Florida Senate - 2024 SB 1046
By Senator Martin
33-00487A-24 20241046__
1 A bill to be entitled
2 An act relating to gaming activities; amending s.
3 16.712, F.S.; exempting the Florida Gaming Control
4 Commission from ch. 255, F.S.; authorizing the
5 commission to acquire land, property interests,
6 buildings, or other improvements for the purpose of
7 securing and storing seized contraband; requiring such
8 property to be held in the name of the state; amending
9 s. 843.08, F.S.; prohibiting false personation of
10 personnel or representatives of the Florida Gaming
11 Control Commission; providing criminal penalties;
12 amending s. 849.01, F.S.; revising criminal penalties
13 for certain crimes relating to keeping a gambling
14 house or possessing certain gambling apparatuses;
15 revising the criminal penalty for operators of illegal
16 gambling or gaming houses when operating within 1,000
17 feet of certain places; defining the terms “community
18 center” and “real property of a public housing
19 facility”; revising criminal penalties for operators
20 of illegal gambling or gaming houses under certain
21 circumstances; prohibiting the raising of specified
22 arguments as a defense in prosecutions for certain
23 violations; revising the criminal penalty for
24 operators of illegal gambling or gaming houses when an
25 operator serves or allows to be served alcoholic
26 beverages at or on the premises; creating s. 849.011,
27 F.S.; prohibiting persons from disseminating any
28 advertisement for illegal gambling or gaming;
29 prohibiting owners or lessees of certain
30 establishments from knowingly permitting the
31 production or dissemination of any advertisement for
32 illegal gambling or gaming; prohibiting any type of
33 plate from being set up for the purpose of
34 disseminating any advertisement for illegal gambling
35 or gaming in or outside this state; providing
36 exceptions; providing criminal penalties; amending s.
37 849.03, F.S.; creating a rebuttable presumption that
38 an individual knows that the place he or she is
39 renting is being used for a gambling or gaming house
40 when there is one or more slot machines; amending s.
41 849.04, F.S.; revising the criminal penalties for
42 permitting minors and persons under guardianship to
43 gamble; amending s. 849.07, F.S.; revising the
44 criminal penalty for permitting gambling on billiard
45 or pool tables by a licenseholder; amending s. 849.09,
46 F.S.; revising the criminal penalty for individuals
47 who participate in illegal lotteries; providing an
48 exception; making technical changes; amending s.
49 849.10, F.S.; revising the criminal penalty for
50 printing lottery tickets; amending s. 849.13, F.S.;
51 revising the criminal penalty for individuals who are
52 subsequently convicted for illegal lotteries; making a
53 technical change; amending s. 849.15, F.S.; revising
54 criminal penalties for the manufacture, sale, or
55 possession of certain slot machine devices; revising
56 the criminal penalties based on subsequent
57 convictions, number of slot machine devices involved,
58 and a participant’s involvement; making technical
59 changes; amending s. 849.23, F.S.; revising the
60 criminal penalty for individuals who violate certain
61 sections of law that do not currently provide a
62 specified criminal penalty; revising the criminal
63 penalties for those individuals who are subsequently
64 convicted; making technical changes; amending s.
65 903.046, F.S.; revising the source of funds a court
66 shall consider when determining bail or other release
67 conditions when such funds may be linked to or derived
68 from illegal gambling or gaming activity; providing
69 legislative findings and intent; amending s. 921.0022,
70 F.S.; conforming a cross-reference; providing an
71 effective date.
72
73 Be It Enacted by the Legislature of the State of Florida:
74
75 Section 1. Subsection (8) is added to section 16.712,
76 Florida Statutes, to read:
77 16.712 Florida Gaming Control Commission authorizations,
78 duties, and responsibilities.—
79 (8) The commission is exempt from chapter 255 and may
80 purchase, lease, exchange, or otherwise acquire any land,
81 property interests, buildings, or other improvements, including
82 personal property within such buildings or on such lands, which
83 are necessary or useful in securing or storing any seized slot
84 machine or any other contraband. Such property must be held in
85 the name of the state.
86 Section 2. Section 843.08, Florida Statutes, is amended to
87 read:
88 843.08 False personation.—A person who falsely assumes or
89 pretends to be a firefighter, a sheriff, an officer of the
90 Florida Highway Patrol, an officer of the Fish and Wildlife
91 Conservation Commission, any personnel or representative of the
92 Florida Gaming Control Commission, an officer of the Department
93 of Environmental Protection, an officer of the Department of
94 Financial Services, any personnel or representative of the
95 Division of Investigative and Forensic Services, an officer of
96 the Department of Corrections, a correctional probation officer,
97 a deputy sheriff, a state attorney or an assistant state
98 attorney, a statewide prosecutor or an assistant statewide
99 prosecutor, a state attorney investigator, a coroner, a police
100 officer, a lottery special agent or lottery investigator, a
101 beverage enforcement agent, a school guardian as described in s.
102 30.15(1)(k), a security officer licensed under chapter 493, any
103 member of the Florida Commission on Offender Review or any
104 administrative aide or supervisor employed by the commission,
105 any personnel or representative of the Department of Law
106 Enforcement, or a federal law enforcement officer as defined in
107 s. 901.1505, and takes upon himself or herself to act as such,
108 or to require any other person to aid or assist him or her in a
109 matter pertaining to the duty of any such officer, commits a
110 felony of the third degree, punishable as provided in s.
111 775.082, s. 775.083, or s. 775.084. However, a person who
112 falsely personates any such officer during the course of the
113 commission of a felony commits a felony of the second degree,
114 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
115 If the commission of the felony results in the death or personal
116 injury of another human being, the person commits a felony of
117 the first degree, punishable as provided in s. 775.082, s.
118 775.083, or s. 775.084. In determining whether a defendant has
119 violated this section, the court or jury may consider any
120 relevant evidence, including, but not limited to, whether the
121 defendant used lights in violation of s. 316.2397 or s. 843.081.
122 Section 3. Section 849.01, Florida Statutes, is amended to
123 read:
124 849.01 Keeping gambling houses, etc.—
125 (1) Whoever by herself or himself, her or his servant,
126 clerk or agent, or in any other manner has, keeps, exercises, or
127 maintains a gaming table or room, or gaming implements or
128 apparatus, or house, booth, tent, shelter, or other place for
129 the purpose of gaming or gambling or in any place of which she
130 or he may directly or indirectly have charge, control, or
131 management, either exclusively or with others, procures,
132 suffers, or permits any person to play for money or other
133 valuable thing at any game whatever, whether heretofore
134 prohibited or not, commits a felony misdemeanor of the third
135 second degree, punishable as provided in s. 775.082, or s.
136 775.083, or s. 775.084.
137 (2) Notwithstanding subsection (1), a person who violates
138 this section commits a felony of the second degree if the
139 illegal gambling or gaming house described in subsection (1) is
140 located within 1,000 feet of any of the following:
141 (a) A physical place of worship.
142 (b) A public or private elementary, middle, or secondary
143 school.
144 (c) The real property comprising a public or private
145 college, university, or other postsecondary educational
146 institution.
147 (d) The real property of a child care facility as defined
148 in s. 402.302.
149 (e) The real property comprising a state, county, or
150 municipal park, a community center, or a publicly owned
151 recreational facility. As used in this paragraph, the term
152 “community center” means a facility operated by a nonprofit
153 community-based organization for the provision of recreational,
154 social, or educational services to the public.
155 (f) The real property comprising a mental health facility,
156 as that term is used in chapter 394.
157 (g) The real property of a health care facility licensed
158 under chapter 395 which provides substance abuse treatment.
159 (h) The real property of a licensed service provider as
160 defined in s. 397.311.
161 (i) The real property of a facility providing services that
162 include clinical treatment, intervention, or prevention as those
163 terms are defined in s. 397.311(26).
164 (j) A recovery residence as defined in s. 397.311.
165 (k) An assisted living facility as defined in s. 429.02.
166 (l) A pain-management clinic as defined in s.
167 458.3265(1)(a)1.c.
168 (m) The real property of a public housing facility at any
169 time. As used in this paragraph, the term “real property of a
170 public housing facility” means real property, as defined in s.
171 421.03(12), of a public corporation created as a housing
172 authority pursuant to part I of chapter 421.
173 (n) A convenience business as defined in s. 812.171.
174 (3) Notwithstanding subsection (1), a person who violates
175 this section and, while at or on the premises of the illegal
176 gambling or gaming house described in subsection (1), actually
177 or constructively possesses a destructive device or a weapon, as
178 those terms are defined in s. 790.001, which is not a firearm as
179 defined in s. 790.001, commits a felony of the second degree,
180 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
181 (4) Notwithstanding subsection (1), a person who violates
182 this section and, while at or on the premises of the illegal
183 gambling or gaming house, actually or constructively possesses a
184 firearm as defined in s. 790.001 commits a felony of the first
185 degree, punishable as provided in s. 775.082, s. 775.083, or s.
186 775.084.
187 (5)(a) Notwithstanding subsection (1), a person who
188 violates this section and, during the course of the violation,
189 an individual under the age of 21 or 65 years of age or older is
190 present at or on the premises of the illegal gambling or gaming
191 house described in subsection (1), commits a felony of the
192 second degree, punishable as provided in s. 775.082, s. 775.083,
193 or s. 775.084.
194 (b) A person’s ignorance of an individual’s age, an
195 individual’s misrepresentation of his or her age, or a bona fide
196 belief of an individual’s consent may not be raised as a defense
197 in a prosecution for a violation of this subsection.
198 (6)(a) Notwithstanding subsection (1), a person who
199 violates this section and, during the course of the violation,
200 an individual under the age of 21 or 65 years of age or older is
201 present at or on the premises of the illegal gambling or gaming
202 house described in subsection (1) and is participating in any
203 illegal gambling or gaming activity, commits a felony of the
204 first degree, punishable as provided in s. 775.082, s. 775.083,
205 or s. 775.084.
206 (b) A person’s ignorance of an individual’s age, an
207 individual’s misrepresentation of his or her age, or a bona fide
208 belief of an individual’s consent may not be raised as a defense
209 in a prosecution for a violation of this subsection.
210 (7) Notwithstanding subsection (1), a person who violates
211 this section and serves or allows to be served any alcoholic
212 beverage as defined in s. 561.01(4), at or on the premises of
213 the illegal gambling or gaming house described in subsection
214 (1), regardless of whether the location of the illegal gambling
215 or gaming house is licensed with the Department of Business and
216 Professional Regulation or the Division of Alcoholic Beverages
217 and Tobacco to otherwise serve or sell alcoholic beverages
218 pursuant to chapter 561, commits a felony of the second degree,
219 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
220 Section 4. Section 849.011, Florida Statutes, is created to
221 read:
222 849.011 Gambling or gaming advertising; prohibited.—
223 (1) Except as otherwise provided by law, it is unlawful for
224 any person to write, typewrite, print, publish, or disseminate
225 in any way any advertisement, circular, bill, poster, pamphlet,
226 list, schedule, announcement, or notice of an illegal gambling
227 or gaming operation or any other matter or thing in any way
228 related to or in connection with illegal gambling or gaming. It
229 is unlawful to set up any type of plate for any advertisement in
230 relation to or connection with illegal gambling or gaming to be
231 used or distributed in this state or to be sent outside of this
232 state.
233 (2) Except as otherwise provided by law, it is unlawful for
234 the owner or lessee of a house, shop, office, building, or any
235 other establishment of any kind in this state to knowingly
236 permit the printing, typewriting, writing, publishing, or any
237 other dissemination of any advertisement, circular, bill,
238 poster, pamphlet, list, schedule, announcement, or notice of any
239 activity in relation to or connection with illegal gambling or
240 gaming. It is unlawful for the owner or lessee of a house, shop,
241 office, building, or any other establishment of any kind in this
242 state to knowingly permit the setting up of any type of plate
243 for gambling purposes to be used or distributed in this state or
244 to be sent outside of this state.
245 (3) This section does not prohibit the printing or
246 producing within this state of any advertisement for gambling or
247 gaming conducted in any other state or nation where such
248 gambling or gaming is permitted, or the sale of such materials
249 by manufacturers in this state to any person or entity
250 conducting or participating in such gambling or gaming in any
251 other state or nation. This section does not authorize any
252 advertisement within this state relating to any gambling or
253 gaming of any other state or nation, or the sale or resale of
254 anything related to gambling or gaming within this state.
255 (4) Any person who violates this section commits a felony
256 of the second degree, punishable as provided in s. 775.082, s.
257 775.083, or s. 775.084.
258 Section 5. Section 849.03, Florida Statutes, is amended to
259 read:
260 849.03 Renting house for gambling purposes.—
261 (1) Whoever, whether as owner or agent, knowingly rents to
262 another a house, room, booth, tent, shelter, or place for the
263 purpose of gaming shall be punished in the manner and to the
264 extent mentioned in s. 849.01.
265 (2) The presence of one or more slot machines or devices as
266 defined in s. 849.16 at the house, room, booth, tent, shelter,
267 or place referenced in subsection (1) creates a rebuttable
268 presumption that an individual is knowingly renting such a
269 house, room, booth, tent, shelter, or place for the purpose of
270 gambling or gaming.
271 Section 6. Section 849.04, Florida Statutes, is amended to
272 read:
273 849.04 Permitting minors and persons under guardianship to
274 gamble.—The proprietor, owner, or keeper of any E. O., keno or
275 pool table, or billiard table, wheel of fortune, or other game
276 of chance kept for the purpose of betting, who willfully and
277 knowingly allows a minor or person who is mentally incompetent
278 or under guardianship to play at such game or to bet on such
279 game of chance; or whoever aids or abets or otherwise encourages
280 such playing or betting of any money or other valuable thing
281 upon the result of such game of chance by a minor or person who
282 is mentally incompetent or under guardianship, commits a felony
283 of the second third degree, punishable as provided in s.
284 775.082, s. 775.083, or s. 775.084. For the purpose of this
285 section, the term “person who is mentally incompetent” means a
286 person who because of mental illness, intellectual disability,
287 senility, excessive use of drugs or alcohol, or other mental
288 incapacity is incapable of managing his or her property or
289 caring for himself or herself or both.
290 Section 7. Section 849.07, Florida Statutes, is amended to
291 read:
292 849.07 Permitting gambling on billiard or pool table by
293 holder of license.—If any holder of a license to operate a
294 billiard or pool table shall permit any person to play billiards
295 or pool or any other game for money, or any other thing of
296 value, upon such tables, she or he shall be deemed guilty of a
297 felony misdemeanor of the third second degree, punishable as
298 provided in s. 775.082, or s. 775.083, or s. 775.084.
299 Section 8. Section 849.09, Florida Statutes, is amended to
300 read:
301 849.09 Lottery prohibited; exceptions.—
302 (1) It is unlawful for any person in this state to do any
303 of the following:
304 (a) Set up, promote, or conduct any lottery for money or
305 for anything of value.;
306 (b) Dispose of any money or other property of any kind
307 whatsoever by means of any lottery.;
308 (c) Conduct any lottery drawing for the distribution of a
309 prize or prizes by lot or chance, or advertise any such lottery
310 scheme or device in any newspaper or by circulars, posters,
311 pamphlets, radio, telegraph, telephone, or otherwise.;
312 (d) Aid or assist in the setting up, promoting, or
313 conducting of any lottery or lottery drawing, whether by
314 writing, printing, or in any other manner whatsoever, or be
315 interested in or connected in any way with any lottery or
316 lottery drawing.;
317 (e) Attempt to operate, conduct, or advertise any lottery
318 scheme or device.;
319 (f) Have in her or his possession any lottery wheel,
320 implement, or device whatsoever for conducting any lottery or
321 scheme for the disposal by lot or chance of anything of value.;
322 (g) Sell, offer for sale, or transmit, in person or by mail
323 or in any other manner whatsoever, any lottery ticket, coupon,
324 or share, or any share in or fractional part of any lottery
325 ticket, coupon, or share, whether such ticket, coupon, or share
326 represents an interest in a live lottery not yet played or
327 whether it represents, or has represented, an interest in a
328 lottery that has already been played.;
329 (h) Have in her or his possession any lottery ticket, or
330 any evidence of any share or right in any lottery ticket, or in
331 any lottery scheme or device, whether such ticket or evidence of
332 share or right represents an interest in a live lottery not yet
333 played or whether it represents, or has represented, an interest
334 in a lottery that has already been played.;
335 (i) Aid or assist in the sale, disposal, or procurement of
336 any lottery ticket, coupon, or share, or any right to any
337 drawing in a lottery.;
338 (j) Have in her or his possession any lottery
339 advertisement, circular, poster, or pamphlet, or any list or
340 schedule of any lottery prizes, gifts, or drawings.; or
341 (k) Have in her or his possession any so-called “run down
342 sheets,” tally sheets, or other papers, records, instruments, or
343 paraphernalia designed for use, either directly or indirectly,
344 in, or in connection with, the violation of the laws of this
345 state prohibiting lotteries and gambling.
346 (2) This section does not prohibit participation in any
347 nationally advertised contest, drawing, game, or puzzle of skill
348 or chance for a prize or prizes unless it can be construed as a
349 lottery under this section. Exemptions for national contests do
350 not apply to any such contest based upon the outcome or results
351 of any horserace, harness race, dograce, or jai alai game.
352
353 Provided, that nothing in this section shall prohibit
354 participation in any nationally advertised contest, drawing,
355 game or puzzle of skill or chance for a prize or prizes unless
356 it can be construed as a lottery under this section; and,
357 provided further, that this exemption for national contests
358 shall not apply to any such contest based upon the outcome or
359 results of any horserace, harness race, dograce, or jai alai
360 game.
361 (3)(2) Any person who is convicted of violating paragraph
362 (1)(a), paragraph (1)(b), paragraph (1)(c), or paragraph (1)(d)
363 commits any of the provisions of paragraph (a), paragraph (b),
364 paragraph (c), or paragraph (d) of subsection (1) is guilty of a
365 felony of the second third degree, punishable as provided in s.
366 775.082, s. 775.083, or s. 775.084.
367 (4)(3) Any person who is convicted of violating paragraph
368 (1)(e), paragraph (1)(f), paragraph (1)(g), or paragraph (1)(k)
369 commits any of the provisions of paragraph (e), paragraph (f),
370 paragraph (g), paragraph (i), or paragraph (k) of subsection (1)
371 is guilty of a misdemeanor of the first degree, punishable as
372 provided in s. 775.082 or s. 775.083. Any person who, having
373 been convicted of violating any provision thereof, thereafter
374 violates any provision thereof is guilty of a felony of the
375 third degree, punishable as provided in s. 775.082, s. 775.083,
376 or s. 775.084. The provisions of this section do not apply to
377 bingo as provided for in s. 849.0931.
378 (5)(4) Any person who is convicted of violating paragraph
379 (1)(h), paragraph (1)(i), or paragraph (1)(j) commits any of the
380 provisions of paragraph (h) or paragraph (j) of subsection (1)
381 is guilty of a felony misdemeanor of the third first degree,
382 punishable as provided in s. 775.082, or s. 775.083, or s.
383 775.084. Any person who, having been convicted of violating any
384 provision thereof, thereafter violates any provision thereof is
385 guilty of a felony of the second third degree, punishable as
386 provided in s. 775.082, s. 775.083, or s. 775.084.
387 Section 9. Subsection (4) of section 849.10, Florida
388 Statutes, is amended to read:
389 849.10 Printing lottery tickets, etc., prohibited.—
390 (4) Any violation of this section shall be a felony of the
391 second third degree, punishable as provided in s. 775.082, s.
392 775.083, or s. 775.084.
393 Section 10. Section 849.13, Florida Statutes, is amended to
394 read:
395 849.13 Punishment on second conviction.—Whoever, after
396 being convicted of an offense forbidden by law in connection
397 with lotteries, commits the like offense, commits shall be
398 guilty of a felony misdemeanor of the next higher first degree,
399 punishable as provided in s. 775.082, or s. 775.083, or s.
400 775.084.
401 Section 11. Section 849.15, Florida Statutes, is amended to
402 read:
403 849.15 Manufacture, sale, possession, etc., of slot
404 machines or devices prohibited.—
405 (1) It is unlawful to do any of the following:
406 (a) To manufacture, own, store, keep, possess, sell, rent,
407 lease, let on shares, lend or give away, transport, or expose
408 for sale or lease, or to offer to sell, rent, lease, let on
409 shares, lend or give away, or permit the operation of, or for
410 any person to permit to be placed, maintained, or used or kept
411 in any room, space, or building owned, leased or occupied by the
412 person or under the person’s management or control, any slot
413 machine or device or any part thereof.; or
414 (b) To make or to permit to be made with any person any
415 agreement with reference to any slot machine or device, pursuant
416 to which the user thereof, as a result of any element of chance
417 or other outcome unpredictable to him or her, may become
418 entitled to receive any money, credit, allowance, or thing of
419 value or additional chance or right to use such machine or
420 device, or to receive any check, slug, token or memorandum
421 entitling the holder to receive any money, credit, allowance or
422 thing of value.
423 (2) Any person convicted of violating subsection (1)
424 commits a felony of the third degree, punishable as provided in
425 s. 775.082, s. 775.083, or s. 775.084.
426 (3) Any person convicted of a second violation of
427 subsection (1) commits a felony of the second degree, punishable
428 as provided in s. 775.082, s. 775.083, or s. 775.084.
429 (4) Any person convicted of a third or subsequent violation
430 of subsection (1) commits a felony of the first degree,
431 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
432 (5) Any person convicted of violating subsection (1), and
433 such conviction involved the use of more than one but fewer than
434 five slot machines, commits a felony of the second degree,
435 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
436 (6) Any person convicted of violating subsection (1), and
437 such conviction involved the use of five or more slot machines,
438 commits a felony of the first degree, punishable as provided in
439 s. 775.082, s. 775.083, or s. 775.084.
440 (7) Notwithstanding any provision of this section, any
441 person convicted of violating subsection (1), and who is not a
442 manager, supervisor, or owner of any location at which a slot
443 machine is offered for play, commits a misdemeanor of the first
444 degree, punishable as provided in s. 775.082 or s. 775.083. For
445 purposes of this subsection, a person is a manager, a
446 supervisor, or an owner if he or she is working at the location
447 where a slot machine is offered for play, has supervisory duties
448 at the location where a slot machine is offered for play, or has
449 any ownership interest in the business where a slot machine is
450 located.
451 (8) Pursuant to section 2 of that chapter of the Congress
452 of the United States entitled “An act to prohibit transportation
453 of gaming devices in interstate and foreign commerce,” approved
454 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
455 designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
456 acting by and through the duly elected and qualified members of
457 its Legislature, does hereby in this section, and in accordance
458 with and in compliance with the provisions of section 2 of such
459 chapter of Congress, declare and proclaim that any county of the
460 State of Florida within which slot machine gaming is authorized
461 pursuant to chapter 551 is exempt from the provisions of section
462 2 of that chapter of the Congress of the United States entitled
463 “An act to prohibit transportation of gaming devices in
464 interstate and foreign commerce,” designated as 15 U.S.C. ss.
465 1171-1177, approved January 2, 1951. All shipments of gaming
466 devices, including slot machines, into any county of this state
467 within which slot machine gaming is authorized pursuant to
468 chapter 551 and the registering, recording, and labeling of
469 which have been duly performed by the manufacturer or
470 distributor thereof in accordance with sections 3 and 4 of that
471 chapter of the Congress of the United States entitled “An act to
472 prohibit transportation of gaming devices in interstate and
473 foreign commerce,” approved January 2, 1951, being ch. 1194, 64
474 Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
475 shall be deemed legal shipments thereof into this state provided
476 the destination of such shipments is an eligible facility as
477 defined in s. 551.102 or the facility of a slot machine
478 manufacturer or slot machine distributor as provided in s.
479 551.109(2)(a).
480 Section 12. Section 849.23, Florida Statutes, is amended to
481 read:
482 849.23 Penalty for violations of ss. 849.15-849.22.—
483 (1) Whoever shall violate any of the provisions of ss.
484 849.15-849.22, for which no penalty is already specified, shall,
485 upon conviction thereof, be guilty of a felony misdemeanor of
486 the third second degree, punishable as provided in s. 775.082,
487 or s. 775.083, or s. 775.084.
488 (2) Any person convicted of violating any provision of ss.
489 849.15-849.22, for which no penalty is already specified, a
490 second time shall, upon conviction thereof, be guilty of a
491 felony misdemeanor of the second first degree, punishable as
492 provided in s. 775.082, or s. 775.083, or s. 775.084.
493 (3) Any person violating any provision of ss. 849.15
494 849.22, for which no penalty is already specified, after having
495 been twice convicted already, commits shall be deemed a “common
496 offender,” and shall be guilty of a felony of the first third
497 degree, punishable as provided in s. 775.082, s. 775.083, or s.
498 775.084.
499 Section 13. Present paragraphs (i) through (m) of
500 subsection (2) of section 903.046, Florida Statutes, are
501 redesignated as paragraphs (j) through (n), respectively, a new
502 paragraph (i) is added to that subsection, and paragraph (f) of
503 that subsection is amended, to read:
504 903.046 Purpose of and criteria for bail determination.—
505 (2) When determining whether to release a defendant on bail
506 or other conditions, and what that bail or those conditions may
507 be, the court shall consider:
508 (f) The source of funds used to post bail or procure an
509 appearance bond, particularly whether the proffered funds, real
510 property, property, or any proposed collateral or bond premium
511 may be linked to or derived from the crime alleged to have been
512 committed, from any crime involving any controlled substance,
513 from any crime involving a slot machine or any type of illegal
514 gambling or gaming, or from any other criminal or illicit
515 activities. The burden of establishing the noninvolvement in or
516 nonderivation from criminal or other illicit activity of such
517 proffered funds, real property, property, or any proposed
518 collateral or bond premium falls upon the defendant or other
519 person proffering them to obtain the defendant’s release.
520 (i) The amount of currency seized that is connected either
521 directly or indirectly to any violation of chapter 550, chapter
522 551, or chapter 849. It is the finding of the Legislature that
523 any violation of chapter 550, chapter 551, or chapter 849 is of
524 serious social concern, that the flight of defendants to avoid
525 prosecution is of similar serious social concern, and that
526 frequently such defendants are able to post monetary bail using
527 the proceeds of their unlawful enterprises to defeat the social
528 utility of pretrial bail. Therefore, it is the intent of the
529 Legislature that courts be required to carefully consider the
530 utility and necessity of substantial bail in relation to the
531 amount of proceeds a defendant obtained from any violation of
532 chapter 550, chapter 551, or chapter 849.
533 Section 14. Paragraphs (a) and (b) of subsection (3) of
534 section 921.0022, Florida Statutes, are amended to read:
535 921.0022 Criminal Punishment Code; offense severity ranking
536 chart.—
537 (3) OFFENSE SEVERITY RANKING CHART
538 (a) LEVEL 1
539
540 FloridaStatute FelonyDegree Description
541 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
542 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
543 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
544 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
545 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
546 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
547 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
548 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
549 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
550 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
551 322.212(5)(a) 3rd False application for driver license or identification card.
552 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
553 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
554 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
555 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
556 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
557 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
558 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
559 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
560 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
561 826.01 3rd Bigamy.
562 828.122(3) 3rd Fighting or baiting animals.
563 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
564 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
565 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
566 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
567 838.15(2) 3rd Commercial bribe receiving.
568 838.16 3rd Commercial bribery.
569 843.18 3rd Fleeing by boat to elude a law enforcement officer.
570 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
571 849.09(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.
572 849.23 3rd Gambling-related machines; “common offender” as to property rights.
573 849.25(2) 3rd Engaging in bookmaking.
574 860.08 3rd Interfere with a railroad signal.
575 860.13(1)(a) 3rd Operate aircraft while under the influence.
576 893.13(2)(a)2. 3rd Purchase of cannabis.
577 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
578 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
579 (b) LEVEL 2
580
581 FloridaStatute FelonyDegree Description
582 379.2431 (1)(e)3. 3rd Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
583 379.2431 (1)(e)4. 3rd Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
584 403.413(6)(c) 3rd Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
585 517.07(2) 3rd Failure to furnish a prospectus meeting requirements.
586 590.28(1) 3rd Intentional burning of lands.
587 784.03(3) 3rd Battery during a riot or an aggravated riot.
588 784.05(3) 3rd Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
589 787.04(1) 3rd In violation of court order, take, entice, etc., minor beyond state limits.
590 806.13(1)(b)3. 3rd Criminal mischief; damage $1,000 or more to public communication or any other public service.
591 806.13(3) 3rd Criminal mischief; damage of $200 or more to a memorial or historic property.
592 810.061(2) 3rd Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
593 810.09(2)(e) 3rd Trespassing on posted commercial horticulture property.
594 812.014(2)(c)1. 3rd Grand theft, 3rd degree; $750 or more but less than $5,000.
595 812.014(2)(d) 3rd Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
596 812.015(7) 3rd Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
597 817.234(1)(a)2. 3rd False statement in support of insurance claim.
598 817.481(3)(a) 3rd Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
599 817.52(3) 3rd Failure to redeliver hired vehicle.
600 817.54 3rd With intent to defraud, obtain mortgage note, etc., by false representation.
601 817.60(5) 3rd Dealing in credit cards of another.
602 817.60(6)(a) 3rd Forgery; purchase goods, services with false card.
603 817.61 3rd Fraudulent use of credit cards over $100 or more within 6 months.
604 826.04 3rd Knowingly marries or has sexual intercourse with person to whom related.
605 831.01 3rd Forgery.
606 831.02 3rd Uttering forged instrument; utters or publishes alteration with intent to defraud.
607 831.07 3rd Forging bank bills, checks, drafts, or promissory notes.
608 831.08 3rd Possessing 10 or more forged notes, bills, checks, or drafts.
609 831.09 3rd Uttering forged notes, bills, checks, drafts, or promissory notes.
610 831.11 3rd Bringing into the state forged bank bills, checks, drafts, or notes.
611 832.05(3)(a) 3rd Cashing or depositing item with intent to defraud.
612 843.01(2) 3rd Resist police canine or police horse with violence; under certain circumstances.
613 843.08 3rd False personation.
614 843.19(3) 3rd Touch or strike police, fire, SAR canine or police horse.
615 849.09(1)(a)-(d) 2nd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
616 893.13(2)(a)2. 3rd Purchase of any 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 other than cannabis.
617 893.147(2) 3rd Manufacture or delivery of drug paraphernalia.
618 Section 15. This act shall take effect July 1, 2024.