810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
1557
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
1558
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
1559
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.
1560
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
1561
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
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grand theft.
1562
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
1563
812.014(2)(g) 2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
1564
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
1565
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
1566
812.131(2)(a) 2nd Robbery by sudden snatching.
1567
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
1568
817.034(4)(a)1. 1st Communications fraud, value
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greater than $50,000.
1569
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
1570
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
1571
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
1572
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.
1573
817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
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1574
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
1575
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
1576
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
1577
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
1578
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.
1579
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
1580
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827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
1581
827.071(2) & (3) 2nd Use or induce a child in a
sexual performance, or promote
or direct such performance.
1582
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child pornography.
1583
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
1584
838.015 2nd Bribery.
1585
838.016 2nd Unlawful compensation or reward
for official behavior.
1586
838.021(3)(a) 2nd Unlawful harm to a public
servant.
1587
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838.22 2nd Bid tampering.
1588
843.0855(2) 3rd Impersonation of a public
officer or employee.
1589
843.0855(3) 3rd Unlawful simulation of legal
process.
1590
843.0855(4) 3rd Intimidation of a public
officer or employee.
1591
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
1592
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
1593
849.155 1st Trafficking in slot machines or
devices or any part thereof.
1594
872.06 2nd Abuse of a dead human body.
1595
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
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criminal gang; second or
subsequent offense.
1596
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
1597
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.
1598
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.,
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within 1,000 feet of property
used for religious services or
a specified business site.
1599
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
1600
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
1601
893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
grams.
1602
893.135
(1)(c)1.a.
1st Trafficking in illegal drugs,
more than 4 grams, less than 14
grams.
1603
893.135
(1)(c)2.a.
1st Trafficking in hydrocodone, 28
grams or more, less than 50
grams.
1604
893.135 1st Trafficking in hydrocodone, 50
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(1)(c)2.b. grams or more, less than 100
grams.
1605
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
1606
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 25
grams.
1607
893.135
(1)(c)4.b.(I)
1st Trafficking in fentanyl, 4
grams or more, less than 14
grams.
1608
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
1609
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
kilograms.
1610
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
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grams.
1611
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
1612
893.135
(1)(h)1.a.
1st Trafficking in gamma-
hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
1613
893.135
(1)(j)1.a.
1st Trafficking in 1,4-Butanediol,
1 kilogram or more, less than 5
kilograms.
1614
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
1615
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or
more, less than 500 grams.
1616
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
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more, less than 1,000 grams.
1617
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
1618
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
1619
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
1620
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
1621
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure to
comply with reporting
requirements.
1622
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943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
1623
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
1624
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1625
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1626
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
1627
944.607(10)(a) 3rd Sexual offender; failure to
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submit to the taking of a
digitized photograph.
1628
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1629
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1630
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
1631
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1632
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
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to respond to address
verification; providing false
registration information.
1633
Section 34. Subsection (5) of section 16.71, Florida 1634
Statutes, is amended to read: 1635
16.71 Florida Gaming Control Commission; creation; 1636
meetings; membership.— 1637
(5) INSPECTOR GENERAL.—The chair of the commission shall 1638
appoint an inspector general who shall perform the duties of an 1639
inspector general under s. 20.055. 1640
Section 35. Paragraph (a) of subsection (1) and paragraph 1641
(a) of subsection (2) of section 772.102, Florida Statutes, are 1642
amended to read: 1643
772.102 Definitions.—As used in this chapter, the term: 1644
(1) "Criminal activity" means to commit, to attempt to 1645
commit, to conspire to commit, or to solicit, coerce, or 1646
intimidate another person to commit: 1647
(a) Any crime that is chargeable by indictment or 1648
information under the following provisions: 1649
1. Section 210.18, relating to evasion of payment of 1650
cigarette taxes. 1651
2. Section 414.39, relating to public assistance fraud. 1652
3. Section 440.105 or s. 440.106, relating to workers' 1653
compensation. 1654
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4. Part IV of chapter 501, relating to telemarketing. 1655
5. Chapter 517, relating to securities transactions. 1656
6. Section 550.235 or s. 550.3551, relating to dogracing 1657
and horseracing. 1658
7. Chapter 550, relating to jai alai frontons. 1659
8. Chapter 552, relating to the manufacture, distribution, 1660
and use of explosives. 1661
9. Chapter 562, relating to beverage law enforcement. 1662
10. Section 624.401, relating to transacting insurance 1663
without a certificate of authority, s. 624.437(4)(c)1., relating 1664
to operating an unauthorized multiple-employer welfare 1665
arrangement, or s. 626.902(1)(b), relating to representing or 1666
aiding an unauthorized insurer. 1667
11. Chapter 687, relating to interest and usurious 1668
practices. 1669
12. Section 721.08, s. 721.09, or s. 721.13, relating to 1670
real estate timeshare plans. 1671
13. Chapter 782, relating to homicide. 1672
14. Chapter 784, relating to assault and battery. 1673
15. Chapter 787, relating to kidnapping or human 1674
trafficking. 1675
16. Chapter 790, relating to weapons and firearms. 1676
17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07, 1677
relating to prostitution. 1678
18. Chapter 806, relating to arson. 1679
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19. Section 810.02(2)(c), relating to specified burglary 1680
of a dwelling or structure. 1681
20. Chapter 812, relating to theft, robbery, and related 1682
crimes. 1683
21. Chapter 815, relating to computer-related crimes. 1684
22. Chapter 817, relating to fraudulent practices, false 1685
pretenses, fraud generally, and credit card crimes. 1686
23. Section 827.071, relating to commercial sexual 1687
exploitation of children. 1688
24. Chapter 831, relating to forgery and counterfeiting. 1689
25. Chapter 832, relating to issuance of worthless checks 1690
and drafts. 1691
26. Section 836.05, relating to extortion. 1692
27. Chapter 837, relating to perjury. 1693
28. Chapter 838, relating to bribery and misuse of public 1694
office. 1695
29. Chapter 843, relating to obstruction of justice. 1696
30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 1697
s. 847.07, relating to obscene literature and profanity. 1698
31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 1699
849.25, relating to gambling. 1700
32. Chapter 893, relating to drug abuse prevention and 1701
control. 1702
33. Section 914.22 or s. 914.23, relating to witnesses, 1703
victims, or informants. 1704
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34. Section 918.12, s. 918.125, or s. 918.13, relating to 1705
tampering with or harassing court officials, retaliating against 1706
court officials, and tampering with evidence. 1707
(2) "Unlawful debt" means any money or other thing of 1708
value constituting principal or interest of a debt that is 1709
legally unenforceable in this state in whole or in part because 1710
the debt was incurred or contracted: 1711
(a) In violation of any one of the following provisions of 1712
law: 1713
1. Section 550.235 or s. 550.3551, relating to dogracing 1714
and horseracing. 1715
2. Chapter 550, relating to jai alai frontons. 1716
3. Section 687.071, relating to criminal usury and loan 1717
sharking. 1718
4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 1719
849.25, relating to gambling. 1720
Section 36. Paragraph (a) of subsection (12) of section 1721
895.02, Florida Statutes, is amended to read: 1722
895.02 Definitions.—As used in ss. 895.01-895.08, the 1723
term: 1724
(12) "Unlawful debt" means any money or other thing of 1725
value constituting principal or interest of a debt that is 1726
legally unenforceable in this state in whole or in part because 1727
the debt was incurred or contracted: 1728
(a) In violation of any one of the following provisions of 1729
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law: 1730
1. Section 550.235 or s. 550.3551, relating to dogracing 1731
and horseracing. 1732
2. Chapter 550, relating to jai alai frontons. 1733
3. Section 551.109, relating to slot machine gaming. 1734
4. Chapter 687, relating to interest and usury. 1735
5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 1736
849.25, relating to gambling. 1737
Section 37. This act shall take effect October 1, 2026. 1738