Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 1404
Ì766556KÎ766556
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/15/2025 .
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The Appropriations Committee on Agriculture, Environment, and
General Government (Simon) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (2) of section
6 16.71, Florida Statutes, is amended to read:
7 16.71 Florida Gaming Control Commission; creation;
8 meetings; membership.—
9 (2) MEMBERSHIP.—
10 (a) The commission shall be composed consist of five
11 members appointed by the Governor, and subject to confirmation
12 by the Senate, for terms of 4 years. Members of the commission
13 must be appointed by January 1, 2022. The Governor shall
14 consider appointees who reflect Florida’s racial, ethnic, and
15 gender diversity. Of the initial five members appointed by the
16 Governor, and immediately upon appointment, the Governor shall
17 appoint one of the members as the initial chair and one of the
18 members as the initial vice chair. At the end of the initial
19 chair’s and vice chair’s terms pursuant to subparagraph 1., the
20 commission shall elect one of the members of the commission as
21 chair and one of the members of the commission as vice chair.
22 1. For the purpose of providing staggered terms, of the
23 initial appointments, two members shall be appointed to 4-year
24 terms, two members shall be appointed to 3-year terms, and one
25 member shall be appointed to a 2-year term.
26 2. Of the five members, at least one member must have at
27 least 10 years of experience in law enforcement and criminal
28 investigations, at least one member must be a certified public
29 accountant licensed in this state with at least 10 years of
30 experience in accounting and auditing, and at least one member
31 must be an attorney admitted and authorized to practice law in
32 this state for at least the preceding 10 years.
33 Section 2. Present paragraph (i) of subsection (3) of
34 section 16.712, Florida Statutes, is redesignated as paragraph
35 (k), new paragraphs (i) and (j) are added to that subsection,
36 and paragraph (h) of that subsection is amended, to read:
37 16.712 Florida Gaming Control Commission authorizations,
38 duties, and responsibilities.—
39 (3) By December 1 of each year, the commission shall make
40 an annual report to the Governor, the President of the Senate,
41 and the Speaker of the House of Representatives. The report
42 must, at a minimum, include all of the following:
43 (h) A summary of actions taken and investigations conducted
44 by the commission, including the number of investigations that
45 led to criminal charges or any information being filed and the
46 resolution of such criminal case.
47 (i) The number of complaints received by the commission
48 categorized by subject matter or type of complaint and a summary
49 of the action taken on each complaint by the commission.
50 (j) A list of property seized by the commission during the
51 course of investigations, and the disposition of such property,
52 including a list of forfeiture actions.
53 Section 3. Paragraphs (a) and (b) of subsection (2) of
54 section 16.713, Florida Statutes, are amended to read:
55 16.713 Florida Gaming Control Commission; appointment and
56 employment restrictions.—
57 (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
58 INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
59 COMMISSION.—
60 (a) A person may not, for the 2 years immediately preceding
61 the date of appointment to or employment with the commission and
62 while appointed to or employed with the commission:
63 1. Hold a permit or license issued under chapter 550 or a
64 license issued under chapter 551 or chapter 849; be an officer,
65 official, or employee of such permitholder or licensee; or be an
66 ultimate equitable owner, as defined in s. 550.002(37), of such
67 permitholder or licensee;
68 2. Be an officer, official, employee, or other person with
69 duties or responsibilities relating to a gaming operation owned
70 by an Indian tribe that has a valid and active compact with the
71 state; be a contractor or subcontractor of such tribe or an
72 entity employed, licensed, or contracted by such tribe; or be an
73 ultimate equitable owner, as defined in s. 550.002(37), of such
74 entity;
75 3. Be a registered lobbyist for the executive or
76 legislative branch, except while a commissioner or employee of
77 the commission when officially representing the commission or
78 unless the person registered as a lobbyist for the executive or
79 legislative branch while employed by a state agency as defined
80 in s. 110.107 during the normal course of his or her employment
81 with such agency and he or she has not lobbied on behalf of any
82 entity other than a state agency during the 2 years immediately
83 preceding the date of his or her appointment to or employment
84 with the commission; or
85 4. Be a bingo game operator or an employee of a bingo game
86 operator; or
87 5. Be an employee, an associate, an owner, or a contractor
88 for any person or entity that conducts or facilitates an
89 activity regulated, enforced, or investigated by the commission,
90 including fantasy sports contests and other betting activities.
91 (b) A person is ineligible for appointment to or employment
92 with the commission if, within the 2 years immediately preceding
93 such appointment or employment, he or she violated paragraph (a)
94 or solicited or accepted employment with, acquired any direct or
95 indirect interest in, or had any direct or indirect business
96 association, partnership, or financial relationship with, or is
97 a relative of:
98 1. Any person or entity who is an applicant, licensee, or
99 registrant with the commission; or
100 2. Any officer, official, employee, or other person with
101 duties or responsibilities relating to a gaming operation owned
102 by an Indian tribe that has a valid and active compact with the
103 state; any contractor or subcontractor of such tribe or an
104 entity employed, licensed, or contracted by such tribe; or any
105 ultimate equitable owner, as defined in s. 550.002(37), of such
106 entity; or
107 3. Any person or entity that conducts or facilitates an
108 activity regulated, enforced, or investigated by the commission,
109 including fantasy sports contests and other betting activities.
110
111 For the purposes of this subsection, the term “relative” means a
112 spouse, father, mother, son, daughter, grandfather, grandmother,
113 brother, sister, uncle, aunt, cousin, nephew, niece, father-in
114 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
115 sister-in-law, stepfather, stepmother, stepson, stepdaughter,
116 stepbrother, stepsister, half brother, or half sister.
117 Section 4. Paragraph (b) of subsection (1) and paragraphs
118 (b) and (c) of subsection (2) of section 16.715, Florida
119 Statutes, are amended to read:
120 16.715 Florida Gaming Control Commission standards of
121 conduct; ex parte communications.—
122 (1) STANDARDS OF CONDUCT.—
123 (b)1. A commissioner or employee of the commission may not
124 accept anything from any business entity that, either directly
125 or indirectly, owns or controls any person regulated by the
126 commission or from any business entity that, either directly or
127 indirectly, is an affiliate or subsidiary of any person
128 regulated by the commission.
129 2. A commissioner or an employee may attend conferences,
130 along with associated meals and events that are generally
131 available to all conference participants, without payment of any
132 fees in addition to the conference fee. Additionally, while
133 attending a conference, a commissioner or an employee may attend
134 meetings, meals, or events that are not sponsored, in whole or
135 in part, by any representative of any person regulated by the
136 commission and that are limited to commissioners or employees
137 only, committee members, or speakers if the commissioner or
138 employee is a member of a committee of the association of
139 regulatory agencies which organized the conference or is a
140 speaker at the conference. It is not a violation of this
141 subparagraph for a commissioner or an employee to attend a
142 conference for which conference participants who are employed by
143 a person regulated by the commission have paid a higher
144 conference registration fee than the commissioner or employee,
145 or to attend a meal or event that is generally available to all
146 conference participants without payment of any fees in addition
147 to the conference fee and that is sponsored, in whole or in
148 part, by a person regulated by the commission.
149 3. While employed, and for 2 years after service as a
150 commissioner or for 2 years after employment with the
151 commission, a commissioner or an employee may not accept any
152 form of employment with or engage in any business activity with
153 any business entity that, either directly or indirectly, owns or
154 controls any person regulated by the commission; any person
155 regulated by the commission; or any business entity that, either
156 directly or indirectly, is an affiliate or subsidiary of any
157 person regulated by the commission; or be an employee, an
158 associate, an owner, or a contractor for any person or entity
159 that conducts or facilitates an activity regulated, enforced, or
160 investigated by the commission, including fantasy sports
161 contests and other betting activities.
162 4. While employed, and for 2 years after service as a
163 commissioner or for 2 years after employment with the
164 commission, a commissioner, an employee, or a relative living in
165 the same household as a commissioner or an employee may not have
166 any financial interest, other than shares in a mutual fund, in
167 any person regulated by the commission; in any business entity
168 that, either directly or indirectly, owns or controls any person
169 regulated by the commission; or in any business entity that,
170 either directly or indirectly, is an affiliate or a subsidiary
171 of any person regulated by the commission; or be an employee, an
172 associate, an owner, or a contractor for any person or entity
173 that conducts or facilitates an activity regulated, enforced, or
174 investigated by the commission, including fantasy sports
175 contests and other betting activities. If a commissioner, an
176 employee, or a relative living in the same household as a
177 commissioner or an employee acquires any financial interest
178 prohibited by this subsection during the commissioner’s term of
179 office or the employee’s employment with the commission as a
180 result of events or actions beyond the commissioner’s, the
181 employee’s, or the relative’s control, he or she shall
182 immediately sell such financial interest. For the purposes of
183 this subsection, the term “relative” has the same meaning as in
184 s. 16.713(2)(b).
185 5. A commissioner or an employee may not accept anything
186 from a party in a proceeding currently pending before the
187 commission.
188 6. A commissioner may not serve as the representative of
189 any political party or on any executive committee or other
190 governing body of a political party; serve as an executive
191 officer or employee of any political party, committee,
192 organization, or association; receive remuneration for
193 activities on behalf of any candidate for public office; engage
194 on behalf of any candidate for public office in the solicitation
195 of votes or other activities on behalf of such candidacy; or
196 become a candidate for election to any public office without
197 first resigning from office.
198 7. A commissioner, during his or her term of office, may
199 not make any public comment regarding the merits of any
200 proceeding under ss. 120.569 and 120.57 currently pending before
201 the commission.
202 8. A commissioner or an employee may not act in an
203 unprofessional manner at any time during the performance of
204 official duties.
205 9. A commissioner or an employee must avoid impropriety in
206 all activities and must act at all times in a manner that
207 promotes public confidence in the integrity and impartiality of
208 the commission.
209 10. A commissioner or an employee may not directly or
210 indirectly, through staff or other means, solicit anything of
211 value from any person regulated by the commission, or from any
212 business entity that, whether directly or indirectly, is an
213 affiliate or a subsidiary of any person regulated by the
214 commission, or from any party appearing in a proceeding
215 considered by the commission in the last 2 years.
216 11. A commissioner may not lobby the Governor or any agency
217 of the state, members or employees of the Legislature, or any
218 county or municipal government or governmental agency except to
219 represent the commission in an official capacity.
220 (2) FORMER COMMISSIONERS AND EMPLOYEES.—
221 (b) A commissioner, the executive director, or an employee
222 of the commission may not, for the 2 years immediately following
223 the date of resignation or termination from the commission:
224 1. Hold a permit or license issued under chapter 550, or a
225 license issued under chapter 551 or chapter 849; be an officer,
226 official, or employee of such permitholder or licensee; or be an
227 ultimate equitable owner, as defined in s. 550.002(37), of such
228 permitholder or licensee; or be an employee, an associate, an
229 owner, or a contractor for any person or entity that conducts or
230 facilitates an activity regulated, enforced, or investigated by
231 the commission, including fantasy sports contests and other
232 betting activities;
233 2. Accept employment by or compensation from a business
234 entity that, directly or indirectly, owns or controls a person
235 regulated by the commission; from a person regulated by the
236 commission; from a business entity which, directly or
237 indirectly, is an affiliate or subsidiary of a person regulated
238 by the commission; or from a business entity or trade
239 association that has been a party to a commission proceeding
240 within the 2 years preceding the member’s resignation or
241 termination of service on the commission; or from any person or
242 entity that conducts or facilitates an activity regulated,
243 enforced, or investigated by the commission, including fantasy
244 sports contests and other betting activities; or
245 3. Be a bingo game operator or an employee of a bingo game
246 operator.
247 (c) A person employed by the commission may not, for the 2
248 years immediately following the date of termination or
249 resignation from employment with the commission:
250 1. Hold a permit or license issued under chapter 550, or a
251 license issued under chapter 551 or chapter 849; be an officer,
252 official, or employee of such permitholder or licensee; or be an
253 ultimate equitable owner, as defined in s. 550.002(37), of such
254 permitholder or licensee; or be an employee, an associate, an
255 owner, or a contractor for any person or entity that conducts or
256 facilitates an activity regulated, enforced, or investigated by
257 the commission, including fantasy sports contests and other
258 betting activities; or
259 2. Be a bingo game operator or an employee of a bingo game
260 operator.
261 Section 5. Present subsections (8) and (9) of section
262 546.10, Florida Statutes, are redesignated as subsections (9)
263 and (10), respectively, and a new subsection (8) is added to
264 that section, to read:
265 546.10 Amusement games or machines.—
266 (8)(a)1. Before purchasing or installing a game or machine
267 on the premises of any veterans’ service organization granted a
268 federal charter under Title 36, U.S.C., or a division, a
269 department, a post, or a chapter of such organization, for which
270 an alcoholic beverage license has been issued, and the veterans’
271 service organization is in doubt about whether a machine meets
272 the definition of an amusement machine under this section, the
273 organization may petition the Florida Gaming Control Commission
274 for a declaratory statement under s. 120.565 on whether the
275 operation of the game or machine would be authorized under this
276 section or would be a violation of this section or chapter 849.
277 A game or machine awaiting a declaratory statement from the
278 commission may not be purchased or installed until the
279 declaratory statement is issued.
280 2. If there is a game or machine currently on the premises
281 of any veterans’ service organization granted a federal charter
282 under Title 36, U.S.C., or a division, a department, a post, or
283 a chapter of such organization, for which an alcoholic beverage
284 license has been issued and the veterans’ service organization
285 is in doubt about whether a machine meets the definition of an
286 amusement machine under this section, the organization may
287 petition the commission for a declaratory statement pursuant to
288 s. 120.565 on whether the operation of the game or machine would
289 be authorized under this section or would be a violation of this
290 section or chapter 849. If the game, machine, premises, or
291 organization is the subject of an ongoing criminal
292 investigation, the organization may not petition the commission
293 for a declaratory statement under this subsection.
294 3. The commission shall issue a declaratory statement
295 pursuant to this subsection within 60 days after receiving a
296 petition requesting such statement. The commission may not deny
297 a petition that is validly requested pursuant to this subsection
298 and s. 120.565.
299 (b) A petition made under this subsection must provide
300 enough information for the commission to issue the declaratory
301 statement and must be accompanied by the exact specifications
302 for the type of game or machine that the organization will
303 purchase or install or currently has on the premises. The
304 declaratory statement is valid only for the game or machine for
305 which it is requested and is invalid if the specifications for
306 the game or the machine have been changed.
307 (c) The declaratory statement is binding on the commission
308 and may be introduced in any subsequent proceedings as evidence
309 of a good faith effort to comply with this section or chapter
310 849.
311 (d) This subsection does not prevent the commission or any
312 other criminal justice agency as defined in s. 943.045 from
313 detecting, apprehending, and arresting a person for any alleged
314 violation of this chapter, chapter 24, part II of chapter 285,
315 chapter 550, chapter 551, or chapter 849, or any rule adopted
316 pursuant thereto, or of any law of this state.
317 (e) This subsection does not require an owner or an
318 operator of an amusement game or machine under this section to
319 request or obtain a declaratory statement in order to operate
320 pursuant to this section.
321 Section 6. Subsection (3) of section 550.09512, Florida
322 Statutes, is amended to read:
323 550.09512 Harness horse taxes; abandoned interest in a
324 permit for nonpayment of taxes.—
325 (3)(a) The permit of a harness horse permitholder who is
326 conducting live harness horse performances and who does not pay
327 tax on handle for any such performances conducted during any 2
328 consecutive state fiscal years shall be void and may not be
329 reissued unless such failure to operate and pay tax on handle
330 was the direct result of fire, strike, war, hurricane, pandemic,
331 or other disaster or event beyond the ability of the
332 permitholder to control. Financial hardship to the permitholder
333 does shall not, in and of itself, constitute just cause for
334 failure to operate and pay tax on handle.
335 (b) In order to maximize the tax revenues to the state, the
336 commission shall reissue an escheated harness horse permit to a
337 qualified applicant pursuant to the provisions of this chapter
338 as for the issuance of an initial permit. However, the
339 provisions of this chapter relating to referendum requirements
340 for a pari-mutuel permit shall not apply to the reissuance of an
341 escheated harness horse permit. As specified in the application
342 and upon approval by the commission of an application for the
343 permit, the new permitholder shall be authorized to operate a
344 harness horse facility anywhere in the same county in which the
345 escheated permit was authorized to be operated, notwithstanding
346 the provisions of s. 550.054(2) relating to mileage limitations.
347 Section 7. Subsection (3) of section 550.09515, Florida
348 Statutes, is amended to read:
349 550.09515 Thoroughbred horse taxes; abandoned interest in a
350 permit for nonpayment of taxes.—
351 (3)(a) The permit of a thoroughbred horse permitholder who
352 does not pay tax on handle for live thoroughbred horse
353 performances for a full schedule of live races during any 2
354 consecutive state fiscal years shall be void and shall escheat
355 to and become the property of the state unless such failure to
356 operate and pay tax on handle was the direct result of fire,
357 strike, war, or other disaster or event beyond the ability of
358 the permitholder to control. Financial hardship to the
359 permitholder does shall not, in and of itself, constitute just
360 cause for failure to operate and pay tax on handle.
361 (b) In order to maximize the tax revenues to the state, the
362 commission shall reissue an escheated thoroughbred horse permit
363 to a qualified applicant pursuant to the provisions of this
364 chapter as for the issuance of an initial permit. However, the
365 provisions of this chapter relating to referendum requirements
366 for a pari-mutuel permit shall not apply to the reissuance of an
367 escheated thoroughbred horse permit. As specified in the
368 application and upon approval by the commission of an
369 application for the permit, the new permitholder shall be
370 authorized to operate a thoroughbred horse facility anywhere in
371 the same county in which the escheated permit was authorized to
372 be operated, notwithstanding the provisions of s. 550.054(2)
373 relating to mileage limitations.
374 Section 8. Paragraph (k) is added to subsection (1) of
375 section 551.103, Florida Statutes, to read:
376 551.103 Powers and duties of the commission and law
377 enforcement.—
378 (1) The commission shall adopt, pursuant to the provisions
379 of ss. 120.536(1) and 120.54, all rules necessary to implement,
380 administer, and regulate slot machine gaming as authorized in
381 this chapter. Such rules must include:
382 (k) Procedures and forms for slot machine licensees to
383 demonstrate the suitability of the location for their designated
384 slot machine gaming area as described in s. 551.114.
385 Section 9. Paragraph (i) of subsection (4) of section
386 551.104, Florida Statutes, is amended to read:
387 551.104 License to conduct slot machine gaming.—
388 (4) As a condition of licensure and to maintain continued
389 authority for the conduct of slot machine gaming, the slot
390 machine licensee shall:
391 (i) Create and file with the commission a written policy
392 for:
393 1. Creating opportunities to purchase from vendors in this
394 state, including minority vendors.
395 2. Creating opportunities for employment of residents of
396 this state, including minority residents.
397 3. Ensuring opportunities for construction services from a
398 small business as defined in s. 288.703 minority contractors.
399 4. Ensuring that opportunities for employment are offered
400 on an equal, nondiscriminatory basis.
401 5. Training for employees on responsible gaming and working
402 with a compulsive or addictive gambling prevention program to
403 further its purposes as provided for in s. 551.118.
404 6. The implementation of a drug-testing program that
405 includes, but is not limited to, requiring each employee to sign
406 an agreement that he or she understands that the slot machine
407 facility is a drug-free workplace.
408
409 The slot machine licensee shall use the Internet-based job
410 listing system of the Department of Commerce in advertising
411 employment opportunities. Each slot machine licensee shall
412 provide an annual report to the Florida Gaming Control
413 Commission containing information indicating compliance with
414 this paragraph in regard to minority persons.
415 Section 10. Subsection (4) of section 551.114, Florida
416 Statutes, is amended to read:
417 551.114 Slot machine gaming areas.—
418 (4) Designated slot machine gaming areas must be located at
419 the address specified in the licensed permitholder’s slot
420 machine license issued for fiscal year 2020-2021.
421 (a) A slot machine licensee may apply to the commission to
422 change the location of the designated slot machine gaming area
423 provided that:
424 1. The location of the designated slot machine gaming area
425 is in the same county as the address specified in the licensed
426 permitholder’s slot machine license issued for fiscal year 2020
427 2021.
428 2. The location of the designated slot machine gaming area
429 is within 1,320 feet on a straight line of any outermost
430 boundary of the licensed permitholder’s designated slot machine
431 gaming area as of January 1, 2025.
432 3. The designated slot machine gaming area is at a location
433 where the licensed permitholder is authorized to conduct pari
434 mutuel wagering activities pursuant to the licensed
435 permitholder’s valid pari-mutuel permit.
436 4. The location is owned by the licensed pari-mutuel
437 permitholder.
438 5. The location is approved under the zoning regulations of
439 the county or municipality where the permit is to be located as
440 a planned development use, consistent with the comprehensive
441 plan.
442 6. The location does not violate any of the provisions of
443 any tribal-state gaming compact with a federally recognized
444 Indian tribe located within this state pursuant to the Indian
445 Gaming Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168, and 25
446 U.S.C. ss. 2701 et seq.
447 (b) Before submitting an application to the commission to
448 change the location of the designated slot machine gaming area,
449 the licensed pari-mutuel permitholder must submit a survey
450 indicating the existing location of the designated slot machine
451 gaming area and the proposed location of the new designated slot
452 machine gaming area.
453 (c) The commission is responsible for approving or denying
454 the application to change the location of the designated slot
455 machine gaming area. A slot machine licensee shall apply to the
456 commission using forms adopted by the commission. The commission
457 shall examine the application and approve or deny the change of
458 location of the designated slot machine gaming area within the
459 timeframes required by s. 120.60. The commission may adopt rules
460 to implement this subsection.
461 Section 11. Section 838.12, Florida Statutes, is amended,
462 to read:
463 838.12 Bribery in athletic contests.—
464 (1) A person who Whoever gives, promises, offers or
465 conspires to give, promise or offer, to anyone who participates
466 or expects to participate in any professional or amateur game,
467 contest, match, race or sport; or to any umpire, referee, judge
468 or other official of such game, contest, match, race or sport;
469 or to any owner, manager, coach or trainer of, or to any
470 relative of, or to any person having any direct, indirect,
471 remote or possible connection with, any team, individual,
472 participant or prospective participant in any such professional
473 or amateur game, contest, match, race or sport, or the officials
474 aforesaid, any bribe, money, goods, present, reward or any
475 valuable thing whatsoever, or any promise, contract or agreement
476 whatsoever, with intent to influence him or her or them to lose
477 or cause to be lost any game, contest, match, race or sport, or
478 to limit his or her or their or any person’s or any team’s
479 margin of victory in any game, contest, match, race, or sport,
480 or to fix or throw any game, contest, match, race or sport,
481 commits shall be guilty of a felony of the third degree,
482 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
483 (2) A Any participant or prospective participant in any
484 professional or amateur game, contest, match, race or sport; or
485 any umpire, referee, judge or other official of such game,
486 contest, match, race or sport; or any owner, manager, coach or
487 trainer of, or any relative of, or any person having any direct,
488 indirect, remote or possible connection with, any team,
489 individual, participant or prospective participant in any such
490 professional or amateur game, contest, match, race or sport, or
491 the officials aforesaid; who in any way solicits, receives or
492 accepts, or agrees to receive or accept, or who conspires to
493 receive or accept, any bribe, money, goods, present, reward or
494 any valuable thing whatsoever, or any promise, contract or
495 agreement whatsoever, with intent to lose or cause to be lost
496 any game, contest, match, race or sport, or to limit his, her,
497 their or any person’s or any team’s margin of victory in any
498 game, contest, match, race or sport, or to fix or throw any
499 game, contest, match, race or sport, commits shall be guilty of
500 a felony of the third degree, punishable as provided in s.
501 775.082, s. 775.083, or s. 775.084.
502 (3) A person who stakes, bets, or wagers any money or other
503 thing of value upon the result of any professional or amateur
504 game, contest, match, race, or sport with knowledge that the
505 results of such professional or amateur game, contest, match,
506 race, or sport are prearranged or predetermined as described in
507 subsection (1) or subsection (2) commits a felony of the third
508 degree, punishable as provided in s. 775.082, s. 775.083, or s.
509 775.084.
510 Section 12. Section 843.08, Florida Statutes, is amended to
511 read:
512 843.08 False personation.—A person who falsely assumes or
513 pretends to be a firefighter, a sheriff, an officer of the
514 Florida Highway Patrol, an officer of the Fish and Wildlife
515 Conservation Commission, an officer of the Department of
516 Environmental Protection, an officer of the Department of
517 Financial Services, any personnel or representative of the
518 Division of Investigative and Forensic Services, any personnel
519 or representative of the Florida Gaming Control Commission, an
520 officer of the Department of Corrections, a correctional
521 probation officer, a deputy sheriff, a state attorney or an
522 assistant state attorney, a statewide prosecutor or an assistant
523 statewide prosecutor, a state attorney investigator, a coroner,
524 a police officer, a lottery special agent or lottery
525 investigator, a beverage enforcement agent, a school guardian as
526 described in s. 30.15(1)(k), a security officer licensed under
527 chapter 493, any member of the Florida Commission on Offender
528 Review or any administrative aide or supervisor employed by the
529 commission, any personnel or representative of the Department of
530 Law Enforcement, or a federal law enforcement officer as defined
531 in s. 901.1505, and takes upon himself or herself to act as
532 such, or to require any other person to aid or assist him or her
533 in a matter pertaining to the duty of any such officer, commits
534 a felony of the third degree, punishable as provided in s.
535 775.082, s. 775.083, or s. 775.084. However, a person who
536 falsely personates any such officer during the course of the
537 commission of a felony commits a felony of the second degree,
538 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
539 If the commission of the felony results in the death or personal
540 injury of another human being, the person commits a felony of
541 the first degree, punishable as provided in s. 775.082, s.
542 775.083, or s. 775.084. In determining whether a defendant has
543 violated this section, the court or jury may consider any
544 relevant evidence, including, but not limited to, whether the
545 defendant used lights in violation of s. 316.2397 or s. 843.081.
546 Section 13. Section 849.01, Florida Statutes, is amended to
547 read:
548 849.01 Keeping gambling houses, etc.—A person who Whoever
549 by herself or himself, her or his servant, clerk or agent, or in
550 any other manner has, keeps, exercises or maintains a gaming
551 table or room, or gaming implements or apparatus, or house,
552 booth, tent, shelter or other place for the purpose of gaming or
553 gambling or in any place of which she or he may directly or
554 indirectly have charge, control or management, either
555 exclusively or with others, procures, suffers or permits any
556 person to play for money or other valuable thing at any game
557 whatever, whether heretofore prohibited or not, commits a felony
558 misdemeanor of the third second degree, punishable as provided
559 in s. 775.082, or s. 775.083, or s. 775.084.
560 Section 14. Section 849.02, Florida Statutes, is amended to
561 read:
562 849.02 Agents or employees of keeper of gambling house.—A
563 person who Whoever acts as servant, clerk, agent, or employee of
564 any person in the violation of s. 849.01 commits:
565 (1) For a first offense, a misdemeanor of the first degree,
566 punishable as provided in s. 775.082 or s. 775.083.
567 (2) For a second offense, a felony of the third degree,
568 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
569 (3) For a third or subsequent offense, a felony of the
570 second degree, punishable as provided in s. 775.082, s. 775.083,
571 or s. 775.084 shall be punished in the manner and to the extent
572 therein mentioned.
573 Section 15. Section 849.03, Florida Statutes, is amended to
574 read:
575 849.03 Renting house for gambling purposes.—A person who
576 Whoever, whether as owner or agent, knowingly rents to another a
577 house, room, booth, tent, shelter or place for the purpose of
578 gaming commits:
579 (1) For a first offense, a felony of the third degree,
580 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
581 shall be punished in the manner and to the extent mentioned in
582 s. 849.01.
583 (2) For a second or subsequent violation, a felony of the
584 second degree, punishable as provided in s. 775.082, s. 775.083,
585 or s. 775.084.
586 Section 16. Section 849.08, Florida Statutes, is amended to
587 read:
588 849.08 Gambling.—
589 (1) As used in this section, the term:
590 (a) “Internet gambling” means to play or engage in any game
591 in which money or other thing of value is awarded based on
592 chance, regardless of any application of skill, and which is
593 available on the Internet and accessible on a mobile device,
594 computer terminal, or other similar access device and simulates
595 casino-style gaming, including, but not limited to, slot
596 machines, video poker, and table games.
597 (b) “Internet sports wagering” means to stake, bet, or
598 wager any money or other thing of value upon the result of any
599 trial or contest of skill, speed, power, or endurance of human
600 or beast, other than pari-mutuel wagering conducted pursuant to
601 chapter 550, which is available on the Internet and accessible
602 on a mobile device, computer terminal, or other similar access
603 device.
604 (2) A person who Whoever plays or engages in Internet
605 gambling, any game at cards, keno, roulette, faro or other game
606 of chance, at any place, by any device whatever, for money or
607 other thing of value, commits shall be guilty of a misdemeanor
608 of the second degree, punishable as provided in s. 775.082 or s.
609 775.083.
610 (3) A person who plays or engages in Internet sports
611 wagering commits:
612 (a) For a first offense, a misdemeanor of the second
613 degree, punishable as provided in s. 775.082 or s. 775.083.
614 (b) For a second or subsequent violation, a misdemeanor of
615 the first degree, punishable as provided in s. 775.082 or s.
616 775.083.
617 (4) A person who operates, conducts, or promotes Internet
618 gambling or Internet sports wagering, or receives in any manner
619 whatsoever any money or other thing of value offered for the
620 purpose of Internet gambling or Internet sports wagering, or who
621 knowingly becomes the custodian or depositary of any money or
622 other thing of value so offered, or who aids, assists, abets, or
623 influences in any manner in any of such acts, all of which are
624 hereby forbidden, commits a felony of the third degree,
625 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
626 (5) This section does not apply to participation in, or the
627 conduct of, any gaming activities authorized under s.
628 285.710(13) and conducted pursuant to a gaming compact ratified
629 and approved under s. 285.710(3).
630 Section 17. Paragraph (b) of subsection (12) of section
631 849.086, Florida Statutes, is amended, and paragraph (e) is
632 added to that subsection, to read:
633 849.086 Cardrooms authorized.—
634 (12) PROHIBITED ACTIVITIES.—
635 (b) A No person must be under 18 years of age or older may
636 be permitted to hold a cardroom or employee license, or engage
637 in any game conducted therein. However, a cardroom operator may,
638 at the operator’s discretion, limit the playing of any game to
639 persons 21 years of age or older.
640 (e) A person who manipulates or attempts to manipulate the
641 playing cards, outcome, or payoff of a card game in a licensed
642 cardroom by physical tampering or by use of any object,
643 instrument, or device, whether mechanical, electrical, magnetic,
644 or involving other means, commits a felony of the third degree,
645 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
646 Section 18. Section 849.0932, Florida Statutes, is created
647 to read:
648 849.0932 Fantasy sports contests; conditions for conduct.—
649 (1) As used in this section, the term:
650 (a) “Commission” means the Florida Gaming Control
651 Commission.
652 (b) “Confidential information” means information related to
653 the playing of fantasy sports contests by contest participants
654 which is obtained solely as a result of a person’s employment
655 with, or work as an agent of, a contest operator.
656 (c) “Contest operator” means a person or an entity that
657 offers fantasy sports contests for a cash prize to members of
658 the public. The term does not include a noncommercial contest
659 operator in this state.
660 (d) “Contest participant” means a person who pays an entry
661 fee for the ability to participate in a fantasy or simulation
662 sports game or contest offered by a contest operator or
663 noncommercial contest operator.
664 (e) “Entry fee” means the cash or cash equivalent amount
665 that a person is required to pay to a contest operator or
666 noncommercial contest operator to participate in a fantasy
667 sports contest.
668 (f) “Fantasy sports contest” means a fantasy or simulation
669 sports game or contest offered by a contest operator or a
670 noncommercial contest operator in which a contest participant
671 manages a fantasy or simulation sports team composed of athletes
672 from a professional sports organization and which meets each of
673 the following requirements:
674 1. All prizes and awards offered to winning contest
675 participants are established and made known to the contest
676 participants in advance of the game or contest, and their value
677 is not determined by the number of contest participants or the
678 amount of any fees paid by those contest participants.
679 2. All winning outcomes reflect the relative knowledge and
680 skill of the contest participants and are determined
681 predominantly by accumulated statistical results of the
682 performance of individuals, including athletes in the case of
683 sporting events.
684 3. No winning outcome is based on the score, point spread,
685 or any performance or performances of any single actual team or
686 combination of such teams; solely on any single performance of
687 an individual athlete or player in a single actual event; on a
688 pari-mutuel event, as the term “pari-mutuel” is defined in s.
689 550.002; on a game of poker or other card game; or on the
690 performances of participants in collegiate, high school, or
691 youth sporting events.
692 4. No casino graphics, themes, or titles, including, but
693 not limited to, depictions of slot machine-style symbols, cards,
694 dice, craps, roulette, or lotto, are displayed or depicted.
695 (g) “Noncommercial contest operator” means a natural person
696 who organizes and conducts a fantasy or simulation sports game
697 in which contest participants are charged entry fees for the
698 right to participate and who collects, maintains, and
699 distributes such entry fees.
700 (2) The total entry fees collected, maintained, and
701 distributed by a noncommercial contest operator for a fantasy
702 sports contest may not exceed $1,500 per season or a total of
703 $10,000 per calendar year. All entry fees must be returned to
704 the contest participants in the form of prizes.
705 (3) The Florida Gaming Control Commission shall investigate
706 violations of this section and refer them to the Attorney
707 General or the state attorney in the circuit in which the
708 violation occurs. The Attorney General or state attorney may
709 also institute proceedings to enjoin any person found to be
710 violating this section.
711 (4)(a) A violation of this section is punishable by a fine
712 of $1,000 in addition to civil and criminal penalties.
713 (b) An operator or owner of any website, platform, or
714 application that offers fantasy sports contests in violation of
715 this section is subject to a fine of up to $100,000 per
716 violation.
717 (5)(a) A person who willfully and knowingly violates this
718 section commits a misdemeanor of the first degree, punishable as
719 provided in s. 775.082 or s. 775.083.
720 (b) An operator or owner of any application, platform, or
721 website that offers fantasy sports contests in violation of this
722 section commits a felony of the third degree, punishable as
723 provided in s. 775.082, s. 775.083, or s. 775.084.
724 Section 19. Section 849.11, Florida Statutes, is amended to
725 read:
726 849.11 Plays at games of chance by lot.—
727 (1) A person who Whoever sets up, promotes or plays in
728 person or by the use, at least in part, of the Internet, at any
729 game of chance by lot or with dice, cards, numbers, hazards or
730 any other gambling device whatever for, or for the disposal of
731 money or other thing of value or under the pretext of a sale,
732 gift or delivery thereof, or for any right, share or interest
733 therein, commits shall be guilty of a misdemeanor of the second
734 degree, punishable as provided in s. 775.082 or s. 775.083.
735 (2) A person who sets up, operates, conducts, promotes, or
736 receives in any manner whatsoever any money or other thing of
737 value offered for the purpose of conduct prohibited in
738 subsection (1), or who knowingly becomes the custodian or
739 depositary of any money or other thing of value so offered, or
740 who aids, assists, abets, or influences in any manner in any
741 such acts, commits a felony of the third degree, punishable as
742 provided in s. 775.082, s. 775.083, or s. 775.084.
743 Section 20. Section 849.13, Florida Statutes, is amended to
744 read:
745 849.13 Punishment on Second or subsequent conviction.—A
746 person who commits a second or subsequent violation of the same
747 Whoever, after being convicted of an offense forbidden by law in
748 connection with lotteries for which there is no penalty
749 specified for a second or subsequent violation, shall have the
750 offense reclassified to an offense of the next higher degree,
751 commits the like offense, shall be guilty of a misdemeanor of
752 the first degree, punishable as provided in s. 775.082, or s.
753 775.083, or s. 775.084. For purposes of sentencing under chapter
754 921, a felony offense that is reclassified under this subsection
755 is ranked one level above the ranking under s. 921.0022 or s.
756 921.0023 of the felony offense committed.
757 Section 21. Section 849.14, Florida Statutes, is amended to
758 read:
759 849.14 Unlawful to bet on result of trial or contest of
760 skill, etc.—A person who Whoever stakes, bets, or wagers any
761 money or other thing of value upon the result of any trial or
762 contest of skill, speed or power or endurance of human or beast,
763 or who whoever receives in any manner whatsoever any money or
764 other thing of value staked, bet, or wagered, or offered for the
765 purpose of being staked, bet, or wagered, by or for any other
766 person upon any such result, or who whoever knowingly becomes
767 the custodian or depositary of any money or other thing of value
768 so staked, bet, or wagered upon any such result, or who whoever
769 aids, or assists, or abets, or influences in any manner in any
770 of such acts all of which are hereby forbidden, commits a felony
771 of the third degree, punishable as provided in s. 775.082, or s.
772 775.083, or s. 775.084.
773 Section 22. Section 849.15, Florida Statutes, is amended to
774 read:
775 849.15 Manufacture, sale, possession, etc., of slot
776 machines or devices prohibited.—
777 (1) As used in this section, the term:
778 (a) “Conviction” means a determination of guilt that is the
779 result of a plea or trial, regardless of whether adjudication is
780 withheld or a plea of nolo contendere is entered.
781 (b) “Person of authority” means a person who, at any
782 business, establishment, premises, or other location at which a
783 slot machine or device is offered for play, has:
784 1. Actual authority to act on behalf of the business,
785 establishment, premises, or other location where a slot machine
786 or device is offered for play; or
787 2. Any ownership interest in the business, establishment,
788 premises, or other location. The term “ownership interest”
789 includes being an officer, a director, or a managing member of
790 the business, establishment, premises, or other location.
791 (2)(1) It is unlawful:
792 (a) To manufacture, own, store, keep, possess, sell, rent,
793 lease, let on shares, lend or give away, transport, or expose
794 for sale or lease, or to offer to sell, rent, lease, let on
795 shares, lend or give away, or permit the operation of, or for
796 any person to permit to be placed, maintained, or used or kept
797 in any room, space, or building owned, leased or occupied by the
798 person or under the person’s management or control, any slot
799 machine or device or any part thereof; or
800 (b) To make or to permit to be made with any person any
801 agreement with reference to any slot machine or device, pursuant
802 to which the user thereof, as a result of any element of chance
803 or other outcome unpredictable to him or her, may become
804 entitled to receive any money, credit, allowance, or thing of
805 value or additional chance or right to use such machine or
806 device, or to receive any check, slug, token or memorandum
807 entitling the holder to receive any money, credit, allowance or
808 thing of value.
809 (3)(a) Except as provided in paragraphs (b) and (c), a
810 person who violates subsection (2) commits a misdemeanor of the
811 first degree, punishable as provided in s. 775.082 or s.
812 775.083.
813 (b) A person commits a felony of the third degree,
814 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
815 if he or she violates subsection (2), and:
816 1. At the time of the violation, the person was a person of
817 authority; or
818 2. The person has one prior conviction for a violation of
819 this section.
820 (c) A person commits a felony of the second degree,
821 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
822 if he or she violates subsection (2), and:
823 1.a. At the time of the violation, the person was a person
824 of authority; and
825 b. The violation involves five or more slot machines or
826 devices; or
827 2. The person has two or more prior convictions for a
828 violation of this section.
829 (4)(2) Pursuant to section 2 of that chapter of the
830 Congress of the United States entitled “An act to prohibit
831 transportation of gaming devices in interstate and foreign
832 commerce,” approved January 2, 1951, being ch. 1194, 64 Stat.
833 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
834 of Florida, acting by and through the duly elected and qualified
835 members of its Legislature, does hereby in this section, and in
836 accordance with and in compliance with the provisions of section
837 2 of such chapter of Congress, declare and proclaim that any
838 county of the State of Florida within which slot machine gaming
839 is authorized pursuant to chapter 551 is exempt from the
840 provisions of section 2 of that chapter of the Congress of the
841 United States entitled “An act to prohibit transportation of
842 gaming devices in interstate and foreign commerce,” designated
843 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
844 shipments of gaming devices, including slot machines, into any
845 county of this state within which slot machine gaming is
846 authorized pursuant to chapter 551 and the registering,
847 recording, and labeling of which have been duly performed by the
848 manufacturer or distributor thereof in accordance with sections
849 3 and 4 of that chapter of the Congress of the United States
850 entitled “An act to prohibit transportation of gaming devices in
851 interstate and foreign commerce,” approved January 2, 1951,
852 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
853 ss. 1171-1177, shall be deemed legal shipments thereof into this
854 state provided the destination of such shipments is an eligible
855 facility as defined in s. 551.102 or the facility of a slot
856 machine manufacturer or slot machine distributor as provided in
857 s. 551.109(2)(a).
858 (5) All shipments of legal gaming devices, including legal
859 slot machines, into Indian lands located within this state shall
860 be deemed legal shipments thereof provided that such Indian
861 lands are held in federal trust for the benefit of a federally
862 recognized Indian tribe that is a party to a tribal-state
863 compact with the state pursuant to the federal Indian Gaming
864 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C.
865 ss. 2701 et seq.
866 Section 23. Section 849.155, Florida Statutes, is created
867 to read:
868 849.155 Trafficking in slot machines, devices, or parts.
869 Any person who knowingly sells, purchases, manufactures,
870 transports, delivers, or brings into this state more than 15
871 slot machines or devices or any parts thereof commits a felony
872 of the first degree, punishable as provided in s. 775.082, s.
873 775.083, or s. 775.084. If the quantity of slot machines or
874 devices or any parts thereof involved is:
875 (1) More than 15 slot machines or devices or any parts
876 thereof, but less than 25 slot machines or devices or any parts
877 thereof, such person must be fined $100,000.
878 (2) Twenty-five slot machines or devices or any parts
879 thereof or more, but less than 50 slot machines or devices or
880 any parts thereof, such person must be fined $250,000.
881 (3) Fifty slot machines or devices or any parts thereof or
882 more, such person must be fined $500,000.
883 (4) Pursuant to section 2 of the chapter of the Congress of
884 the United States entitled “An act to prohibit transportation of
885 gaming devices in interstate and foreign commerce,” approved
886 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
887 designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
888 acting by and through the duly elected and qualified members of
889 its Legislature, does hereby in this section, and in accordance
890 with and in compliance with section 2 of such chapter of
891 Congress, declare and proclaim that any county of the State of
892 Florida within which slot machine gaming is authorized pursuant
893 to chapter 551 is exempt from section 2 of that chapter of the
894 Congress of the United States entitled “An act to prohibit
895 transportation of gaming devices in interstate and foreign
896 commerce,” designated as 15 U.S.C. ss. 1171-1177, approved
897 January 2, 1951. All shipments of gaming devices, including slot
898 machines, into any county of this state within which slot
899 machine gaming is authorized pursuant to chapter 551 and the
900 registering, recording, and labeling of which have been duly
901 performed by the manufacturer or distributor thereof in
902 accordance with sections 3 and 4 of that chapter of the Congress
903 of the United States entitled “An act to prohibit transportation
904 of gaming devices in interstate and foreign commerce,” approved
905 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
906 designated as 15 U.S.C. ss. 1171-1177, shall be deemed legal
907 shipments thereof into this state provided the destination of
908 such shipments is an eligible facility as defined in s. 551.102
909 or the facility of a slot machine manufacturer or slot machine
910 distributor as provided in s. 551.109(2)(a).
911 (5) All shipments of legal gaming devices, including legal
912 slot machines, into Indian lands located within the state shall
913 be deemed legal shipments thereof provided that such Indian
914 lands are held in federal trust for the benefit of a federally
915 recognized Indian tribe that is a party to a tribal-state
916 compact with the state pursuant to the federal Indian Gaming
917 Regulatory Act of 1988, 18 U.S.C. ss. 1166-1168 and 25 U.S.C.
918 ss. 2701 et seq.
919
920 Notwithstanding any other law, all fines imposed and collected
921 pursuant to this section must be deposited into the Pari-mutuel
922 Wagering Trust Fund and may be used for the enforcement of this
923 chapter and chapters 546, 550, and 551 by the Florida Gaming
924 Control Commission.
925 Section 24. Section 849.157, Florida Statutes, is created
926 to read:
927 849.157 Making a false or misleading statement regarding
928 the legality of slot machines or devices to facilitate sale.—
929 (1) Except as provided in subsection (2), a person who
930 knowingly and willfully makes a materially false or misleading
931 statement or who knowingly and willfully disseminates false or
932 misleading information regarding the legality of a slot machine
933 or device for the purpose of facilitating the sale or delivery
934 of a slot machine or device for any money or other valuable
935 consideration commits a felony of the third degree, punishable
936 as provided in s. 775.082, s. 775.083, or s. 775.084.
937 (2) A person who violates subsection (1), when such a
938 violation involves the sale or delivery, or attempted sale or
939 delivery, of five or more slot machines or devices, commits a
940 felony of the second degree, punishable as provided in s.
941 775.082, s. 775.083, or s. 775.084.
942 Section 25. Section 849.23, Florida Statutes, is repealed.
943 Section 26. Section 849.47, Florida Statutes, is created to
944 read:
945 849.47 Transporting or procuring the transportation of
946 persons to facilitate illegal gambling.—
947 (1) As used in this section, the term “illegal gambling”
948 means any criminal violation of this chapter, chapter 546,
949 chapter 550, or chapter 551 that occurs at any business,
950 establishment, premises, or other location.
951 (2) Except as provided in subsection (3), a person who
952 knowingly and willfully transports, or procures the
953 transportation of, five or more other persons into or within
954 this state when he or she knows or reasonably should know that
955 such transportation is for the purpose of facilitating illegal
956 gambling commits a misdemeanor of the first degree, punishable
957 as provided in s. 775.082 or s. 775.083.
958 (3)(a) A person who transports, or procures the
959 transportation of, a minor or a person 65 years of age or older
960 in violation of subsection (2) commits a felony of the third
961 degree, punishable as provided in s. 775.082, s. 775.083, or s.
962 775.084.
963 (b) A person who transports, or procures the transportation
964 of, 12 or more persons in violation of subsection (2) commits a
965 felony of the third degree, punishable as provided in s.
966 775.082, s. 775.083, or s. 775.084.
967 Section 27. Section 849.48, Florida Statutes, is created to
968 read:
969 849.48 Gambling or gaming advertisements; prohibited.—
970 (1) As used in this section, the term “illegal gambling”
971 means any criminal violation of this chapter, chapter 546,
972 chapter 550, or chapter 551 which occurs at any business,
973 establishment, premises, or other location.
974 (2)(a) Except as otherwise specifically authorized by law,
975 a person may not knowingly and intentionally make, publish,
976 disseminate, circulate, or place before the public, or cause,
977 directly or indirectly, to be made, published, disseminated,
978 circulated, or placed before the public in this state, in any
979 manner, whether in person or by the use, at least in part, of
980 the Internet, any advertisement, circular, bill, poster,
981 pamphlet, list, schedule, announcement, or notice for the
982 purpose of promoting or facilitating illegal gambling.
983 (b) Except as otherwise specifically authorized by law, a
984 person may not set up any type or plate for any type of
985 advertisement, circular, bill, poster, pamphlet, list, schedule,
986 announcement, or notice when he or she knows or reasonably
987 should know that such material will be used for the purpose of
988 promoting or facilitating illegal gambling.
989 (c) A person who violates this subsection commits:
990 1. For a first offense, a misdemeanor of the first degree,
991 punishable as provided in s. 775.082 or s. 775.083.
992 2. For a second or subsequent offense, a felony of the
993 third degree, punishable as provided in s. 775.082, s. 775.083,
994 or s. 775.084.
995 (3) This section does not prohibit the printing or
996 producing of any advertisement, circular, bill, poster,
997 pamphlet, list, schedule, announcement, or notice to be used for
998 the purpose of promoting or facilitating gambling conducted in
999 any other state or nation, outside of this state, where such
1000 gambling is not prohibited.
1001 Section 28. Section 849.49, Florida Statutes, is created to
1002 read:
1003 849.49 Preemption.—A county, municipality, or other
1004 political subdivision of the state may not enact or enforce any
1005 ordinance or local rule relating to gaming, gambling, lotteries,
1006 or any activities described in this chapter or s. 546.10, except
1007 as otherwise expressly provided by general law, special law, or
1008 the State Constitution.
1009 Section 29. Present paragraphs (i) through (m) of
1010 subsection (2) of section 903.046, Florida Statutes, are
1011 redesignated as paragraphs (j) through (n), respectively, and a
1012 new paragraph (i) is added to that subsection, to read:
1013 903.046 Purpose of and criteria for bail determination.—
1014 (2) When determining whether to release a defendant on bail
1015 or other conditions, and what that bail or those conditions may
1016 be, the court shall consider:
1017 (i) The amount of currency seized that is connected to or
1018 involved in a violation of chapter 546, chapter 550, chapter
1019 551, or chapter 849.
1020 Section 30. Paragraphs (a), (c), (e), and (g) of subsection
1021 (3) of section 921.0022, Florida Statutes, are amended to read:
1022 921.0022 Criminal Punishment Code; offense severity ranking
1023 chart.—
1024 (3) OFFENSE SEVERITY RANKING CHART
1025 (a) LEVEL 1
1026
1027
1028 FloridaStatute FelonyDegree Description
1029 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
1030 104.0616(2) 3rd Unlawfully distributing, ordering, requesting, collecting, delivering, or possessing vote-by-mail ballots.
1031 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
1032 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
1033 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
1034 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
1035 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
1036 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
1037 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
1038 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
1039 322.212(5)(a) 3rd False application for driver license or identification card.
1040 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
1041 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
1042 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
1043 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
1044 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
1045 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
1046 815.04(4)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
1047 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
1048 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
1049 826.01 3rd Bigamy.
1050 828.122(3) 3rd Fighting or baiting animals.
1051 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
1052 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
1053 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
1054 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.
1055 838.15(2) 3rd Commercial bribe receiving.
1056 838.16 3rd Commercial bribery.
1057 843.18 3rd Fleeing by boat to elude a law enforcement officer.
1058 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
1059 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.
1060 849.23 3rd Gambling-related machines; “common offender” as to property rights.
1061 849.25(2) 3rd Engaging in bookmaking.
1062 860.08 3rd Interfere with a railroad signal.
1063 860.13(1)(a) 3rd Operate aircraft while under the influence.
1064 893.13(2)(a)2. 3rd Purchase of cannabis.
1065 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
1066 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
1067
1068 (c) LEVEL 3
1069
1070
1071 FloridaStatute FelonyDegree Description
1072 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
1073 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
1074 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
1075 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
1076 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
1077 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
1078 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
1079 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
1080 327.35(2)(b) 3rd Felony BUI.
1081 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
1082 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
1083 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
1084 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.
1085 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.
1086 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
1087 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
1088 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
1089 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
1090 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
1091 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
1092 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
1093 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
1094 697.08 3rd Equity skimming.
1095 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
1096 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.
1097 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
1098 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
1099 810.09(2)(b) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
1100 810.145(2)(c) 3rd Digital voyeurism; 19 years of age or older.
1101 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
1102 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
1103 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
1104 812.081(2) 3rd Theft of a trade secret.
1105 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
1106 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
1107 817.233 3rd Burning to defraud insurer.
1108 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
1109 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
1110 817.236 3rd Filing a false motor vehicle insurance application.
1111 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
1112 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
1113 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
1114 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
1115 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
1116 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
1117 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
1118 838.12(3) 3rd Betting on a predetermined or prearranged professional or amateur game, contest, match, race, or sport.
1119 849.01 3rd Keeping a gambling house.
1120 849.02(2) 3rd Agents or employees of keeper of gambling house.
1121 849.03(1) 3rd Renting house for gambling purposes.
1122 849.08(4) 3rd Operating, conducting, promoting, aiding, abetting, assisting Internet gambling and Internet sports wagering.
1123 849.086(12)(e) 3rd Tampering with cards or card games.
1124 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.
1125 849.09(1)(e), (f), (g), (i), or (k) 3rd Conducting an unlawful lottery; second or subsequent offense.
1126 849.09(1)(h) or (j) 3rd Conducting an unlawful lottery; second or subsequent offense.
1127 849.11(2) 3rd Offenses relating to games of chance.
1128 849.14 3rd Betting on result of trial or contest of skill, etc.
1129 849.15(3)(b) 3rd Manufacture, sale, or possession of slot machine; by person of authority or with prior conviction.
1130 849.157(1) 3rd False or misleading statement to facilitate sale of slot machines or devices.
1131 849.25(2) 3rd Engaging in bookmaking.
1132 849.47(3)(a) & (b) 3rd Transporting persons to facilitate illegal gambling; minor, person 65 years of age or older, or 12 or more persons.
1133 849.48(2)(c) 3rd Illegal gambling advertising.
1134 847.01385 3rd Harmful communication to a minor.
1135 860.15(3) 3rd Overcharging for repairs and parts.
1136 870.01(2) 3rd Riot.
1137 870.01(4) 3rd Inciting a riot.
1138 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).
1139 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.
1140 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.
1141 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
1142 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
1143 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
1144 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
1145 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
1146 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
1147 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.
1148 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.
1149 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
1150 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.
1151 918.13(1) 3rd Tampering with or fabricating physical evidence.
1152 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
1153 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
1154 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
1155
1156 (e) LEVEL 5
1157
1158
1159 FloridaStatute FelonyDegree Description
1160 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
1161 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
1162 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
1163 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
1164 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
1165 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.
1166 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
1167 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
1168 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
1169 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
1170 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
1171 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
1172 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
1173 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
1174 790.01(3) 3rd Unlawful carrying of a concealed firearm.
1175 790.162 2nd Threat to throw or discharge destructive device.
1176 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
1177 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
1178 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
1179 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
1180 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
1181 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
1182 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
1183 810.145(4)(c) 3rd Commercial digital voyeurism dissemination.
1184 810.145(7)(a) 2nd Digital voyeurism; 2nd or subsequent offense.
1185 810.145(8)(a) 2nd Digital voyeurism; certain minor victims.
1186 812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft from 20 or more dwellings or their unenclosed curtilage, or any combination.
1187 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
1188 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
1189 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
1190 812.015(8)(g) 3rd Retail theft; committed with specified number of other persons.
1191 812.019(1) 2nd Stolen property; dealing in or trafficking in.
1192 812.081(3) 2nd Trafficking in trade secrets.
1193 812.131(2)(b) 3rd Robbery by sudden snatching.
1194 812.16(2) 3rd Owning, operating, or conducting a chop shop.
1195 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
1196 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
1197 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.
1198 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.
1199 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
1200 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
1201 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
1202 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
1203 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
1204 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.
1205 843.01(1) 3rd Resist officer with violence to person; resist arrest with violence.
1206 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
1207 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
1208 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
1209 849.02(3) 2nd Agents or employees of keeper of gambling house, 3rd or subsequent offense.
1210 849.03(2) 2nd Renting house for gambling purposes.
1211 849.15(3)(c) 2nd Manufacture, sale, or possession of a slot machine; by a person of authority of five or more machines or two or more prior convictions.
1212 849.157(2) 2nd False or misleading statement to facilitate sale of slot machines or devices; five or more machines.
1213 849.25(3) 2nd Bookmaking; second or subsequent offense.
1214 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
1215 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
1216 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).
1217 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.
1218 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.
1219 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.
1220 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.
1221 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
1222 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
1223
1224 (g) LEVEL 7
1225
1226
1227 FloridaStatute FelonyDegree Description
1228 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
1229 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1230 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.
1231 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1232 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1233 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1234 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1235 456.065(2) 3rd Practicing a health care profession without a license.
1236 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1237 458.327(1) 3rd Practicing medicine without a license.
1238 459.013(1) 3rd Practicing osteopathic medicine without a license.
1239 460.411(1) 3rd Practicing chiropractic medicine without a license.
1240 461.012(1) 3rd Practicing podiatric medicine without a license.
1241 462.17 3rd Practicing naturopathy without a license.
1242 463.015(1) 3rd Practicing optometry without a license.
1243 464.016(1) 3rd Practicing nursing without a license.
1244 465.015(2) 3rd Practicing pharmacy without a license.
1245 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1246 467.201 3rd Practicing midwifery without a license.
1247 468.366 3rd Delivering respiratory care services without a license.
1248 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1249 483.901(7) 3rd Practicing medical physics without a license.
1250 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1251 484.053 3rd Dispensing hearing aids without a license.
1252 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.
1253 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.
1254 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1255 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1256 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
1257 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1258 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1259 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1260 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1261 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1262 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1263 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1264 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1265 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1266 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1267 784.048(7) 3rd Aggravated stalking; violation of court order.
1268 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1269 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1270 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1271 784.081(1) 1st Aggravated battery on specified official or employee.
1272 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1273 784.083(1) 1st Aggravated battery on code inspector.
1274 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
1275 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.
1276 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1277 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1278 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1279 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1280 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1281 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1282 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1283 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.
1284 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
1285 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
1286 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
1287 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.
1288 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.
1289 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1290 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1291 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1292 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1293 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1294 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.
1295 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1296 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1297 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1298 812.014(2)(g) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
1299 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1300 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1301 812.131(2)(a) 2nd Robbery by sudden snatching.
1302 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1303 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1304 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1305 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1306 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1307 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.
1308 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
1309 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
1310 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1311 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
1312 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1313 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.
1314 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1315 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1316 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
1317 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
1318 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1319 838.015 2nd Bribery.
1320 838.016 2nd Unlawful compensation or reward for official behavior.
1321 838.021(3)(a) 2nd Unlawful harm to a public servant.
1322 838.22 2nd Bid tampering.
1323 843.0855(2) 3rd Impersonation of a public officer or employee.
1324 843.0855(3) 3rd Unlawful simulation of legal process.
1325 843.0855(4) 3rd Intimidation of a public officer or employee.
1326 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1327 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1328 849.155 1st Trafficking in slot machines or devices or any parts thereof.
1329 872.06 2nd Abuse of a dead human body.
1330 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1331 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1332 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.
1333 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.
1334 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
1335 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1336 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1337 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1338 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
1339 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
1340 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
1341 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
1342 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
1343 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
1344 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
1345 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
1346 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1347 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1348 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1349 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1350 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
1351 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
1352 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
1353 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1354 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1355 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1356 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1357 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1358 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1359 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1360 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1361 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1362 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1363 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1364 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1365 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1366 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1367 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1368
1369 Section 31. Paragraph (a) of subsection (1) and paragraph
1370 (a) of subsection (2) of section 772.102, Florida Statutes, are
1371 amended to read:
1372 772.102 Definitions.—As used in this chapter, the term:
1373 (1) “Criminal activity” means to commit, to attempt to
1374 commit, to conspire to commit, or to solicit, coerce, or
1375 intimidate another person to commit:
1376 (a) Any crime that is chargeable by indictment or
1377 information under the following provisions:
1378 1. Section 210.18, relating to evasion of payment of
1379 cigarette taxes.
1380 2. Section 414.39, relating to public assistance fraud.
1381 3. Section 440.105 or s. 440.106, relating to workers’
1382 compensation.
1383 4. Part IV of chapter 501, relating to telemarketing.
1384 5. Chapter 517, relating to securities transactions.
1385 6. Section 550.235 or s. 550.3551, relating to dogracing
1386 and horseracing.
1387 7. Chapter 550, relating to jai alai frontons.
1388 8. Chapter 552, relating to the manufacture, distribution,
1389 and use of explosives.
1390 9. Chapter 562, relating to beverage law enforcement.
1391 10. Section 624.401, relating to transacting insurance
1392 without a certificate of authority, s. 624.437(4)(c)1., relating
1393 to operating an unauthorized multiple-employer welfare
1394 arrangement, or s. 626.902(1)(b), relating to representing or
1395 aiding an unauthorized insurer.
1396 11. Chapter 687, relating to interest and usurious
1397 practices.
1398 12. Section 721.08, s. 721.09, or s. 721.13, relating to
1399 real estate timeshare plans.
1400 13. Chapter 782, relating to homicide.
1401 14. Chapter 784, relating to assault and battery.
1402 15. Chapter 787, relating to kidnapping or human
1403 trafficking.
1404 16. Chapter 790, relating to weapons and firearms.
1405 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
1406 relating to prostitution.
1407 18. Chapter 806, relating to arson.
1408 19. Section 810.02(2)(c), relating to specified burglary of
1409 a dwelling or structure.
1410 20. Chapter 812, relating to theft, robbery, and related
1411 crimes.
1412 21. Chapter 815, relating to computer-related crimes.
1413 22. Chapter 817, relating to fraudulent practices, false
1414 pretenses, fraud generally, and credit card crimes.
1415 23. Section 827.071, relating to commercial sexual
1416 exploitation of children.
1417 24. Chapter 831, relating to forgery and counterfeiting.
1418 25. Chapter 832, relating to issuance of worthless checks
1419 and drafts.
1420 26. Section 836.05, relating to extortion.
1421 27. Chapter 837, relating to perjury.
1422 28. Chapter 838, relating to bribery and misuse of public
1423 office.
1424 29. Chapter 843, relating to obstruction of justice.
1425 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1426 s. 847.07, relating to obscene literature and profanity.
1427 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1428 849.25, relating to gambling.
1429 32. Chapter 893, relating to drug abuse prevention and
1430 control.
1431 33. Section 914.22 or s. 914.23, relating to witnesses,
1432 victims, or informants.
1433 34. Section 918.12 or s. 918.13, relating to tampering with
1434 jurors and evidence.
1435 (2) “Unlawful debt” means any money or other thing of value
1436 constituting principal or interest of a debt that is legally
1437 unenforceable in this state in whole or in part because the debt
1438 was incurred or contracted:
1439 (a) In violation of any one of the following provisions of
1440 law:
1441 1. Section 550.235 or s. 550.3551, relating to dogracing
1442 and horseracing.
1443 2. Chapter 550, relating to jai alai frontons.
1444 3. Section 687.071, relating to criminal usury and loan
1445 sharking.
1446 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1447 849.25, relating to gambling.
1448 Section 32. Paragraph (a) of subsection (12) of section
1449 895.02, Florida Statutes, is amended to read:
1450 895.02 Definitions.—As used in ss. 895.01-895.08, the term:
1451 (12) “Unlawful debt” means any money or other thing of
1452 value constituting principal or interest of a debt that is
1453 legally unenforceable in this state in whole or in part because
1454 the debt was incurred or contracted:
1455 (a) In violation of any one of the following provisions of
1456 law:
1457 1. Section 550.235 or s. 550.3551, relating to dogracing
1458 and horseracing.
1459 2. Chapter 550, relating to jai alai frontons.
1460 3. Section 551.109, relating to slot machine gaming.
1461 4. Chapter 687, relating to interest and usury.
1462 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1463 849.25, relating to gambling.
1464 Section 33. For the purpose of incorporating the amendment
1465 made by this act to section 550.09515, Florida Statutes, in a
1466 reference thereto, subsection (3) of section 550.3345, Florida
1467 Statutes, is reenacted to read:
1468 550.3345 Conversion of quarter horse permit to a limited
1469 thoroughbred permit.—
1470 (3) Unless otherwise provided in this section, after
1471 conversion, the permit and the not-for-profit corporation shall
1472 be treated under the laws of this state as a thoroughbred permit
1473 and as a thoroughbred permitholder, respectively, with the
1474 exception of ss. 550.09515(3) and 550.6308.
1475 Section 34. This act shall take effect October 1, 2025.
1476
1477 ================= T I T L E A M E N D M E N T ================
1478 And the title is amended as follows:
1479 Delete everything before the enacting clause
1480 and insert:
1481 A bill to be entitled
1482 An act relating to gambling; amending s. 16.71, F.S.;
1483 deleting obsolete provisions; deleting language
1484 concerning factors to be considered in appointments to
1485 the Florida Gaming Control Commission; amending s.
1486 16.712, F.S.; revising the information that must be
1487 included in the commission’s annual report to the
1488 Governor and the Legislature; amending s. 16.713,
1489 F.S.; prohibiting certain employment for a specified
1490 timeframe before or during a person’s service with the
1491 commission; amending s. 16.715, F.S.; revising
1492 standards of conduct for the commission; prohibiting
1493 certain post-employment activities for former
1494 commissioners and employees for a specified period;
1495 amending s. 546.10, F.S.; authorizing certain
1496 organizations to petition the commission before
1497 purchasing, installing, or operating a game or machine
1498 on its premises before petitioning for and being
1499 issued a specified declaratory statement from the
1500 commission if the organization is unsure if such game
1501 or machine is an amusement machine; prohibiting such
1502 organizations from purchasing or installing a game or
1503 machine until an outstanding declaratory statement is
1504 issued; prohibiting such organizations from seeking a
1505 declaratory statement if the game or machine in
1506 question is the subject of a criminal investigation;
1507 requiring the commission to issue a declaratory
1508 statement within a specified timeframe; prohibiting
1509 the commission from denying a petition if it was
1510 validly requested; specifying the information that
1511 must be included in a request for a declaratory
1512 statement; providing that the declaratory statement is
1513 valid only for the game or machine for which it is
1514 requested; providing that the declaratory statement is
1515 invalid if the specifications for the game or machine
1516 have been changed; providing that the declaratory
1517 statement is binding on the commission and may be
1518 introduced as evidence in subsequent proceedings;
1519 providing construction; amending ss. 550.09512 and
1520 550.09515, F.S.; deleting a requirement that the
1521 commission reissue certain escheated permits to
1522 qualified applicants; deleting applicability; deleting
1523 that such new applicants are authorized to operate
1524 certain facilities within the specified area of the
1525 escheated permit was authorized to operate; amending
1526 s. 551.103, F.S.; revising the powers and duties of
1527 the commission; amending s. 551.104, F.S.; revising
1528 the hiring and procurement policy and reporting
1529 requirements for slot machine gaming licensure;
1530 amending s. 551.114, F.S.; authorizing a slot machine
1531 licensee to apply to the commission to change the
1532 location of the designated slot machine gaming area
1533 under certain circumstances; requiring a pari-mutuel
1534 permit holder to submit to the commission certain
1535 information about the new designated slot machine
1536 gaming area; providing that the commission is
1537 responsible for approving or denying an application to
1538 change the location of the designated slot machine
1539 gaming area; requiring applicants to apply on forms
1540 adopted by the commission; requiring the commission to
1541 examine and approve or deny applicants within a
1542 specified timeframe; authorizing the commission to
1543 adopt rules; amending s. 838.12, F.S.; prohibiting
1544 betting on athletic contests with knowledge that the
1545 results are prearranged or predetermined; providing
1546 criminal penalties; amending s. 843.08, F.S.;
1547 prohibiting false personation of personnel of the
1548 commission; providing criminal penalties; amending s.
1549 849.01, F.S.; revising criminal penalties for offenses
1550 involving keeping a gambling house; amending s.
1551 849.02, F.S.; increasing criminal penalties for
1552 specified offenses by agents or employees of a keeper
1553 of a gambling house; amending s. 849.03, F.S.;
1554 revising criminal penalties for offenses involving
1555 renting a house for gambling purposes; amending s.
1556 849.08, F.S.; defining the terms “Internet gambling”
1557 and “Internet sports wagering”; prohibiting Internet
1558 gambling and Internet sports wagering and related
1559 offenses; providing criminal penalties; providing an
1560 exception; amending s. 849.086, F.S.; providing that a
1561 cardroom operator may limit the playing of any game to
1562 persons 21 years of age or older; making technical
1563 changes; prohibiting specified actions relating to
1564 manipulation of card games; providing criminal
1565 penalties; creating s. 849.0932, F.S.; defining terms;
1566 prohibiting entry fees collected by noncommercial
1567 contest operators from exceeding a specified amount;
1568 requiring that all entry fees be returned to contest
1569 participants in the form of prizes; requiring the
1570 commission to investigate and refer violations to the
1571 Attorney General or the state attorney in the circuit
1572 in which the violation occurs; authorizing the
1573 Attorney General or the state attorney to institute
1574 proceedings to enjoin persons found to be in violation
1575 of specified provisions of law; providing fines of
1576 specified amounts and civil and criminal penalties for
1577 specified violations; amending s. 849.11, F.S.;
1578 prohibiting certain offenses related to games of
1579 chance involving the Internet; providing criminal
1580 penalties; amending s. 849.13, F.S.; providing
1581 enhanced criminal penalties for second or subsequent
1582 violations of certain provisions; amending s. 849.14,
1583 F.S.; revising the criminal penalties for betting or
1584 wagering on certain activities; amending s. 849.15,
1585 F.S.; defining terms; providing criminal penalties for
1586 specified offenses relating to the manufacture,
1587 possession, and sale of slot machines or devices;
1588 creating s. 849.155, F.S.; prohibiting trafficking in
1589 slot machines, devices, or parts thereof; providing
1590 criminal penalties; providing for the deposit of fines
1591 into a specified trust fund for specified purposes;
1592 creating s. 849.157, F.S.; prohibiting the making of a
1593 false or misleading statement regarding the legality
1594 of slot machines or devices for specified purposes;
1595 providing criminal penalties; repealing s. 849.23,
1596 F.S., relating to penalties for violations of
1597 specified sections; creating s. 849.47, F.S.; defining
1598 the term “illegal gambling”; prohibiting the
1599 transportation of specified numbers of persons,
1600 persons of certain ages, or a certain number of
1601 persons for the purpose of facilitating illegal
1602 gambling; providing criminal penalties; creating s.
1603 849.48, F.S.; defining the term “illegal gambling”;
1604 prohibiting specified gambling or gaming
1605 advertisements; providing criminal penalties;
1606 providing construction; creating s. 849.49, F.S.;
1607 preempting to the state the regulation of gaming,
1608 gambling, lotteries, or any activities described in
1609 specified provisions; amending s. 903.046, F.S.;
1610 providing for consideration of the amount of currency
1611 seized connected to or involved in specified gambling
1612 or gaming offenses when determining whether to release
1613 a defendant prior to trial; amending s. 921.0022,
1614 F.S.; ranking offenses for purposes of the offense
1615 severity ranking chart of the Criminal Punishment
1616 Code; amending ss. 772.102 and 895.02, F.S.;
1617 conforming provisions to changes made by the act;
1618 reenacting s. 550.3345(3), F.S., relating to the
1619 conversion of quarter horse permit to a limited
1620 thoroughbred permit, to incorporate the amendment made
1621 to s. 550.09515, F.S., in a reference thereto;
1622 providing an effective date.