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Home Source documents PCS for HB 189, Gaming Control (2024) — Florida House of Representatives

PCS for HB 189, Gaming Control (2024) — Florida House of Representatives

Issuer
Congressional materials
Document type
2024 3236 Regulatory Reform Economic Development Subcommittee Proposed Committee Bills Pcb
Case
2024 3236 Regulatory Reform Economic Development Subcommittee Proposed Committee Bills Pcbs Fn Pcs For Hb 189

Summary

The original 2024 text of the PCS for HB 189 in the Florida House of Representatives, a bill relating to gaming control. The bill would prohibit falsely personating Florida Gaming Control Commission personnel, require that keeping a gambling house be committed knowingly and raise its penalty, and increase penalties for slot machine violations. It would create s. 849.155, F.S., making trafficking in more than 15 slot machines or devices a first-degree felony with fines of $100,000, $250,000 or $500,000 depending on quantity, deposited into the Pari-mutuel Wagering Trust Fund. It would also create offenses for false statements about slot machine legality, transporting persons for illegal gambling and illegal gambling advertisements, and preempt gambling regulation to the state. The 66-page bill closes with offense severity rankings and takes effect July 1, 2024.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“PCS for HB 189, Gaming Control (2024) — Florida House of Representatives.” Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-3236-regulatory-reform-economic-development-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-189/, SHA-256 f167574e544ac732e1ef612ab75633fc01c83f337f5d444bec8033959e6e1b27.

Full text

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           PCS for HB 189                             ORIGINAL                                                  2024



    1                                         A bill to be entitled
    2              An act relating to gaming control; amending s. 843.08,
    3              F.S.; prohibiting a person from falsely personating
    4              any personnel or representative from the Florida
    5              Gaming Control Commission; providing a criminal
    6              penalty; amending s. 849.01, F.S.; specifying a
    7              violation of the prohibition against keeping a
    8              gambling house must be committed knowingly; increasing
    9              the criminal penalty for a violation; amending s.
10                 849.15, F.S.; providing definitions; increasing the
11                 criminal penalty for specified violations involving a
12                 slot machine or device; creating s. 849.155, F.S.;
13                 prohibiting a person from trafficking in slot machines
14                 or devices; providing a criminal penalty; requiring a
15                 court to order an offender to pay a specified fine if
16                 he or she is convicted of trafficking in a specified
17                 number of slot machines or devices; requiring any
18                 fines imposed and collected to be deposited into the
19                 Pari-mutuel Wagering Trust Fund to be used for
20                 specified purposes; creating s. 849.157, F.S.;
21                 prohibiting a person from making false statements or
22                 disseminating false information regarding the legality
23                 of a slot machine or device to facilitate the sale or
24                 delivery of such device; providing criminal penalties;
25                 repealing s. 849.23, F.S.; relating to penalties for

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        PCS for HB 189                             ORIGINAL                                                  2024



26              specified violations; creating s. 849.47, F.S.;
27              prohibiting a person from, for profit or hire,
28              transporting or procuring the transportation of a
29              specified number of other persons for the purpose of
30              facilitating illegal gambling; providing criminal
31              penalties; defining the term “illegal gambling”;
32              creating s. 849.48, F.S.; prohibiting a person from
33              making or disseminating specified advertisements for
34              the purpose of promoting or facilitating illegal
35              gambling; prohibiting a person from setting up any
36              type or plate for specified advertisements when he or
37              she knows or reasonably should know such material will
38              be used for the purpose of promoting or facilitating
39              illegal gambling; providing a criminal penalty;
40              providing an exception; defining the term “illegal
41              gambling”; creating s. 849.49, F.S.; specifying that
42              the regulation of gambling is expressly preempted to
43              the state; providing an exception; amending s.
44              903.046, F.S.; requiring a court to consider the
45              amount of currency seized that is connected to
46              specified violations relating to illegal gambling when
47              determining bail; amending s. 921.0022, F.S.; ranking
48              offenses created by the act on the offense severity
49              ranking chart of the Criminal Punishment Code; re-
50              ranking specified offenses on the offense severity

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        PCS for HB 189                             ORIGINAL                                                  2024



51              ranking chart of the Criminal Punishment Code;
52              providing an effective date.
53
54      Be It Enacted by the Legislature of the State of Florida:
55
56              Section 1.         Section 843.08, Florida Statutes, is amended to
57      read:
58              843.08       False personation.—A person who falsely assumes or
59      pretends to be a firefighter, a sheriff, an officer of the
60      Florida Highway Patrol, an officer of the Fish and Wildlife
61      Conservation Commission, an officer of the Department of
62      Environmental Protection, an officer of the Department of
63      Financial Services, any personnel or representative of the
64      Division of Investigative and Forensic Services, any personnel
65      or representative of the Florida Gaming Control Commission, an
66      officer of the Department of Corrections, a correctional
67      probation officer, a deputy sheriff, a state attorney or an
68      assistant state attorney, a statewide prosecutor or an assistant
69      statewide prosecutor, a state attorney investigator, a coroner,
70      a police officer, a lottery special agent or lottery
71      investigator, a beverage enforcement agent, a school guardian as
72      described in s. 30.15(1)(k), a security officer licensed under
73      chapter 493, any member of the Florida Commission on Offender
74      Review or any administrative aide or supervisor employed by the
75      commission, any personnel or representative of the Department of

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         PCS for HB 189                             ORIGINAL                                                  2024



 76      Law Enforcement, or a federal law enforcement officer as defined
 77      in s. 901.1505, and takes upon himself or herself to act as
 78      such, or to require any other person to aid or assist him or her
 79      in a matter pertaining to the duty of any such officer, commits
 80      a felony of the third degree, punishable as provided in s.
 81      775.082, s. 775.083, or s. 775.084. However, a person who
 82      falsely personates any such officer during the course of the
 83      commission of a felony commits a felony of the second degree,
 84      punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 85      If the commission of the felony results in the death or personal
 86      injury of another human being, the person commits a felony of
 87      the first degree, punishable as provided in s. 775.082, s.
 88      775.083, or s. 775.084. In determining whether a defendant has
 89      violated this section, the court or jury may consider any
 90      relevant evidence, including, but not limited to, whether the
 91      defendant used lights in violation of s. 316.2397 or s. 843.081.
 92              Section 2.         Section 849.01, Florida Statutes, is amended to
 93      read:
 94              849.01       Keeping gambling houses, etc.—Whoever by herself or
 95      himself, her or his servant, clerk or agent, or in any other
 96      manner knowingly has, keeps, exercises or maintains a gaming
 97      table or room, or gaming implements or apparatus, o r house,
 98      booth, tent, shelter or other place for the purpose of gaming or
 99      gambling or in any place of which she or he may directly or
100      indirectly have charge, control or management, either

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         PCS for HB 189                             ORIGINAL                                                  2024



101      exclusively or with others, procures, suffers or permits any
102      person to play for money or other valuable thing at any game
103      whatever, whether heretofore prohibited or not, commits a felony
104      of the third misdemeanor of the second degree, punishable as
105      provided in s. 775.082, or s. 775.083, or 775.084.
106              Section 3.         Section 849.15, Florida Statutes, is amended to
107      read:
108              849.15       Manufacture, sale, possession, etc., of slot
109      machines or devices prohibited.—
110              (1) As used in this section the term:
111              (a)     “Conviction” means a determination of guilt that is
112      the result of a plea or a trial, regardless of whether
113      adjudication is withheld or a plea of nolo contendere is
114      entered.
115              (b) "Manager" means a person who, at any business,
116      establishment, premises, or other location at which a slot
117      machine or device is offered for play, has:
118              1.      Authorization to operate or hold open the business,
119      establishment, premises, or other location without any other
120      employee present;
121              2.      Authorization to supervise another employee or
122      employees; or
123              3.      Any ownership interest in the business, establishment,
124      premises, or other location.
125              (2)     It is unlawful:

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         PCS for HB 189                             ORIGINAL                                                  2024



126              (a)         To manufacture, own, store, keep, possess, sell, rent,
127      lease, let on shares, lend or give away, transport, or expose
128      for sale or lease, or to offer to sell, rent, lease, let on
129      shares, lend or give away, or permit the operation of, or for
130      any person to permit to be placed, maintained, or used or kept
131      in any room, space, or building owned, leased or occupied by the
132      person or under the person's management or control, any slot
133      machine or device or any part thereof; or
134              (b)         To make or to permit to be made with any person any
135      agreement with reference to any slot machine or device, pursuant
136      to which the user thereof, as a result of any element of chance
137      or other outcome unpredictable to him or her, may become
138      entitled to receive any money, credit, allowance, or thing of
139      value or additional chance or right to use such machine or
140      device, or to receive any check, slug, token or memorandum
141      entitling the holder to receive any money, credit, allowance or
142      thing of value.
143              (3)(a) Except as provided in paragraphs (b) and (c), a
144      person who violates subsection (2) commits a misdemeanor of the
145      first degree, punishable as provided in s. 775.082 or s.
146      775.083.
147              (b)         A person commits a felony of the third degree,
148      punishable as provided in s. 775.082, s. 775.083, or s 775.084,
149      if he or she violates subsection (2) and:
150              1.      At the time of the violation the person is acting as a

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         PCS for HB 189                             ORIGINAL                                                  2024



151      manager.
152              2.      Has one prior conviction for a violation of this
153      section.
154              (c)     A person commits a felony of the second degree,
155      punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
156      if he or she violates subsection (2) and:
157              1.a.        At the time of the violation the person is acting as
158      a manager; and
159              b.      The violation involves five or more slot machines or
160      devices.
161              2.      Has two or more prior convictions for a violation of
162      this section.
163                  (4)(2) Pursuant to section 2 of that chapter of the
164      Congress of the United States entitled "An act to prohibit
165      transportation of gaming devices in interstate and foreign
166      commerce," approved January 2, 1951, being ch. 1194, 64 Stat.
167      1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
168      of Florida, acting by and through the duly elected and qualified
169      members of its Legislature, does hereby in this section, and in
170      accordance with and in compliance with the provisions of section
171      2 of such chapter of Congress, declare and proclaim that any
172      county of the State of Florida within which slot machine gaming
173      is authorized pursuant to chapter 551 is exempt from the
174      provisions of section 2 of that chapter of the Congress of the
175      United States entitled "An act to prohibit transportation of

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         PCS for HB 189                             ORIGINAL                                                  2024



176      gaming devices in interstate and foreign commerce," designated
177      as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
178      shipments of gaming devices, including slot machines, into any
179      county of this state within which slot machine gaming is
180      authorized pursuant to chapter 551 and the registering,
181      recording, and labeling of which have been duly performed by the
182      manufacturer or distributor thereof in accordance with sections
183      3 and 4 of that chapter of the Congress of the United States
184      entitled "An act to prohibit transportation of gaming devices in
185      interstate and foreign commerce," approved January 2, 1951,
186      being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
187      ss. 1171-1177, shall be deemed legal shipments thereof into this
188      state provided the destination of such shipments is an eligible
189      facility as defined in s. 551.102 or the facility of a slot
190      machine manufacturer or slot machine distributor as provided in
191      s. 551.109(2)(a).
192              Section 4.         Section 849.155, Florida Statutes, is created
193      to read:
194              849.155       Trafficking in slot machines or devices or any
195      parts thereof.—Any person who knowingly sells, purchases,
196      manufactures, transports, delivers, or brings into this state
197      more than 15 slot machines or devices or any part thereof,
198      commits a felony of the first degree, punishable as provided in
199      s. 775.082, s. 775.083, or s. 775.084. If the quantity of slot
200      machines or devices or any part thereof involved:

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         PCS for HB 189                             ORIGINAL                                                  2024



201              (1)     Is more than 15 slot machines or devices or any part
202      thereof, but less than 25 slot machines or devices or any part
203      thereof, such person must be ordered to pay a fine of $100,000.
204              (2)         Is 25 slot machines or devices or any part thereof or
205      more, but less than 50 slot machines or devices or any part
206      thereof, such person must be ordered to pay a fine of $250,000.
207              (3)     Is 50 slot machines or devices or any part thereof or
208      more, such person must be ordered to pay a fine of $500,000.
209
210      All fines imposed and collected pursuant to this section must be
211      deposited into the Pari-mutuel Wagering Trust Fund and may be
212      used for the enforcement of chapters 546, 550, 551, and this
213      chapter by the Florida Gaming Control Commission.
214              Section 5.         Section 849.157, Florida Statutes, is created
215      to read:
216              849.157        Making a false or misleading statement regarding
217      the legality of slot machines or devices to facilitate sale. —
218              (1)         Except as provided in subsection (2), a person who
219      knowingly and willfully makes a materially false or misleading
220      statement or who knowingly and willfully disseminates false or
221      misleading information regarding the legality of a slot machine
222      or device for the purpose of facilitating the sale or delivery
223      of a slot machine or device for any money or other valuable
224      consideration commits a felony of the third degree, punishable
225      as provided in s. 775.082, s. 775.083, or s. 775.084.

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         PCS for HB 189                             ORIGINAL                                                  2024



226              (2)     A person who violates subsection (1) when such a
227      violation involves the sale or delivery, or attempted sale or
228      delivery, of five or more slot machines or devices commits a
229      felony of the second degree, punishable as provided in s.
230      775.082, s. 775.083, or s. 775.084.
231              Section 6.         Section 849.23, Florida Statutes, is repealed.
232              Section 7.         Section 849.47, Florida Statutes, is created to
233      read:
234              849.47        Transporting or procuring the transportation of
235      persons to facilitate illegal gambling.—
236              (1)     Except as provided in subsection (2), a person who
237      knowingly and willfully for profit or hire transports, or
238      procures the transportation of, five or more other persons into
239      or within this state when he or she knows or reasonably should
240      know such transportation is for the purpose of facilitating
241      illegal gambling commits a misdemeanor of the first degree,
242      punishable as provided in s. 775.082 or s. 775.083.
243              (2)(a)        A person who transports, or procures the
244      transportation of, a minor or a person 65 years of age or older
245      in violation of subsection (1) commits a felony of the third
246      degree, punishable as provided in s. 775.082, s. 775.083, or s.
247      775.084.
248              (b)         A person who transports, or procures the
249      transportation of, 12 or more persons in violation of subsection
250      (1) commits a felony of the third degree, punishable as provided

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         PCS for HB 189                             ORIGINAL                                                  2024



251      in s. 775.082, s. 775.083, or s. 775.084.
252              (3)     As used in this section, the term “illegal gambling”
253      means any criminal violation of chapter 546, 550, 551, or 849
254      that occurs at any business, establishment, premises, or other
255      location which operates for profit.
256              Section 8.         Section 849.48, Florida Statutes, is created to
257      read:
258              849.48        Gambling or gaming advertisements; prohibited.—
259              (1)(a)        Except as otherwise specifically authorized by law,
260      a person may not knowingly and intentionally make, publish,
261      disseminate, circulate or place before the public, or cause,
262      directly or indirectly, to be made, published, disseminated or
263      circulated or placed before the public in this state, in any
264      manner, any advertisement, circular, bill, poster, pamphlet,
265      list, schedule, announcement, or notice for the purpose of
266      promoting or facilitating illegal gambling.
267              (b)     Except as otherwise specifically authorized by law, a
268      person may not set up any type or plate for any type of
269      advertisement, circular, bill, poster, pamphlet, list, schedule,
270      announcement, or notice when he or she knows or reasonably
271      should know that such material will be used for the purpose of
272      promoting or facilitating illegal gambling.
273              (2)         A person who violates subsection (1) commits a
274      misdemeanor of the first degree, punishable as provided in s.
275      775.082 or s. 775.083.

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         PCS for HB 189                             ORIGINAL                                                  2024



276              (3)     Nothing in this section prohibits the printing or
277      producing of any advertisement, circular, bill, poster,
278      pamphlet, list, schedule, announcement, or notice to be used for
279      the purpose of promoting or facilitating gambling conducted in
280      any other state or nation, outside of this state, where such
281      gambling is not prohibited.
282              (4)     As used in this section, the term “illegal gambling”
283      means any criminal violation of chapter 546, 550, 551, or 849
284      that occurs at any business, establishment, premises, or other
285      location which operates for profit.
286              Section 9.         Section 849.49, Florida Statutes, is created to
287      read:
288              849.49        Preemption.— No county, municipality, or other
289      political subdivision of the state shall enact or enforce any
290      ordinance or local rule relating to gaming, gambling, lotteries,
291      or any activities described in s. 546.10 or ch. 849, except as
292      otherwise expressly provided by the state constitution or
293      general law.
294              Section 10.            Paragraph (i) of subsection (2) of section
295      903.046, Florida Statutes, is amended, and current paragraphs
296      (i) through (m) are redesignated as new paragraphs (j) through
297      (n), to read:
298              903.046        Purpose of and criteria for bail determination. —
299              (2)         When determining whether to release a defendant on
300      bail or other conditions, and what that bail or those conditions

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         PCS for HB 189                              ORIGINAL                                                 2024



301      may be, the court shall consider:
302              (i) The amount of currency seized that is connected to or
303      involved in a violation of chapter 546, 550, 551, or 849.
304              Section 11.             Paragraphs (a), (c), (e), and (g) of
305      subsection (3) of section 921.0022, Florida Statutes, are
306      amended to read:
307              921.0022           Criminal Punishment Code; offense severity
308      ranking chart.—
309              (3)         OFFENSE SEVERITY RANKING CHART
310              (a)         LEVEL 1
311
          Florida                         Felony
          Statute                         Degree                      Description
312
          24.118(3)(a)                       3rd     Counterfeit or altered state
                                                     lottery ticket.
313
          104.0616(2)                        3rd     Unlawfully distributing,
                                                     ordering, requesting,
                                                     collecting, delivering, or
                                                     possessing vote-by-mail
                                                     ballots.
314
          212.054(2)(b)                      3rd     Discretionary sales surtax;
                                                     limitations, administration,

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     and collection.
315
          212.15(2)(b)                     3rd       Failure to remit sales taxes,
                                                     amount $1,000 or more but less
                                                     than $20,000.
316
          316.1935(1)                      3rd       Fleeing or attempting to elude
                                                     law enforcement officer.
317
          319.30(5)                        3rd       Sell, exchange, give away
                                                     certificate of title or
                                                     identification number plate.
318
          319.35(1)(a)                     3rd       Tamper, adjust, change, etc.,
                                                     an odometer.
319
          320.26(1)(a)                     3rd       Counterfeit, manufacture, or
                                                     sell registration license
                                                     plates or validation stickers.
320
          322.212                          3rd       Possession of forged, stolen,
            (1)(a)-(c)                               counterfeit, or unlawfully
                                                     issued driver license;
                                                     possession of simulated
                                                     identification.

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         PCS for HB 189                             ORIGINAL                                                  2024



321
          322.212(4)                       3rd       Supply or aid in supplying
                                                     unauthorized driver license or
                                                     identification card.
322
          322.212(5)(a)                    3rd       False application for driver
                                                     license or identification card.
323
          414.39(3)(a)                     3rd       Fraudulent misappropriation of
                                                     public assistance funds by
                                                     employee/official, value more
                                                     than $200.
324
          443.071(1)                       3rd       False statement or
                                                     representation to obtain or
                                                     increase reemployment
                                                     assistance benefits.
325
          509.151(1)                       3rd       Defraud an innkeeper, food or
                                                     lodging value $1,000 or more.
326
          517.302(1)                       3rd       Violation of the Florida
                                                     Securities and Investor
                                                     Protection Act.
327

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         PCS for HB 189                             ORIGINAL                                                  2024



          713.69                           3rd       Tenant removes property upon
                                                     which lien has accrued, value
                                                     $1,000 or more.
328
          812.014(3)(c)                    3rd       Petit theft (3rd conviction);
                                                     theft of any property not
                                                     specified in subsection (2).
329
          815.04(4)(a)                     3rd       Offense against intellectual
                                                     property (i.e., computer
                                                     programs, data).
330
          817.52(2)                        3rd       Hiring with intent to defraud,
                                                     motor vehicle services.
331
          817.569(2)                       3rd       Use of public record or public
                                                     records information or
                                                     providing false information to
                                                     facilitate commission of a
                                                     felony.
332
          826.01                           3rd       Bigamy.
333
          828.122(3)                       3rd       Fighting or baiting animals.
334

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         PCS for HB 189                             ORIGINAL                                                  2024



          831.04(1)                        3rd       Any erasure, alteration, etc.,
                                                     of any replacement deed, map,
                                                     plat, or other document listed
                                                     in s. 92.28.
335
          831.31(1)(a)                     3rd       Sell, deliver, or possess
                                                     counterfeit controlled
                                                     substances, all but s.
                                                     893.03(5) drugs.
336
          832.041(1)                       3rd       Stopping payment with intent to
                                                     defraud $150 or more.
337
          832.05(2)(b) &                   3rd       Knowing, making, issuing
            (4)(c)                                   worthless checks $150 or more
                                                     or obtaining property in return
                                                     for worthless check $150 or
                                                     more.
338
          838.15(2)                        3rd       Commercial bribe receiving.
339
          838.16                           3rd       Commercial bribery.
340
          843.18                           3rd       Fleeing by boat to elude a law
                                                     enforcement officer.

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         PCS for HB 189                             ORIGINAL                                                  2024



341
          847.011(1)(a)                    3rd       Sell, distribute, etc.,
                                                     obscene, lewd, etc., material
                                                     (2nd conviction).
342
          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.
343
          849.23                           3rd       Gambling-related machines;
                                                     "common offender" as to
                                                     property rights.
344
          849.25(2)                        3rd       Engaging in bookmaking.
345
          860.08                           3rd       Interfere with a railroad
                                                     signal.
346
          860.13(1)(a)                     3rd       Operate aircraft while under
                                                     the influence.
347
          893.13(2)(a)2.                   3rd       Purchase of cannabis.
348

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         PCS for HB 189                             ORIGINAL                                                  2024



          893.13(6)(a)                      3rd      Possession of cannabis (more
                                                     than 20 grams).
349
          934.03(1)(a)                      3rd      Intercepts, or procures any
                                                     other person to intercept, any
                                                     wire or oral communication.
350
351              (c)         LEVEL 3
352
          Florida                       Felony
          Statute                       Degree                        Description
353
          119.10(2)(b)                      3rd      Unlawful use of confidential
                                                     information from police
                                                     reports.
354
          316.066                           3rd      Unlawfully obtaining or using
             (3)(b)-(d)                              confidential crash reports.
355
          316.193(2)(b)                     3rd      Felony DUI, 3rd conviction.
356
          316.1935(2)                       3rd      Fleeing or attempting to elude
                                                     law enforcement officer in
                                                     patrol vehicle with siren and
                                                     lights activated.

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         PCS for HB 189                             ORIGINAL                                                  2024



357
          319.30(4)                        3rd       Possession by junkyard of motor
                                                     vehicle with identification
                                                     number plate removed.
358
          319.33(1)(a)                     3rd       Alter or forge any certificate
                                                     of title to a motor vehicle or
                                                     mobile home.
359
          319.33(1)(c)                     3rd       Procure or pass title on stolen
                                                     vehicle.
360
          319.33(4)                        3rd       With intent to defraud,
                                                     possess, sell, etc., a blank,
                                                     forged, or unlawfully obtained
                                                     title or registration.
361
          327.35(2)(b)                     3rd       Felony BUI.
362
          328.05(2)                        3rd       Possess, sell, or counterfeit
                                                     fictitious, stolen, or
                                                     fraudulent titles or bills of
                                                     sale of vessels.
363
          328.07(4)                        3rd       Manufacture, exchange, or

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     possess vessel with counterfeit
                                                     or wrong ID number.
364
          376.302(5)                       3rd       Fraud related to reimbursement
                                                     for cleanup expenses under the
                                                     Inland Protection Trust Fund.
365
          379.2431                         3rd       Taking, disturbing, mutilating,
             (1)(e)5.                                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.
366
          379.2431                         3rd       Possessing any marine turtle
             (1)(e)6.                                species or hatchling, or parts
                                                     thereof, or the nest of any
                                                     marine turtle species described
                                                     in the Marine Turtle Protection
                                                     Act.
367
          379.2431                         3rd       Soliciting to commit or

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         PCS for HB 189                             ORIGINAL                                                  2024



             (1)(e)7.                                conspiring to commit a
                                                     violation of the Marine Turtle
                                                     Protection Act.
368
          400.9935(4)(a)                   3rd       Operating a clinic, or offering
             or (b)                                  services requiring licensure,
                                                     without a license.
369
          400.9935(4)(e)                   3rd       Filing a false license
                                                     application or other required
                                                     information or failing to
                                                     report information.
370
          440.1051(3)                      3rd       False report of workers'
                                                     compensation fraud or
                                                     retaliation for making such a
                                                     report.
371
          501.001(2)(b)                    2nd       Tampers with a consumer product
                                                     or the container using
                                                     materially false/misleading
                                                     information.
372
          624.401(4)(a)                    3rd       Transacting insurance without a
                                                     certificate of authority.

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         PCS for HB 189                             ORIGINAL                                                  2024



373
          624.401(4)(b)1.                  3rd       Transacting insurance without a
                                                     certificate of authority;
                                                     premium collected less than
                                                     $20,000.
374
          626.902(1)(a) &                  3rd       Representing an unauthorized
             (b)                                     insurer.
375
          697.08                           3rd       Equity skimming.
376
          790.15(3)                        3rd       Person directs another to
                                                     discharge firearm from a
                                                     vehicle.
377
          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.
378
          806.10(1)                        3rd       Maliciously injure, destroy, or
                                                     interfere with vehicles or
                                                     equipment used in firefighting.
379
          806.10(2)                        3rd       Interferes with or assaults

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     firefighter in performance of
                                                     duty.
380
          810.09(2)(c)                     3rd       Trespass on property other than
                                                     structure or conveyance armed
                                                     with firearm or dangerous
                                                     weapon.
381
          812.014(2)(c)2.                  3rd       Grand theft; $5,000 or more but
                                                     less than $10,000.
382
          812.0145(2)(c)                   3rd       Theft from person 65 years of
                                                     age or older; $300 or more but
                                                     less than $10,000.
383
          812.015(8)(b)                    3rd       Retail theft with intent to
                                                     sell; conspires with others.
384
          812.081(2)                       3rd       Theft of a trade secret.
385
          815.04(4)(b)                     2nd       Computer offense devised to
                                                     defraud or obtain property.
386
          817.034(4)(a)3.                  3rd       Engages in scheme to defraud
                                                     (Florida Communications Fraud

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     Act), property valued at less
                                                     than $20,000.
387
          817.233                          3rd       Burning to defraud insurer.
388
          817.234                          3rd       Unlawful solicitation of
             (8)(b) & (c)                            persons involved in motor
                                                     vehicle accidents.
389
          817.234(11)(a)                   3rd       Insurance fraud; property value
                                                     less than $20,000.
390
          817.236                          3rd       Filing a false motor vehicle
                                                     insurance application.
391
          817.2361                         3rd       Creating, marketing, or
                                                     presenting a false or
                                                     fraudulent motor vehicle
                                                     insurance card.
392
          817.413(2)                       3rd       Sale of used goods of $1,000 or
                                                     more as new.
393
          817.49(2)(b)1.                   3rd       Willful making of a false
                                                     report of a crime causing great

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     bodily harm, permanent
                                                     disfigurement, or permanent
                                                     disability.
394
          831.28(2)(a)                     3rd       Counterfeiting a payment
                                                     instrument with intent to
                                                     defraud or possessing a
                                                     counterfeit payment instrument
                                                     with intent to defraud.
395
          831.29                           2nd       Possession of instruments for
                                                     counterfeiting driver licenses
                                                     or identification cards.
396
          836.13(2)                        3rd       Person who promotes an altered
                                                     sexual depiction of an
                                                     identifiable person without
                                                     consent.
397
          838.021(3)(b)                    3rd       Threatens unlawful harm to
                                                     public servant.


          849.01                           3rd       Keeping a gambling house.


          849.09(1)(a)-(d)                 3rd       Lottery; set up, promote, etc.,

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        PCS for HB 189                            ORIGINAL                                                  2024



                                                   or assist therein, conduct or
                                                   advertise drawing for prizes,
                                                   or dispose of property or money
                                                   by means of lottery.


        849.09(1)(e),                    3rd       Conducting an unlawful lottery;
        (f), (g), (i),                             second or subsequent offense.
        or (k)


        849.09(1)(h) or                  3rd       Conducting an unlawful lottery;
        (j)                                        second or subsequent offense.


        849.15(3)(b)1. &                 3rd       Manufacture, sale, or
        2.                                         possession of slot machine; by
                                                   manager or with prior
                                                   conviction.


        849.157(1)                       3rd       False or misleading statement
                                                   to facilitate sale of slot
                                                   machines or devices.


        849.25(2)                        3rd       Engaging in bookmaking.


        849.47(2)(a) &                   3rd       Transporting persons to
        (b)                                        facilitate illegal gambling;

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     minor or person 65 years of age
                                                     or older or 12 or more persons.
398
          860.15(3)                        3rd       Overcharging for repairs and
                                                     parts.
399
          870.01(2)                        3rd       Riot.
400
          870.01(4)                        3rd       Inciting a riot.
401
          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).
402
          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.
403

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         PCS for HB 189                             ORIGINAL                                                  2024



          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.
404
          893.13(4)(c)                     3rd       Use or hire of minor; deliver
                                                     to minor other controlled
                                                     substances.
405
          893.13(6)(a)                     3rd       Possession of any controlled
                                                     substance other than felony
                                                     possession of cannabis.
406
          893.13(7)(a)8.                   3rd       Withhold information from
                                                     practitioner regarding previous
                                                     receipt of or prescription for
                                                     a controlled substance.
407
          893.13(7)(a)9.                   3rd       Obtain or attempt to obtain
                                                     controlled substance by fraud,
                                                     forgery, misrepresentation,
                                                     etc.

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         PCS for HB 189                             ORIGINAL                                                  2024



408
          893.13(7)(a)10.                  3rd       Affix false or forged label to
                                                     package of controlled
                                                     substance.
409
          893.13(7)(a)11.                  3rd       Furnish false or fraudulent
                                                     material information on any
                                                     document or record required by
                                                     chapter 893.
410
          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.
411
          893.13(8)(a)2.                   3rd       Employ a trick or scheme in the
                                                     practitioner's practice to
                                                     assist a patient, other person,
                                                     or owner of an animal in
                                                     obtaining a controlled
                                                     substance.

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         PCS for HB 189                             ORIGINAL                                                  2024



412
          893.13(8)(a)3.                   3rd       Knowingly write a prescription
                                                     for a controlled substance for
                                                     a fictitious person.
413
          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.
414
          918.13(1)                        3rd       Tampering with or fabricating
                                                     physical evidence.
415
          944.47                           3rd       Introduce contraband to
             (1)(a)1. & 2.                           correctional facility.
416
          944.47(1)(c)                     2nd       Possess contraband while upon
                                                     the grounds of a correctional
                                                     institution.
417
          985.721                          3rd       Escapes from a juvenile
                                                     facility (secure detention or

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     residential commitment
                                                     facility).
418
419              (e)         LEVEL 5
420
          Florida                       Felony
          Statute                       Degree                        Description
421
          316.027(2)(a)                     3rd      Accidents involving personal
                                                     injuries other than serious
                                                     bodily injury, failure to stop;
                                                     leaving scene.
422
          316.1935(4)(a)                    2nd      Aggravated fleeing or eluding.
423
          316.80(2)                         2nd      Unlawful conveyance of fuel;
                                                     obtaining fuel fraudulently.
424
          322.34(6)                         3rd      Careless operation of motor
                                                     vehicle with suspended license,
                                                     resulting in death or serious
                                                     bodily injury.
425
          327.30(5)                         3rd      Vessel accidents involving
                                                     personal injury; leaving scene.

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         PCS for HB 189                             ORIGINAL                                                  2024



426
          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.
427
          379.367(4)                       3rd       Willful molestation of a
                                                     commercial harvester's spiny
                                                     lobster trap, line, or buoy.
428
          379.407(5)(b)3.                  3rd       Possession of 100 or more

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     undersized spiny lobsters.
429
          381.0041(11)(b)                  3rd       Donate blood, plasma, or organs
                                                     knowing HIV positive.
430
          440.10(1)(g)                     2nd       Failure to obtain workers'
                                                     compensation coverage.
431
          440.105(5)                       2nd       Unlawful solicitation for the
                                                     purpose of making workers'
                                                     compensation claims.
432
          440.381(2)                       3rd       Submission of false,
                                                     misleading, or incomplete
                                                     information with the purpose of
                                                     avoiding or reducing workers'
                                                     compensation premiums.
433
          624.401(4)(b)2.                  2nd       Transacting insurance without a
                                                     certificate or authority;
                                                     premium collected $20,000 or
                                                     more but less than $100,000.
434
          626.902(1)(c)                    2nd       Representing an unauthorized
                                                     insurer; repeat offender.

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         PCS for HB 189                             ORIGINAL                                                  2024



435
          790.01(3)                        3rd       Unlawful carrying of a
                                                     concealed firearm.
436
          790.162                          2nd       Threat to throw or discharge
                                                     destructive device.
437
          790.163(1)                       2nd       False report of bomb,
                                                     explosive, weapon of mass
                                                     destruction, or use of firearms
                                                     in violent manner.
438
          790.221(1)                       2nd       Possession of short-barreled
                                                     shotgun or machine gun.
439
          790.23                           2nd       Felons in possession of
                                                     firearms, ammunition, or
                                                     electronic weapons or devices.
440
          796.05(1)                        2nd       Live on earnings of a
                                                     prostitute; 1st offense.
441
          800.04(6)(c)                     3rd       Lewd or lascivious conduct;
                                                     offender less than 18 years of
                                                     age.

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         PCS for HB 189                             ORIGINAL                                                  2024



442
          800.04(7)(b)                     2nd       Lewd or lascivious exhibition;
                                                     offender 18 years of age or
                                                     older.
443
          806.111(1)                       3rd       Possess, manufacture, or
                                                     dispense fire bomb with intent
                                                     to damage any structure or
                                                     property.
444
          812.0145(2)(b)                   2nd       Theft from person 65 years of
                                                     age or older; $10,000 or more
                                                     but less than $50,000.
445
          812.015                          3rd       Retail theft; property stolen
             (8)(a) & (c)-                           is valued at $750 or more and
          (e)                                        one or more specified acts.
446
          812.015(8)(f)                    3rd       Retail theft; multiple thefts
                                                     within specified period.
447
          812.019(1)                       2nd       Stolen property; dealing in or
                                                     trafficking in.
448
          812.081(3)                       2nd       Trafficking in trade secrets.

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         PCS for HB 189                             ORIGINAL                                                  2024



449
          812.131(2)(b)                    3rd       Robbery by sudden snatching.
450
          812.16(2)                        3rd       Owning, operating, or
                                                     conducting a chop shop.
451
          817.034(4)(a)2.                  2nd       Communications fraud, value
                                                     $20,000 to $50,000.
452
          817.234(11)(b)                   2nd       Insurance fraud; property value
                                                     $20,000 or more but less than
                                                     $100,000.
453
          817.2341(1),                     3rd       Filing false financial
             (2)(a) &                                statements, making false
          (3)(a)                                     entries of material fact or
                                                     false statements regarding
                                                     property values relating to the
                                                     solvency of an insuring entity.
454
          817.568(2)(b)                    2nd       Fraudulent use of personal
                                                     identification information;
                                                     value of benefit, services
                                                     received, payment avoided, or
                                                     amount of injury or fraud,

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     $5,000 or more or use of
                                                     personal identification
                                                     information of 10 or more
                                                     persons.
455
          817.611(2)(a)                    2nd       Traffic in or possess 5 to 14
                                                     counterfeit credit cards or
                                                     related documents.
456
          817.625(2)(b)                    2nd       Second or subsequent fraudulent
                                                     use of scanning device,
                                                     skimming device, or reencoder.
457
          825.1025(4)                      3rd       Lewd or lascivious exhibition
                                                     in the presence of an elderly
                                                     person or disabled adult.
458
          827.071(4)                       2nd       Possess with intent to promote
                                                     any photographic material,
                                                     motion picture, etc., which
                                                     includes child pornography.
459
          827.071(5)                       3rd       Possess, control, or
                                                     intentionally view any
                                                     photographic material, motion

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                                                     picture, etc., which includes
                                                     child pornography.
460
          828.12(2)                        3rd       Tortures any animal with intent
                                                     to inflict intense pain,
                                                     serious physical injury, or
                                                     death.
461
          836.14(4)                        2nd       Person who willfully promotes
                                                     for financial gain a sexually
                                                     explicit image of an
                                                     identifiable person without
                                                     consent.
462
          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.
463
          843.01(1)                        3rd       Resist officer with violence to
                                                     person; resist arrest with
                                                     violence.
464
          847.0135(5)(b)                   2nd       Lewd or lascivious exhibition

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     using computer; offender 18
                                                     years or older.
465
          847.0137                         3rd       Transmission of pornography by
               (2) & (3)                             electronic device or equipment.
466
          847.0138                         3rd       Transmission of material
               (2) & (3)                             harmful to minors to a minor by
                                                     electronic device or equipment.


          849.15(3)(c)1. &                 2nd       Manufacture, sale, or
          2.                                         possession of a slot machine;
                                                     by a manager of five or more
                                                     machines or two or more prior
                                                     convictions.


          849.157(2)                       2nd       False or misleading statement
                                                     to facilitate sale of slot
                                                     machines or devices; five or
                                                     more machines.


          849.25(3)                        2nd       Bookmaking; second or
                                                     subsequent offense.
467
          874.05(1)(b)                     2nd       Encouraging or recruiting

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     another to join a criminal
                                                     gang; second or subsequent
                                                     offense.
468
          874.05(2)(a)                     2nd       Encouraging or recruiting
                                                     person under 13 years of age to
                                                     join a criminal gang.
469
          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).
470
          893.13(1)(c)2.                   2nd       Sell, manufacture, or deliver
                                                     cannabis (or other s.
                                                     893.03(1)(c), (2)(c)1.,
                                                     (2)(c)2., (2)(c)3., (2)(c)6.,
                                                     (2)(c)7., (2)(c)8., (2)(c)9.,
                                                     (2)(c)10., (3), or (4) drugs)
                                                     within 1,000 feet of a child
                                                     care facility, school, or
                                                     state, county, or municipal
                                                     park or publicly owned
                                                     recreational facility or

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     community center.
471
          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.
472
          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.
473
          893.13(1)(f)1.                   1st       Sell, manufacture, or deliver
                                                     cocaine (or other s.
                                                     893.03(1)(a), (1)(b), (1)(d),
                                                     or (2)(a), (2)(b), or (2)(c)5.
                                                     drugs) within 1,000 feet of

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                                                     public housing facility.
474
          893.13(4)(b)                     2nd       Use or hire of minor; deliver
                                                     to minor other controlled
                                                     substance.
475
          893.1351(1)                      3rd       Ownership, lease, or rental for
                                                     trafficking in or manufacturing
                                                     of controlled substance.
476
477      (g)     LEVEL 7
478
          Florida                       Felony
          Statute                       Degree                        Description
479
          316.027(2)(c)                    1st       Accident involving death,
                                                     failure to stop; leaving scene.
480
          316.193(3)(c)2.                  3rd       DUI resulting in serious bodily
                                                     injury.
481
          316.1935(3)(b)                   1st       Causing serious bodily injury
                                                     or death to another person;
                                                     driving at high speed or with
                                                     wanton disregard for safety

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     while fleeing or attempting to
                                                     elude law enforcement officer
                                                     who is in a patrol vehicle with
                                                     siren and lights activated.
482
          327.35(3)(c)2.                   3rd       Vessel BUI resulting in serious
                                                     bodily injury.
483
          402.319(2)                       2nd       Misrepresentation and
                                                     negligence or intentional act
                                                     resulting in great bodily harm,
                                                     permanent disfiguration,
                                                     permanent disability, or death.
484
          409.920                          3rd       Medicaid provider fraud;
             (2)(b)1.a.                              $10,000 or less.
485
          409.920                          2nd       Medicaid provider fraud; more
             (2)(b)1.b.                              than $10,000, but less than
                                                     $50,000.
486
          456.065(2)                       3rd       Practicing a health care
                                                     profession without a license.
487
          456.065(2)                       2nd       Practicing a health care

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     profession without a license
                                                     which results in serious bodily
                                                     injury.
488
          458.327(1)                       3rd       Practicing medicine without a
                                                     license.
489
          459.013(1)                       3rd       Practicing osteopathic medicine
                                                     without a license.
490
          460.411(1)                       3rd       Practicing chiropractic
                                                     medicine without a license.
491
          461.012(1)                       3rd       Practicing podiatric medicine
                                                     without a license.
492
          462.17                           3rd       Practicing naturopathy without
                                                     a license.
493
          463.015(1)                       3rd       Practicing optometry without a
                                                     license.
494
          464.016(1)                       3rd       Practicing nursing without a
                                                     license.
495

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         PCS for HB 189                             ORIGINAL                                                  2024



          465.015(2)                       3rd       Practicing pharmacy without a
                                                     license.
496
          466.026(1)                       3rd       Practicing dentistry or dental
                                                     hygiene without a license.
497
          467.201                          3rd       Practicing midwifery without a
                                                     license.
498
          468.366                          3rd       Delivering respiratory care
                                                     services without a license.
499
          483.828(1)                       3rd       Practicing as clinical
                                                     laboratory personnel without a
                                                     license.
500
          483.901(7)                       3rd       Practicing medical physics
                                                     without a license.
501
          484.013(1)(c)                    3rd       Preparing or dispensing optical
                                                     devices without a prescription.
502
          484.053                          3rd       Dispensing hearing aids without
                                                     a license.
503

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         PCS for HB 189                             ORIGINAL                                                  2024



          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.
504
          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.
505
          560.125(5)(a)                    3rd       Money services business by
                                                     unauthorized person, currency
                                                     or payment instruments
                                                     exceeding $300 but less than
                                                     $20,000.
506
          655.50(10)(b)1.                  3rd       Failure to report financial
                                                     transactions exceeding $300 but
                                                     less than $20,000 by financial
                                                     institution.
507
          775.21(10)(a)                    3rd       Sexual predator; failure to
                                                     register; failure to renew

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     driver license or
                                                     identification card; other
                                                     registration violations.
508
          775.21(10)(b)                    3rd       Sexual predator working where
                                                     children regularly congregate.
509
          775.21(10)(g)                    3rd       Failure to report or providing
                                                     false information about a
                                                     sexual predator; harbor or
                                                     conceal a sexual predator.
510
          782.051(3)                       2nd       Attempted felony murder of a
                                                     person by a person other than
                                                     the perpetrator or the
                                                     perpetrator of an attempted
                                                     felony.
511
          782.07(1)                        2nd       Killing of a human being by the
                                                     act, procurement, or culpable
                                                     negligence of another
                                                     (manslaughter).
512
          782.071                          2nd       Killing of a human being or
                                                     unborn child by the operation

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     of a motor vehicle in a
                                                     reckless manner (vehicular
                                                     homicide).
513
          782.072                          2nd       Killing of a human being by the
                                                     operation of a vessel in a
                                                     reckless manner (vessel
                                                     homicide).
514
          784.045(1)(a)1.                  2nd       Aggravated battery;
                                                     intentionally causing great
                                                     bodily harm or disfigurement.
515
          784.045(1)(a)2.                  2nd       Aggravated battery; using
                                                     deadly weapon.
516
          784.045(1)(b)                    2nd       Aggravated battery; perpetrator
                                                     aware victim pregnant.
517
          784.048(4)                       3rd       Aggravated stalking; violation
                                                     of injunction or court order.
518
          784.048(7)                       3rd       Aggravated stalking; violation
                                                     of court order.
519

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         PCS for HB 189                             ORIGINAL                                                  2024



          784.07(2)(d)                     1st       Aggravated battery on law
                                                     enforcement officer.
520
          784.074(1)(a)                    1st       Aggravated battery on sexually
                                                     violent predators facility
                                                     staff.
521
          784.08(2)(a)                     1st       Aggravated battery on a person
                                                     65 years of age or older.
522
          784.081(1)                       1st       Aggravated battery on specified
                                                     official or employee.
523
          784.082(1)                       1st       Aggravated battery by detained
                                                     person on visitor or other
                                                     detainee.
524
          784.083(1)                       1st       Aggravated battery on code
                                                     inspector.
525
          787.06(3)(a)2.                   1st       Human trafficking using
                                                     coercion for labor and services
                                                     of an adult.
526
          787.06(3)(e)2.                   1st       Human trafficking using

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     coercion for labor and services
                                                     by the transfer or transport of
                                                     an adult from outside Florida
                                                     to within the state.
527
          790.07(4)                        1st       Specified weapons violation
                                                     subsequent to previous
                                                     conviction of s. 790.07(1) or
                                                     (2).
528
          790.16(1)                        1st       Discharge of a machine gun
                                                     under specified circumstances.
529
          790.165(2)                       2nd       Manufacture, sell, possess, or
                                                     deliver hoax bomb.
530
          790.165(3)                       2nd       Possessing, displaying, or
                                                     threatening to use any hoax
                                                     bomb while committing or
                                                     attempting to commit a felony.
531
          790.166(3)                       2nd       Possessing, selling, using, or
                                                     attempting to use a hoax weapon
                                                     of mass destruction.
532

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         PCS for HB 189                             ORIGINAL                                                  2024



          790.166(4)                       2nd       Possessing, displaying, or
                                                     threatening to use a hoax
                                                     weapon of mass destruction
                                                     while committing or attempting
                                                     to commit a felony.
533
          790.23                       1st,PBL       Possession of a firearm by a
                                                     person who qualifies for the
                                                     penalty enhancements provided
                                                     for in s. 874.04.
534
          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.
535
          796.05(1)                        1st       Live on earnings of a
                                                     prostitute; 2nd offense.
536
          796.05(1)                        1st       Live on earnings of a
                                                     prostitute; 3rd and subsequent
                                                     offense.
537
          800.04(5)(c)1.                   2nd       Lewd or lascivious molestation;

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     victim younger than 12 years of
                                                     age; offender younger than 18
                                                     years of age.
538
          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.
539
          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.
540
          806.01(2)                        2nd       Maliciously damage structure by
                                                     fire or explosive.
541
          810.02(3)(a)                     2nd       Burglary of occupied dwelling;
                                                     unarmed; no assault or battery.
542
          810.02(3)(b)                     2nd       Burglary of unoccupied
                                                     dwelling; unarmed; no assault

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     or battery.
543
          810.02(3)(d)                     2nd       Burglary of occupied
                                                     conveyance; unarmed; no assault
                                                     or battery.
544
          810.02(3)(e)                     2nd       Burglary of authorized
                                                     emergency vehicle.
545
          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.
546
          812.014(2)(b)2.                  2nd       Property stolen, cargo valued
                                                     at less than $50,000, grand
                                                     theft in 2nd degree.
547
          812.014(2)(b)3.                  2nd       Property stolen, emergency
                                                     medical equipment; 2nd degree
                                                     grand theft.
548

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         PCS for HB 189                             ORIGINAL                                                  2024



          812.014(2)(b)4.                  2nd       Property stolen, law
                                                     enforcement equipment from
                                                     authorized emergency vehicle.
549
          812.014(2)(f)                    2nd       Grand theft; second degree;
                                                     firearm with previous
                                                     conviction of s.
                                                     812.014(2)(c)5.
550
          812.0145(2)(a)                   1st       Theft from person 65 years of
                                                     age or older; $50,000 or more.
551
          812.019(2)                       1st       Stolen property; initiates,
                                                     organizes, plans, etc., the
                                                     theft of property and traffics
                                                     in stolen property.
552
          812.131(2)(a)                    2nd       Robbery by sudden snatching.
553
          812.133(2)(b)                    1st       Carjacking; no firearm, deadly
                                                     weapon, or other weapon.
554
          817.034(4)(a)1.                  1st       Communications fraud, value
                                                     greater than $50,000.
555

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         PCS for HB 189                             ORIGINAL                                                  2024



          817.234(8)(a)                    2nd       Solicitation of motor vehicle
                                                     accident victims with intent to
                                                     defraud.
556
          817.234(9)                       2nd       Organizing, planning, or
                                                     participating in an intentional
                                                     motor vehicle collision.
557
          817.234(11)(c)                   1st       Insurance fraud; property value
                                                     $100,000 or more.
558
          817.2341                         1st       Making false entries of
             (2)(b) &                                material fact or false
          (3)(b)                                     statements regarding property
                                                     values relating to the solvency
                                                     of an insuring entity which are
                                                     a significant cause of the
                                                     insolvency of that entity.
559
          817.418(2)(a)                    3rd       Offering for sale or
                                                     advertising personal protective
                                                     equipment with intent to
                                                     defraud.
560
          817.504(1)(a)                    3rd       Offering or advertising a

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     vaccine with intent to defraud.
561
          817.535(2)(a)                    3rd       Filing false lien or other
                                                     unauthorized document.
562
          817.611(2)(b)                    2nd       Traffic in or possess 15 to 49
                                                     counterfeit credit cards or
                                                     related documents.
563
          825.102(3)(b)                    2nd       Neglecting an elderly person or
                                                     disabled adult causing great
                                                     bodily harm, disability, or
                                                     disfigurement.
564
          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.
565
          827.03(2)(b)                     2nd       Neglect of a child causing
                                                     great bodily harm, disability,
                                                     or disfigurement.
566
          827.04(3)                        3rd       Impregnation of a child under
                                                     16 years of age by person 21

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     years of age or older.
567
          837.05(2)                        3rd       Giving false information about
                                                     alleged capital felony to a law
                                                     enforcement officer.
568
          838.015                          2nd       Bribery.
569
          838.016                          2nd       Unlawful compensation or reward
                                                     for official behavior.
570
          838.021(3)(a)                    2nd       Unlawful harm to a public
                                                     servant.
571
          838.22                           2nd       Bid tampering.
572
          843.0855(2)                      3rd       Impersonation of a public
                                                     officer or employee.
573
          843.0855(3)                      3rd       Unlawful simulation of legal
                                                     process.
574
          843.0855(4)                      3rd       Intimidation of a public
                                                     officer or employee.
575

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         PCS for HB 189                             ORIGINAL                                                  2024



          847.0135(3)                      3rd       Solicitation of a child, via a
                                                     computer service, to commit an
                                                     unlawful sex act.
576
          847.0135(4)                      2nd       Traveling to meet a minor to
                                                     commit an unlawful sex act.


          849.155                          1st       Trafficking in slot machines or
                                                     devices or any part thereof.
577
          872.06                           2nd       Abuse of a dead human body.
578
          874.05(2)(b)                     1st       Encouraging or recruiting
                                                     person under 13 to join a
                                                     criminal gang; second or
                                                     subsequent offense.
579
          874.10                       1st,PBL       Knowingly initiates, organizes,
                                                     plans, finances, directs,
                                                     manages, or supervises criminal
                                                     gang-related activity.
580
          893.13(1)(c)1.                   1st       Sell, manufacture, or deliver
                                                     cocaine (or other drug
                                                     prohibited under s.

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     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.
581
          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.
582
          893.13(4)(a)                     1st       Use or hire of minor; deliver
                                                     to minor other controlled
                                                     substance.
583
          893.135(1)(a)1.                  1st       Trafficking in cannabis, more
                                                     than 25 lbs., less than 2,000
                                                     lbs.

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         PCS for HB 189                             ORIGINAL                                                  2024



584
          893.135                          1st       Trafficking in cocaine, more
             (1)(b)1.a.                              than 28 grams, less than 200
                                                     grams.
585
          893.135                          1st       Trafficking in illegal drugs,
             (1)(c)1.a.                              more than 4 grams, less than 14
                                                     grams.
586
          893.135                          1st       Trafficking in hydrocodone, 28
             (1)(c)2.a.                              grams or more, less than 50
                                                     grams.
587
          893.135                          1st       Trafficking in hydrocodone, 50
             (1)(c)2.b.                              grams or more, less than 100
                                                     grams.
588
          893.135                          1st       Trafficking in oxycodone, 7
             (1)(c)3.a.                              grams or more, less than 14
                                                     grams.
589
          893.135                          1st       Trafficking in oxycodone, 14
             (1)(c)3.b.                              grams or more, less than 25
                                                     grams.
590

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         PCS for HB 189                             ORIGINAL                                                  2024



          893.135                          1st       Trafficking in fentanyl, 4
             (1)(c)4.b.(I)                           grams or more, less than 14
                                                     grams.
591
          893.135                          1st       Trafficking in phencyclidine,
             (1)(d)1.a.                              28 grams or more, less than 200
                                                     grams.
592
          893.135(1)(e)1.                  1st       Trafficking in methaqualone,
                                                     200 grams or more, less than 5
                                                     kilograms.
593
          893.135(1)(f)1.                  1st       Trafficking in amphetamine, 14
                                                     grams or more, less than 28
                                                     grams.
594
          893.135                          1st       Trafficking in flunitrazepam, 4
             (1)(g)1.a.                              grams or more, less than 14
                                                     grams.
595
          893.135                          1st       Trafficking in gamma-
             (1)(h)1.a.                              hydroxybutyric acid (GHB), 1
                                                     kilogram or more, less than 5
                                                     kilograms.
596

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         PCS for HB 189                             ORIGINAL                                                  2024



          893.135                          1st       Trafficking in 1,4-Butanediol,
             (1)(j)1.a.                              1 kilogram or more, less than 5
                                                     kilograms.
597
          893.135                          1st       Trafficking in Phenethylamines,
             (1)(k)2.a.                              10 grams or more, less than 200
                                                     grams.
598
          893.135                          1st       Trafficking in synthetic
             (1)(m)2.a.                              cannabinoids, 280 grams or
                                                     more, less than 500 grams.
599
          893.135                          1st       Trafficking in synthetic
             (1)(m)2.b.                              cannabinoids, 500 grams or
                                                     more, less than 1,000 grams.
600
          893.135                          1st       Trafficking in n-benzyl
             (1)(n)2.a.                              phenethylamines, 14 grams or
                                                     more, less than 100 grams.
601
          893.1351(2)                      2nd       Possession of place for
                                                     trafficking in or manufacturing
                                                     of controlled substance.
602
          896.101(5)(a)                    3rd       Money laundering, financial

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     transactions exceeding $300 but
                                                     less than $20,000.
603
          896.104(4)(a)1.                  3rd       Structuring transactions to
                                                     evade reporting or registration
                                                     requirements, financial
                                                     transactions exceeding $300 but
                                                     less than $20,000.
604
          943.0435(4)(c)                   2nd       Sexual offender vacating
                                                     permanent residence; failure to
                                                     comply with reporting
                                                     requirements.
605
          943.0435(8)                      2nd       Sexual offender; remains in
                                                     state after indicating intent
                                                     to leave; failure to comply
                                                     with reporting requirements.
606
          943.0435(9)(a)                   3rd       Sexual offender; failure to
                                                     comply with reporting
                                                     requirements.
607
          943.0435(13)                     3rd       Failure to report or providing
                                                     false information about a

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     sexual offender; harbor or
                                                     conceal a sexual offender.
608
          943.0435(14)                     3rd       Sexual offender; failure to
                                                     report and reregister; failure
                                                     to respond to address
                                                     verification; providing false
                                                     registration information.
609
          944.607(9)                       3rd       Sexual offender; failure to
                                                     comply with reporting
                                                     requirements.
610
          944.607(10)(a)                   3rd       Sexual offender; failure to
                                                     submit to the taking of a
                                                     digitized photograph.
611
          944.607(12)                      3rd       Failure to report or providing
                                                     false information about a
                                                     sexual offender; harbor or
                                                     conceal a sexual offender.
612
          944.607(13)                      3rd       Sexual offender; failure to
                                                     report and reregister; failure
                                                     to respond to address

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         PCS for HB 189                             ORIGINAL                                                  2024



                                                     verification; providing false
                                                     registration information.
613
          985.4815(10)                     3rd       Sexual offender; failure to
                                                     submit to the taking of a
                                                     digitized photograph.
614
          985.4815(12)                     3rd       Failure to report or providing
                                                     false information about a
                                                     sexual offender; harbor or
                                                     conceal a sexual offender.
615
          985.4815(13)                     3rd       Sexual offender; failure to
                                                     report and reregister; failure
                                                     to respond to address
                                                     verification; providing false
                                                     registration information.
616
617              Section 12.           This act shall take effect July 1, 2024.




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