CS for CS for SB 1046 First Engrossed
20241046e1
1 A bill to be entitled
2 An act relating to gaming control; amending s. 843.08,
3 F.S.; prohibiting a person from falsely personating
4 any personnel or representative from the Florida
5 Gaming Control Commission; providing a criminal
6 penalty; amending s. 849.01, F.S.; specifying that a
7 violation of the prohibition against keeping a
8 gambling house must be committed knowingly; increasing
9 the criminal penalty for a violation; amending s.
10 849.15, F.S.; providing definitions; increasing the
11 criminal penalty for specified violations involving a
12 slot machine or device; providing requirements for
13 notice of violations; providing construction;
14 prohibiting a person who knowingly destroys, conceals,
15 or removes slot machines or devices or any part
16 thereof under certain circumstances; providing
17 criminal penalties; creating s. 849.155, F.S.;
18 prohibiting a person from trafficking in slot machines
19 or devices; providing a criminal penalty; requiring a
20 court to order an offender to pay a specified fine if
21 he or she is convicted of trafficking in a specified
22 number of slot machines or devices; providing for
23 deposit of fines collected and use of proceeds;
24 creating s. 849.157, F.S.; prohibiting a person from
25 making false statements or disseminating false
26 information regarding the legality of a slot machine
27 or device to facilitate the sale or delivery of such
28 device; providing criminal penalties; repealing s.
29 849.23, F.S., relating to penalties for specified
30 violations; creating s. 849.47, F.S.; prohibiting a
31 person from, for profit or hire, transporting or
32 procuring the transportation of a specified number of
33 other persons to facilitate illegal gambling;
34 providing criminal penalties; defining the term
35 “illegal gambling”; creating s. 849.48, F.S.;
36 prohibiting a person from making or disseminating
37 specified advertisements to promote or facilitate
38 illegal gambling; prohibiting activities for creation
39 of specified advertisements if a person knows or
40 reasonably should know such material will be used to
41 promote or facilitate illegal gambling; providing a
42 criminal penalty; providing an exception; defining the
43 term “illegal gambling”; creating s. 849.49, F.S.;
44 specifying that the regulation of gambling is
45 expressly preempted to the state; providing an
46 exception; amending s. 903.046, F.S.; requiring a
47 court to consider the amount of currency seized that
48 is connected to specified violations relating to
49 illegal gambling when determining bail; amending s.
50 921.0022, F.S.; ranking offenses created by the act on
51 the offense severity ranking chart of the Criminal
52 Punishment Code; reranking specified offenses on the
53 offense severity ranking chart of the Criminal
54 Punishment Code; conforming provisions to changes made
55 by the act; amending ss. 772.102 and 895.02, F.S.;
56 conforming provisions to changes made by the act;
57 providing an effective date.
58
59 Be It Enacted by the Legislature of the State of Florida:
60
61 Section 1. Section 843.08, Florida Statutes, is amended to
62 read:
63 843.08 False personation.—A person who falsely assumes or
64 pretends to be a firefighter, a sheriff, an officer of the
65 Florida Highway Patrol, an officer of the Fish and Wildlife
66 Conservation Commission, an officer of the Department of
67 Environmental Protection, an officer of the Department of
68 Financial Services, any personnel or representative of the
69 Division of Investigative and Forensic Services, any personnel
70 or representative of the Florida Gaming Control Commission, an
71 officer of the Department of Corrections, a correctional
72 probation officer, a deputy sheriff, a state attorney or an
73 assistant state attorney, a statewide prosecutor or an assistant
74 statewide prosecutor, a state attorney investigator, a coroner,
75 a police officer, a lottery special agent or lottery
76 investigator, a beverage enforcement agent, a school guardian as
77 described in s. 30.15(1)(k), a security officer licensed under
78 chapter 493, any member of the Florida Commission on Offender
79 Review or any administrative aide or supervisor employed by the
80 commission, any personnel or representative of the Department of
81 Law Enforcement, or a federal law enforcement officer as defined
82 in s. 901.1505, and takes upon himself or herself to act as
83 such, or to require any other person to aid or assist him or her
84 in a matter pertaining to the duty of any such officer, commits
85 a felony of the third degree, punishable as provided in s.
86 775.082, s. 775.083, or s. 775.084. However, a person who
87 falsely personates any such officer during the course of the
88 commission of a felony commits a felony of the second degree,
89 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
90 If the commission of the felony results in the death or personal
91 injury of another human being, the person commits a felony of
92 the first degree, punishable as provided in s. 775.082, s.
93 775.083, or s. 775.084. In determining whether a defendant has
94 violated this section, the court or jury may consider any
95 relevant evidence, including, but not limited to, whether the
96 defendant used lights in violation of s. 316.2397 or s. 843.081.
97 Section 2. Section 849.01, Florida Statutes, is amended to
98 read:
99 849.01 Keeping gambling houses, etc.—Whoever by herself or
100 himself, her or his servant, clerk or agent, or in any other
101 manner knowingly has, keeps, exercises or maintains a gaming
102 table or room, or gaming implements or apparatus, or house,
103 booth, tent, shelter or other place for the purpose of gaming or
104 gambling or in any place of which she or he may directly or
105 indirectly have charge, control or management, either
106 exclusively or with others, procures, suffers or permits any
107 person to play for money or other valuable thing at any game
108 whatever, whether heretofore prohibited or not, commits a felony
109 of the third misdemeanor of the second degree, punishable as
110 provided in s. 775.082, or s. 775.083, or 775.084.
111 Section 3. Section 849.15, Florida Statutes, is amended to
112 read:
113 849.15 Manufacture, sale, possession, etc., of slot
114 machines or devices prohibited.—
115 (1) As used in this section the term:
116 (a) “Conviction” means a determination of guilt that is the
117 result of a plea or a trial, regardless of whether adjudication
118 is withheld or a plea of nolo contendere is entered.
119 (b) “Manager” means a person who, at any business,
120 establishment, premises, or other location at which a slot
121 machine or device is offered for play, has:
122 1. Authorization to operate or hold open the business,
123 establishment, premises, or other location without any other
124 employee present;
125 2. Authorization to supervise another employee or
126 employees; or
127 3. Any ownership interest in the business, establishment,
128 premises, or other location.
129 (2)(1) It is unlawful:
130 (a) To manufacture, own, store, keep, possess, sell, rent,
131 lease, let on shares, lend or give away, transport, or expose
132 for sale or lease, or to offer to sell, rent, lease, let on
133 shares, lend or give away, or permit the operation of, or for
134 any person to permit to be placed, maintained, or used or kept
135 in any room, space, or building owned, leased or occupied by the
136 person or under the person’s management or control, any slot
137 machine or device or any part thereof; or
138 (b) To make or to permit to be made with any person any
139 agreement with reference to any slot machine or device, pursuant
140 to which the user thereof, as a result of any element of chance
141 or other outcome unpredictable to him or her, may become
142 entitled to receive any money, credit, allowance, or thing of
143 value or additional chance or right to use such machine or
144 device, or to receive any check, slug, token or memorandum
145 entitling the holder to receive any money, credit, allowance or
146 thing of value.
147 (3)(a) Except as provided in paragraphs (b) and (c), a
148 person who violates subsection (2) commits a misdemeanor of the
149 first degree, punishable as provided in s. 775.082 or s.
150 775.083.
151 (b) If a person has received notice from the commission or
152 any other law enforcement agency in this state that the
153 operations at the establishment, premises, or other location
154 violate subsection (2), and, within 7 days of receiving such
155 notice, fails to cease and desist such operations at the
156 establishment, premises, or other location, or at any other
157 location where such person is conducting operations that violate
158 subsection (2), such person commits a felony of the third
159 degree, punishable as provided in s. 775.082, s. 775.083, or s.
160 775.084, if:
161 1. At the time of the violation the person is knowingly
162 acting as a manager; or
163 2. He or she has one prior conviction for a violation of
164 this section.
165 (c) If a person has received notice from the commission or
166 any other law enforcement agency in this state that the
167 operations at the establishment, premises, or other location
168 violate subsection (2), and, within 7 days of receiving such
169 notice, fails to cease and desist such operations at the
170 establishment, premises, or other location, or at any other
171 location where such person is conducting operations that violate
172 subsection (2), such person commits a felony of the second
173 degree, punishable as provided in s. 775.082, s. 775.083, or s.
174 775.084, if:
175 1.a. At the time of the violation the person is knowingly
176 acting as a manager; and
177 b. The violation involves five or more slot machines or
178 devices; or
179 2. He or she has two or more prior convictions for a
180 violation of this section.
181 (d) For the purposes of this subsection, a person is deemed
182 to receive notice as described in paragraph (b) or paragraph (c)
183 at the time an agent of the commission or any other law
184 enforcement agency serves the notice to the person by:
185 1. Hand delivery;
186 2. Certified mail, return receipt requested;
187 3. Posting a notice to a conspicuous place on the exterior
188 of the establishment, premises, or other location where the
189 person is conducting operations that violate subsection (2),
190 which notice must be posted by an agent of the commission or any
191 other law enforcement agency; or
192 4. Service of process pursuant to chapter 48.
193 (e) The issuance of a notice as described in paragraph (b)
194 or paragraph (c) does not constitute agency action for any
195 purpose of chapter 120, including hearing rights under s.
196 120.569 or s. 120.57.
197 (4) A person who knowingly alters, destroys, conceals, or
198 removes a slot machine or device or any part thereof that is the
199 subject of a notice described in subsection (3) commits a felony
200 of the third degree, punishable as provided in s. 775.082, s.
201 775.083, or s. 775.084.
202 (5)(2) Pursuant to section 2 of that chapter of the
203 Congress of the United States entitled “An act to prohibit
204 transportation of gaming devices in interstate and foreign
205 commerce,” approved January 2, 1951, being ch. 1194, 64 Stat.
206 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
207 of Florida, acting by and through the duly elected and qualified
208 members of its Legislature, does hereby in this section, and in
209 accordance with and in compliance with the provisions of section
210 2 of such chapter of Congress, declare and proclaim that any
211 county of the State of Florida within which slot machine gaming
212 is authorized pursuant to chapter 551 is exempt from the
213 provisions of section 2 of that chapter of the Congress of the
214 United States entitled “An act to prohibit transportation of
215 gaming devices in interstate and foreign commerce,” designated
216 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
217 shipments of gaming devices, including slot machines, into any
218 county of this state within which slot machine gaming is
219 authorized pursuant to chapter 551 and the registering,
220 recording, and labeling of which have been duly performed by the
221 manufacturer or distributor thereof in accordance with sections
222 3 and 4 of that chapter of the Congress of the United States
223 entitled “An act to prohibit transportation of gaming devices in
224 interstate and foreign commerce,” approved January 2, 1951,
225 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
226 ss. 1171-1177, shall be deemed legal shipments thereof into this
227 state provided the destination of such shipments is an eligible
228 facility as defined in s. 551.102 or the facility of a slot
229 machine manufacturer or slot machine distributor as provided in
230 s. 551.109(2)(a).
231 Section 4. Section 849.155, Florida Statutes, is created to
232 read:
233 849.155 Trafficking in slot machines or devices or any
234 parts thereof.—Any person who knowingly sells, purchases,
235 manufactures, transports, delivers, or brings into this state
236 more than 15 slot machines or devices or any part thereof
237 commits a felony of the first degree, punishable as provided in
238 s. 775.082, s. 775.083, or s. 775.084. If the quantity of slot
239 machines or devices or any part thereof involved:
240 (1) Is more than 15 slot machines or devices or any part
241 thereof, but less than 25 slot machines or devices or any part
242 thereof, such person must be ordered to pay a fine of $100,000.
243 (2) Is 25 slot machines or devices or any part thereof or
244 more, but less than 50 slot machines or devices or any part
245 thereof, such person must be ordered to pay a fine of $250,000.
246 (3) Is 50 slot machines or devices or any part thereof or
247 more, such person must be ordered to pay a fine of $500,000.
248
249 All fines imposed and collected pursuant to this section must be
250 deposited into the Pari-mutuel Wagering Trust Fund and may be
251 used for the enforcement of chapters 546, 550, 551, and this
252 chapter by the Florida Gaming Control Commission.
253 Section 5. Section 849.157, Florida Statutes, is created to
254 read:
255 849.157 Making a false or misleading statement regarding
256 the legality of slot machines or devices to facilitate sale.—
257 (1) Except as provided in subsection (2), a person who
258 knowingly and willfully makes a materially false or misleading
259 statement or who knowingly and willfully disseminates false or
260 misleading information regarding the legality of a slot machine
261 or device for the purpose of facilitating the sale or delivery
262 of a slot machine or device for any money or other valuable
263 consideration commits a felony of the third degree, punishable
264 as provided in s. 775.082, s. 775.083, or s. 775.084.
265 (2) A person who violates subsection (1) when such a
266 violation involves the sale or delivery, or attempted sale or
267 delivery, of five or more slot machines or devices commits a
268 felony of the second degree, punishable as provided in s.
269 775.082, s. 775.083, or s. 775.084.
270 Section 6. Section 849.23, Florida Statutes, is repealed.
271 Section 7. Section 849.47, Florida Statutes, is created to
272 read:
273 849.47 Transporting or procuring the transportation of
274 persons to facilitate illegal gambling.—
275 (1) Except as provided in subsection (2), a person who
276 knowingly and willfully for profit or hire transports, or
277 procures the transportation of, five or more other persons into
278 or within this state when he or she knows or reasonably should
279 know such transportation is for the purpose of facilitating
280 illegal gambling commits a misdemeanor of the first degree,
281 punishable as provided in s. 775.082 or s. 775.083.
282 (2)(a) A person who transports, or procures the
283 transportation of, a minor or a person 65 years of age or older
284 in violation of subsection (1) commits a felony of the third
285 degree, punishable as provided in s. 775.082, s. 775.083, or s.
286 775.084.
287 (b) A person who transports, or procures the transportation
288 of, 12 or more persons in violation of subsection (1) commits a
289 felony of the third degree, punishable as provided in s.
290 775.082, s. 775.083, or s. 775.084.
291 (3) As used in this section, the term “illegal gambling”
292 means any criminal violation of chapter 546, chapter 550,
293 chapter 551, or this chapter that occurs at any business,
294 establishment, premises, or other location which operates for
295 profit.
296 Section 8. Section 849.48, Florida Statutes, is created to
297 read:
298 849.48 Gambling or gaming advertisements; prohibited.—
299 (1)(a) Except as otherwise specifically authorized by law,
300 a person may not knowingly and intentionally make, publish,
301 disseminate, circulate or place before the public, or cause,
302 directly or indirectly, to be made, published, disseminated or
303 circulated or placed before the public in this state, in any
304 manner, any advertisement, circular, bill, poster, pamphlet,
305 list, schedule, announcement, or notice for the purpose of
306 promoting or facilitating illegal gambling.
307 (b) Except as otherwise specifically authorized by law, a
308 person may not set up any type or plate for any type of
309 advertisement, circular, bill, poster, pamphlet, list, schedule,
310 announcement, or notice when he or she knows or reasonably
311 should know that such material will be used for the purpose of
312 promoting or facilitating illegal gambling.
313 (2) A person who violates subsection (1) commits a
314 misdemeanor of the first degree, punishable as provided in s.
315 775.082 or s. 775.083.
316 (3) This section does not prohibit the printing or
317 producing of any advertisement, circular, bill, poster,
318 pamphlet, list, schedule, announcement, or notice to be used for
319 the purpose of promoting or facilitating gambling conducted in
320 any other state or nation, outside of this state, where such
321 gambling is not prohibited.
322 (4) As used in this section, the term “illegal gambling”
323 means any criminal violation of chapter 546, chapter 550,
324 chapter 551, or this chapter which occurs at any business,
325 establishment, premises, or other location that operates for
326 profit.
327 Section 9. Section 849.49, Florida Statutes, is created to
328 read:
329 849.49 Preemption.—No county, municipality, or other
330 political subdivision of the state shall enact or enforce any
331 ordinance or local rule relating to gaming, gambling, lotteries,
332 or any activities described in s. 546.10 or this chapter, except
333 as otherwise expressly provided by the State Constitution,
334 general law, or special law.
335 Section 10. Present paragraphs (i) through (m) of
336 subsection (2) of section 903.046, Florida Statutes, are
337 redesignated as paragraphs (j) through (n), respectively, and a
338 new paragraph (i) is added to that subsection, to read:
339 903.046 Purpose of and criteria for bail determination.—
340 (2) When determining whether to release a defendant on bail
341 or other conditions, and what that bail or those conditions may
342 be, the court shall consider:
343 (i) The amount of currency seized that is connected to or
344 involved in a violation of chapter 546, chapter 550, chapter
345 551, or chapter 849.
346 Section 11. Paragraphs (a), (c), (e), and (g) of subsection
347 (3) of section 921.0022, Florida Statutes, are amended to read:
348 921.0022 Criminal Punishment Code; offense severity ranking
349 chart.—
350 (3) OFFENSE SEVERITY RANKING CHART
351 (a) LEVEL 1
352
353 FloridaStatute FelonyDegree Description
354 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
355 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
356 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
357 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
358 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
359 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
360 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
361 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
362 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
363 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
364 322.212(5)(a) 3rd False application for driver license or identification card.
365 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
366 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
367 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
368 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
369 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
370 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
371 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
372 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
373 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
374 826.01 3rd Bigamy.
375 828.122(3) 3rd Fighting or baiting animals.
376 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
377 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
378 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
379 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
380 838.15(2) 3rd Commercial bribe receiving.
381 838.16 3rd Commercial bribery.
382 843.18 3rd Fleeing by boat to elude a law enforcement officer.
383 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
384 849.09(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.
385 849.23 3rd Gambling-related machines; “common offender” as to property rights.
386 849.25(2) 3rd Engaging in bookmaking.
387 860.08 3rd Interfere with a railroad signal.
388 860.13(1)(a) 3rd Operate aircraft while under the influence.
389 893.13(2)(a)2. 3rd Purchase of cannabis.
390 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
391 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
392 (c) LEVEL 3
393
394 FloridaStatute FelonyDegree Description
395 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
396 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
397 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
398 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
399 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
400 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
401 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
402 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
403 327.35(2)(b) 3rd Felony BUI.
404 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
405 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
406 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
407 379.2431 (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.
408 379.2431 (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.
409 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
410 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
411 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
412 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
413 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
414 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
415 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
416 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
417 697.08 3rd Equity skimming.
418 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
419 794.053 3rd Lewd or lascivious written solicitation of a person 16 or 17 years of age by a person 24 years of age or older.
420 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
421 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
422 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
423 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
424 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
425 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
426 812.081(2) 3rd Theft of a trade secret.
427 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
428 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
429 817.233 3rd Burning to defraud insurer.
430 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
431 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
432 817.236 3rd Filing a false motor vehicle insurance application.
433 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
434 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
435 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
436 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
437 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
438 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
439 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
440 849.01 3rd Keeping a gambling house.
441 849.09(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
442 849.09(1)(e), (f), (g), (i), or (k) 3rd Conducting an unlawful lottery; second or subsequent offense.
443 849.09(1)(h) or (j) 3rd Conducting an unlawful lottery; second or subsequent offense.
444 849.15(3)(b) 3rd Manufacture, sale, or possession of slot machine; by manager or with prior conviction.
445 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices.
446 849.25(2) 3rd Engaging in bookmaking.
447 849.47(2)(a) & (b) 3rd Transporting persons to facilitate illegal gambling; minor or person 65 years of age or older or 12 or more persons.
448 860.15(3) 3rd Overcharging for repairs and parts.
449 870.01(2) 3rd Riot.
450 870.01(4) 3rd Inciting a riot.
451 893.13(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).
452 893.13(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.
453 893.13(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.
454 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
455 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
456 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
457 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
458 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
459 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
460 893.13(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.
461 893.13(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.
462 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
463 893.13(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.
464 918.13(1) 3rd Tampering with or fabricating physical evidence.
465 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
466 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
467 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
468 (e) LEVEL 5
469
470 FloridaStatute FelonyDegree Description
471 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
472 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
473 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
474 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
475 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
476 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
477 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
478 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
479 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
480 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
481 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
482 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
483 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
484 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
485 790.01(3) 3rd Unlawful carrying of a concealed firearm.
486 790.162 2nd Threat to throw or discharge destructive device.
487 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
488 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
489 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
490 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
491 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
492 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
493 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
494 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
495 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
496 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
497 812.019(1) 2nd Stolen property; dealing in or trafficking in.
498 812.081(3) 2nd Trafficking in trade secrets.
499 812.131(2)(b) 3rd Robbery by sudden snatching.
500 812.16(2) 3rd Owning, operating, or conducting a chop shop.
501 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
502 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
503 817.2341(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.
504 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
505 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
506 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
507 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
508 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
509 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
510 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
511 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
512 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
513 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
514 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
515 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
516 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
517 849.15(3)(c) 2nd Manufacture, sale, or possession of a slot machine; by a manager of five or more machines or two or more prior convictions.
518 849.157(2) 2nd False or misleading statement to facilitate sale of slot machines or devices; five or more machines.
519 849.25(3) 2nd Bookmaking; second or subsequent offense.
520 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
521 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
522 893.13(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).
523 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
524 893.13(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.
525 893.13(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.
526 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
527 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
528 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
529 (g) LEVEL 7
530
531 FloridaStatute FelonyDegree Description
532 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
533 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
534 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
535 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
536 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
537 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
538 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
539 456.065(2) 3rd Practicing a health care profession without a license.
540 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
541 458.327(1) 3rd Practicing medicine without a license.
542 459.013(1) 3rd Practicing osteopathic medicine without a license.
543 460.411(1) 3rd Practicing chiropractic medicine without a license.
544 461.012(1) 3rd Practicing podiatric medicine without a license.
545 462.17 3rd Practicing naturopathy without a license.
546 463.015(1) 3rd Practicing optometry without a license.
547 464.016(1) 3rd Practicing nursing without a license.
548 465.015(2) 3rd Practicing pharmacy without a license.
549 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
550 467.201 3rd Practicing midwifery without a license.
551 468.366 3rd Delivering respiratory care services without a license.
552 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
553 483.901(7) 3rd Practicing medical physics without a license.
554 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
555 484.053 3rd Dispensing hearing aids without a license.
556 494.0018(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.
557 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
558 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
559 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
560 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
561 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
562 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
563 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
564 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
565 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
566 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
567 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
568 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
569 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
570 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
571 784.048(7) 3rd Aggravated stalking; violation of court order.
572 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
573 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
574 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
575 784.081(1) 1st Aggravated battery on specified official or employee.
576 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
577 784.083(1) 1st Aggravated battery on code inspector.
578 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
579 787.06(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.
580 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
581 790.16(1) 1st Discharge of a machine gun under specified circumstances.
582 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
583 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
584 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
585 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
586 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
587 794.08(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.
588 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
589 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
590 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
591 800.04(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.
592 800.04(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.
593 806.01(2) 2nd Maliciously damage structure by fire or explosive.
594 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
595 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
596 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
597 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
598 812.014(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.
599 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
600 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
601 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
602 812.014(2)(f) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
603 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
604 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
605 812.131(2)(a) 2nd Robbery by sudden snatching.
606 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
607 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
608 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
609 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
610 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
611 817.2341 (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.
612 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
613 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
614 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
615 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
616 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
617 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
618 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
619 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
620 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
621 838.015 2nd Bribery.
622 838.016 2nd Unlawful compensation or reward for official behavior.
623 838.021(3)(a) 2nd Unlawful harm to a public servant.
624 838.22 2nd Bid tampering.
625 843.0855(2) 3rd Impersonation of a public officer or employee.
626 843.0855(3) 3rd Unlawful simulation of legal process.
627 843.0855(4) 3rd Intimidation of a public officer or employee.
628 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
629 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
630 849.155 1st Trafficking in slot machines or devices or any part thereof.
631 872.06 2nd Abuse of a dead human body.
632 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
633 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
634 893.13(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.
635 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
636 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
637 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
638 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
639 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
640 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
641 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
642 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
643 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
644 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
645 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
646 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
647 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
648 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
649 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
650 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
651 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
652 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
653 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
654 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
655 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
656 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
657 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
658 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
659 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
660 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
661 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
662 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
663 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
664 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
665 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
666 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
667 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
668 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
669 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
670 Section 12. Paragraph (a) of subsection (1) and paragraph
671 (a) of subsection (2) of section 772.102, Florida Statutes, are
672 amended to read:
673 772.102 Definitions.—As used in this chapter, the term:
674 (1) “Criminal activity” means to commit, to attempt to
675 commit, to conspire to commit, or to solicit, coerce, or
676 intimidate another person to commit:
677 (a) Any crime that is chargeable by indictment or
678 information under the following provisions:
679 1. Section 210.18, relating to evasion of payment of
680 cigarette taxes.
681 2. Section 414.39, relating to public assistance fraud.
682 3. Section 440.105 or s. 440.106, relating to workers’
683 compensation.
684 4. Part IV of chapter 501, relating to telemarketing.
685 5. Chapter 517, relating to securities transactions.
686 6. Section 550.235 or s. 550.3551, relating to dogracing
687 and horseracing.
688 7. Chapter 550, relating to jai alai frontons.
689 8. Chapter 552, relating to the manufacture, distribution,
690 and use of explosives.
691 9. Chapter 562, relating to beverage law enforcement.
692 10. Section 624.401, relating to transacting insurance
693 without a certificate of authority, s. 624.437(4)(c)1., relating
694 to operating an unauthorized multiple-employer welfare
695 arrangement, or s. 626.902(1)(b), relating to representing or
696 aiding an unauthorized insurer.
697 11. Chapter 687, relating to interest and usurious
698 practices.
699 12. Section 721.08, s. 721.09, or s. 721.13, relating to
700 real estate timeshare plans.
701 13. Chapter 782, relating to homicide.
702 14. Chapter 784, relating to assault and battery.
703 15. Chapter 787, relating to kidnapping or human
704 trafficking.
705 16. Chapter 790, relating to weapons and firearms.
706 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
707 relating to prostitution.
708 18. Chapter 806, relating to arson.
709 19. Section 810.02(2)(c), relating to specified burglary of
710 a dwelling or structure.
711 20. Chapter 812, relating to theft, robbery, and related
712 crimes.
713 21. Chapter 815, relating to computer-related crimes.
714 22. Chapter 817, relating to fraudulent practices, false
715 pretenses, fraud generally, and credit card crimes.
716 23. Section 827.071, relating to commercial sexual
717 exploitation of children.
718 24. Chapter 831, relating to forgery and counterfeiting.
719 25. Chapter 832, relating to issuance of worthless checks
720 and drafts.
721 26. Section 836.05, relating to extortion.
722 27. Chapter 837, relating to perjury.
723 28. Chapter 838, relating to bribery and misuse of public
724 office.
725 29. Chapter 843, relating to obstruction of justice.
726 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
727 s. 847.07, relating to obscene literature and profanity.
728 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
729 849.25, relating to gambling.
730 32. Chapter 893, relating to drug abuse prevention and
731 control.
732 33. Section 914.22 or s. 914.23, relating to witnesses,
733 victims, or informants.
734 34. Section 918.12 or s. 918.13, relating to tampering with
735 jurors and evidence.
736 (2) “Unlawful debt” means any money or other thing of value
737 constituting principal or interest of a debt that is legally
738 unenforceable in this state in whole or in part because the debt
739 was incurred or contracted:
740 (a) In violation of any one of the following provisions of
741 law:
742 1. Section 550.235 or s. 550.3551, relating to dogracing
743 and horseracing.
744 2. Chapter 550, relating to jai alai frontons.
745 3. Section 687.071, relating to criminal usury and loan
746 sharking.
747 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
748 849.25, relating to gambling.
749 Section 13. Paragraph (a) of subsection (12) of section
750 895.02, Florida Statutes, is amended to read:
751 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
752 (12) “Unlawful debt” means any money or other thing of
753 value constituting principal or interest of a debt that is
754 legally unenforceable in this state in whole or in part because
755 the debt was incurred or contracted:
756 (a) In violation of any one of the following provisions of
757 law:
758 1. Section 550.235 or s. 550.3551, relating to dogracing
759 and horseracing.
760 2. Chapter 550, relating to jai alai frontons.
761 3. Section 551.109, relating to slot machine gaming.
762 4. Chapter 687, relating to interest and usury.
763 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
764 849.25, relating to gambling.
765 Section 14. This act shall take effect October 1, 2024.