Gambling

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A bill to be entitled 1
An act relating to gambling; amending s. 16.71, F.S.; 2
deleting obsolete provisions; deleting language 3
concerning factors to be considered in appointments to 4
the Florida Gaming Control Commission; amending s. 5
551.104, F.S.; revising hiring and procurement policy 6
and reporting requirements for slot machine gaming 7
licensure; amending s. 838.12, F.S.; prohibiting 8
betting on athletic contests with knowledge that the 9
results are prearranged or predetermined; providing 10
criminal penalties; amending s. 843.08, F.S.; 11
prohibiting false personation of personnel of the 12
Florida Gaming Control Commission; providing criminal 13
penalties; amending s. 849.01, F.S.; revising criminal 14
penalties for offenses involving keeping a gambling 15
house; amending s. 849.02, F.S.; increasing criminal 16
penalties for specified offenses by agents or 17
employees of a keeper of a gambling house; amending s. 18
849.03, F.S.; revising criminal penalties for offenses 19
involving renting a house for gambling purposes; 20
amending s. 849.08, F.S.; defining the terms "Internet 21
gambling" and "Internet sports wagering"; prohibiting 22
Internet gambling and Internet sports wagering and 23
related offenses; providing criminal penalties; 24
providing an exception; amending s. 849.086, F.S.; 25

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prohibiting specified actions relating to manipulation 26
of card games; providing criminal penalties; amending 27
s. 849.11, F.S.; prohibiting certain offenses related 28
to games of chance involving the Internet; providing 29
criminal penalties; amending s. 849.13, F.S.; 30
providing enhances criminal penalties for second or 31
subsequent violations of certain provisions; amending 32
s. 849.14, F.S.; revising the criminal penalties for 33
betting or wagering on certain activities; amending s. 34
849.15, F.S.; providing definitions; providing 35
criminal penalties for specified offenses relating to 36
the manufacture, possession, and sale of slot machines 37
or devices; creating s. 849.155, F.S.; prohibiting 38
trafficking in slot machines, devices, or parts 39
thereof; providing criminal penalties; providing for 40
the deposit of fines into a specified trust fund for 41
specified purposes; creating s. 849.157, F.S.; 42
prohibiting the making of a false or misleading 43
statement regarding the legality of slot machines or 44
devices for specified purposes; providing criminal 45
penalties; repealing s. 849.23, F.S., relating to 46
penalties for violations of specified sections; 47
creating s. 849.47, F.S.; defining the term "illegal 48
gambling"; prohibiting the transportation of specified 49
numbers of persons, persons of certain ages, or a 50

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certain number of persons for the purpose of 51
facilitating illegal gambling; providing criminal 52
penalties; creating s. 849.48, F.S.; defining the term 53
"illegal gambling"; prohibiting specified gambling or 54
gaming advertisements; providing criminal penalties; 55
providing construction; creating s. 849.49, F.S.; 56
preempting to the state the regulation of gaming, 57
gambling, lotteries, or any activities described in 58
specified provisions; amending s. 903.046, F.S.; 59
providing for consideration of the amount of currency 60
seized connected to or involved in specified gambling 61
or gaming offenses when determining whether to release 62
a defendant prior to trial; amending s. 921.0022, 63
F.S.; ranking offenses for purposes of the offense 64
severity ranking chart of the Criminal Punishment 65
Code; amending ss. 772.102 and 895.02, F.S.; 66
conforming provisions to changes made by the act; 67
providing an effective date. 68
69
Be It Enacted by the Legislature of the State of Florida: 70
71
Section 1. Paragraph (a) of subsection (2) of section 72
16.71, Florida Statutes, is amended to read: 73
16.71 Florida Gaming Control Commission; creation; 74
meetings; membership.— 75

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(2) MEMBERSHIP.— 76
(a) The commission shall consist of five members appointed 77
by the Governor, and subject to confirmation by the Senate, for 78
terms of 4 years. Members of the commission must be appointed by 79
January 1, 2022. The Governor shall consider appointees who 80
reflect Florida's racial, ethnic, and gender diversity. Of the 81
initial five members appointed by the Governor, and immediately 82
upon appointment, the Governor shall appoint one of the members 83
as the initial chair and one of the members as the initial vice 84
chair. At the end of the initial chair's and vice chair's terms 85
pursuant to subparagraph 1., the commission shall elect one of 86
the members of the commission as chair and one of the members of 87
the commission as vice chair. 88
1. For the purpose of providing staggered terms, of the 89
initial appointments, two members shall be appointed to 4-year 90
terms, two members shall be appointed to 3-year terms, and one 91
member shall be appointed to a 2-year term. 92
2. Of the five members, at least one member must have at 93
least 10 years of experience in law enforcement and criminal 94
investigations, at least one member must be a certified public 95
accountant licensed in this state with at least 10 years of 96
experience in accounting and auditing, and at least one member 97
must be an attorney admitted and authorized to practice law in 98
this state for at least the preceding 10 years. 99
Section 2. Paragraph (i) of subsection (4) of section 100

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551.104, Florida Statutes, is amended to read: 101
551.104 License to conduct slot machine gaming.— 102
(4) As a condition of licensure and to maintain continued 103
authority for the conduct of slot machine gaming, the slot 104
machine licensee shall: 105
(i) Create and file with the commission a written policy 106
for: 107
1. Creating opportunities to purchase from vendors in this 108
state, including minority vendors. 109
2. Creating opportunities for employment of residents of 110
this state, including minority residents. 111
3. Ensuring opportunities for construction services from a 112
small business as defined in s. 288.703 minority contractors. 113
4. Ensuring that opportunities for employment are offered 114
on an equal, nondiscriminatory basis. 115
5. Training for employees on responsible gaming and 116
working with a compulsive or addictive gambling prevention 117
program to further its purposes as provided for in s. 551.118. 118
6. The implementation of a drug-testing program that 119
includes, but is not limited to, requiring each employee to sign 120
an agreement that he or she understands that the slot machine 121
facility is a drug-free workplace. 122
123
The slot machine licensee shall use the Internet-based job-124
listing system of the Department of Commerce in advertising 125

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employment opportunities. Each slot machine licensee shall 126
provide an annual report to the Florida Gaming Control 127
Commission containing information indicating compliance with 128
this paragraph in regard to minority persons. 129
Section 3. Section 838.12, Florida Statutes, is amended, 130
to read: 131
838.12 Bribery in athletic contests.— 132
(1) Whoever gives, promises, offers or conspires to give, 133
promise or offer, to anyone who participates or expects to 134
participate in any professional or amateur game, contest, match, 135
race or sport; or to any umpire, referee, judge or other 136
official of such game, contest, match, race or sport; or to any 137
owner, manager, coach or trainer of, or to any relative of, or 138
to any person having any direct, indirect, remote or possible 139
connection with, any team, individual, participant or 140
prospective participant in any such professional or amateur 141
game, contest, match, race or sport, or the officials aforesaid, 142
any bribe, money, goods, present, reward or any valuable thing 143
whatsoever, or any promise, contract or agreement whatsoever, 144
with intent to influence him or her or them to lose or cause to 145
be lost any game, contest, match, race or sport, or to limit his 146
or her or their or any person's or any team's margin of victory 147
in any game, contest, match, race, or sport, or to fix or throw 148
any game, contest, match, race or sport, commits shall be guilty 149
of a felony of the third degree, punishable as provided in s. 150

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775.082, s. 775.083, or s. 775.084. 151
(2) Any participant or prospective participant in any 152
professional or amateur game, contest, match, race or sport; or 153
any umpire, referee, judge or other official of such game, 154
contest, match, race or sport; or any owner, manager, coach or 155
trainer of, or any relative of, or any person having any direct, 156
indirect, remote or possible connection with, any team, 157
individual, participant or prospective participant in any such 158
professional or amateur game, contest, match, race or sport, or 159
the officials aforesaid; who in any way solicits, receives or 160
accepts, or agrees to receive or accept, or who conspires to 161
receive or accept, any bribe, money, goods, present, reward or 162
any valuable thing whatsoever, or any promise, contract or 163
agreement whatsoever, with intent to lose or cause to be lost 164
any game, contest, match, race or sport, or to limit his, her, 165
their or any person's or any team's margin of victory in any 166
game, contest, match, race or sport, or to fix or throw any 167
game, contest, match, race or sport, commits shall be guilty of 168
a felony of the third degree, punishable as provided in s. 169
775.082, s. 775.083, or s. 775.084. 170
(3) A person who stakes, bets, or wagers any money or 171
other thing of value upon the result of any professional or 172
amateur game, contest, match, race, or sport with knowledge that 173
the results of such professional or amateur game, contest, 174
match, race, or sport are prearranged or predetermined as 175

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described in subsection (1) or subsection (2) commits a felony 176
of the third degree, punishable as provided in s. 775.082, s. 177
775.083, or s. 775.084. 178
Section 4. Section 843.08, Florida Statutes, is amended to 179
read: 180
843.08 False personation.—A person who falsely assumes or 181
pretends to be a firefighter, a sheriff, an officer of the 182
Florida Highway Patrol, an officer of the Fish and Wildlife 183
Conservation Commission, an officer of the Department of 184
Environmental Protection, an officer of the Department of 185
Financial Services, any personnel or representative of the 186
Division of Criminal Investigations, any personnel or 187
representative of the Florida Gaming Control Commission, an 188
officer of the Department of Corrections, a correctional 189
probation officer, a deputy sheriff, a state attorney or an 190
assistant state attorney, a statewide prosecutor or an assistant 191
statewide prosecutor, a state attorney investigator, a coroner, 192
a police officer, a lottery special agent or lottery 193
investigator, a beverage enforcement agent, a school guardian as 194
described in s. 30.15(1)(k), a security officer licensed under 195
chapter 493, any member of the Florida Commission on Offender 196
Review or any administrative aide or supervisor employed by the 197
commission, any personnel or representative of the Department of 198
Law Enforcement, or a federal law enforcement officer as defined 199
in s. 901.1505, and takes upon himself or herself to act as 200

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such, or to require any other person to aid or assist him or her 201
in a matter pertaining to the duty of any such officer, commits 202
a felony of the third degree, punishable as provided in s. 203
775.082, s. 775.083, or s. 775.084. However, a person who 204
falsely personates any such officer during the course of the 205
commission of a felony commits a felony of the second degree, 206
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 207
If the commission of the felony results in the death or personal 208
injury of another human being, the person commits a felony of 209
the first degree, punishable as provided in s. 775.082, s. 210
775.083, or s. 775.084. In determining whether a defendant has 211
violated this section, the court or jury may consider any 212
relevant evidence, including, but not limited to, whether the 213
defendant used lights in violation of s. 316.2397 or s. 843.081. 214
Section 5. Section 849.01, Florida Statutes, is amended to 215
read: 216
849.01 Keeping gambling houses, etc.—Whoever by herself or 217
himself, her or his servant, clerk or agent, or in any other 218
manner has, keeps, exercises or maintains a gaming table or 219
room, or gaming implements or apparatus, or house, booth, tent, 220
shelter or other place for the purpose of gaming or gambling or 221
in any place of which she or he may directly or indirectly have 222
charge, control or management, either exclusively or with 223
others, procures, suffers or permits any person to play for 224
money or other valuable thing at any game whatever, whether 225

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heretofore prohibited or not, commits a felony misdemeanor of 226
the third second degree, punishable as provided in s. 775.082, 227
or s. 775.083, or s. 775.084. 228
Section 6. Section 849.02, Florida Statutes, is amended to 229
read: 230
849.02 Agents or employees of keeper of gambling house.—A 231
person who Whoever acts as servant, clerk, agent, or employee of 232
any person in the violation of s. 849.01 commits: 233
(1) For a first offense, a misdemeanor of the first 234
degree, punishable as provided in s. 775.082 or s. 775.083. 235
(2) For a second offense, a felony of the third degree, 236
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 237
(3) For a third or subsequent offense, a felony of the 238
second degree, punishable as provided in s. 775.082, s. 775.083, 239
or s. 775.084 shall be punished in the manner and to the extent 240
therein mentioned. 241
Section 7. Section 849.03, Florida Statutes, is amended to 242
read: 243
849.03 Renting house for gambling purposes.—A person who 244
Whoever, whether as owner or agent, knowingly rents to another a 245
house, room, booth, tent, shelter or place for the purpose of 246
gaming commits: 247
(1) For a first offense, a felony of the third degree, 248
punishable as provided in s. 775.082, s. 775.083, or s. 775.084 249
shall be punished in the manner and to the extent mentioned in 250

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s. 849.01. 251
(2) For a second or subsequent violation, a felony of the 252
second degree, punishable as provided in s. 775.082, s. 775.083, 253
or s. 775.084. 254
Section 8. Section 849.08, Florida Statutes, is amended to 255
read: 256
849.08 Gambling.— 257
(1) As used in this section, the term: 258
(a) "Internet gambling" means to play or engage in any 259
game in which money or other thing of value is awarded based on 260
chance, regardless of any application of skill, that is 261
available on the Internet and accessible on a mobile device, 262
computer terminal, or other similar access device and simulates 263
casino-style gaming, including, but not limited to, slot 264
machines, video poker, and table games. 265
(b) "Internet sports wagering" means to stake, bet, or 266
wager any money or other thing of value upon the result of any 267
trial or contest of skill, speed, power, or endurance of human 268
or beast that is available on the Internet and accessible on a 269
mobile device, computer terminal, or other similar access 270
device. 271
(2) A person who Whoever plays or engages in Internet 272
gambling, any game at cards, keno, roulette, faro or other game 273
of chance, at any place, by any device whatever, for money or 274
other thing of value, commits shall be guilty of a misdemeanor 275

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of the second degree, punishable as provided in s. 775.082 or s. 276
775.083. 277
(3) A person who plays or engages in Internet sports 278
wagering commits: 279
(a) For a first offense, a misdemeanor of the second 280
degree, punishable as provided in s. 775.082 or s. 775.083. 281
(b) For a second or subsequent violation, a misdemeanor of 282
the first degree, punishable as provided in s. 775.082 or s. 283
775.083. 284
(4) A person who operates, conducts, or promotes Internet 285
gambling or Internet sports wagering, or receives in any manner 286
whatsoever any money or other thing of value offered for the 287
purpose of Internet gambling or Internet sports wagering, or 288
whoever knowingly becomes the custodian or depositary of any 289
money or other thing of value so offered, or whoever aids, 290
assists, abets, or influences in any manner in any of such acts, 291
all of which are hereby forbidden, commits a felony of the third 292
degree, punishable as provided in s. 775.082, s. 775.083, or s. 293
775.084. 294
(5) This section does not apply to participation in, or 295
the conduct of, any gaming activities authorized under s. 296
285.710(13) and conducted pursuant to a gaming compact ratified 297
and approved under s. 285.710(3). 298
Section 9. Paragraph (e) is added to subsection (12) of 299
section 849.086, Florida Statutes, to read: 300

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849.086 Cardrooms authorized.— 301
(12) PROHIBITED ACTIVITIES.— 302
(e) A person who manipulates or attempts to manipulate the 303
playing cards, outcome, or payoff of a card game in a licensed 304
cardroom by physical tampering or by use of any object, 305
instrument, or device, whether mechanical, electrical, magnetic, 306
or involving other means, commits a felony of the third degree, 307
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 308
Section 10. Section 849.11, Florida Statutes, is amended 309
to read: 310
849.11 Plays at games of chance by lot.— 311
(1) A person who Whoever sets up, promotes or plays in 312
person or by the use, at least in part, of the Internet, at any 313
game of chance by lot or with dice, cards, numbers, hazards or 314
any other gambling device whatever for, or for the disposal of 315
money or other thing of value or under the pretext of a sale, 316
gift or delivery thereof, or for any right, share or interest 317
therein, commits shall be guilty of a misdemeanor of the second 318
degree, punishable as provided in s. 775.082 or s. 775.083. 319
(2) A person who sets up, operates, conducts, promotes, or 320
receives in any manner whatsoever any money or other thing of 321
value offered for the purpose of conduct prohibited in 322
subsection (1), or whoever knowingly becomes the custodian or 323
depositary of any money or other thing of value so offered, or 324
whoever aids, assists, abets, or influences in any manner in any 325

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of such acts, commits a felony of the third degree, punishable 326
as provided in s. 775.082, s. 775.083, or s. 775.084. 327
Section 11. Section 849.13, Florida Statutes, is amended 328
to read: 329
849.13 Punishment on Second or subsequent conviction.—A 330
person who commits a second or subsequent violation of the same 331
Whoever, after being convicted of an offense forbidden by law in 332
connection with lotteries for which there is no penalty 333
specified for a second or subsequent violation, shall have the 334
offense reclassified to an offense of the next higher degree, 335
commits the like offense, shall be guilty of a misdemeanor of 336
the first degree, punishable as provided in s. 775.082, or s. 337
775.083, or s. 775.084. For purposes of sentencing under chapter 338
921, a felony offense that is reclassified under this subsection 339
is ranked one level above the ranking under s. 921.0022 or s. 340
921.0023 of the felony offense committed. 341
Section 12. Section 849.14, Florida Statutes, is amended 342
to read: 343
849.14 Unlawful to bet on result of trial or contest of 344
skill, etc.—A person who Whoever stakes, bets, or wagers any 345
money or other thing of value upon the result of any trial or 346
contest of skill, speed or power or endurance of human or beast, 347
or whoever receives in any manner whatsoever any money or other 348
thing of value staked, bet, or wagered, or offered for the 349
purpose of being staked, bet, or wagered, by or for any other 350

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person upon any such result, or whoever knowingly becomes the 351
custodian or depositary of any money or other thing of value so 352
staked, bet, or wagered upon any such result, or whoever aids, 353
or assists, or abets, or influences in any manner in any of such 354
acts all of which are hereby forbidden, commits a felony of the 355
third degree, punishable as provided in s. 775.082, or s. 356
775.083, or s. 775.084. 357
Section 13. Section 849.15, Florida Statutes, is amended 358
to read: 359
849.15 Manufacture, sale, possession, etc., of slot 360
machines or devices prohibited.— 361
(1) As used in this section, the term: 362
(a) "Conviction" means a determination of guilt that is 363
the result of a plea or a trial, regardless of whether 364
adjudication is withheld or a plea of nolo contendere is 365
entered. 366
(b) "Person of authority" means a person who, at any 367
business, establishment, premises, or other location at which a 368
slot machine or device is offered for play, has: 369
1. Actual authority to act on behalf of the business, 370
establishment, premises, or other location where a slot machine 371
or device is offered for play; or 372
2. Any ownership interest in the business, establishment, 373
premises, or other location. The term "ownership interest" 374
includes being an officer, director, or managing member of the 375

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business, establishment, premises, or other location. 376
(2)(1) It is unlawful: 377
(a) To manufacture, own, store, keep, possess, sell, rent, 378
lease, let on shares, lend or give away, transport, or expose 379
for sale or lease, or to offer to sell, rent, lease, let on 380
shares, lend or give away, or permit the operation of, or for 381
any person to permit to be placed, maintained, or used or kept 382
in any room, space, or building owned, leased or occupied by the 383
person or under the person's management or control, any slot 384
machine or device or any part thereof; or 385
(b) To make or to permit to be made with any person any 386
agreement with reference to any slot machine or device, pursuant 387
to which the user thereof, as a result of any element of chance 388
or other outcome unpredictable to him or her, may become 389
entitled to receive any money, credit, allowance, or thing of 390
value or additional chance or right to use such machine or 391
device, or to receive any check, slug, token or memorandum 392
entitling the holder to receive any money, credit, allowance or 393
thing of value. 394
(3)(a) Except as provided in paragraphs (b) and (c), a 395
person who violates subsection (2) commits a misdemeanor of the 396
first degree, punishable as provided in s. 775.082 or s. 397
775.083. 398
(b) A person commits a felony of the third degree, 399
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 400

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if he or she violates subsection (2), and: 401
1. At the time of the violation, the person was a person 402
of authority; or 403
2. The person has one prior conviction for a violation of 404
this section. 405
(c) A person commits a felony of the second degree, 406
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, 407
if he or she violates subsection (2), and: 408
1.a. At the time of the violation, the person was a person 409
of authority; and 410
b. The violation involves five or more slot machines or 411
devices; or 412
2. The person has two or more prior convictions for a 413
violation of this section. 414
(4)(2) Pursuant to section 2 of that chapter of the 415
Congress of the United States entitled "An act to prohibit 416
transportation of gaming devices in interstate and foreign 417
commerce," approved January 2, 1951, being ch. 1194, 64 Stat. 418
1134, and also designated as 15 U.S.C. ss. 1171-1177, the State 419
of Florida, acting by and through the duly elected and qualified 420
members of its Legislature, does hereby in this section, and in 421
accordance with and in compliance with the provisions of section 422
2 of such chapter of Congress, declare and proclaim that any 423
county of the State of Florida within which slot machine gaming 424
is authorized pursuant to chapter 551 is exempt from the 425

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provisions of section 2 of that chapter of the Congress of the 426
United States entitled "An act to prohibit transportation of 427
gaming devices in interstate and foreign commerce," designated 428
as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All 429
shipments of gaming devices, including slot machines, into any 430
county of this state within which slot machine gaming is 431
authorized pursuant to chapter 551 and the registering, 432
recording, and labeling of which have been duly performed by the 433
manufacturer or distributor thereof in accordance with sections 434
3 and 4 of that chapter of the Congress of the United States 435
entitled "An act to prohibit transportation of gaming devices in 436
interstate and foreign commerce," approved January 2, 1951, 437
being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C. 438
ss. 1171-1177, shall be deemed legal shipments thereof into this 439
state provided the destination of such shipments is an eligible 440
facility as defined in s. 551.102 or the facility of a slot 441
machine manufacturer or slot machine distributor as provided in 442
s. 551.109(2)(a). 443
(5) All shipments of legal gaming devices, including legal 444
slot machines, into Indian lands located within the state shall 445
be deemed legal shipments thereof provided that such Indian 446
lands are held in federal trust for the benefit of a federally 447
recognized Indian tribe that is a party to a tribal-state 448
compact with the state pursuant to the federal Indian Gaming 449
Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C. 450

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ss. 2701 et seq. 451
Section 14. Section 849.155, Florida Statutes, is created 452
to read: 453
849.155 Trafficking in slot machines, devices, or parts.—454
Any person who knowingly sells, purchases, manufactures, 455
transports, delivers, or brings into this state more than 15 456
slot machines or devices or any parts thereof commits a felony 457
of the first degree, punishable as provided in s. 775.082, s. 458
775.083, or s. 775.084. If the quantity of slot machines or 459
devices or any parts thereof involved is: 460
(1) More than 15 slot machines or devices or any parts 461
thereof, but less than 25 slot machines or devices or any parts 462
thereof, such person must be fined $100,000. 463
(2) Twenty-five slot machines or devices or any parts 464
thereof or more, but less than 50 slot machines or devices or 465
any parts thereof, such person must be fined $250,000. 466
(3) Fifty slot machines or devices or any parts thereof or 467
more, such person must be fined $500,000. 468
(4) Pursuant to section 2 of the chapter of the Congress 469
of the United States entitled "An act to prohibit transportation 470
of gaming devices in interstate and foreign commerce," approved 471
January 2, 1951, being ch. 1194, 64 Stat. 1134, and also 472
designated as 15 U.S.C. ss. 1171-1177, the State of Florida, 473
acting by and through the duly elected and qualified members of 474
its Legislature, does hereby in this section, and in accordance 475

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with and in compliance with the provisions of s. 2 of such 476
chapter of Congress, declare and proclaim that any county of the 477
State of Florida within which slot machine gaming is authorized 478
pursuant to chapter 551 is exempt from the provisions of s. 2 of 479
that chapter of the Congress of the United States entitled "An 480
act to prohibit transportation of gaming devices in interstate 481
and foreign commerce," designated as 15 U.S.C. ss. 1171-1177, 482
approved January 2, 1951. All shipments of gaming devices, 483
including slot machines, into any county of this state within 484
which slot machine gaming is authorized pursuant to chapter 551 485
and the registering, recording, and labeling of which have been 486
duly performed by the manufacturer or distributor thereof in 487
accordance with ss. 3 and 4 of that chapter of the Congress of 488
the United States entitled "An act to prohibit transportation of 489
gaming devices in interstate and foreign commerce," approved 490
January 2, 1951, being ch. 1194, 64 Stat. 1134, and also 491
designated as 15 U.S.C. ss. 1171-1177, shall be deemed legal 492
shipments thereof into this state provided the destination of 493
such shipments is an eligible facility as defined in s. 551.102 494
or the facility of a slot machine manufacturer or slot machine 495
distributor as provided in s. 551.109(2)(a). 496
(5) All shipments of legal gaming devices, including legal 497
slot machines, into Indian lands located within the state shall 498
be deemed legal shipments thereof provided that such Indian 499
lands are held in federal trust for the benefit of a federally 500

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recognized Indian tribe that is a party to a tribal-state 501
compact with the state pursuant to the federal Indian Gaming 502
Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C. 503
ss. 2701 et seq. 504
505
Notwithstanding any other law, all fines imposed and collected 506
pursuant to this section must be deposited into the Pari-mutuel 507
Wagering Trust Fund and may be used for the enforcement of 508
chapters 546, 550, 551, and this chapter by the Florida Gaming 509
Control Commission. 510
Section 15. Section 849.157, Florida Statutes, is created 511
to read: 512
849.157 Making a false or misleading statement regarding 513
the legality of slot machines or devices to facilitate sale.— 514
(1) Except as provided in subsection (2), a person who 515
knowingly and willfully makes a materially false or misleading 516
statement or who knowingly and willfully disseminates false or 517
misleading information regarding the legality of a slot machine 518
or device for the purpose of facilitating the sale or delivery 519
of a slot machine or device for any money or other valuable 520
consideration commits a felony of the third degree, punishable 521
as provided in s. 775.082, s. 775.083, or s. 775.084. 522
(2) A person who violates subsection (1) when such a 523
violation involves the sale or delivery, or attempted sale or 524
delivery, of five or more slot machines or devices commits a 525

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felony of the second degree, punishable as provided in s. 526
775.082, s. 775.083, or s. 775.084. 527
Section 16. Section 849.23, Florida Statutes, is repealed. 528
Section 17. Section 849.47, Florida Statutes, is created 529
to read: 530
849.47 Transporting or procuring the transportation of 531
persons to facilitate illegal gambling.— 532
(1) As used in this section, the term "illegal gambling" 533
means any criminal violation of chapter 546, chapter 550, 534
chapter 551, or this chapter that occurs at any business, 535
establishment, premises, or other location. 536
(2) Except as provided in subsection (3), a person who 537
knowingly and willfully transports, or procures the 538
transportation of, five or more other persons into or within 539
this state when he or she knows or reasonably should know that 540
such transportation is for the purpose of facilitating illegal 541
gambling commits a misdemeanor of the first degree, punishable 542
as provided in s. 775.082 or s. 775.083. 543
(3)(a) A person who transports, or procures the 544
transportation of, a minor or a person 65 years of age or older 545
in violation of subsection (2) commits a felony of the third 546
degree, punishable as provided in s. 775.082, s. 775.083, or s. 547
775.084. 548
(b) A person who transports, or procures the 549
transportation of, 12 or more persons in violation of subsection 550

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(2) commits a felony of the third degree, punishable as provided 551
in s. 775.082, s. 775.083, or s. 775.084. 552
Section 18. Section 849.48, Florida Statutes, is created 553
to read: 554
849.48 Gambling or gaming advertisements; prohibited.— 555
(1) As used in this section, the term "illegal gambling" 556
means any criminal violation of chapter 546, chapter 550, 557
chapter 551, or this chapter which occurs at any business, 558
establishment, premises, or other location. 559
(2)(a) Except as otherwise specifically authorized by law, 560
a person may not knowingly and intentionally make, publish, 561
disseminate, circulate, or place before the public, or cause, 562
directly or indirectly, to be made, published, disseminated, 563
circulated, or placed before the public in this state, in any 564
manner, whether in person or by the use, at least in part, of 565
the Internet, any advertisement, circular, bill, poster, 566
pamphlet, list, schedule, announcement, or notice for the 567
purpose of promoting or facilitating illegal gambling. 568
(b) Except as otherwise specifically authorized by law, a 569
person may not set up any type or plate for any type of 570
advertisement, circular, bill, poster, pamphlet, list, schedule, 571
announcement, or notice when he or she knows or reasonably 572
should know that such material will be used for the purpose of 573
promoting or facilitating illegal gambling. 574
(c) A person who violates the subsection commits: 575

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1. For a first offense, a misdemeanor of the first degree, 576
punishable as provided in s. 775.082 or s. 775.083. 577
2. For a second or subsequent offense, a felony of the 578
third degree, punishable as provided in s. 775.082, s. 775.083, 579
or s. 775.084. 580
(3) This section does not prohibit the printing or 581
producing of any advertisement, circular, bill, poster, 582
pamphlet, list, schedule, announcement, or notice to be used for 583
the purpose of promoting or facilitating gambling conducted in 584
any other state or nation, outside of this state, where such 585
gambling is not prohibited. 586
Section 19. Section 849.49, Florida Statutes, is created 587
to read: 588
849.49 Preemption.—No county, municipality, or other 589
political subdivision of the state shall enact or enforce any 590
ordinance or local rule relating to gaming, gambling, lotteries, 591
or any activities described in s. 546.10 or this chapter, except 592
as otherwise expressly provided by the State Constitution, 593
general law, or special law. 594
Section 20. Paragraphs (i) through (m) of subsection (2) 595
of section 903.046, Florida Statutes, are redesignated as 596
paragraphs (j) through (n), respectively, and a new paragraph 597
(i) is added to that subsection, to read: 598
903.046 Purpose of and criteria for bail determination.— 599
(2) When determining whether to release a defendant on 600

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bail or other conditions, and what that bail or those conditions 601
may be, the court shall consider: 602
(i) The amount of currency seized that is connected to or 603
involved in a violation of chapter 546, chapter 550, chapter 604
551, or chapter 849. 605
Section 21. Paragraphs (a), (c), (e), and (g) of 606
subsection (3) of section 921.0022, Florida Statutes, are 607
amended to read: 608
921.0022 Criminal Punishment Code; offense severity 609
ranking chart.— 610
(3) OFFENSE SEVERITY RANKING CHART 611
(a) LEVEL 1 612
613
Florida
Statute
Felony
Degree Description
614
24.118(3)(a) 3rd Counterfeit or altered state
lottery ticket.
615
104.0616(2) 3rd Unlawfully distributing,
ordering, requesting,
collecting, delivering, or
possessing vote-by-mail
ballots.
616

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212.054(2)(b) 3rd Discretionary sales surtax;
limitations, administration,
and collection.
617
212.15(2)(b) 3rd Failure to remit sales taxes,
amount $1,000 or more but less
than $20,000.
618
316.1935(1) 3rd Fleeing or attempting to elude
law enforcement officer.
619
319.30(5) 3rd Sell, exchange, give away
certificate of title or
identification number plate.
620
319.35(1)(a) 3rd Tamper, adjust, change, etc.,
an odometer.
621
320.26(1)(a) 3rd Counterfeit, manufacture, or
sell registration license
plates or validation stickers.
622
322.212
(1)(a)-(c)
3rd Possession of forged, stolen,
counterfeit, or unlawfully
issued driver license;

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possession of simulated
identification.
623
322.212(4) 3rd Supply or aid in supplying
unauthorized driver license or
identification card.
624
322.212(5)(a) 3rd False application for driver
license or identification card.
625
414.39(3)(a) 3rd Fraudulent misappropriation of
public assistance funds by
employee/official, value more
than $200.
626
443.071(1) 3rd False statement or
representation to obtain or
increase reemployment
assistance benefits.
627
509.151(1) 3rd Defraud an innkeeper, food or
lodging value $1,000 or more.
628
517.302(1) 3rd Violation of the Florida
Securities and Investor

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Protection Act.
629
713.69 3rd Tenant removes property upon
which lien has accrued, value
$1,000 or more.
630
812.014(3)(c) 3rd Petit theft (3rd conviction);
theft of any property not
specified in subsection (2).
631
815.04(4)(a) 3rd Offense against intellectual
property (i.e., computer
programs, data).
632
817.52(2) 3rd Hiring with intent to defraud,
motor vehicle services.
633
817.569(2) 3rd Use of public record or public
records information or
providing false information to
facilitate commission of a
felony.
634
826.01 3rd Bigamy.
635

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828.122(3) 3rd Fighting or baiting animals.
636
831.04(1) 3rd Any erasure, alteration, etc.,
of any replacement deed, map,
plat, or other document listed
in s. 92.28.
637
831.31(1)(a) 3rd Sell, deliver, or possess
counterfeit controlled
substances, all but s.
893.03(5) drugs.
638
832.041(1) 3rd Stopping payment with intent to
defraud $150 or more.
639
832.05(2)(b) &
(4)(c)
3rd Knowing, making, issuing
worthless checks $150 or more
or obtaining property in return
for worthless check $150 or
more.
640
838.15(2) 3rd Commercial bribe receiving.
641
838.16 3rd Commercial bribery.
642

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843.18 3rd Fleeing by boat to elude a law
enforcement officer.
643
847.011(1)(a) 3rd Sell, distribute, etc.,
obscene, lewd, etc., material
(2nd conviction).
644
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.
645
849.23 3rd Gambling-related machines;
"common offender" as to
property rights.
646
849.25(2) 3rd Engaging in bookmaking.
647
860.08 3rd Interfere with a railroad
signal.
648
860.13(1)(a) 3rd Operate aircraft while under
the influence.
649

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893.13(2)(a)2. 3rd Purchase of cannabis.
650
893.13(6)(a) 3rd Possession of cannabis (more
than 20 grams).
651
934.03(1)(a) 3rd Intercepts, or procures any
other person to intercept, any
wire or oral communication.
652
(c) LEVEL 3 653
654
Florida
Statute
Felony
Degree Description
655
119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
656
316.066
(3)(b)-(d)
3rd Unlawfully obtaining or using
confidential crash reports.
657
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
658
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in

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patrol vehicle with siren and
lights activated.
659
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
660
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
661
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
662
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
663
327.35(2)(b) 3rd Felony BUI.
664
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.

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665
328.07(4) 3rd Manufacture, exchange, or
possess vessel with counterfeit
or wrong ID number.
666
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
667
379.2431
(1)(e)5.
3rd Taking, disturbing, mutilating,
destroying, causing to be
destroyed, transferring,
selling, offering to sell,
molesting, or harassing marine
turtles, marine turtle eggs, or
marine turtle nests in
violation of the Marine Turtle
Protection Act.
668
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.

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669
379.2431
(1)(e)7.
3rd Soliciting to commit or
conspiring to commit a
violation of the Marine Turtle
Protection Act.
670
400.9935(4)(a)
or (b)
3rd Operating a clinic, or offering
services requiring licensure,
without a license.
671
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
report information.
672
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such a
report.
673
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
674

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624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.
675
624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
676
626.902(1)(a) &
(b)
3rd Representing an unauthorized
insurer.
677
697.08 3rd Equity skimming.
678
790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
679
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.
680
800.045(3) 3rd Possess, control, or
intentionally view any
photographic material, motion

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picture, etc., which includes a
lewd or lascivious image.
681
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
682
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
duty.
683
810.09(2)(b) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
684
810.145(2)(c) 3rd Digital voyeurism; 19 years of
age or older.
685
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
686
812.0145(2)(c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.

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687
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
688
812.081(2) 3rd Theft of a trade secret.
689
815.04(4)(b) 2nd Computer offense devised to
defraud or obtain property.
690
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
than $20,000.
691
817.233 3rd Burning to defraud insurer.
692
817.234
(8)(b) & (c)
3rd Unlawful solicitation of
persons involved in motor
vehicle accidents.
693
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
694
817.236 3rd Filing a false motor vehicle
insurance application.

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695
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
696
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
697
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great
bodily harm, permanent
disfigurement, or permanent
disability.
698
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
counterfeit payment instrument
with intent to defraud.
699
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.
700

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836.13(2) 3rd Generating an altered sexual
depiction of an identifiable
person without consent.
701
836.13(4) 3rd Promoting, or possessing with
intent to promote, an altered
sexual depiction of an
identifiable person without
consent.
702
838.021(3)(b) 3rd Threatens unlawful harm to
public servant.
703
838.12(3)

3rd Betting on a predetermined or
prearranged professional or
amateur game, contest, match,
race, or sport.

704
849.01 3rd Keeping a gambling house.
705
849.02(2) 3rd Agents or employees of keeper
of gambling house.
706
849.03(1) 3rd Renting house for gambling

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purposes.
707
849.08(4) 3rd Operating, conducting,
promoting, aiding, abetting,
assisting Internet gambling and
Internet sports wagering.
708
849.086(12)(e)

3rd Tampering with cards or card
games.

709
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.
710
849.09(1)(e),
(f), (g), (i),
or (k)
3rd Conducting an unlawful lottery;
second or subsequent offense.
711
849.09(1)(h) or
(j)
3rd Conducting an unlawful lottery;
second or subsequent offense.
712
849.11(2) 3rd Offenses relating to games of

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chance.
713
849.14 3rd Betting on result of trial or
contest of skill, etc.
714
849.15(3)(b) 3rd Manufacture, sale, or
possession of slot machine; by
person of authority or with
prior conviction.
715
849.157(1) 3rd False or misleading statement
to facilitate sale of slot
machines or devices.
716
849.25(2) 3rd Engaging in bookmaking.
717
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.
718
849.48(2)(c) 3rd Illegal gambling advertising.

719

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847.01385 3rd Harmful communication to a
minor.
720
860.15(3) 3rd Overcharging for repairs and
parts.
721
870.01(2) 3rd Riot.
722
870.01(4) 3rd Inciting a riot.
723
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).
724
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.
725

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893.13(1)(f)2. 2nd Sell, manufacture, or deliver
s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs
within 1,000 feet of public
housing facility.
726
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
727
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
728
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
729
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.

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730
893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
731
893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
732
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.
733
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.

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734
893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
735
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.
736
918.13(1) 3rd Tampering with or fabricating
physical evidence.
737
944.47
(1)(a)1. & 2.
3rd Introduce contraband to
correctional facility.
738
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
739
985.721 3rd Escapes from a juvenile
facility (secure detention or

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residential commitment
facility).
740
(e) LEVEL 5 741
742
Florida
Statute
Felony
Degree Description
743
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
744
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.
745
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
746
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,

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resulting in death or serious
bodily injury.
747
327.30(5)(a)2. 3rd Vessel accidents involving
personal injuries other than
serious bodily injury; leaving
scene.
748
365.172
(14)(b)2.
2nd Misuse of emergency
communications system resulting
in death.
749
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,

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counterfeit, or imitation stone
crab trap tags; and engaging in
the commercial harvest of stone
crabs while license is
suspended or revoked.
750
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
751
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
752
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
753
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
754
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
755
440.381(2) 3rd Submission of false,
misleading, or incomplete

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information with the purpose of
avoiding or reducing workers'
compensation premiums.
756
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
757
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
758
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
759
790.162 2nd Threat to throw or discharge
destructive device.
760
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
761
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.

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762
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
763
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
764
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
765
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
766
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
767
810.145(4) 3rd Commercial digital voyeurism
dissemination.
768
810.145(7)(a) 2nd Digital voyeurism; 2nd or

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subsequent offense.
769
810.145(8)(a) 2nd Digital voyeurism; certain
minor victims.
770
812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft
from 20 or more dwellings or
their unenclosed curtilage, or
any combination.
771
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
772
812.015
(8)(a) & (c)-
(e)
3rd Retail theft; property stolen
is valued at $750 or more and
one or more specified acts.
773
812.015(8)(f) 3rd Retail theft; multiple thefts
within specified period.
774
812.015(8)(g) 3rd Retail theft; committed with
specified number of other
persons.
775

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812.019(1) 2nd Stolen property; dealing in or
trafficking in.
776
812.081(3) 2nd Trafficking in trade secrets.
777
812.131(2)(b) 3rd Robbery by sudden snatching.
778
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
779
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
780
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
781
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.
782
817.568(2)(b) 2nd Fraudulent use of personal

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identification information;
value of benefit, services
received, payment avoided, or
amount of injury or fraud,
$5,000 or more or use of
personal identification
information of 10 or more
persons.
783
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
784
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
785
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
786
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.

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787
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without
consent.
788
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.
789
843.01(1) 3rd Resist officer with violence to
person; resist arrest with
violence.
790
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
791
847.0137
(2) & (3)
3rd Transmission of pornography by
electronic device or equipment.
792
847.0138 3rd Transmission of material

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(2) & (3) harmful to minors to a minor by
electronic device or equipment.
793
849.02(3) 2nd Agents or employees of keeper
of gambling house, 3rd or
subsequent offense.
794
849.03(2) 2nd Renting house for gambling
purposes.
795
849.15(3)(c) 2nd Manufacture, sale, or
possession of a slot machine;
by a person of authority of
five or more machines or two or
more prior convictions.
796
849.157(2) 2nd False or misleading statement
to facilitate sale of slot
machines or devices; five or
more machines.
797
849.25(3) 2nd Bookmaking; second or
subsequent offense.
798
874.05(1)(b) 2nd Encouraging or recruiting

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another to join a criminal
gang; second or subsequent
offense.
799
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
800
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).
801
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

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community center.
802
893.13(1)(d)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
university.
803
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.
804
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

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public housing facility.
805
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
806
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
807
(g) LEVEL 7 808
809
Florida
Statute
Felony
Degree Description
810
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
811
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
812
316.1935(3)(b) 1st Causing serious bodily injury
or death to another person;
driving at high speed or with
wanton disregard for safety

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while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
813
327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious
bodily injury.
814
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
815
409.920
(2)(b)1.a.
3rd Medicaid provider fraud;
$10,000 or less.
816
409.920
(2)(b)1.b.
2nd Medicaid provider fraud; more
than $10,000, but less than
$50,000.
817
456.065(2) 3rd Practicing a health care
profession without a license.
818
456.065(2) 2nd Practicing a health care

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profession without a license
which results in serious bodily
injury.
819
458.327(1) 3rd Practicing medicine without a
license.
820
459.013(1) 3rd Practicing osteopathic medicine
without a license.
821
460.411(1) 3rd Practicing chiropractic
medicine without a license.
822
461.012(1) 3rd Practicing podiatric medicine
without a license.
823
462.17 3rd Practicing naturopathy without
a license.
824
463.015(1) 3rd Practicing optometry without a
license.
825
464.016(1) 3rd Practicing nursing without a
license.
826

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465.015(2) 3rd Practicing pharmacy without a
license.
827
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
828
467.201 3rd Practicing midwifery without a
license.
829
468.366 3rd Delivering respiratory care
services without a license.
830
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
831
483.901(7) 3rd Practicing medical physics
without a license.
832
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
833
484.053 3rd Dispensing hearing aids without
a license.
834

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494.0018(2) 1st Conviction of any violation of
chapter 494 in which the total
money and property unlawfully
obtained exceeded $50,000 and
there were five or more
victims.
835
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.
836
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
837
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
838
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew

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driver license or
identification card; other
registration violations.
839
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
840
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
841
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
842
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
843
782.071 2nd Killing of a human being or
unborn child by the operation

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of a motor vehicle in a
reckless manner (vehicular
homicide).
844
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
845
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
846
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
847
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
848
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
849
784.048(7) 3rd Aggravated stalking; violation
of court order.
850

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784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
851
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
852
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
853
784.081(1) 1st Aggravated battery on specified
official or employee.
854
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
855
784.083(1) 1st Aggravated battery on code
inspector.
856
787.025(2)(b) 2nd Luring or enticing a child;
second or subsequent offense.
857
787.025(2)(c) 2nd Luring or enticing a child with
a specified prior conviction.

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858
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
859
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.
860
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
861
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
862
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
863
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or

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attempting to commit a felony.
864
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
865
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
866
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
867
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.
868
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.

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869
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
870
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
871
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.
872
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.
873
806.01(2) 2nd Maliciously damage structure by
fire or explosive.

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874
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
875
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
876
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
877
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
878
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.
879
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand

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theft in 2nd degree.
880
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
881
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
882
812.014(2)(g) 2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
883
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
884
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
885
812.131(2)(a) 2nd Robbery by sudden snatching.
886

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812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
887
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
888
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
889
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
890
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
891
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.
892

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817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
893
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
894
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
895
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
896
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
897
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.
898

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827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
899
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
900
827.071(2) & (3) 2nd Use or induce a child in a
sexual performance, or promote
or direct such performance.
901
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child pornography.
902
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
903
838.015 2nd Bribery.
904
838.016 2nd Unlawful compensation or reward
for official behavior.

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905
838.021(3)(a) 2nd Unlawful harm to a public
servant.
906
838.22 2nd Bid tampering.
907
843.0855(2) 3rd Impersonation of a public
officer or employee.
908
843.0855(3) 3rd Unlawful simulation of legal
process.
909
843.0855(4) 3rd Intimidation of a public
officer or employee.
910
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
911
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
912
849.155 1st Trafficking in slot machines or
devices or any parts thereof.
913

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872.06 2nd Abuse of a dead human body.
914
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
915
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
916
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.
917
893.13(1)(e)1. 1st Sell, manufacture, or deliver

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cocaine or other drug
prohibited under s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.,
within 1,000 feet of property
used for religious services or
a specified business site.
918
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
919
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
920
893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
grams.
921
893.135
(1)(c)1.a.
1st Trafficking in illegal drugs,
more than 4 grams, less than 14
grams.
922
893.135 1st Trafficking in hydrocodone, 28

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(1)(c)2.a. grams or more, less than 50
grams.
923
893.135
(1)(c)2.b.
1st Trafficking in hydrocodone, 50
grams or more, less than 100
grams.
924
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
925
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 25
grams.
926
893.135
(1)(c)4.b.(I)
1st Trafficking in fentanyl, 4
grams or more, less than 14
grams.
927
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
928
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5

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kilograms.
929
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
930
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
931
893.135
(1)(h)1.a.
1st Trafficking in gamma-
hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
932
893.135
(1)(j)1.a.
1st Trafficking in 1,4-Butanediol,
1 kilogram or more, less than 5
kilograms.
933
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
934
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or

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more, less than 500 grams.
935
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
more, less than 1,000 grams.
936
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
937
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
938
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
939
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
940
943.0435(4)(c) 2nd Sexual offender vacating

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permanent residence; failure to
comply with reporting
requirements.
941
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
942
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
943
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
944
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
945
944.607(9) 3rd Sexual offender; failure to

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comply with reporting
requirements.
946
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
947
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
948
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
949
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
950
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or

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conceal a sexual offender.
951
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
952
Section 22. Paragraph (a) of subsection (1) and paragraph 953
(a) of subsection (2) of section 772.102, Florida Statutes, are 954
amended to read: 955
772.102 Definitions.—As used in this chapter, the term: 956
(1) "Criminal activity" means to commit, to attempt to 957
commit, to conspire to commit, or to solicit, coerce, or 958
intimidate another person to commit: 959
(a) Any crime that is chargeable by indictment or 960
information under the following provisions: 961
1. Section 210.18, relating to evasion of payment of 962
cigarette taxes. 963
2. Section 414.39, relating to public assistance fraud. 964
3. Section 440.105 or s. 440.106, relating to workers' 965
compensation. 966
4. Part IV of chapter 501, relating to telemarketing. 967
5. Chapter 517, relating to securities transactions. 968
6. Section 550.235 or s. 550.3551, relating to dogracing 969

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and horseracing. 970
7. Chapter 550, relating to jai alai frontons. 971
8. Chapter 552, relating to the manufacture, distribution, 972
and use of explosives. 973
9. Chapter 562, relating to beverage law enforcement. 974
10. Section 624.401, relating to transacting insurance 975
without a certificate of authority, s. 624.437(4)(c)1., relating 976
to operating an unauthorized multiple-employer welfare 977
arrangement, or s. 626.902(1)(b), relating to representing or 978
aiding an unauthorized insurer. 979
11. Chapter 687, relating to interest and usurious 980
practices. 981
12. Section 721.08, s. 721.09, or s. 721.13, relating to 982
real estate timeshare plans. 983
13. Chapter 782, relating to homicide. 984
14. Chapter 784, relating to assault and battery. 985
15. Chapter 787, relating to kidnapping or human 986
trafficking. 987
16. Chapter 790, relating to weapons and firearms. 988
17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07, 989
relating to prostitution. 990
18. Chapter 806, relating to arson. 991
19. Section 810.02(2)(c), relating to specified burglary 992
of a dwelling or structure. 993
20. Chapter 812, relating to theft, robbery, and related 994

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crimes. 995
21. Chapter 815, relating to computer-related crimes. 996
22. Chapter 817, relating to fraudulent practices, false 997
pretenses, fraud generally, and credit card crimes. 998
23. Section 827.071, relating to commercial sexual 999
exploitation of children. 1000
24. Chapter 831, relating to forgery and counterfeiting. 1001
25. Chapter 832, relating to issuance of worthless checks 1002
and drafts. 1003
26. Section 836.05, relating to extortion. 1004
27. Chapter 837, relating to perjury. 1005
28. Chapter 838, relating to bribery and misuse of public 1006
office. 1007
29. Chapter 843, relating to obstruction of justice. 1008
30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 1009
s. 847.07, relating to obscene literature and profanity. 1010
31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 1011
849.25, relating to gambling. 1012
32. Chapter 893, relating to drug abuse prevention and 1013
control. 1014
33. Section 914.22 or s. 914.23, relating to witnesses, 1015
victims, or informants. 1016
34. Section 918.12, s. 918.125, or s. 918.13, relating to 1017
tampering with or harassing court officials, retaliating against 1018
court officials, and tampering with evidence. 1019

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(2) "Unlawful debt" means any money or other thing of 1020
value constituting principal or interest of a debt that is 1021
legally unenforceable in this state in whole or in part because 1022
the debt was incurred or contracted: 1023
(a) In violation of any one of the following provisions of 1024
law: 1025
1. Section 550.235 or s. 550.3551, relating to dogracing 1026
and horseracing. 1027
2. Chapter 550, relating to jai alai frontons. 1028
3. Section 687.071, relating to criminal usury and loan 1029
sharking. 1030
4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 1031
849.25, relating to gambling. 1032
Section 23. Paragraph (a) of subsection (12) of section 1033
895.02, Florida Statutes, is amended to read: 1034
895.02 Definitions.—As used in ss. 895.01-895.08, the 1035
term: 1036
(12) "Unlawful debt" means any money or other thing of 1037
value constituting principal or interest of a debt that is 1038
legally unenforceable in this state in whole or in part because 1039
the debt was incurred or contracted: 1040
(a) In violation of any one of the following provisions of 1041
law: 1042
1. Section 550.235 or s. 550.3551, relating to dogracing 1043
and horseracing. 1044

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2. Chapter 550, relating to jai alai frontons. 1045
3. Section 551.109, relating to slot machine gaming. 1046
4. Chapter 687, relating to interest and usury. 1047
5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 1048
849.25, relating to gambling. 1049
Section 24. This act shall take effect October 1, 2026. 1050