Industries & Professional Activities Subcommittee, Tuesday, April 1, 2025
Summary
Meeting packet of the Industries & Professional Activities Subcommittee of the Florida House of Representatives Commerce Committee for Tuesday, April 1, 2025, 9:00 AM to 12:00 PM. The agenda lists CS/HB 785 (Heated Tobacco Products), HB 955 (Employment Eligibility), HB 1225 (Employment of Minors), HB 1467 (Gambling), HB 4039 (Broward County), and proposed committee substitutes for CS/HB 577 and HB 1489 (Kratom Products). The bill analysis for CS/HB 785 states that the bill excludes heated tobacco products from the taxes on cigarettes and other tobacco products under ch. 210, F.S. The packet closes with the text of PCS for HB 1489, whose Section 9 provides an effective date of January 1, 2026.
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Industries & Professional Activities
Subcommittee
Tuesday, April 1, 2025
9:00 AM – 12:00 PM
Webster Hall (212 Knott)
Daniel Perez Mike Giallombardo
Speaker Chair
The Florida House of Representatives
Commerce Committee
Industries & Professional Activities Subcommittee
Daniel Perez Mike Giallombardo
Speaker Chair
Meeting Agenda
Tuesday, April 1, 2025
9:00am – 12:00pm
Webster Hall (212 Knott)
I. Call to Order
II. Roll Call
III. Welcome and Opening Remarks
IV. Consideration of the following bill(s):
• CS/HB 785 Heated Tobacco Products by Ways & Means Committee, Tramont
• HB 955 Employment Eligibility by Jacques
• HB 1225 Employment of Minors by Miller
• HB 1467 Gambling by Snyder
• HB 4039 Broward County by LaMarca
V. Consideration of the following proposed committee substitute(s):
• PCS for CS/HB 577 -- Removal, Storage, and Cleanup of Electric Vehicles
• PCS for HB 1489 -- Kratom Products
VI. Closing Remarks
VII. Adjournment
214 House Office Building, 402 South Monroe Street, Tallahassee, Fl 32399-1300
(850) 717-4870
CS/HB 785
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 785 COMPANION BILL: CS/SB 1418 (DiCeglie)
TITLE: Heated Tobacco Products LINKED BILLS: None
SPONSOR(S): Tramont RELATED BILLS: None
Committee References
Ways & Means Industries & Professional Commerce
17 Y, 1 N, As CS Activities
SUMMARY
Effect of the Bill:
HB 785 excludes heated tobacco products (HTPs) from the taxes on cigarettes and other tobacco products under
ch. 210, F.S., by updating several definitions. Regulatory provisions for these products are not changed by the bill.
Fiscal or Economic Impact:
The Revenue Estimating Conference estimated the impact of the bill as amended based on a declaratory statement
from the Department of Business and Professional Regulation on March 12, 2025, stating that under current law,
IQOS would not be subject to the Cigarette or Other Tobacco Product tax and surcharge. The REC determined there
would be no impact from the bill because such products would already be excluded from the tax.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill excludes heated tobacco products from the taxes on tobacco products in ch. 210, F.S.
The bill accomplishes this by updating definitions for “heated tobacco product” (Section 4), “cigarette” (Section 1),
and “tobacco product” (Sections 2, 5), to exclude heated tobacco products from taxation as cigarettes under part I
of ch. 210, F.S. (Section 1) or as tobacco products under part II of ch. 210, F.S. (Sections 3, 4).
The definitional changes still require compliance with the delivery requirements in s. 210.095, F.S., for heated
tobacco products (Section 2).
The bill renames part II of ch. 210, F.S., from “Tax on Tobacco Products other than Cigarettes or Cigars,” to “Tax on
Tobacco Products other than Cigarettes, Heated Tobacco Products, or Cigars” (Section 3), and makes other
conforming changes (Sections 6-7).
The bill takes effect on July 1, 2025 (Section 8).
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The Revenue Estimating Conference met on March 28, 2025 and estimated the impact of the bill as amended based
on a declaratory statement from the Department of Business and Professional Regulation on March 12, 2025,
stating that under current law, IQOS would not be subject to the Cigarette or Other Tobacco Product tax and
surcharge. The REC determined there would be no impact from the bill because such products would already be
excluded from such tax.
STORAGE NAME: h0785c.IPA
DATE: 3/30/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Heated Tobacco Products
Heated tobacco products (HTPs), also known as heat-not-burn products, generate an aerosol containing nicotine
by heating a tobacco-filled paper stick. The sticks are placed into a device which heats the tobacco electronically
which produces a nicotine containing aerosol inhaled by the user. The heating element does not produce enough
heat to burn the tobacco.1 These products do not produce smoke because the tobacco is not burned or ignited.2
The HTP IQOS, developed by Philip Morris International (PMI), is the only HTP that has received authorization by
the Federal Drug Administration. In 2021, a patent dispute led to an import ban on IQOS devices in the U.S., halting
their sales. In February 2024, PMI and British American Tobacco settled the patent litigations related to heated
tobacco products allowing for its reintroduction to the U.S. market.3
Taxation of Tobacco Products
Taxes are imposed on the sale of cigarettes and other tobacco products in Florida. The tax is paid by the wholesale
dealer at the time of first sale within the state. For cigarettes of common size, the excise tax rate is $0.339 per pack,
with rates varying proportionately for cigarettes and packs of non-standard size.4 Additionally, a $1.00 surcharge
per pack of common size cigarettes is imposed, with rates varying proportionately for cigarettes and packs of non-
standard size.5 For other tobacco products, the tax rate is 25 percent of the wholesale price,6 with an additional
surcharge of 60 percent of the wholesale price.7 The taxation of tobacco is administered pursuant to chapter 210,
F.S.
Section 210.01(1), F.S., defines the term “cigarette” to mean, for purposes of taxation:
“[A]ny roll for smoking, except one of which the tobacco is fully naturally fermented, without
regard to the kind of tobacco or other substances used in the inner roll or the nature or
composition of the material in which the roll is wrapped, which is made wholly or in part of
tobacco irrespective of size or shape and whether such tobacco is flavored, adulterated or
mixed with any other ingredient.”
In s. 210.25(12), F.S., the term “tobacco product” is defined for purposes of the taxation of tobacco products other
than cigarettes or cigars. It is also used for the licensing of tobacco product manufacturers, importers, exporters,
distributing agents, or wholesale dealers under part II of ch. 210, F.S. In this context, the term “tobacco products”
means:
“[L]oose tobacco suitable for smoking; snuff; snuff flour; cavendish; plug and twist tobacco;
fine cuts and other chewing tobaccos; shorts; refuse scraps; clippings, cuttings, and
sweepings of tobacco, and other kinds and forms of tobacco prepared in such manner as to be
suitable for chewing; but ‘tobacco products’ does not include cigarettes, as defined by s.
210.01(1), or cigars.”
1 Introduction to Heated Tobacco Products
2 Campaign for Tobacco Free Kids, Heated Tobacco Products, Definition and Global Market, available at:
https://assets.tobaccofreekids.org/global/pdfs/en/HTP_definition_en.pdf (last visited Jan. 20, 2024).
3Philip Morris asks U.S. appeals court to overturn import ban on IQOS tobacco devices at:
https://www.reuters.com/legal/litigation/philip-morris-asks-us-appeals-court-overturn-import-ban-iqos-tobacco-devices-
2022-10-03/?utm_ (last visited March 8, 2025)
4 Section 210.02, F.S.
5 Section 210.011, F.S.
6 Section 210.30, F.S.
7 Section 210.276, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Regulation of Tobacco Products
The definition of “tobacco products” in s. 569.002(6), F.S., is limited to the regulation of tobacco products by the
Department of Business and Professional Regulation (DBPR) under ch. 569, F.S.
Dealer Permits
Section 569.003, F.S., requires a retail tobacco products dealer to acquire a permit from the division for each place
of business where tobacco products are sold, including sales made through a vending machine.
Section 210.15, F.S., also requires a permit for every person, firm, or corporation desiring to engage in business as a
manufacturer, importer, exporter, distributing agent, or wholesale dealer of cigarettes within Florida. To qualify
for a permit, a person must be of good moral character and not less than 21 years of age to qualify. In addition,
permits to corporations may be issued only to corporations whose officers are of good moral character and not less
than 21 years of age.8
Delivery Requirements for Mail Order, Internet, Other Remote Sales of Tobacco Products
Section 210.095(5), F.S., provides requirements for the delivery of mail order, Internet, and other remote sales of
tobacco products, including age verification requirements. All such deliveries are defined as “delivery sales.”9
Specific notice and shipping requirements are provided for all delivery sales, whether in-state or out-of-state. Each
person who mails, ships, or otherwise delivers tobacco products in connection with an order for a delivery sale is
required to:
Include, as part of the shipping documents, in a clear and conspicuous manner, the following statement:
“Tobacco Products: Florida law prohibits shipping to individuals who are not 21 years of age or older and
requires the payment of all applicable taxes.”
Use a method of mailing, shipping, or delivery which obligates the delivery service to:
o Require the signature of an adult who resides at the delivery address.
o Require proof that the individual accepting delivery is either the addressee or the adult designated
by the addressee.
o Provide to the delivery service, if such service is used, evidence of full compliance with
requirements for the collection and remittance of all taxes imposed on tobacco products by this
state with respect to the delivery sale.10
DBPR Declaratory Statement
On March 12, 2025, DBPR issued a declaratory statement regarding PMI’s IQOS electronic heating device. DBPR
found that IQOS is not a tobacco product as defined in s. 210.25(12), F.S. because it is not “loose tobacco suitable
for smoking.” Heatsticks within the device do not consist of discernable tobacco leaves and do not leave behind
individual pieces of tobacco once consumed. Additionally, IQOS does not create any visible smoke, fumes, or
gaseous product that would commonly be considered “smoke” or a byproduct of “smoking.” Therefore, DBPR
determined PMI’s product is not subject to a surcharge and taxation as a tobacco product under sections 210.276
and 210.30, F.S.
DBPR also determined that IQOS does not constitute a “cigarette” as defined in s. 210.185, F.S because the device
does not involve the burning of tobacco. Because IQOS is not a cigarette, it is not subject to a surcharge and
taxation under sections 210.011 and 210.02, F.S.
8 Section 210.15(2)(b), F.S.
9 Section 210.095(1)(b), F.S.
10 Section 210.095(5), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
OTHER RESOURCES:
CDC
Introduction to Heated Tobacco Products
DBPR Declaratory Statement
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Ways & Means Committee 17 Y, 1 N, As CS 3/13/2025 Aldridge Hallaian
THE CHANGES ADOPTED BY THE Revised the definition of “heated tobacco products” to exclude hookah tobacco
COMMITTEE: products.
Industries & Professional Activities Anstead Garcia
Subcommittee
Commerce Committee
-------------------------------------------------------------------------------------------------------------------------------------
THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
-------------------------------------------------------------------------------------------------------------------------------------
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 785 2025
1 A bill to be entitled
2 An act relating to heated tobacco products; amending
3 s. 210.01, F.S.; revising the definition of the term
4 "cigarette"; amending s. 210.095, F.S.; revising the
5 definition of the term "tobacco products"; renaming
6 part II of ch. 210, F.S.; amending s. 210.25, F.S.;
7 defining the term "heated tobacco product"; conforming
8 a provision to changes made by the act; amending s.
9 569.002, F.S.; revising the definition of the term
10 "tobacco products"; amending s. 951.22, F.S.;
11 conforming a cross-reference; reenacting s. 569.31(5),
12 F.S., relating to definitions, to incorporate the
13 amendment made to s. 569.002, F.S., in a reference
14 thereto; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (1) of section 210.01, Florida
19 Statutes, is amended to read:
20 210.01 Definitions.—When used in this part the following
21 words shall have the meaning herein indicated:
22 (1) "Cigarette" means any roll for smoking, except one of
23 which the tobacco is fully naturally fermented, without regard
24 to the kind of tobacco or other substances used in the inner
25 roll or the nature or composition of the material in which the
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CS/HB 785 2025
26 roll is wrapped, which is made wholly or in part of tobacco
27 irrespective of size or shape and whether such tobacco is
28 flavored, adulterated or mixed with any other ingredient. The
29 term does not include a heated tobacco product as defined by s.
30 210.25.
31 Section 2. Paragraph (i) of subsection (1) of section
32 210.095, Florida Statutes, is amended to read:
33 210.095 Mail order, Internet, and remote sales of tobacco
34 products; age verification.—
35 (1) For purposes of this section, the term:
36 (i) "Tobacco products" means all cigarettes, smoking
37 tobacco, snuff, fine-cut chewing tobacco, cut and granulated
38 tobacco, cavendish, and plug or twist tobacco, and heated
39 tobacco products as defined in s. 210.25.
40 Section 3. Part II of chapter 210, Florida Statutes,
41 entitled "Tax on Tobacco Products other than Cigarettes or
42 Cigars," is renamed "Tax on Tobacco Products other than
43 Cigarettes, Heated Tobacco Products, or Cigars."
44 Section 4. Present subsections (6) through (14) of section
45 210.25, Florida Statutes, are redesignated as subsections (7)
46 through (15), respectively, a new subsection (6) is added to
47 that section, and present subsection (12) of that section is
48 amended, to read:
49 210.25 Definitions.—As used in this part:
50 (6) "Heated tobacco product" means a product containing
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
CS/HB 785 2025
51 tobacco designed for use in an electronic device with a heat
52 source that does not involve any form of burning or combustion
53 during ordinary conditions of use and which produces an
54 inhalable aerosol by heating the tobacco but does not produce
55 any smoke.
56 (13)(12) "Tobacco products" means loose tobacco suitable
57 for smoking; snuff; snuff flour; cavendish; plug and twist
58 tobacco; fine cuts and other chewing tobaccos; shorts; refuse
59 scraps; clippings, cuttings, and sweepings of tobacco, and other
60 kinds and forms of tobacco prepared in such manner as to be
61 suitable for chewing; but "tobacco products" does not include
62 cigarettes, as defined by s. 210.01(1), heated tobacco products,
63 or cigars.
64 Section 5. Subsection (8) of section 569.002, Florida
65 Statutes, is amended to read:
66 569.002 Definitions.—As used in this part, the term:
67 (8) "Tobacco products" includes loose tobacco leaves, and
68 products made from tobacco leaves, in whole or in part, and
69 cigarette wrappers, which can be used for smoking, sniffing, or
70 chewing, and heated tobacco products as defined in s. 210.25.
71 Section 6. Paragraph (d) of subsection (1) of section
72 951.22, Florida Statutes, is amended to read:
73 951.22 County detention facilities; contraband articles.—
74 (1) It is unlawful, except through regular channels as
75 duly authorized by the sheriff or officer in charge, to
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76 introduce into or possess upon the grounds of any county
77 detention facility as defined in s. 951.23 or to give to or
78 receive from any inmate of any such facility wherever said
79 inmate is located at the time or to take or to attempt to take
80 or send therefrom any of the following articles, which are
81 contraband:
82 (d) Any tobacco products as defined in s. 210.25 s.
83 210.25(12).
84 Section 7. For the purpose of incorporating the amendment
85 made by this act to section 569.002, Florida Statutes, in a
86 reference thereto, subsection (5) of section 569.31, Florida
87 Statutes, is reenacted to read:
88 569.31 Definitions.—As used in this part, the term:
89 (5) "Nicotine product" means any product that contains
90 nicotine, including liquid nicotine, which is intended for human
91 consumption, whether inhaled, chewed, absorbed, dissolved, or
92 ingested by any means. The term also includes any nicotine
93 dispensing device. The term does not include a:
94 (a) Tobacco product, as defined in s. 569.002;
95 (b) Product regulated as a drug or device by the United
96 States Food and Drug Administration under Chapter V of the
97 Federal Food, Drug, and Cosmetic Act; or
98 (c) Product that contains incidental nicotine.
99 Section 8. This act shall take effect July 1, 2025.
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HB 955
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 955 COMPANION BILL: None
TITLE: Employment Eligibility LINKED BILLS: None
SPONSOR(S): Jacques RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill expands Florida’s E-Verify employment eligibility verification requirements so that all private employers
are required to use the E-Verify system, ensuring that every new hire is legally authorized to work in the United
States, beginning on July 1, 2025.
Fiscal or Economic Impact:
Indeterminate. The bill may have an indeterminate fiscal impact on state government and the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill expands Florida’s E-Verify employment eligibility requirements, as follows:
• Beginning July 1, 2025, requires all private employers to use the E-Verify, not just employers with 25 or
more employees.
• Removes the requirement that employers that voluntarily use the E-Verify system to certify such use on
their tax returns.
The effective date of the bill is July 1, 2025.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
Indeterminate. The bill may have an indeterminate fiscal impact on state agencies related to enforcement.
PRIVATE SECTOR:
Indeterminate. Businesses may have additional workload related to the employment verification requirements and
may be subject to fines related to violations.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida E-Verify Law
STORAGE NAME: h0955.IPA
DATE: 3/28/2025
1
Florida’s E-Verify law provides the following employment eligibility verification requirements: 1
• Public employers: Are required to use the E-Verify system to verify a new employee’s employment
eligibility.
• Private employers with 25 or more employees: Since July 1, 2023, are required to use the E-Verify
system to verify a new employee’s employment eligibility.
Each employer required, or who volunteers, to use the E-Verify system, is required to certify on its first return each
calendar year to the tax service provider that it is in compliance with the E-Verify requirements when making
contributions to or reimbursing the state’s unemployment compensation or reemployment assistance system. 2
If the E-Verify law provides requirements for employers when the system is unavailable, 3 requires employers to
retain documentation of verifications, 4 and prohibits an employer from continuing to knowingly employ an
unauthorized alien. 5
Florida’s E-Verify law also provides an exception from the verification requirements for certain employee leasing
companies that applies to certain new employees of the client company. However, in the absence of a written
agreement, the employee leasing company is responsible for compliance, and remains an employer as otherwise
defined in federal laws or regulations. 6
The following entities may request, and an employer must provide, copies of any documentation relied upon by the
employer for the verification of a new employee’s employment eligibility: 7
• The Department of Law Enforcement (FDLE);
• The Attorney General (AG);
• The state attorney in the circuit in which the new employee works;
• The statewide prosecutor; or
• The Department of Commerce (DC).
These entities must rely upon the Federal Government to verify an employee’s employment eligibility and may not
independently make a final determination as to whether an employee is an unauthorized alien. 8
An employer that uses the E-Verify system or, if that system is unavailable, the Employment Eligibility Verification
form (Form I-9), with respect to the employment of an unauthorized alien has established a rebuttable
presumption that the employer has not violated the state prohibition on hiring unauthorized aliens, 9 with respect
to such employment. 10
An employer that uses the same documentation that is required by the United States Citizenship and Immigration
Services on its Form I-9 with respect to the employment of an unauthorized alien, has established an affirmative
defense that the employer has not violated the state prohibition on hiring unauthorized aliens, 11 with respect to
such employment. 12
The DC is responsible for the administration of compliance requirements, as follows: 13
1 S. 448.095(2)(a) and (b), F.S.
2 S. 448.095(2)(b)3., F.S.
3 S. 448.095(2)(c), F.S.
4 S. 448.095(2)(d), F.S.
5 S. 448.095(2)(e), F.S.
6 S. 448.095(2)(f), F.S.
7 S. 448.095(3)(a), F.S.
8 S. 448.095(3)(b), F.S.
9 S. 448.09, F.S.
10 S. 448.095(4)(a), F.S.
11 S. 448.09, F.S.
12 S. 448.095(4)(b), F.S.
13 S. 448.095(6), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
• Beginning July 1, 2024, if it determines that an employer failed to use the E-Verify system, the DC is
required to:
o Notify the employer of its determination; and
o Provide the employer with 30 days to cure the noncompliance.
• If it determines that an employer failed to use the E-Verify system as required three times in any 24-month
period, it must impose a fine of $1,000 per day until the employer provides proof of compliance.
• Noncompliance constitutes grounds for the suspension of all licenses issued by a licensing agency subject
to chapter 120, F.S., until the noncompliance is cured.
• Fines must be deposited into the State Economic Enhancement and Development Trust Fund for use by the
DC for employer outreach and public notice of the state’s employment verification laws.
E-Verify Federal Law
In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), 14 which,
among other provisions, created various employment eligibility verification programs, including the Basic Pilot
program, now referred to as E-Verify. E-Verify is an Internet-based system through which an employer can verify
that a newly hired employee is authorized to work in the United States. E-Verify is administered by DHS in
partnership with the Social Security Administration (SAA). It is free for employers to use and provides an
automated link to Government records to help employers confirm the employment eligibility of new hires. 15
Originally, the program was available in five of the seven states that had the highest populations of unauthorized
aliens and was initially authorized for only 4 years. However, Congress has consistently extended the program’s
life. It expanded the program in 2004, making it available in all 50 states. In 2008, the federal government began
requiring any entity that maintained or applied for federal contracts to use E-Verify. 16
To use the E-Verify system, an employer must open a “case” for the employee on the system and enter basic
information from the employee’s Form I-9 (name, address, SSN) into the case. 17 Then, the system checks the
submitted information to records that are available to the DHS and SSA, and issues one of the following possible
results to the employer: 18
• Employment Authorized - The employee’s information matched records available to the DHS and/or SSA.
• E-Verify Needs More Time - This case was referred to the DHS for further verification.
• Tentative Nonconfirmation (Mismatch) - Information did not match records available to the DHS and/or
SSA. Additional action is required.
• Case in Continuance - The employee has contacted the DHS or visited an SSA field office, but more time is
needed to determine a final case result.
• Close Case and Resubmit – The DHS or SSA requires that the employer to close the case and create a new
case for the employee. This result may be issued when the employee’s United States passport, passport
card, or driver’s license information is incorrect.
• Final Nonconfirmation - E-Verify cannot confirm the employee’s employment eligibility after the
employee contacted the DHS or SSA, the time for resolving the case expired, or the DHS closed the case
without confirming the employee’s employment eligibility for some other reason.
If the result is Tentative Nonconfirmation, then the employer must notify the employee, who must take further
action to verify his or her eligibility. If the result is E-Verify Needs More Time or Case in Continuance, then the E-
Verify system needs more time to process the case. 19
14
Pub. L. No. 104-208.
15
U.S. Citizenship and Immigration Services, How do I use E-Verify? https://www.e-
verify.gov/sites/default/files/everify/guides/E4en.pdf (last visited Mar. 28, 2025).
16
E-Verify, History and Milestones, https://www.e-verify.gov/about-e-verify/history-and-milestones (last visited Mar. 28, 2025).
17
E-Verify, Verification Process, for details on how the system works, https://www.e-verify.gov/employers/verification-process (last
visited Mar. 28, 2025). Before using E-Verify, an employer must enroll and sign a Memorandum of Understanding that provides the
terms of agreement between the employer and the DHS. See E-Verify, The E-Verify Memorandum of Understanding for Employers,
https://www.e-verify.gov/sites/default/files/everify/memos/MOUforEVerifyEmployer.pdf (last visited Mar. 28, 2025).
18
Id.
19
Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
E-Verify Defenses for Employers
According to federal law, an employer using the I-9 Form, establishing good faith compliance with the law, has
established an affirmative defense that the person or entity has not violated the federal law with respect to such
hiring, recruiting, or referring. 20
An employer taking the additional steps to use the E-Verify system to verify employment eligibility may establish a
rebuttable presumption that the person or entity has not violated the federal law with respect to such hiring,
recruiting, or referring. 21
The IRCA provides sanctions to be imposed on employers who knowingly employ aliens who are not authorized to
work. 22 Federal law contains no criminal sanction for working without authorization, although document fraud is a
civil violation. 23 The United States Citizenship and Immigration Services (USCIS) enforces these provisions. 24
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/HB 1617 Michael, Jacques Ingoglia The bill became effective July
1, 2023, except as otherwise
provided.
OTHER RESOURCES:
U.S. Department of Homeland Security, E-Verify
Florida Department of Commerce, E-Verify Compliance
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Commerce Committee
20
8 U.S.C. s. 1324a(a)(3).
21
8 U.S.C. s. 1324a notes, Pilot Programs for Employment Eligibility Confirmation.
22
8 U.S.C. s. 1324a(a)(1)-(2).
23
8 U.S.C. s. 1324c.
24
8 U.S.C. s. 1324a.
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4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 955 2025
1 A bill to be entitled
2 An act relating to employment eligibility; amending s.
3 448.095, F.S.; requiring that all private employers,
4 rather than only those employing more than a specified
5 number of employees, use the E-Verify system to verify
6 a new employee's employment eligibility beginning on a
7 specified date; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (b) of subsection (2) of section
12 448.095, Florida Statutes, is amended to read:
13 448.095 Employment eligibility.—
14 (2) EMPLOYMENT VERIFICATION.—
15 (b)1. A public agency shall use the E-Verify system to
16 verify a new employee's employment eligibility as required under
17 paragraph (a).
18 2. Beginning on July 1, 2025 2023, a private employer with
19 25 or more employees shall use the E-Verify system to verify a
20 new employee's employment eligibility as required under
21 paragraph (a).
22 3. Each employer required to use the E-Verify system under
23 this paragraph must certify on its first return each calendar
24 year to the tax service provider that it is in compliance with
25 this section when making contributions to or reimbursing the
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb955-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 955 2025
26 state's unemployment compensation or reemployment assistance
27 system. An employer that voluntarily uses the E-Verify system
28 may also make such a certification on its first return each
29 calendar year in order to document such use.
30 Section 2. This act shall take effect July 1, 2025.
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CODING: Words stricken are deletions; words underlined are additions.
hb955-00
HB 1225
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1225 COMPANION BILL: SB 918 (Collins)
TITLE: Employment of Minors LINKED BILLS: None
SPONSOR(S): Miller RELATED BILLS: None
Committee References
Industries & Professional Intergovernmental Affairs Commerce
Activities
SUMMARY
Effect of the Bill:
The bill removes restrictions in Florida’s Child Labor Law (Child Labor Law) that govern the employment of minors
16 and 17 years-of-age, relating to time of day, number of hours, and meal breaks. The bill allows minors 14 and 15
years-of-age to work under certain circumstances. The bill also removes the authority of the Department of
Business and Professional Regulation’s (DBPR) to waive employment restrictions of minors.
Fiscal or Economic Impact:
Indeterminate. To the extent the bill will increase opportunities to generate income for certain individuals and
employers, the bill may have an indeterminate positive economic impact on the private sector.
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ANALYSIS
EFFECT OF THE BILL:
The bill removes the following restrictions from the Child Labor Law on working hours for minors 16 and 17
years-of-age:
• Working before 6:30 a.m. or after 11 p.m. when school is scheduled the following day.
• Working for more than 8 hours in a day, when school is scheduled the following day, except on a holiday or
Sunday.
• Working more than 30 hours in any one week when school is in session, which can be waived by a minor’s
parent or custodian, or the school superintendent or his or her designee, on a form prescribed by DBPR and
provided to the minor’s employer.
• On any school day, minors 16 and 17 years of age who are not enrolled in a career education program may
not be gainfully employed during school hours.
• Working more than eight hours a day without a thirty minute break. (Section 1)
The bill allows, unless otherwise required by federal law, minors 14 and 15 years-of-age to work without their
current restrictions:
• If they have graduated from high school or received a high school equivalent diploma.
• If they are enrolled in a home education, or virtual instruction program in which the minor is separated
from the teacher by time only. (Section 1)
The bill revises the exemption from employment restrictions for minors who hold a valid certificate of exemption
issued by the school superintendent to specify that this exemption only applies to minors 14 and 15 years of age.
(Section 1)
STORAGE NAME: h1225a.IPA
DATE: 3/31/2025
1
The bill revises the exemption from employment restrictions for all minors who qualify on a hardship basis to
specify they must be enrolled in a “public” education institution. (Section 1)
The bill removes DBPR’s authority to grant waivers of the employment restrictions. (Section 1)
The effective date of the bill is July 1, 2025. (Section 2)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may increase opportunities for certain minor children to work and generate income.
The bill may allow certain employers to employ certain minor children without having to comply with
requirements in current law.
The bill may increase labor force participation among certain minor children, which may result in a reduction of
obtaining higher skills, education, and healthcare for these individuals.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Child Labor Law
DBPR’s, Division of Regulation, administers and enforces Florida’s Child Labor Law 1 through its Child Labor
Program. 2 The “mission of the Child Labor Program is to provide a program of education, enforcement, and
administrative initiatives designed to achieve full compliance in the enforcement of Child Labor laws and ensure
the health, education and welfare of Florida’s working minors.” 3
Florida’s Child Labor Law defines “child” or “minor” as any person 17 years of age or younger, unless: 4
• The person is or has been married;
• The person’s disability of nonage has been removed by a court of competent jurisdiction;
• The person is serving or has served in the Armed Forces of the United States;
• It has been found by a court having jurisdiction over the person that it is in the best interest of such minor
to work and the court specifically approves any employment of such person, including the terms and
conditions of such employment; or
• The person has graduated from an accredited high school or holds a high school equivalency diploma.
Florida’s Child Labor Law restricts the employment of minors, sometimes more than federal law.
Hours of Work in Certain Occupations
Currently, Florida’s Child Labor Law prohibits minors 16 and 17 years-of-age from being employed during school
hours, unless they are enrolled in a career education program. 5 These minors may not be employed, permitted, or
suffered to work:
• Between 11 p.m. and 6:30 a.m. when school is scheduled the following day.
1
See ss. 450.001-450.165, F.S.
2
S. 450.155, F.S., provides that Child Labor Law program appropriations made by the Legislature shall be used to carry out the proper
responsibilities of administering the Child Labor Law, to protect the working youth of the state, and to provide education about the
Child Labor Law to employers, public school employees, the general public, and working youth.
3
Florida Department of Business and Professional Regulation, Child Labor, http://www.myfloridalicense.com/DBPR/child-labor/
(last visited Mar. 26, 2025).
4
S. 450.012(3), F.S.
5
S. 450.081, F.S.
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2
• For more than 8 hours in any one day, when school is scheduled the following day, except for holidays and
Sundays.
• For more than 30 hours each week when school is in session, except for certain circumstances through a
waiver.
• For eight hours or more a day without at least a 30 minute break. 6
Florida’s Child Labor Law further prohibits minors 15 years-of-age and younger from working:
• Between 7 p.m. and 7 a.m. when school is scheduled the following day.
• For more than 15 hours in any week when school is in session.
• For more than 3 hours a day on a school day, unless they are enrolled in a career education program or
there is no school the following day.
• For more than six days per week.
• For more than four hours continuously without at least a 30 minute break. 7
During holiday and summer vacations, minors 15 years-of-age and younger may not work:
• Between 9 p.m. and 7 a.m.
• For more than 8 hours per day.
• For more than 40 hours per week. 8
These restrictions do not apply to:
• Minors 16 and 17 years-of-age who have graduated from high school or received a high school equivalency
diploma.
• Minors who are within the compulsory school attendance age limit and who hold a valid certificate of
exemption issued by the school superintendent or his or her designee pursuant to s. 1003.21(3), F.S.
• Minors enrolled in an educational institution who qualify on a hardship basis and receive a waiver as
determined by the school superintendent.
• Minors 16 and 17 years-of-age who are in a home education program or are enrolled in an approved virtual
instruction program in which the minor is separated from the teacher by time only.
• Minors in domestic service in private homes, minors employed by their parents, or pages in the Florida
Legislature. 9
Additionally, Florida’s Child Labor Law provides that:
• DBPR may grant waivers of the restrictions laid out in s. 450.081, F.S.
• The presence of a minor in a place of employment during working hours is prima facie evidence of their
employment at such place.
• An employer who violates s. 450.081, F.S., is subject to penalties in s.450.141, F.S. 10
Partial Waivers
In extenuating circumstances when it clearly appears to be in the best interest of the child, DBPR is authorized to
grant a waiver of the restrictions imposed by the Child Labor Law on the employment of a child. Such waivers are
granted upon a case-by-case basis and based upon such factors as the department, by rule, establishes as
determinative of whether such waiver is in the best interest of a child. 11
DBPR, or the school district designee if the minor is enrolled in the public school system, is authorized to grant a
waiver of any restriction imposed by the Child Labor Law, or by rule. In determining whether to grant a Partial
Waiver, the Department shall consider all relevant information which may establish what is in the best interest of
the minor, including: 12
6
Id.
7
Id.
8
Id.
9
Id.
10
Id.
11
S. 450.095, F.S.
12
R. 61L-2.007, F.A.C.
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• School Status: DBPR, or the school district designee, is required to grant a partial waiver based on
school status when:
o The minor will receive instruction by a tutor at the place of employment;
o The minor has been authorized by the District School Superintendent to complete his or her
education through alternative methods such as home school;
o The minor has been permanently expelled from the public school system;
o The minor is enrolled in school in a foreign country and is visiting Florida during his or her
home country’s non-school period; or
o The employment would provide an educational, vocational, or public service experience that
would be beneficial to the minor.
Documentation shall consist of confirmation from the minor’s school principal or the
Superintendent of the School District and of copies of school records clearly defining the
minor’s school status.
• Financial Hardship: DBPR, or the school district designee, is required to grant a partial waiver based
on financial hardship when compliance with the Child Labor Law or rule will result in undue financial
hardship for the minor or the minor’s immediate family. Documentation must include:
o A notarized letter, explaining the particular circumstances creating a hardship, from a parent,
guardian, or other adult, who knows and can attest to the minor’s financial hardship; written
confirmation from a school recently attended;
o Documentation from a social service agency; or
o Verification of participation in AFDC, Food Stamp, Project Independence, or other similar
programs.
o DBPR is authorized to require other documentation which proves financial hardship.
• Medical Hardship: DBPR, or the school district designee, must grant a partial waiver based on medical
hardship when compliance with the Child Labor Law or rule will result in physical or mental hardship
for the minor. Documentation may consist of written confirmation from the minor’s physician stating
the specific medical reasons that require the minor to be excused from mandatory school attendance
and affirming that the minor to be excused from mandatory school attendance may be allowed to work
the requested hours, or that the minor should be considered an adult for the purpose of work hours.
• Other Hardship: DBPR, or school district designee, must grant a partial waiver based on other
hardship when compliance with the Child Labor Law or rule will result in unreasonable hardship to the
minor in specific situations.
• Court Order: DBPR, or the school district designee, must grant a partial waiver based on a court order
when compliance with the Child Labor Law or rule will result in the minor violating an order issued by
a court mandating that the minor work specified hours or in a specified occupation.
According to DBPR, for the current fiscal year, the department has received 1,416 waiver applications. Of this
amount, 639 have been approved and 777 have been found to be deficient. 13
Enforcement
DBPR and local law enforcement are required to: 14
• Enforce the provisions of the Child Labor Law;
• Make complaints against persons violating its provisions; and
• Prosecute violations.
DBPR is authorized to enter and inspect at any time any place or establishment covered by this law and to have
access to age certificates kept on file by the employer and other records. Designated school representatives are
required to report to DBPR all violations of the Child Labor Law. 15
13
Email from Derek Miller, Director of Legislative Affairs, Florida Department of Business and Professional Regulation, RE: Child
Labor Partial Waivers, (Dec. 11, 2023).
14
S. 450.121(1), F.S.
15
S. 450.121(2), F.S.
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The Child Labor Law also provides that:
• Trial courts in the state have the duty to issue warrants and try cases within their jurisdiction in connection
with violations of the Child Labor Law.
• Grand juries have inquisitorial powers to investigate violations, and trial court judges shall specially charge
the grand jury to investigate violations of the Child Labor Law.
The Child Labor Law provides the following penalties for violations: 16
• Second degree misdemeanor, punishable by up to 60 days in prison 17 and a $500 fine. 18
o Each day during which any violation of this law continues, and the employment of any minor in
violation of the law, constitutes a separate and distinct offense.
• Second degree felony, punishable by up to 15 years in prison, 19 a $10,000 fine, 20 or up to 30 years in prison
for habitual offenders 21 any person who: 22
o Takes, receives, hires, employs, uses, exhibits, or, in any manner or under any pretense, causes or
permits any child less than 18 years of age to suffer;
o Inflicts upon any such child unjustifiable physical pain or mental suffering;
o Willfully causes or permits the life of any such child to be endangered or his or her health to be
injured or such child to be placed in such situation that his or her life may be endangered or health
injured; or
o Has in custody any such child for any of these purposes.
The Child Labor Law authorizes DBPR to provide administrative fines not to exceed $2,500 per offense. 23 Upon
discovery by DBPR that an employer is in violation, it is required to give written notice to the employer specifying
the violation, the facts alleged to constitute the violation, and the requirements and time limitations for remedial
action. If the employer refuses or fails to comply, DBPR is authorized to seek assessment of the following schedule
of fines: 24
3rd and
Subsequent
Violation 1st Offense 2nd Offense Offenses
Child Labor Poster Up to $500 Up to $1,000 Up to $1,500
Employment of Minor Up to $1,000 Up to $1,500 Up to $2,500
Proof of Age or Copy of Partial Waiver Up to $700 Up to $1,200 Up to $2,000
Employment of Minor in Violation of Beverage law. Up to $1,000 Up to $1,500 Up to $2,500
Work Hours or Consecutive Days Up to $1,000 Up to $1,500 Up to $2500
Hazardous Occupation Up to $1,500 Up to $2,000 Up to $2,500
Employment of minor in violation of any provision of Child Up to $2,500 Up to $2,500 Up to $2,500
Labor.
Law or this rule chapter which results in injury or death to
minor.
Violation of proof of age and identity requirements for Up to $1,000 Up to $2,000 Up to $2,500
Adult Theaters.
Any other violation of the Child Labor Law or this rule Up to $1,000 Up to $1,500 Up to $2,500
chapter.
Failure to provide records or documentation upon request. Up to $500 Up to $1,200 Up to $2,000
16
S. 450.141(1), F.S.
17
S. 775.082, F.S.
18
S. 775.083, F.S.
19
S. 775.082, F.S.
20
S. 775.083, F.S.
21
S. 775.084, F.S.
22
S. 450.151, F.S.
23
S. 450.141(2), F.S.
24
R. 61L-2.009, F.A.C.
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Career Education Exemptions
Florida’s Child Labor Law specifies that it does not:
• Prevent minors of any age from receiving career education furnished by the U.S., this state, or any county or
other political subdivision of this state and duly approved by the Department of Education or other duly
constituted authority, nor any apprentice indentured under a plan approved by the Department of
Economic Opportunity; or
• Prevent the employment of any minor 14 years of age or older when such employment is authorized as an
integral part of, or supplement to, such a course in career education and is authorized by regulations of the
district school board of the district in which such minor is employed, provided the employment is in
compliance with the provisions of ss. 450.021(4), F.S. and 450.061, F.S.
Exemptions for the employment of student learners 16 to 18 years-of-age provided in s. 450.061, F.S., apply
when: 25
• The student learner is enrolled in a youth vocational training program under a recognized state or local
educational authority.
• Such student learner is employed under a written agreement that provides:
o That the work of the student learner in the occupation declared particularly hazardous shall be
incidental to the training.
o That such work shall be intermittent and for short periods of time and under the direct and close
supervision of a qualified and experienced person.
o That safety instructions shall be given by the school and correlated by the employer with on-the-job
training.
o That a schedule of organized and progressive work processes to be performed on the job shall have
been prepared.
Proof of Identity
In order to hire a child to work, the law requires an employer to obtain and keep on record during the entire
period of employment proof of the child’s age.26 Employers who hire minors are also required to post posters
notifying minors of the Child Labor Law. 27
Federal Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with minimum wage,
overtime pay, and child labor protections. 28 Congress adopted the FLSA to prevent substandard labor conditions
from being used as an “unfair method of competition.” 29 The FLSA covers employees and enterprises engaged in
interstate commerce. An enterprise is covered if it has annual sales or business done of at least $500,000. 30
Regardless of the dollar volume of business, the FLSA applies to hospitals; institutions primarily engaged in the
care of the sick, aged, mentally ill, or disabled who reside on the premises; schools for children who are mentally or
physically disabled or gifted; federal, state, and local governments; and preschools, elementary and secondary
schools, and institutions of higher education. 31
The FLSA was adopted as a minimum set of standards, which allowed states to provide more protections for
employees. Under the FLSA, if states enact minimum wage, overtime, or child labor laws that are more protective
than what is provided by the FLSA, the state law applies. 32 Because states may enact laws that are more protective
than what is provided by the FLSA, minimum wage, overtime, and child labor standards vary state by state.
25
S. 450.161, F.S.
26
S. 450.045(1), F.S. Such proof must include photocopies of the child’s birth certificate and driver license, an age certificate issued
by the district school board of the district in which the child is employed, certifying the child’s date of birth, or a photocopy of a
passport or visa which lists the child’s date of birth.
27
S. 450.045(2), F.S.
28
29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
29
Brooklyn Savings Bank V. O’Neil. 324 U.S. 697 (1945).
30
29 C.F.R. §§779.258-779.259.
31
29 U.S.C. §203(s)(1).
32
29 U.S.C. § 218.
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Child Labor
The FLSA prohibits the employment of “oppressive child labor” in the United States and the shipment of goods
made in proximity to oppressive child labor. 33 The FLSA establishes a general minimum age of 16 years for
employment in nonhazardous occupations, and a minimum age of 18 years for employment in any occupation
determined by the Secretary of Labor to be hazardous to the health or well-being of minors. However, children
younger than 16 may work if certain conditions are met, and rules for agricultural and nonagricultural
employment vary significantly. 34
Nonagricultural Employment – Minimum Standards
For nonexempt children, the minimum age for employment in nonagricultural occupations is: 35
• 18 years-of-age for occupations determined by the Secretary of Labor to be hazardous to the health and
well-being of children (i.e., “hazardous occupations”);
• 16 years-of-age for employment in nonhazardous occupations; or
• 14 years-of-age for a limited set of occupations, with restrictions on hours and work conditions, as
determined by the Secretary of Labor.
A child under the age of 14 may not be employed unless his or her employment is explicitly excluded from the
definition of oppressive child labor (e.g., a parent is the child’s sole employer in a nonhazardous occupation) or
exempt from the FLSA child labor provisions (e.g., newspaper delivery). 36
The hours and times of day that 14- and 15-year-olds are allowed to work and specific occupations that are
permitted or prohibited for such minors in nonagricultural occupations are set by federal and state law.
The FLSA allows the employment of minors 14 and 15 years-of-age during the following hours and times-of-day: 37
• Outside of school hours; 38
• Not more than 40 hours in any 1 week when school is not in session;
• Not more than 18 hours in any 1 week when school is in session;
• Not more than 8 hours in any 1 day when school is not in session;
• Not more than 3 hours in any 1 day when school is in session, including Fridays; and
• Between 7 a.m. and 7 p.m. in any 1 day, except during the summer (June 1 through Labor Day) when the
evening hour will be 9 p.m.
Oppressive Child Labor
The following occupations constitute oppressive child labor within the meaning of the FLSA when performed by
minors who are 14 and 15 years-of-age:39
• Manufacturing, mining, or processing occupations.
• Occupations that the Secretary of Labor may, pursuant to section 3(l) of the FLSA, find and declare to be
hazardous for the employment of minors between 16 and 18 years of age or detrimental to their health or
well-being.
• Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or repairing hoisting
apparatus.
• Work performed in or about boiler or engine rooms or in connection with the maintenance or repair of the
establishment, machines, or equipment.
33
29 U.S.C. §212.
34
Congressional Research Service, The Fair Labor Standards Act (FLSA): An Overview, (Mar. 8, 2023),
https://crsreports.congress.gov/product/pdf/R/R42713 (last visited Mar. 26, 2025).
35
29 C.F.R. § 570.2.
36
29 C.F.R. § 570.119.
37
75 C.F.R. § 28448 (2010).
38
29 C.F.R. § 570.35(b) defines “school hours” as the hours that the local public school district where the minor resides while
employed is in session during the regularly scheduled school year.
39
29 C.F.R. § 570.33.
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7
• Occupations that involve operating, tending, setting up, adjusting, cleaning, oiling, or repairing any power-
driven machinery, including but not limited to lawn mowers, golf carts, all-terrain vehicles, trimmers,
cutters, weed-eaters, edgers, food slicers, food grinders, food choppers, food processors, food cutters, and
food mixers. Youth 14 and 15 years of age may, however, operate office equipment pursuant to § 570.34(a)
and vacuum cleaners and floor waxers pursuant to § 570.34(h).
• The operation of motor vehicles.
• Outside window washing that involves working from window sills, and all work requiring the use of
ladders, scaffolds, or their substitutes.
• All baking and cooking activities except that cooking which is permitted by § 570.34(c).
• Work in freezers and meat coolers and all work in the preparation of meats for sale except as permitted by
§ 570.34(j). This section, however, does not prohibit the employment of 14- and 15-year-olds whose duties
require them to occasionally enter freezers only momentarily to retrieve items as permitted by § 570.34(i).
• Youth peddling, which entails the selling of goods or services to customers at locations other than the
youth-employer's establishment, such as the customers' residences or places of business, or public places
such as street corners and public transportation stations.
• Loading and unloading of goods or property onto or from motor vehicles, railroad cars, or conveyors,
except the loading and unloading of personal non-power-driven hand tools, personal protective equipment,
and personal items to and from motor vehicles as permitted by § 570.34(k).
• Catching and cooping of poultry in preparation for transport or for market.
• Public messenger service.
• Occupations in connection with transportation of persons or property, warehousing and storage,
communications and public utilities, and construction (including demolition and repair).
Authorized Occupations
The FLSA allows the following occupations to be performed by minors 14 and 15 years-of-age when performed
within the required timeframes:40
• Office and clerical work, including the operation of office machines.
• Work of an intellectual or artistically creative nature.
• Cooking with electric or gas grills which does not involve cooking over an open flame.
• Cashiering, selling, modeling, art work, work in advertising departments, window trimming, and
comparative shopping.
• Price marking and tagging by hand or machine, assembling orders, packing, and shelving.
• Bagging and carrying out customers' orders.
• Errand and delivery work by foot, bicycle, and public transportation.
• Clean up work, including the use of vacuum cleaners and floor waxers, and the maintenance of grounds, but
not including the use of power-driven mowers, cutters, trimmers, edgers, or similar equipment.
• Kitchen work and other work involved in preparing and serving food and beverages.
• Cleaning vegetables and fruits, and the wrapping, sealing, labeling, weighing, pricing, and stocking of items.
• The loading onto motor vehicles and the unloading from motor vehicles of the light, non-power-driven,
hand tools and personal protective equipment that the minor will use as part of his or her employment at
the work site; and the loading onto motor vehicles and the unloading from motor vehicles of personal items
such as a back pack, a lunch box, or a coat that the minor is permitted to take to the work site.
• The employment of 15-year-olds (but not 14-year-olds) to perform permitted lifeguard duties at traditional
swimming pools and water amusement parks (including such water park facilities as wave pools, lazy
rivers, specialized activity areas that may include water falls and sprinkler areas, and baby pools; but not
including the elevated areas of power-driven water slides) when such youth have been trained and
certified by the American Red Cross, or a similar certifying organization, in aquatics and water safety.
• Employment inside and outside of places of business where machinery is used to process wood products.
• Work in connection with cars and trucks if confined to dispensing gasoline and oil; courtesy service; car
cleaning, washing and polishing by hand; and other occupations permitted by this section, but not including
40
29 C.F.R. § 570.34.
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work involving the use of pits, racks, or lifting apparatus, or involving the inflation of any tire mounted on a
rim equipped with a removable retaining ring.
• Work in connection with riding inside passenger compartments of motor vehicles.
Agricultural Employment – Minimum Standards
With some exceptions, the minimum age for employment in agricultural occupations is:
• 16 years-of-age for employment in any agricultural job, including those determined to be hazardous by the
Secretary of Labor, with no restrictions on hours of work; 41
• 14 years-of-age for employment in nonhazardous agricultural jobs, outside of school hours; 42
• 12 years-of-age (up to 13 years) for employment in nonhazardous agricultural jobs, outside of school
hours, with the written consent of a parent; written consent is not required if the work takes place on a
farm that also employs the child’s parent; 43
• 10 years-of-age (and up to 11 years) for employment to hand-harvest select crops for up to eight weeks in
nonhazardous agricultural jobs, outside of school hours, with the written consent of a parent, providing the
employer has obtained a waiver permitting this employment from the Secretary of Labor; 44 or
• Any age (up to 12 years), for employment in nonhazardous agricultural jobs, outside of school hours on
certain small farms, with a parent’s written consent. 45
A child of any age who is employed by a parent on a farm owned or operated by the parent may work without
restriction. 46 DOL regulations also provide limited exemptions to child labor rules concerning hazardous
agricultural occupations for student learners and graduates of vocational training programs that meet regulatory
criteria. 47
FLSA Child Labor Exemptions
The FLSA excludes the following occupations and work arrangements from coverage of its child labor provisions:
• Children with a Parental Employer: Children who work for a parent or a person standing in place of a
parent 48 in an occupation other than manufacturing, mining, or hazardous work may be employed at any
age and for any number of hours. 49
• Child Performers: Children of any age may be employed as actors or performers in motion pictures or in
theatrical, radio, or television productions. 50
41
29 C.F.R. § 570.2.
42
29 U.S.C. §213(c)(1)(C). DOL regulations identify the set of jobs and activities that—subject to hours-of-work
restrictions—do not constitute oppressive child labor for children ages 14 and 15 years old; these are at 29 C.F.R.
§570.33.
43
29 U.S.C. §213(c)(1)(B).
44
The conditions under which the Secretary of Labor will grant a waiver permitting the employment of 10 and 11 year
old children to harvest certain crops are in 29 U.S.C. 213(c)(4) and 29 C.F.R. § part 575. However, as DOL notes “the
Department was enjoined from issuing such waivers in 1980 because of issues involving exposure, or potential
exposure, to pesticides (see National Ass’n of Farmworkers Organizations v. Marshall, 628 F.2d 604 (DC Cir. 1980)).
Therefore, no waivers have been granted under FLSA section 13(c)(4) for thirty years.” DOL-WHD, “Child Labor
Regulations, Orders and Statements of Interpretation; Child Labor Violations-Civil Money Penalties - A Proposed
Rule,” 75 Federal Register 54842, September 2, 2011.
45
29 U.S.C. §213(c)(1)(A). Applies to the employment of children on farms that are exempt from FLSA minimum
wage provisions because they employed fewer than 500 “man-days of agricultural labor” during any calendar quarter in
the previous calendar year. FLSA defines a man-day of agricultural labor as “any day during which an employee
performs any agricultural labor for not less than one hour”; 29 U.S.C. §203(u).
46
29 U.S.C. §213(c)(2).
47
29 C.F.R. §570.72.
48
Parent or person standing in place of a parent is defined in 29 C.F.R. §570.126 as including “natural parents, or any
other person, where the relationship between that person and a child is such that the person may be said to stand in
place of a parent. For example, one who takes a child into his home and treats it as a member of his own family,
educating and supporting the child as if it were his own, is generally said to stand to the child in place of a parent.”
49
This exemption stems from the FLSA definition of oppressive child labor at 29 U.S.C. §203(1), which excludes
children employed by a parent in most nonhazardous occupations. For children employed in nonagricultural work, the
parent must be the sole employer for the exemption to hold. The parent need not be the sole employer for children
working in agriculture on a farm owned or operated by the parent.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
• Newspaper Delivery Persons: Children of any age may be employed to deliver newspapers to
consumers. 51
• Evergreen Wreath Producers (Homebased): Children of any age may be employed as homeworkers to
make evergreen wreaths and to harvest forest products used in making such wreaths. 52
Hazardous Occupations
Seventeen groups of nonagricultural occupations have been determined to be hazardous or detrimental to the
health or well-being of children between the ages of 16 and 18 years. 53 Employment in these jobs is prohibited,
with limited exemptions for registered apprentices and student learners. 54 In some instances, children’s
employment is banned in entire industries (e.g., coal mining) with some exceptions for office, sales, or maintenance
work; others prohibit children’s exposure to materials (e.g., radioactive substances) or equipment (e.g., power-
driven hoisting apparatus).
Eleven types of agricultural occupations have been determined to be hazardous, in which—with few exceptions—a
child below the age of 16 may not be employed. 55 These include, for example, handling or applying certain
agricultural chemicals, and working on a farm in a pen occupied by a stud horse maintained for breeding purposes.
The prohibition on employment in agricultural hazardous occupations does not apply to children employed by a
parent on a farm owned or operated by the parent. 56 When certain requirements are met, student learners and
graduates of tractor or machine operation programs that meet regulatory criteria may be employed in select
hazardous occupations.
FLSA Violations
Two remedies are available for violations of the FLSA child labor provisions. The Secretary of Labor may assess
civil penalties or seek other relief, including injunctive relief. Employers who violate the FLSA child labor
provisions may be assessed the following civil penalties:
• Up to $15,138 for each employee who was the subject of a child labor violation; or
• Up to $68,801 for each violation that causes the death or serious injury of a minor employee, a penalty may
be doubled if the violation is a repeated or willful violation. 57
U.S. district courts have jurisdiction to enjoin violations of the FLSA’s child labor provisions. 58 For example, a
federal court may order an employer to halt employment of a minor in a hazardous occupation or may enjoin a
producer from shipping goods out of state from an establishment in or about which a child labor violation has
occurred. Criminal penalties are also prescribed for willful violations of the FLSA’s child labor provisions. 59
50
29 U.S.C. §213(c)(3).
51
29 U.S.C. §213(d).
52
29 U.S.C. §213(d).
53
29 C.F.R. §§570.50-570.68.
54
The prohibition on minors’ employment in the nonagricultural hazardous occupations applies even if the child is
employed by a parent. The conditions under which a registered apprentice or student learner may participate in
hazardous occupation tasks are described in 29 C.F.R. §570.50 (b) and (c).
55
Hazardous agricultural occupations are described in 29 C.F.R. §570.71; exemptions to the ban on children’s
employment in hazardous agricultural occupations are in 29 C.F.R. §570.72.
56
29 U.S.C. §213(c)(2).
57
These civil money penalties took effect on January 16, 2023, and are as adjusted for inflation as provided by the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (P.L. 114-74).
58
29 U.S.C. §217.
59
Congressional Research Service, The Fair Labor Standards Act (FLSA): An Overview, Mar.8, 2023, at 17
https://crsreports.congress.gov/product/pdf/R/R42713 (last visited Mar. 26, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2024 CS/CS/HB 49 Chaney Burgess The bill became law on July 1,
2024.
OTHER RESOURCES:
U.S. Department of Labor Wage and Hour Division, Child Labor
Florida Department of Business & Professional Regulation, Child Labor
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Intergovernmental Affairs
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
11
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1225 2025
1 A bill to be entitled
2 An act relating to the employment of minors; amending
3 s. 450.081, F.S.; removing certain employment
4 restrictions for minors 16 and 17 years of age;
5 revising the age at which certain employment
6 restrictions do not apply, unless otherwise required
7 by federal law; revising the exceptions to certain
8 work restrictions; removing the authority of the
9 Department of Business and Professional Regulation to
10 grant a waiver of employment restrictions; providing
11 an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 450.081, Florida Statutes, is amended
16 to read:
17 450.081 Hours of work in certain occupations.—
18 (1)(a) Minors 15 years of age or younger may not be
19 employed, permitted, or suffered to work:
20 1. Before 7 a.m. or after 7 p.m. when school is scheduled
21 the following day.
22 2. For more than 15 hours in any one week when school is
23 in session.
24 (b) On any school day, minors 15 years of age or younger
25 who are not enrolled in a career education program may not be
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1225 2025
26 gainfully employed for more than 3 hours, unless there is no
27 session of school the following day.
28 (c) During holidays and summer vacations, minors 15 years
29 of age or younger may not be employed, permitted, or suffered to
30 work before 7 a.m. or after 9 p.m., for more than 8 hours in any
31 one day, or for more than 40 hours in any one week.
32 (2)(a) Minors 16 and 17 years of age may not be employed,
33 permitted, or suffered to work:
34 1. Before 6:30 a.m. or after 11 p.m. when school is
35 scheduled the following day.
36 2. For more than 8 hours in any one day when school is
37 scheduled the following day, except when the day of work is on a
38 holiday or Sunday.
39 3. For more than 30 hours in any one week when school is
40 in session. However, a minor's parent or custodian, or the
41 school superintendent or his or her designee, may waive the
42 limitation imposed in this subparagraph on a form prescribed by
43 the department and provided to the minor's employer.
44 (b) On any school day, minors 16 and 17 years of age who
45 are not enrolled in a career education program may not be
46 gainfully employed during school hours.
47 (2)(3) Minors 15 years of age or younger may not be
48 employed, permitted, or suffered to work in any gainful
49 occupation for more than 6 consecutive days in any one week.
50 (3)(4) Minors 15 years of age or younger may not be
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1225 2025
51 employed, permitted, or suffered to work for more than 4 hours
52 continuously without an interval of at least 30 minutes for a
53 meal period; and for the purposes of this section law, a period
54 of less than 30 minutes is not deemed to interrupt a continuous
55 period of work. Minors 16 and 17 years of age who are employed,
56 permitted, or suffered to work for 8 hours or more in any one
57 day as authorized by this section may not be employed,
58 permitted, or suffered to work for more than 4 hours
59 continuously without an interval of at least 30 minutes for a
60 meal period.
61 (4)(5) Unless otherwise required by federal law,
62 subsections (1)-(3) (1)-(4) do not apply to:
63 (a) Minors 14 16 and 15 17 years of age who have graduated
64 from high school or received a high school equivalency diploma.
65 (b) Minors 14 and 15 years of age who are within the
66 compulsory school attendance age limit and who hold a valid
67 certificate of exemption issued by the school superintendent or
68 his or her designee pursuant to s. 1003.21(3).
69 (c) Minors enrolled in a public an educational institution
70 who qualify on a hardship basis, such as economic necessity or
71 family emergency. The school superintendent or his or her
72 designee shall make such determination and issue a waiver of
73 hours to the minor and the employer. The form and contents
74 thereof shall be prescribed by the department.
75 (d) Minors 14 16 and 15 17 years of age who are in a home
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HB 1225 2025
76 education program or are enrolled in an approved virtual
77 instruction program in which the minor is separated from the
78 teacher by time only.
79 (e) Minors in domestic service in private homes, minors
80 employed by their parents, or pages in the Florida Legislature.
81 (6) The department may grant a waiver of the restrictions
82 imposed by this section pursuant to s. 450.095.
83 (5)(7) The presence of a minor in any place of employment
84 during working hours is prima facie evidence of his or her
85 employment therein.
86 (6)(8) A violation of this section is An employer who
87 requires, schedules, or otherwise causes a minor to be employed,
88 permitted, or suffered to work in violation of this section
89 commits a violation of the law, punishable as provided in s.
90 450.141.
91 Section 2. This act shall take effect July 1, 2025.
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hb1225-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 1225 by Rep. Miller
Employment of Minors
AMENDMENT SUMMARY
April 1, 2025
Amendment 1 by Rep. Miller (between lines 17-18):
• Allows minors to work beginning the summer vacation of the calendar year in which they
turn 14 years of age.
Amendment 2 by Rep. Miller (lines 32-35):
• Restricts minors 16 and 17 years of age from working after 10 pm.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1225 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Miller offered the following:
4
5 Amendment (with title amendment)
6 Between lines 17 and 18, insert:
7 (1) In accordance with federal law, a minor may be
8 employed, permitted, or suffered to work beginning the summer
9 vacation of the calendar year in which he or she turns 14 years
10 of age.
11 (2)(a) Minors 15 years of age or younger may not be
12 employed, permitted, or suffered to work:
13 1. Before 7 a.m. or after 7 p.m. when school is scheduled
14 the following day.
15 2. For more than 15 hours in any one week when school is
16 in session.
140775 - h1225-lines 17-18.docx
Published On: 3/31/2025 5:04:13 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1225 (2025)
Amendment No. 1
17 (b) On any school day, minors 15 years of age or younger
18 who are not enrolled in a career education program may not be
19 gainfully employed for more than 3 hours, unless there is no
20 session of school the following day.
21 (c) During holidays and summer vacations, minors 15 years
22 of age or younger may not be employed, permitted, or suffered to
23 work before 7 a.m. or after 9 p.m., for more than 8 hours in any
24 one day, or for more than 40 hours in any one week.
25
26 -----------------------------------------------------
27 T I T L E A M E N D M E N T
28 Remove line 3 and insert:
29 s. 450.081, F.S.; authorizing minors to work beginning
30 a certain timeframe; removing certain employment
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Published On: 3/31/2025 5:04:13 PM
Page 2 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1225 (2025)
Amendment No. 2
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Miller offered the following:
4
5 Amendment
6 Remove lines 32-35 and insert:
7 (2)(a) Minors 16 and 17 years of age may not be employed,
8 permitted, or suffered to work:
9 1. before 6:30 a.m. or after 10 11 p.m. when school is
10 scheduled the following day.
495529 - h1225-lines 32-35.docx
Published On: 3/31/2025 5:04:53 PM
Page 1 of 1
HB 1467
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1467 COMPANION BILL: SB 1404 (Simon)
TITLE: Gambling LINKED BILLS: None
SPONSOR(S): Snyder RELATED BILLS: None
Committee References
Industries & Professional Budget Commerce
Activities
SUMMARY
Effect of the Bill:
The bill strengthens penalties for illegal gambling, authorizes the operation of fantasy sports contests, clarifies
employee prohibitions governing the Florida Gaming Control Commission, revises reporting requirements related
to changes in ownership for pari-mutuel wagering permitholders, and preempts local governments from regulating
gaming activities unless expressly provided in Florida law.
Fiscal or Economic Impact:
The bill may have an indeterminate positive impact on jail and prison beds and may have a positive fiscal impact on
the Commission which may see an increase in revenues resulting from confiscation of contraband and receipt of
fines levied pursuant to the bill.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
Florida Gaming Control Commission
The bill requires the Florida Gaming Control Commission (Commission) to include the following information in its
annual report: the number of investigations that led to criminal charges being filed and the resolution of such
criminal case; the number of complaints received by the Commission and a summary of the action taken on each
complaint by the Commission; and a list of property seized by the Commission during the course of investigations,
and the disposition of such property, including a list of forfeiture actions. (Section 1)
Commissioner and Commission Employee Restrictions
The bill revises the restrictions on Commissioners and Commission employees that prohibit employment certain
types of employment immediately before and for 2 years after employment with the Commission to prohibit being
an employee, owner, or contractor for any entity that conducts an activity regulated, enforced, or investigated by
the Commission, including fantasy sports contests and other betting activities. (Sections 2 and 3)
Pari-Mutuel Wagering
The bill removes the 5 percent ownership interest threshold for inclusion as an “ultimate equitable owner,” which
must be reported to the Commission based on a change in ownership of a pari-mutuel permit, so that all changes in
ownership will now require reporting. (Sections 4 and 5)
Escheated Harness Horse and Thoroughbred Horse Permits
The bill removes the authority of the Commission to reissue escheated harness horse and thoroughbred horse
permits for failure of the permitholder to pay the required tax on handle for live performances. (Sections 6 and 7)
Bribery in Athletic Contests
STORAGE NAME: h1467.IPA
DATE: 3/28/2025
1
The bill makes it a third degree felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, F.S., for
anyone who stakes, bets, or wagers any money or other thing of value upon the result of any professional or
amateur game, contest, match, race, or sport with knowledge that the results of such professional or amateur game,
contest, match, race, or sport are prearranged or predetermined. (Section 8)
Keeping Gambling Houses
The bill increases penalties from a second degree misdemeanor to a third degree felony for violations related to
keeping a gambling house, and adds penalties for habitual offenders. (Section 9)
Agents or Employees of Keepers of Gambling Houses
The bill increases the penalty for violations of being an agent or employee of a keeper of a gambling house from a
second degree misdemeanor, to:
For a first offense, a misdemeanor of the first degree, punishable by up to one year in county jail and a
$1,000 fine (first degree misdemeanor).
For a second offense, a felony of the third degree, punishable by up to five years in prison and a $5,000
fine (third degree felony).
For a third or subsequent offense, a felony of the second degree, punishable by up to 15 years in prison
and a $5,000 fine (second degree felony). (Section 10)
Renting a Gambling House
The bill increases the penalties for renting a gambling house from a second degree misdemeanor, to:
For a first offense, a third degree felony.
For a second or subsequent offense, a second degree felony. (Section 11)
Cardrooms
The bill manipulating or attempting to manipulate the playing cards, outcome, or payoff of a card game in a
licensed cardroom by physical tampering or by use of any object, instrument, or device, whether mechanical,
electrical, magnetic, or involving other means. It also makes it a felony of the third degree punishable by up to five
years in prison and a $5,000 fine. (Section 12)
Fantasy Sports Contests
The bill authorizes fantasy sports contests to operate in Florida if they meet certain requirements, and provides
civil and criminal penalties for violations. Specifically, the bill:
Defines "fantasy sports contest" as a contest in which a participant pays an entry fee and manages a fantasy
or simulation sports team composed of athletes from a professional sports organization with the
opportunity to win a cash prize. The term includes a simulation sports game.
Requires fantasy sports contests to meet the following requirements:
o Prizes and awards for the winning participants are established and disclosed to contest participants
before entry.
o All winning outcomes reflect the relative knowledge and skill of the fantasy sports contest
participant.
o All winning outcomes are determined predominantly by accumulated statistical results of the
performance of more than one individual.
o A winning outcome may not be based on:
The score, point spread, or performance of a team or combination of teams.
The single performance of an individual in a single event or a pari-mutuel event, as the term
"pari-mutuel" is defined in s. 550.002, F.S., as of January 1, 2025.
A game of poker or other card game.
The performance of participants in collegiate, high school, or youth sporting events.
o Casino graphics, themes, or titles, including, but not limited to, depictions of slot machine-style
symbols, cards, dice, craps, roulette, or lotto, may not be displayed or depicted.
Makes violations punishable by a fine of $1,000 in addition to civil and criminal penalties.
Provides that an operator or owner of any website, platform, or application that offers fantasy sports
contests in violation of this section is punishable by a fine of up to $100,000 per violation.
Requires the Commission to investigate and refer violations for prosecution.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Authorizes the Attorney General or state attorney to institute proceedings to enjoin any person found to be
violating this section.
Makes certain willful and knowing violations a first degree misdemeanor.
Makes it a third degree felony for an operator or owner of any website, platform, or application to offer
fantasy sports contests in violation of this section. (Section 13)
Games of Chance by Lot
The bill makes it a third degree felony, to:
Set up, operate, conduct, promote, or receive in any manner whatsoever any money or other thing of value
offered for the purpose of conducting games of chance by lot;
Knowingly become the custodian or depositary of any money or other thing of value so offered; or
Aid, assist, abet, or influence in any manner in any of such acts. (Section 14)
Exempted Activities
The bill repeals a redundant section of law that exempts certain types of gaming from criminal violations and
penalties under the state gambling law. These activities – conduct approved in the 2021 Compact, amusement
games, pari-mutuel games, slot machine games, cardroom games, and bingo games - are authorized separately in
Florida laws. (Section 15)
Subsequent Lottery Offenses
The bill revises the first degree misdemeanor penalty for subsequent offenses of lottery convictions to specify that
second or subsequent violations for which there is no penalty specified must have the offense reclassified to an
offense of the next higher degree, instead of an automatic first degree misdemeanor, and adds penalties for
habitual offenders. (Section 16)
The bill also specifies that for purposes of sentencing, a felony offense that is reclassified under this provision is
ranked one level above the ranking under s. 921.0022 or s. 921.0023, F.S., of the felony offense committed. (Section
16)
Betting on Trials or Contests of Skill
The bill revises the third degree felony for anyone who stakes, bets, or wagers any money or other thing of value
upon the result of any trial or contest of skill, to adds penalties for habitual offenders. (Section 17)
Slot Machines
The bill increases penalties for operators of businesses that manufacture, sell, or possess illegal slot machines, as
follows:
Creates the following graduated scale of criminal penalties:
o Makes it a first degree misdemeanor, for general violations.
o Makes it a third degree felony, for violations if:
At the time of the violation, the person was a person of authority; or
The person has one prior conviction for a violation.
o Makes it a second degree felony, for violations that also include:
At the time of the violation, the person was a person of authority; and
The violation involves five or more slot machines or devices; or
The person has two or more prior convictions for a violation. (Section 18)
Defines:
o "Conviction" as a determination of guilt that is the result of a plea or a trial, regardless of whether
adjudication is withheld or a plea of nolo contendere is entered.
o "Ownership interest" as being an officer, director, or managing member of a business,
establishment, premises, or other location at which a slot machine or device is offered for play.
o "Person of authority" as a person who, at any business, establishment, premises, or other location at
which a slot machine or device is offered for play, has:
Actual authority to act on behalf of the business, establishment, premises, or other location;
or
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Any ownership interest in the business, establishment, premises, or other location. (Section
18)
Trafficking Slot Machines
The bill prohibits trafficking in slot machines or devices. Specifically, the bill creates a first degree felony for
knowingly selling, purchasing, manufacturing, transporting, delivering, or bringing into this state more than 15 slot
machines or devices or any part thereof, and provides the following schedule of fines for violations:
$100,000 fine, if the offense involved more than 15, but less than 25 slot machines or devices or any parts
thereof.
$250,000 fine, if the offense involved 25 or more, but less than 50 slot machines or devices or any parts
thereof.
$500,000 fine, if the offense involved 50 or more slot machines or devices or any parts thereof. (Section 19)
The bill provides an exemption for the transportation of slot machines as provided for in 15 U.S.C. SS. 1171-1177.
The bill directs all fines imposed and collected pursuant to this section to be deposited into the Pari-mutuel
Wagering Trust Fund and used by the Commission for the enforcement of chapters 546, 550, 551, and 849, F.S.
(Section 19)
Making False or Misleading Statements Regarding Legality of Slot Machines
The bill makes it a third-degree felony to knowingly and willfully make a materially false or misleading statement
or disseminating false or misleading information regarding the legality of a slot machine or device for the purpose
of facilitating the sale or delivery of a slot machine or device. (Section 20)
The bill makes it a second degree felony for violations that involve five or more slot machines or devices. (Section
20)
Catchall Criminal Penalties
The bill repeals a catchall provision for many of the crimes related to gambling because the bill creates penalties in
each individual criminal section. (Section 21)
Transporting Persons to Facilitate Illegal Gambling
The bill creates the following penalties for transporting certain persons to facilitate illegal gambling:
First degree misdemeanor, for knowingly and willfully transporting, or procuring the transportation of,
five or more other persons into or within this state when a person knows or reasonably should know such
transportation is for the purpose of facilitating illegal gambling.
Third degree felony, if the violation includes:
o The transport, or procurement of transportation of:
A minor or a person 65 years of age or older; or
12 or more persons.
o Second or subsequent violations. (Section 22)
The bill defines the term “illegal gambling” as any criminal violation of chapters 546, 550, 551, or 849, F.S., that
occurs at any business, establishment, premises, or other location. (Section 22)
Preemption
The bill prohibits a county, municipality, or other political subdivision of the state from enacting or enforcing any
ordinance or local rule relating to gaming, gambling, lotteries, or any activities described in s. 546.10, F.S., or ch.
849, F.S., except as otherwise expressly provided by the State Constitution, general law, or special law. (Section 23)
Criminal Punishment Code
The bill also amends the criminal punishment code to increase the OSRC ranking for specified gaming offenses.
(Section 24)
Effective Date
The effective date of the bill is October 1, 2025. (Section 27)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The fiscal impact to state government is indeterminate. The bill may have an indeterminate positive impact on the
prison bed population by creating new gaming offenses, increasing penalties for specified current gaming offenses,
and listing specified gaming offenses on the OSRC, which may result in increased admissions to jail and prison
facilities and offenders serving longer terms of incarceration in such facilities.
The bill also creates new criminal fines for specified violations relating to illegal gambling and fantasy sports
contests. This may create a positive fiscal impact to state governmental entities that receive proceeds from the
related fines. This may also create a negative fiscal impact to those entities relating to administration of
enforcement.
Specifically, the Commission may experience an increase in revenues resulting from increased confiscation of
contraband under the bill. The bill also requires all fines imposed and collected for violations of trafficking in slot
machines or devices to be deposited into the Pari-mutuel Wagering Trust Fund and authorizes the use of such
funds by the Commission of the enforcement of chapters 546, 550, 551, and 849, F.S.
The Criminal Justice Impact Conference has not yet adopted an estimate for this bill.
LOCAL GOVERNMENT:
The fiscal impact to local government is indeterminate. The bill may have an indeterminate positive impact on the
jail bed population by creating new gaming offenses, increasing penalties for specified current gaming offenses,
and listing specified gaming offenses on the OSRC, which may result in increased admissions to jail facilities and
offenders serving longer terms of incarceration in such facilities.
The bill also creates new criminal fines for specified violations relating to illegal gambling. This may create a
positive fiscal impact to local governmental entities that receive proceeds from the related fines. This may also
create a negative fiscal impact to those entities relating to administration of enforcement.
PRIVATE SECTOR:
The bill may help to prevent or reduce illegal gambling, which may protect vulnerable populations and reduce
secondary criminal activity, including money laundering, drug trafficking, and violent crime.
Requiring fantasy sports contest operators to meet certain requirements in order to operate, and subjecting them
to civil and criminal penalties for violations, may result in a negative fiscal impact to such operators.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Gambling in Florida
Gambling is generally prohibited in Florida, unless specifically authorized. Gambling is defined in Florida law as
playing or engaging in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device
whatever, for money or other thing of value.1 The standard jury instructions for criminal cases in Florida provide
that in order to prove the crime of gambling, the state must prove the following three elements beyond a
reasonable doubt:2
Playing or engaging in a game of chance.
Risking money or property on the outcome of the game.
1
S. 849.08, F.S.
2
The Florida Bar, Criminal Jury Instructions Chapter 22, 22.1 Gambling, https://www.floridabar.org/rules/florida-standard-jury-
instructions/criminal-jury-instructions-home/criminal-jury-instructions/sji-criminal-chapter-22/ (last visited Feb. 21, 2024).
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5
Expecting to gain or lose money or property as a result of the game.
Gambling in Florida is highly regulated, and wagers on games that are not specifically authorized by law are
considered illegal.
Section 7, Art. X, of the Florida Constitution prohibits lotteries, other than pari-mutuel pools, from being conducted
in Florida.
Slot machines that are not operated by a licensed pari-mutuel facility or in accordance with a tribal compact or
specific law are illegal in Florida.
Chapter 849, F.S., includes prohibitions against slot machines, keeping a gambling house, engaging in bookmaking,
and running a lottery. However, a constitutional amendment approved by voters in 1986 authorized state-
operated lotteries, and a constitutional amendment in 2004 authorized slot machines in Miami-Dade and Broward
Counties.
The following gaming activities are also authorized by law and regulated by the state:
Pari-mutuel3 wagering;4
Gaming on tribal reservations in accordance with the federal Indian Gaming Regulatory Act and the 2021
Gaming Compact with the Seminole Tribe of Florida;
Slot machine gaming at certain licensed pari-mutuel locations in Miami-Dade County and Broward County;5
and
Cardrooms6 at certain pari-mutuel facilities.
Under the Florida Contraband Forfeiture Act,7 gambling proceeds, paraphernalia, and property may be seized as
contraband. For example, a vehicle used for transporting an illegal slot machine is subject to seizure.8
Chapter 849, F.S., also authorizes, under specific and limited conditions, the conduct of penny-ante games,9 bingo,10
charitable drawings,11 game promotions (sweepstakes),12 bowling tournaments,13 and skill-based amusement
games and machines at specified locations.14
3
“Pari-mutuel” is defined in Florida law as “a system of betting on races or games in which the winners divide the total amount bet,
after deducting management expenses and taxes, in proportion to the sums they have wagered individually and with regard to the odds
assigned to particular outcomes. See s. 550.002(22), F.S.
4
See ch. 550, F.S., relating to the regulation of pari-mutuel activities.
5
See FLA. CONST., art. X, s. 23, and ch. 551, F.S.
6
S. 849.086(2)(c), F.S., defines “cardroom” to mean “a facility where authorized card games are played for money or anything of
value and to which the public is invited to participate in such games and charged a fee for participation by the operator of such
facility.”
7
Ss. 932.701-932.706, F.S., comprise the Florida Contraband Forfeiture Act.
8
S. 849.36, F.S.
9
S. 849.085, F.S.
10
S. 849.0931, F.S.
11
S. 849.0935, F.S.
12
S. 849.094, F.S., authorizes game promotions in connection with the sale of consumer products or services.
13
S. 849.141, F.S.
14
S. 546.10, F.S.
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6
Florida Gaming Control Commission
The Commission is a five-member regulatory body that is responsible for exercising all regulatory and executive
powers of the state with respect to gambling, including pari-mutuel wagering, cardrooms, slot machine facilities,
oversight of gaming compacts, and other forms of gambling authorized by the State Constitution or law, excluding
the state lottery.15 The Commission is also the State Compliance Agency responsible for monitoring compliance
with the provisions of the Gaming Compact between the Seminole Tribe of Florida and the State of Florida.16
The Division of Gaming Enforcement (Division) is a criminal justice agency17 tasked with the enforcement of
Florida's gambling laws to combat illegal gambling activities.18 While every law enforcement officer in the state of
Florida has the authority to make arrests for violations of Florida’s gambling laws, the Division is the first law
enforcement agency whose primary responsibility is investigating illegal gambling.19
Illegal Gambling
According to reports, illegal gambling operations targeting vulnerable aging populations in Florida are increasing.
The activity has especially grown since the pandemic with an “explosion of illegal gambling lounges opening up
with unregulated slot machines.”20
According to the Commission, “some of them register as amusement arcades through the Department of Revenue,
which means they're acting like a Dave and Buster's or a Chuck E. Cheese, but in reality, they're offering illegal
gambling devices such as slot machines. If the game has any element of chance built into it, under Florida statute,
it's considered an illegal gambling device. They have the ability to dial up the winnings to entice play. Once they get
a packed house, they dial down the winnings to almost zero. Then at that point, they're just stealing and using
predatory practices and taking money from Florida's senior population.”21
In 2023, the Commission investigated several illegal slot machine businesses operating in the state, and found
that:22
The scope of the problem is much larger than initially anticipated.
There are significant adverse harms associated with the activity.
Successfully shutting down such businesses will require collaborative and coordinated efforts.
Obstacles will continue to evolve but can be overcome.
According to the Commission, during the 2023-2024 fiscal year, the Commission received over 2,000 complaints of
unauthorized, illegal, or otherwise criminal gaming activities. These illegal gaming activities include backroom
poker games, illegal slot machines and casinos, and illegal sports betting websites that fail to pay out wagers.23
The Commission participated in the following enforcement activities from the past fiscal year:24
Nearly 1,000 illegal slot machines seized (with nearly 1,200 more to date in FY 2024-2025);
More than $3.3 million of illicit funds seized (with nearly $700,000 more to date in FY 2024-2025);
More than a dozen illegal casinos closed; and
Outreach and ongoing collaboration with dozens of local, state, and federal law enforcement agencies.
15
See ss. 16.71-16.716, F.S.
16
S. 285.710, F.S.
17
S. 16.711(1), F.S.
18
Florida Gaming Control Commission, Annual Report Fiscal Year 2022-2023, pg. 6, https://flgaming.gov/pmw/annual-
reports/docs/2022-2023%20FGCC%20Annual%20Report.pdf (last visited Feb. 21, 2024).
19
Florida Gaming Control Commission, Gaming Enforcement, https://flgaming.gov/enforcement/ (last visited Feb. 21, 2024).
20
Jordan Brown, Florida seniors warned to be cautious of shady slot machines, FOX 13 Tampa Bay (May 23, 2023),
https://www.fox13news.com/news/illegal-gambling-operations-in-florida-re-targeting-aging-populations (last visited Mar. 25, 2025).
21
Id.
22
Florida Gaming Control Commission, Presentation to the House Regulatory Reform & Economic Development Subcommittee,
(Oct. 17, 2023).
23
Florida Gaming Control Commission, Gaming Enforcement Investigations and Actions, Annual Report 2023-2024, at pg. 8,
https://flgaming.gov/pmw/annual-reports/docs/2023-2024-FGCC-Annual-Report.pdf (last visited Mar. 25, 2025).
24
Id.
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Commission Annual Report
By December 1 of each year, the Commission is required to make an annual report to the Governor, the President
of the Senate, and the Speaker of the House of Representatives. The report must include, in part, a summary of
actions taken and investigations conducted by the Commission.25
Commission Appointment and Employment Restrictions
Commissioners and Commission employees are restricted from certain activities for two years before and after
their appointment or employment with the Commission. The restricted activities include:26
Being permitted or licensed to conduct pari-mutuel wagering, slot machine gaming, a cardroom, other
authorized gaming, or an officer, official, employee, or equitable owner27 of such permitholder or licensee.
Being an officer, official, employee, other person with duties or responsibilities, contractor, or ultimate
equitable owner relating to a gaming operation owned by an Indian tribe that has a valid and active
compact with the state;
Being a registered lobbyist for the executive or legislative branch, except while a commissioner or
employee of the commission when officially representing the commission or while employed by a state
agency during the normal course of employment; or
Being a bingo game operator or an employee of a bingo game operator.
Commission Standards of Conduct
Commissioners, Commission employees, and certain family members are restricted from certain activities during
service or employment and for 2 years after service or employment. The restricted activities, in part, include: 28
Employment or business activities: While employed, and for 2 years after service as a Commissioner or
for 2 years after employment with the Commission, a Commissioner or an employee may not accept any
form of employment with or engage in any business activity with any business entity that, either directly or
indirectly, owns or controls any person regulated by the Commission; any person regulated by the
Commission; or any business entity that, either directly or indirectly, is an affiliate or subsidiary of any
person regulated by the Commission.
Financial interests: While employed, and for 2 years after service as a commissioner or for 2 years after
employment with the Commission, a Commissioner, an employee, or a relative living in the same household
as a Commissioner or an employee may not have any financial interest, other than shares in a mutual fund,
in any person regulated by the Commission; in any business entity that, either directly or indirectly, owns
or controls any person regulated by the Commission; or in any business entity that, either directly or
indirectly, is an affiliate or a subsidiary of any person regulated by the Commission. If a Commissioner, an
employee, or a relative living in the same household as a Commissioner or an employee acquires any
financial interest prohibited by this subsection during the Commissioner’s term of office or the employee’s
employment with the Commission as a result of events or actions beyond the Commissioner’s, the
employee’s, or the relative’s control, he or she shall immediately sell such financial interest.
Former Commissioners and Employees
Commissioners are prohibited, for the 2 years immediately following the date of resignation or termination, from:29
Being permitted or licensed to conduct pari-mutuel wagering, slot machine gaming, a cardroom, other
authorized gaming, or an officer, official, employee, or equitable owner of such permitholder or licensee.
Being employed or compensated by anyone regulated by the Commission or by a business entity or trade
association that has been a party to a Commission proceeding within the 2 years preceding the member’s
resignation or termination of service on the Commission; or
Being a bingo game operator or an employee of a bingo game operator.
25
S. 16.712(3)(h), F.S.
26
S. 16.713(2)(a), F.S.
27
S. 550.002(37), F.S., defines “ultimate equitable owner” as a “natural person who, directly or indirectly, owns or controls 5 percent
or more of an ownership interest in a corporation, foreign corporation, or alien business organization, regardless of whether such
person owns or controls such ownership through one or more natural persons or one or more proxies, powers of attorney, nominees,
corporations, associations, partnerships, trusts, joint stock companies, or other entities or devices, or any combination thereof.”
28
S. 16.715(1)(b), F.S.
29
S. 16.715(2)(b), F.S.
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Commission employees are also prohibited from, for the 2 years immediately following the date of termination or
resignation from employment with the Commission, the following activities:30
Being permitted or licensed to conduct pari-mutuel wagering, slot machine gaming, a cardroom, other
authorized gaming, or an officer, official, employee, or equitable owner of such permitholder or licensee.
Being a bingo game operator or an employee of a bingo game operator.
Pari-mutuel Wagering
The Florida Pari-mutuel Wagering Act (Act)31 provides specific permitting and licensing requirements for the
conduct of the pari-mutuel industry.32 Pari-mutuel wagering activities are limited to operators who have received a
permit from the Division, which is then subject to ratification by county referendum.33 Permitholders apply for an
operating license annually to conduct pari-mutuel wagering activities.34 Certain permitholders are also authorized
to operate cardrooms35 and slot machines at their facility.36
The Act generally requires that any transfer or assignment of a permit receive prior approval37 by the Commission,
which must determine the eligibility38 of persons and entities to hold a permit. Similarly, if a permit is held by a
corporation or business entity other than an individual, the transfer of ten percent or more of the stock or other
evidence of ownership or equity in the permitholder may not be made without the prior approval of the transferee
by the Commission.39
Ultimate Equitable Owner
“Ultimate equitable owner” is defined as “a natural person who, directly or indirectly, owns or controls 5 percent
or more of an ownership interest in a corporation, foreign corporation, or alien business organization, regardless
of whether such person owns or controls such ownership through one or more natural persons or one or more
proxies, powers of attorney, nominees, corporations, associations, partnerships, trusts, joint stock companies, or
other entities or devices, or any combination thereof.”40
Changes in Ownership Requirements
A pari-mutuel wagering permit may not be transferred or assigned except upon written approval by the
Commission, except that the holder of any permit that has been converted to a jai alai permit may lease or build
anywhere within the county in which its permit is located.41 The requirements are based on percentages of changes
in ownership interest, as follows:
If a permit is held by a corporation or business entity other than an individual, the transfer of 10 percent or
more of the stock or other evidence of ownership or equity in the permitholder may not be made without
the prior approval of the transferee by the Commission.42
Changes in ownership or interest of a pari-mutuel permit of 5 percent or more of the stock or other
evidence of ownership or equity in the permitholder must be approved by the Commission prior to such
change, unless the owner is an existing owner of that permit who was previously approved by the
Commission.43
30
S. 16.715(3)(c), F.S.
31
Ch. 550, F.S.
32
S. 550.054(1), F.S.
33
S. 550.054(2), F.S.
34
S. 550.0115, F.S.
35
S. 849.086, F.S.
36
S. 551.104, F.S.
37
There is one exception to the prior-approval requirement in s. 550.054(11)(a), F.S., which is that the holder of a permit converted to
a jai alai permit “may lease or build anywhere within the county in which its permit is located.” As of 2021, such conversions are
prohibited. See s. 550.054(15)(d), F.S.
38
See s. 550.1815, F.S.
39
S. 550.054(11)(b), F.S.
40
S. 550.002(37), F.S.
41 S. 550.054(11)(a), F.S.
42 S. 550.054(11)(b), F.S.
43 S. 550.054(12), F.S.
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9
Changes in ownership or interest of a pari-mutuel permit of less than 5 percent shall be reported to the
Commission within 20 days of the change. The Commission may then conduct an investigation to ensure
that the permit is properly updated to show the change in ownership or interest.44
Escheated Harness Horse Permits
Currently, the tax on handle for live harness horse performances is 0.5 percent of handle per performance.45 The
permit of a harness horse permitholder who is conducting live harness horse performances and who does not pay
tax on handle for any such performances conducted during any 2 consecutive state fiscal years is void and may not
be reissued unless such failure to operate and pay tax on handle was the direct result of fire, strike, war, hurricane,
pandemic, or other disaster or event beyond the ability of the permitholder to control. Financial hardship does not
constitute just cause for failure to operate and pay tax on handle.46
The Commission is authorized to reissue an escheated harness horse permit to a qualified applicant for the
issuance of an initial permit without having to satisfy the referendum requirements for a pari-mutuel permit. As
specified in the application and upon approval by the Commission, the new permitholder is authorized to operate a
harness horse facility anywhere in the same county in which the escheated permit was authorized to be operated,
notwithstanding the provisions of s. 550.054(2), F.S., relating to mileage limitations.47
Escheated Thoroughbred Permits
Currently, the tax on handle for thoroughbred horserace performances is 0.5 percent of handle per performance.48
The permit of a thoroughbred permitholder who is conducting thoroughbred performances and who does not pay
tax on handle for any such performances conducted during any 2 consecutive state fiscal years is void and may not
be reissued unless such failure to operate and pay tax on handle was the direct result of fire, strike, war, hurricane,
pandemic, or other disaster or event beyond the ability of the permitholder to control. Financial hardship does not
constitute just cause for failure to operate and pay tax on handle.49
The Commission is authorized to reissue an escheated thoroughbred horse permit to a qualified applicant for the
issuance of an initial permit without having to satisfy the referendum requirements for a pari-mutuel permit. As
specified in the application and upon approval by the Commission, the new permitholder is authorized to operate a
thoroughbred horse facility anywhere in the same county in which the escheated permit was authorized to be
operated, notwithstanding the provisions of s. 550.054(2), F.S., relating to mileage limitations.50
Bribery in Athletic Contests
Currently, bribery in athletic contests is a third degree felony. The law applies to:51
Anyone who gives, promises, or offers a bribe, money, goods, or any valuable thing with the intent to
influence a participant, official, owner, manager, coach, trainer, or relative of a participant to lose or cause
to be lost any game, contest, match, race, or sport, or to limit the margin of victory, or to fix or throw any
game;
Any participant or prospective participant in any professional or amateur game, contest, match, race or
sport, including officials, owners, coaches, trainers, or their relatives.
Keeping a Gambling House
Currently, it is a second degree misdemeanor52 to keep a gambling house.53 Specifically, a person is guilty of this
offense if he or she:
Habitually keeps, exercises, or maintains, for the purpose of gaming or gambling:54
44 Id.
45 S. 550.09512(2)(a), F.S.
46 S. 550.09512(3)(a), F.S.
47 S. 550.09512(3)(b), F.S.
48 S. 550.09515(2)(a), F.S.
49 S. 550.09515(3)(a), F.S.
50 S. 550.09515(3)(b), F.S.
51 S. 838.12, F.S.
52
See ss. 775.082 and 775.083, F.S.
53
s. 849.01, F.S. (A second degree misdemeanor is punishable by up to 60 days in jail and a fine up to $500).
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o A gaming table or room;
o Gaming implements;
o Gaming apparatus; or
o A house, booth, tent, shelter, or other place.
Such penalty also applies to:
Agents or employees of a keeper of a gambling house.55
Anyone renting a house for gambling purposes.56
Cardrooms
Currently, cardrooms are authorized at certain pari-mutuel facilities.57 Under current law, notwithstanding any
other provision of law, a pari-mutuel permitholder (other than a limited thoroughbred permitholder) may not be
issued a license for the operation of a cardroom if the permitholder did not hold an operating license for the
conduct of pari-mutuel wagering for Fiscal Year 2020-2021.58 An initial cardroom license may be issued to a pari-
mutuel permitholder only after its facilities are in place and after it conducts its first day of pari-mutuel activities
on live racing or games.59
A licensed pari-mutuel permitholder that holds a valid pari-mutuel permit may hold a cardroom license
authorizing the operation of a cardroom and the conduct of authorized games at the cardroom.60 An authorized
game is a game or series of games of poker or dominoes.61 Such games must be played in a non-banking manner,62
where the participants play against each other, instead of against the house (cardroom).
Prohibited activities of cardrooms include the following:63
Conducting any banking game or game not specifically authorized, or any game that violates the exclusivity
provided in the gaming compact.
Allowing persons under 18 years of age to hold a cardroom or employee license, or engage in any game.
Allowing electronic or mechanical devices, except mechanical card shufflers to be used to conduct any
authorized game in a cardroom.
Allowing cards, game components, or game implements to be used in playing an authorized game unless
such has been furnished or provided to the players by the cardroom operator.
Fantasy Sports Contests
Generally, fantasy sports contests are any of a number of games that permit a person to pay an entry fee and play
either a virtual game or a virtual season of a sport based on the performance statistics of real sports players. The
player acts as both general manager and field manager of their team by building a roster through a draft and
trades. Players make lineups in pursuit of statistically beating other players. The term “commissioner” has been
used in the context of fantasy leagues to denote a person who manages a fantasy league, establishes league rules,
resolves disputes over rule interpretations, publishes league standings, or selects the Internet service for
publication of league standings.64
54
s. 849.01, F.S.; Ferguson v. State, 377 So. 2d 709, 711 (Fla. 1979) (requiring an element of "habitualness" for a conviction under s.
849.01, F.S.).
55 S. 849.02, F.S.
56 S. 849.03, F.S.
57 S. 849.086, F.S.; S. 849.086(2)(c), F.S., defines “cardroom” to mean a facility where authorized games are played for money
or anything of value and to which the public is invited to participate in such games and charged a fee for participation by the
operator of such facility.
58 S. 849.086(5), F.S.
59 Id.
60 Ss. 849.086(5) and (6), F.S.
61 See s. 849.086(2)(a), F.S.
62 Id.
63 S. 849.086(12), F.S.
64 See Bernhard & Eade, Gambling in a Fantasy World: An Exploratory Study of Rotisserie Baseball Games, 9 UNLV Gaming
Research & Review Journal Issue 1, at 30, at http://digitalscholarship.unlv.edu/grrj/vol9/iss1/3/ (last visited Mar. 25, 2025).
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Daily fantasy sports contests are an accelerated version of fantasy sports contests, which are played across a
shorter period of time. For example, daily fantasy contests may be played over a single week in a season, rather
than the entire season. Daily fantasy contests are typically played as "contests" which require an entry fee. The fee
funds an advertised prize pool from which the fantasy contest operator (such as FanDuel or DraftKings) takes a
percentage as revenue.65 The legality of daily fantasy contests has been challenged in many states and jurisdictions,
with some critics arguing that the contests more closely resemble proposition wagering on athlete performance
than traditional fantasy contests.
Legality of Fantasy Sports Contests in Florida
Florida law does not specifically address fantasy sports contests. Currently, there is no constitutional, statutory, or
regulatory framework expressly allowing for fantasy contests to be conducted in Florida. Moreover, Florida courts
have not addressed whether Florida’s constitutional and statutory prohibitions on gambling apply to fantasy
contests. Florida’s Attorney General has opined in the past that certain fantasy contests appear to violate state
gambling laws.66
Current law provides that a stake, bet, or wager of money or another thing of value placed "upon the result of any
trial or contest of skill, speed, power, or endurance of human or beast" is unlawful. Receiving money or acting as
the custodian or depositary of money as part of such a stake, bet, or wager is also unlawful.67
Florida's anti-bookmaking law, defines bookmaking as "the act of taking or receiving, while engaged in the
business or profession of gambling, any bet or wager upon the result of any trial or contest of skill, speed, power, or
endurance of human, beast, fowl, motor vehicle, or mechanical apparatus or upon the result of any chance,
casualty, unknown, or contingent event whatsoever."68 The law includes factors that are to be considered evidence
of bookmaking, including charging a percentage on accepted wagers, receiving more than five wagers in a day, and
receiving over $500 in total wagers in a single day or over $1500 in a single week.69
On January 8th, 1991, Florida Attorney General (AG) provided an advisory legal opinion70 regarding whether
participation in a fantasy sports league violated Florida's gambling laws. The opinion concluded that the operation
of a fantasy league would violate s. 849.14, F.S., and that since the fantasy sports league's entry fee was used to
make up the prizes, it qualified as a "stake, bet, or wager" under Florida law.71 The AG stated that, "while the skill of
the individual contestant picking the members of the fantasy team is involved, the prizes are paid to the
contestants based upon the performance of the individual professional football players in actual games."72
The AG concluded that contests in which the skill of the contestant predominates over the element of chance, such
as in certain sports contests, are not prohibited lotteries. As an example, he noted that golf and bowling
tournaments were contests of skill and were not prohibited. He considered that "it might well be argued that skill
is involved in the selection of a successful fantasy team by requiring knowledge of the varying abilities and skills of
the professional football players who will be selected to make up the fantasy team."73
Recently, the Commission has issued cease and desist correspondence to various companies operating fantasy
contests in the state concerning possible violations of Florida’s gambling laws. The letters have generated
65
Adam Kilgore, The Washington Post, Daily fantasy sports Web sites find riches in Internet gaming law loophole, (Mar. 27, 2015)
https://www.washingtonpost.com/sports/daily-fantasy-sports-web-sites-find-riches-in-internet-gaming-law-
loophole/2015/03/27/92988444-d172-11e4-a62f-ee745911a4ff_story.html, (last visited Mar. 25, 2025).
66
91-03 Fla. Op. Att'y Gen. (1991).
67 S. 849.14, F.S.
68 S. 849.25, F.S.
69
S. 849.25(1)(b), F.S.
70
91-03 Fla. Op. Att'y Gen. (1991).
71
Creash v. State, 131 Fla. 111, 118 (Fla. 1938).
72
91-03 Fla. Op. Att'y Gen. (1991).
73
Id. Also, a 1990 Florida Attorney General advisory legal opinion provides that a golf hole-in-one contest, which is an exercise of
skill, with an entry fee where such fee does not go toward the purse or prize does not violate the state’s gambling laws. 90-58 Fla. Op.
Att’y Gen. (1990).
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controversy, concern, and interest from contest operators, elected officials, and the Seminole Tribe of Florida,
which has entered into gaming compacts with the state.74
Legality of Fantasy Sports in Federal Law
The federal Unlawful Internet Gambling Enforcement Act of 200675 (UIGEA) prohibits the processing of certain
online financial wagering to prevent payment systems from being used in illegal online gambling. The UIGEA
prohibits gambling businesses from knowingly accepting payments in connection with a "bet or wager" that
involves the use of the Internet and that is unlawful under any federal or state law.
The UIGEA expressly states that participation in fantasy or simulation sports contests is not included in the
definition of “bet or wager”76 when certain conditions are met. For purposes of the UIGEA, participation in a
fantasy or simulation sports contest is not a bet or wager when:
• Prizes and awards offered to winning participants are established and made known in advance of the game
or contest and the value is not determined by the number of participants or amount of fees paid by the
participants.
• Winning outcomes reflect the relative knowledge and skill of the participants and are determined
predominantly by accumulated statistical results of the performance of individuals.
• Winning outcomes are not based on the score, point spread, or any performance of any single sports team
or combination of such teams or solely on a single performance of an individual athlete in a single sporting
event.
Contest operators argue that they are legal under the UIGEA. In Humphrey v. Viacom, Inc., the court determined that
because the entry fee was paid "unconditionally," the owner did not participate, and the prizes were guaranteed
and determined in advance, the fantasy contest entry fees were not "wagers" under the act.77 However, although
the UIGEA exempts fantasy and simulation sports contests from the application of the UIGEA, it does not make such
contests legal generally. The UIGEA does not change or preempt any other federal or state law. As expressed in the
Rule of Construction in the UIGEA, "no provision of this subchapter shall be construed as altering, limiting, or
extending any federal or state law or tribal-state compact prohibiting, permitting, or regulating gambling within
the United States."78 Therefore, any other state or federal law could apply.
The federal Illegal Gambling Business Act of 1970 (IGBA)79 defines an "illegal gambling business" as a gambling
business that is in violation of the law of the state in which it is conducted, involves five or more persons who
conduct or manage all or part of such business, and that has been in continuous operation for a period of more than
30 days or has a gross revenue of $2000 in a single day. The IGBA specifically exempts savings promotion raffles
and bingo games, lotteries, or other games of chance operated by certain non-profit corporations.80 An employee or
company that has violated the IGBA is subject to penalties including fines, forfeiture of profits and assets, and
imprisonment for up to 5 years.
Fantasy Sports Contests in the 2021 Gaming Compact
The Seminole Indian Tribe of Florida (the Tribe) is a federally recognized Indian tribe whose reservations and trust
lands are located in the State. A Gaming Compact between the Tribe and the State of Florida was executed by
Governor Ron DeSantis and the Tribe on April 23, 2021 (the 2021 Compact). The 2021 Compact was approved by
the U.S. Department of the Interior on August 6, 2021, and became effective upon the publication of notice in the
Federal Register on August 11, 2021.81
74
Florida Trend, Questions Swirl Around Fantasy Sports, https://www.floridatrend.com/article/38854/questions-swirl-around-
fantasy-sports (last visited Mar. 25, 2025).
75
31 U.S.C. § 5361-5366 (2006).
76
31 U.S.C. § 5362(1) (2006).
77
Humphrey v. Viacom, Inc., 2007 WL 1797648 (D.N.J. June 20, 2007).
78
31 U.S..C. § 5361(b) (2006).
79
18 U.S.C. § 1995 (1970).
80
See 26 U.S.C. § 501.
81
Fed. Register, Vol. 86, No. 153 at 44037.
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Under the 2021 Compact, "fantasy sports contest" means a fantasy or simulation sports game or contest offered by
a contest operator or a noncommercial contest operator in which a contest participant manages a fantasy or
simulation sports team composed of athletes from a professional sports organization and that meets each of the
following requirements:
• All prizes and awards offered to winning contest participants are established and made known to the
contest participants in advance of the game or contest.
• All winning outcomes reflect the relative knowledge and skill of the contest participants and are
determined predominantly by accumulated statistical results of the performance of individuals, including
athletes in the case of sporting events.
• No winning outcome is based on the score, point spread, or any performance or performances of any single
actual team or combination of such teams, solely on any single performance of an individual athlete or
player in any single actual event, on a pari-mutuel event, as the term "pari-mutuel" is defined in s. 550.002,
Florida Statutes, as of January 1, 2021, on a game of poker or other card game, or on the performances of
participants in collegiate, high school, or youth sporting events.
• No casino graphics, themes, or titles, including, but not limited to, depictions of slot machine-style symbols,
cards, dice, craps, roulette, or lotto, are displayed or depicted.
The 2021 Compact allows the Tribe to offer fantasy sports contests at all their facilities. However, the 2021
Compact does not include fantasy sports contests in the games for which the Tribe is granted exclusivity to conduct
in the state.
Games of Chance by Lot
Currently, it is a second degree misdemeanor to set up, promote or play any game of chance by lot or with dice,
cards, numbers, hazards or any other gambling device whatever for, or for the disposal of money or other thing of
value or under the pretext of a sale, gift or delivery thereof, or for any right, share or interest.82
Exempted Activities
Currently, gaming conducted under the 2021 Compact, amusement games, pari-mutuel games, slot machine games,
cardroom games, and bingo games, are exempt from violations and penalties under the state gambling law.83
Subsequent Lottery Offenses
Currently, it is a first degree misdemeanor to be convicted of a subsequent offense forbidden by law in connection
with lotteries.84
Betting on Trials or Contests of Skill
Currently, it is a third degree felony for anyone who:85
Stakes, bets, or wagers any money or other thing of value upon the result of any trial or contest of skill,
speed or power or endurance of human or beast;
Receives in any manner whatsoever any money or other thing of value staked, bet, or wagered, or offered
for the purpose of being staked, bet, or wagered, by or for any other person upon any such result;
Knowingly becomes the custodian or depositary of any money or other thing of value so staked, bet, or
wagered upon any such result; or
Aids, assists, abets, or influences in any manner in any of such acts.
Slot Machines
In Florida, a slot machine is defined as a machine or device that:86
Is activated by inserting something of value (money, coin, account number, code, or other object or
information);
Is caused to operate or operated by a user by application of skill, element of chance, or other outcome
that is unpredictable to the user; and
82 S. 849.11, F.S.
83 S. 849.142, F.S.
84 S. 849.13, F.S.
85 S. 849.14, F.S.
86
S. 849.16(1), F.S.
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The user receives or is entitled to receive something of value or additional chances or rights to use the
device or machine.
There is a rebuttable presumption that a device, system, or network is a prohibited slot machine or device if it is
used to display images of games of chance and is part of a scheme involving any payment or donation of money or
its equivalent and awarding anything of value.87
Slot machines are only authorized in licensed pari-mutuel facilities located in Miami-Dade and Broward counties
and on tribal property.88 At any location other than licensed pari-mutuel facilities, it is a violation to “manufacture,
own, store, keep, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for sale or lease, or
to offer to sell, rent, lease, let on shares, lend or give away, or permit the operation of any slot machine or device or
any part thereof.”89
A person who violates the prohibitions90 against manufacturing, selling, or possessing slot machines or devices
commits a:91
Second degree misdemeanor upon a first conviction.92
First degree misdemeanor upon a second conviction.93
Third degree felony upon a third or subsequent conviction, and the person is deemed a “common
offender.”94
Unlicensed slot machines are illegal in Florida and are considered “contraband.” Relating to contraband, Florida
law specifies, “the right of property in and to any [illegal slot machine or device] and to all money and other things
of value therein, is declared not to exist in any person, and…shall be forfeited…to the county in which the seizure
was made.”95
Florida law also provides that all sums of money and other value used, displayed in, or connected with illegal
gambling or an illegal gambling device contrary to the laws of this state shall be forfeited.96
Pursuant to the federal Johnson Act, Florida law allows the shipment of gaming devices including slot machines
into this state provided the destination of the shipment is an eligible slot machine facility, or the facility of a slot
machine manufacturer or slot machine distributor.97
Preemption
Florida law recognizes two types of preemption: express and implied. Express preemption requires a specific
legislative statement; it cannot be implied or inferred.98 To expressly preempt a subject area, the Legislature must
use clear statutory language stating its intention to do so.99 Implied preemption occurs when the Legislature has
demonstrated an intent to preempt an area, though not expressly. Florida courts find implied preemption when
“the legislative scheme is so pervasive as to evidence an intent to preempt the particular area, and where strong
public policy reasons exist for finding such an area to be preempted by the Legislature.”100
87
S. 849.16(3), F.S.
88
S. 551.101, F.S.
89
S. 849.15(1)(a), F.S.
90
Ss. 849.15, F.S. – 849.22, F.S.
91 S. 849.23, F.S.
92
A second degree misdemeanor is punishable by up to 60 days in county jail and a $500 fine. Ss. 775.082 or 775.083, F.S.
93
A first degree misdemeanor is punishable by up to one year in county jail and a $1,000 fine. Ss. 775.082 or 775.083, F.S.
94
A third degree felony is punishable by up to five years in prison and a $5,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
95
S. 849.19, F.S.
96
S. 849.12, F.S.
97
S. 849.15(2), F.S.
98
See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d
1011, 1018 (Fla. 2d DCA 2005).
99
Mulligan, 934 So. 2d at 1243.
100
Tallahassee Mem. Reg. Med. Ctr., Inc. v. Tallahassee Med. Ctr., Inc., 681 So. 2d 826, 831 (Fla. 1st DCA 1996).
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Where state preemption applies, a local government may not exercise authority in that area.101 Whether a local
government ordinance or other measure violates preemption is ultimately decided by a court. If a local
government improperly enacts an ordinance or other measure on a matter preempted to the state, a person may
challenge the ordinance by filing a lawsuit. A court ruling against the local government may declare the preempted
ordinance void.102
Criminal Punishment Code
The Criminal Punishment Code (Code) applies to all felony offenses, except capital felonies, committed on or after
October 1, 1998.103 Noncapital felonies sentenced under the Code receive an offense severity level ranking (Levels
1-10), either by being specifically listed in the offense severity ranking chart104 (OSRC) or by default.105 Judges
must use the Code worksheet to compute a sentence score for each felony offender.106
Sentence points are assigned and accrue based on the level ranking assigned to the primary offense, additional
offenses, and prior offenses.107 Sentence points increase as the offense severity level increases from Level 1 (least
severe) to Level 10 (most severe). Sentence points may be added for victim injury, and increase based on the type
of injury and severity.108 Sentence points may also be added or multiplied for other factors including possession of
a firearm or the commission of certain offenses, such as drug trafficking.109 If an offense is unlisted on the OSRC, the
Code provides a ranking based on felony level.110 For example, an unranked third degree felony is a level 1
offense.111
If total sentence points equal or are less than 44 points, the lowest permissible sentence is any nonstate prison
sanction, unless the court determines that a prison sentence is appropriate. If total sentence points exceed 44
points, the lowest permissible sentence in prison months is calculated by subtracting 28 points from the total
sentence points and decreasing the remaining total by 25 percent.112 Absent mitigation,113 the permissible range
under the Code is generally the lowest permissible sentence scored up to and including the maximum penalty
provided under s. 775.082, F.S.114
The OSRC ranks the following third degree felony gaming violations as a Level 1 offense:115
Set up, promote, or conduct any lottery for money or for anything of value;116
Dispose of any money or other property of any kind whatsoever by means of any lottery;117
Conduct any lottery drawing for the distribution of a prize or prizes by lot or chance, or advertise any such
lottery scheme or device in any newspaper or by circulars, posters, pamphlets, radio, telegraph, telephone,
or otherwise; 118
101
D’Agastino v. City of Miami, 220 So. 3d 410 (Fla. 2017); Judge James R. Wolf and Sarah Harley Bolinder, The Effectiveness of
Home Rule: A Preemptions and Conflict Analysis, 83 Fla. B.J. 92 (June 2009).
102
See, e.g., Nat’l Rifle Ass’n of Am., Inc. v. City of S. Miami, 812 So. 2d 504 (Fla. 3d DCA 2002).
103
S. 921.002, F.S.
104
S. 921.0022, F.S.
105
S. 921.0023, F.S., addresses ranking unlisted felony offenses. For example, an unlisted felony of the third degree is ranked within
offense level 1.
106
S. 921.0024, F.S.
107
Id.
108
Id.
109
Id.
110
S. 921.0023, F.S.
111
Id.
112
S. 921.0022(2), F.S.
113
The court may “mitigate” or “depart downward” from the scored lowest permissible sentence if the court finds a mitigating
circumstance. Section 921.0026, F.S., provides a list of mitigating circumstances.
114
S. 921.0022(2), F.S.
115
S. 921.022(3)(a), F.S.
116
S. 849.09(1)(a)-(d), F.S.
117
Id.
118
Id.
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Aid or assist in the setting up, promoting, or conducting of any lottery or lottery drawing, whether by
writing, printing, or in any other manner whatsoever, or be interested in or connected in any way with any
lottery or lottery drawing; 119 and
Engaging in bookmaking.120
OTHER RESOURCES:
Florida Gaming Control Commission
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Budget Committee
Commerce Committee
119
Id.
120
S. 849.25(2), F.S.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1467 2025
1 A bill to be entitled
2 An act relating to gambling; amending s. 16.712, F.S.;
3 revising the contents of an annual report by the
4 Florida Gaming Control Commission; amending s. 16.713,
5 F.S.; prohibiting certain employment for a period
6 before or during service with the commission; amending
7 s. 16.715, F.S.; revising standards of conduct for the
8 commission; prohibiting certain post-employment
9 activities for former commissioners and employees for
10 a specified period; amending s. 550.002, F.S.;
11 revising the definition of the term "ultimate
12 equitable owner"; amending s. 550.054, F.S.; revising
13 when commission approval is needed for transfers of
14 stock or other evidence of ownership of certain pari-
15 mutuel permitholders; amending s. 550.09512, F.S.;
16 removing provisions requiring reissuance of escheated
17 harness horse permits; amending s. 550.09515, F.S.;
18 prohibiting reissuance of horse permits to certain
19 permitholders who do not pay tax on handle for live
20 races for a specified period; removing provisions
21 requiring reissuance of escheated horse permits;
22 amending s. 838.12, F.S.; prohibiting betting on
23 athletic contests with knowledge that the results are
24 prearranged or predetermined; providing criminal
25 penalties; amending s. 849.01, F.S.; revising criminal
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26 penalties for offenses involving keeping a gambling
27 house; amending s. 849.02, F.S.; increasing criminal
28 penalties for specified offenses by agents or
29 employees of a keeper of a gambling house; amending s.
30 849.03, F.S.; revising criminal penalties for offenses
31 involving renting a house for gambling purposes;
32 amending s. 849.086, F.S.; prohibiting specified
33 actions relating to manipulation of card games;
34 providing criminal penalties; creating s. 849.0932,
35 F.S.; defining the term "fantasy sports contest";
36 requiring such contests to meet specified
37 requirements; providing penalties for violations;
38 authorizing the commission to investigate and refer
39 violations for prosecution; authorizing enforcement
40 actions by the Attorney General and state attorneys;
41 providing criminal penalties for certain violations;
42 amending s. 849.11, F.S.; prohibiting certain offenses
43 related to games of chance; providing criminal
44 penalties; repealing s. 849.142, F.S., relating to
45 exempted activities; amending s. 849.13, F.S.;
46 providing enhanced criminal penalties for second or
47 subsequent violations of certain provisions; amending
48 s. 849.14, F.S.; revising criminal penalties for
49 betting or wagering on certain activities; amending s.
50 849.15, F.S.; providing definitions; providing
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51 criminal penalties for specified offenses relating to
52 the manufacture, possession, and sale of slot machines
53 or devices; creating s. 849.155, F.S.; prohibiting
54 trafficking in slot machines, devices, or parts
55 thereof; providing criminal penalties; providing for
56 the deposit of fines into a specified trust fund for
57 specified purposes; creating s. 849.157, F.S.;
58 prohibiting the making of a false or misleading
59 statement regarding the legality of slot machines or
60 devices for specified purposes; providing criminal
61 penalties; repealing s. 849.23, F.S., relating to
62 penalties for violations of specified provisions;
63 creating s. 849.47, F.S.; defining the term "illegal
64 gambling"; prohibiting the transportation of specified
65 numbers of persons or persons of certain ages for the
66 purpose of facilitating illegal gambling; providing
67 criminal penalties; creating s. 849.49, F.S.;
68 preempting to the state the regulation of gaming,
69 gambling, lotteries, or specified activities; amending
70 s. 921.0022, F.S.; ranking offenses for purposes of
71 the offense severity ranking chart of the Criminal
72 Punishment Code; amending ss. 772.102 and 895.02,
73 F.S.; conforming provisions to changes made by the
74 act; providing an effective date.
75
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76 Be It Enacted by the Legislature of the State of Florida:
77
78 Section 1. Paragraph (i) of subsection (3) of section
79 16.712, Florida Statutes, is redesignated as paragraph (k),
80 paragraph (h) of that subsection is amended, and new paragraphs
81 (i) and (j) are added to that subsection, to read:
82 16.712 Florida Gaming Control Commission authorizations,
83 duties, and responsibilities.—
84 (3) By December 1 of each year, the commission shall make
85 an annual report to the Governor, the President of the Senate,
86 and the Speaker of the House of Representatives. The report
87 must, at a minimum, include all of the following:
88 (h) A summary of actions taken and investigations
89 conducted by the commission, including the number of
90 investigations that led to criminal charges or an information
91 being filed and the resolution of such criminal case.
92 (i) The number of complaints received by the commission
93 categorized by subject matter or type of complaint and a summary
94 of the action taken on each complaint by the commission.
95 (j) A list of property seized by the commission during the
96 course of investigations, and the disposition of such property,
97 including a list of forfeiture actions.
98 Section 2. Paragraphs (a) and (b) of subsection (2) of
99 section 16.713, Florida Statutes, are amended to read:
100 16.713 Florida Gaming Control Commission; appointment and
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101 employment restrictions.—
102 (2) PROHIBITIONS FOR EMPLOYEES AND COMMISSIONERS; PERSONS
103 INELIGIBLE FOR APPOINTMENT TO AND EMPLOYMENT WITH THE
104 COMMISSION.—
105 (a) A person may not, for the 2 years immediately
106 preceding the date of appointment to or employment with the
107 commission and while appointed to or employed with the
108 commission:
109 1. Hold a permit or license issued under chapter 550 or a
110 license issued under chapter 551 or chapter 849; be an officer,
111 official, or employee of such permitholder or licensee; or be an
112 ultimate equitable owner, as defined in s. 550.002(37), of such
113 permitholder or licensee;
114 2. Be an officer, official, employee, or other person with
115 duties or responsibilities relating to a gaming operation owned
116 by an Indian tribe that has a valid and active compact with the
117 state; be a contractor or subcontractor of such tribe or an
118 entity employed, licensed, or contracted by such tribe; or be an
119 ultimate equitable owner, as defined in s. 550.002(37), of such
120 entity;
121 3. Be a registered lobbyist for the executive or
122 legislative branch, except while a commissioner or employee of
123 the commission when officially representing the commission or
124 unless the person registered as a lobbyist for the executive or
125 legislative branch while employed by a state agency as defined
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126 in s. 110.107 during the normal course of his or her employment
127 with such agency and he or she has not lobbied on behalf of any
128 entity other than a state agency during the 2 years immediately
129 preceding the date of his or her appointment to or employment
130 with the commission; or
131 4. Be a bingo game operator or an employee of a bingo game
132 operator; or
133 5. Be an employee, associate, owner, or contractor for any
134 person or entity that conducts or facilitates an activity
135 regulated, enforced, or investigated by the commission,
136 including fantasy sports contests and other betting activities.
137 (b) A person is ineligible for appointment to or
138 employment with the commission if, within the 2 years
139 immediately preceding such appointment or employment, he or she
140 violated paragraph (a) or solicited or accepted employment with,
141 acquired any direct or indirect interest in, or had any direct
142 or indirect business association, partnership, or financial
143 relationship with, or is a relative of:
144 1. Any person or entity who is an applicant, licensee, or
145 registrant with the commission; or
146 2. Any officer, official, employee, or other person with
147 duties or responsibilities relating to a gaming operation owned
148 by an Indian tribe that has a valid and active compact with the
149 state; any contractor or subcontractor of such tribe or an
150 entity employed, licensed, or contracted by such tribe; or any
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151 ultimate equitable owner, as defined in s. 550.002(37), of such
152 entity; or
153 3. Any person or entity that conducts or facilitates an
154 activity regulated, enforced, or investigated by the commission,
155 including fantasy sports contests and other betting activities.
156
157 For the purposes of this subsection, the term "relative" means a
158 spouse, father, mother, son, daughter, grandfather, grandmother,
159 brother, sister, uncle, aunt, cousin, nephew, niece, father-in-
160 law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
161 sister-in-law, stepfather, stepmother, stepson, stepdaughter,
162 stepbrother, stepsister, half brother, or half sister.
163 Section 3. Paragraph (b) of subsection (1) and paragraphs
164 (b) and (c) of subsection (2) of section 16.715, Florida
165 Statutes, are amended to read:
166 16.715 Florida Gaming Control Commission standards of
167 conduct; ex parte communications.—
168 (1) STANDARDS OF CONDUCT.—
169 (b)1. A commissioner or employee of the commission may not
170 accept anything from any business entity that, either directly
171 or indirectly, owns or controls any person regulated by the
172 commission or from any business entity that, either directly or
173 indirectly, is an affiliate or subsidiary of any person
174 regulated by the commission.
175 2. A commissioner or an employee may attend conferences,
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176 along with associated meals and events that are generally
177 available to all conference participants, without payment of any
178 fees in addition to the conference fee. Additionally, while
179 attending a conference, a commissioner or an employee may attend
180 meetings, meals, or events that are not sponsored, in whole or
181 in part, by any representative of any person regulated by the
182 commission and that are limited to commissioners or employees
183 only, committee members, or speakers if the commissioner or
184 employee is a member of a committee of the association of
185 regulatory agencies which organized the conference or is a
186 speaker at the conference. It is not a violation of this
187 subparagraph for a commissioner or an employee to attend a
188 conference for which conference participants who are employed by
189 a person regulated by the commission have paid a higher
190 conference registration fee than the commissioner or employee,
191 or to attend a meal or event that is generally available to all
192 conference participants without payment of any fees in addition
193 to the conference fee and that is sponsored, in whole or in
194 part, by a person regulated by the commission.
195 3. While employed, and for 2 years after service as a
196 commissioner or for 2 years after employment with the
197 commission, a commissioner or an employee may not accept any
198 form of employment with or engage in any business activity with
199 any business entity that, either directly or indirectly, owns or
200 controls any person regulated by the commission; any person
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201 regulated by the commission; or any business entity that, either
202 directly or indirectly, is an affiliate or subsidiary of any
203 person regulated by the commission; or be an employee,
204 associate, owner, or contractor for any person or entity that
205 conducts or facilitates an activity regulated, enforced, or
206 investigated by the commission, including fantasy sports
207 contests and other betting activities.
208 4. While employed, and for 2 years after service as a
209 commissioner or for 2 years after employment with the
210 commission, a commissioner, an employee, or a relative living in
211 the same household as a commissioner or an employee may not have
212 any financial interest, other than shares in a mutual fund, in
213 any person regulated by the commission; in any business entity
214 that, either directly or indirectly, owns or controls any person
215 regulated by the commission; or in any business entity that,
216 either directly or indirectly, is an affiliate or a subsidiary
217 of any person regulated by the commission; or be an employee,
218 associate, owner, or contractor for any person or entity that
219 conducts or facilitates an activity regulated, enforced, or
220 investigated by the commission, including fantasy sports
221 contests and other betting activities. If a commissioner, an
222 employee, or a relative living in the same household as a
223 commissioner or an employee acquires any financial interest
224 prohibited by this subsection during the commissioner's term of
225 office or the employee's employment with the commission as a
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226 result of events or actions beyond the commissioner's, the
227 employee's, or the relative's control, he or she shall
228 immediately sell such financial interest. For the purposes of
229 this subsection, the term "relative" has the same meaning as in
230 s. 16.713(2)(b).
231 5. A commissioner or an employee may not accept anything
232 from a party in a proceeding currently pending before the
233 commission.
234 6. A commissioner may not serve as the representative of
235 any political party or on any executive committee or other
236 governing body of a political party; serve as an executive
237 officer or employee of any political party, committee,
238 organization, or association; receive remuneration for
239 activities on behalf of any candidate for public office; engage
240 on behalf of any candidate for public office in the solicitation
241 of votes or other activities on behalf of such candidacy; or
242 become a candidate for election to any public office without
243 first resigning from office.
244 7. A commissioner, during his or her term of office, may
245 not make any public comment regarding the merits of any
246 proceeding under ss. 120.569 and 120.57 currently pending before
247 the commission.
248 8. A commissioner or an employee may not act in an
249 unprofessional manner at any time during the performance of
250 official duties.
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251 9. A commissioner or an employee must avoid impropriety in
252 all activities and must act at all times in a manner that
253 promotes public confidence in the integrity and impartiality of
254 the commission.
255 10. A commissioner or an employee may not directly or
256 indirectly, through staff or other means, solicit anything of
257 value from any person regulated by the commission, or from any
258 business entity that, whether directly or indirectly, is an
259 affiliate or a subsidiary of any person regulated by the
260 commission, or from any party appearing in a proceeding
261 considered by the commission in the last 2 years.
262 11. A commissioner may not lobby the Governor or any
263 agency of the state, members or employees of the Legislature, or
264 any county or municipal government or governmental agency except
265 to represent the commission in an official capacity.
266 (2) FORMER COMMISSIONERS AND EMPLOYEES.—
267 (b) A commissioner, the executive director, and an
268 employee of the commission may not, for the 2 years immediately
269 following the date of resignation or termination from the
270 commission:
271 1. Hold a permit or license issued under chapter 550, or a
272 license issued under chapter 551 or chapter 849; be an officer,
273 official, or employee of such permitholder or licensee; or be an
274 ultimate equitable owner, as defined in s. 550.002(37), of such
275 permitholder or licensee; or be an employee, associate, owner,
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276 or contractor for any person or entity that conducts or
277 facilitates an activity regulated, enforced, or investigated by
278 the commission, including fantasy sports contests and other
279 betting activities;
280 2. Accept employment by or compensation from a business
281 entity that, directly or indirectly, owns or controls a person
282 regulated by the commission; from a person regulated by the
283 commission; from a business entity which, directly or
284 indirectly, is an affiliate or subsidiary of a person regulated
285 by the commission; or from a business entity or trade
286 association that has been a party to a commission proceeding
287 within the 2 years preceding the member's resignation or
288 termination of service on the commission; from any person or
289 entity that conducts or facilitates an activity regulated,
290 enforced, or investigated by the commission, including fantasy
291 sports contests and other betting activities; or
292 3. Be a bingo game operator or an employee of a bingo game
293 operator.
294 (c) A person employed by the commission may not, for the 2
295 years immediately following the date of termination or
296 resignation from employment with the commission:
297 1. Hold a permit or license issued under chapter 550, or a
298 license issued under chapter 551 or chapter 849; be an officer,
299 official, or employee of such permitholder or licensee; or be an
300 ultimate equitable owner, as defined in s. 550.002(37), of such
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301 permitholder or licensee; or be an employee, associate, owner,
302 or contractor for any person or entity that conducts or
303 facilitates an activity regulated, enforced, or investigated by
304 the commission, including fantasy sports contests and other
305 betting activities; or
306 2. Be a bingo game operator or an employee of a bingo game
307 operator.
308 Section 4. Subsection (37) of section 550.002, Florida
309 Statutes, is amended to read:
310 550.002 Definitions.—As used in this chapter, the term:
311 (37) "Ultimate equitable owner" means a natural person
312 who, directly or indirectly, owns or controls 5 percent or more
313 of an ownership interest in a corporation, foreign corporation,
314 or alien business organization, regardless of whether such
315 person owns or controls such ownership through one or more
316 natural persons or one or more proxies, powers of attorney,
317 nominees, corporations, associations, partnerships, trusts,
318 joint stock companies, or other entities or devices, or any
319 combination thereof.
320 Section 5. Paragraph (b) of subsection (11) and subsection
321 (12) of section 550.054, Florida Statutes, are amended to read:
322 550.054 Application for permit to conduct pari-mutuel
323 wagering.—
324 (11)
325 (b) If a permit to conduct pari-mutuel wagering is held by
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326 a corporation or business entity other than an individual, the
327 transfer of any 10 percent or more of the stock or other
328 evidence of ownership or equity in the permitholder may not be
329 made without the prior approval of the transferee by the
330 commission pursuant to s. 550.1815.
331 (12) Changes in ownership or interest of a pari-mutuel
332 permit of any 5 percent or more of the stock or other evidence
333 of ownership or equity in the permitholder shall be approved by
334 the commission before prior to such change, unless the owner is
335 an existing owner of that permit who was previously approved by
336 the commission. Changes in ownership or interest of a pari-
337 mutuel permit of less than 5 percent shall be reported to the
338 commission within 20 days of the change. The commission may then
339 conduct an investigation related to a request for to ensure that
340 the permit is properly updated to show the change in ownership
341 or interest.
342 Section 6. Subsection (3) of section 550.09512, Florida
343 Statutes, is amended to read:
344 550.09512 Harness horse taxes; abandoned interest in a
345 permit for nonpayment of taxes.—
346 (3)(a) The permit of a harness horse permitholder who is
347 conducting live harness horse performances and who does not pay
348 tax on handle for any such performances conducted during any 2
349 consecutive state fiscal years shall be void and may not be
350 reissued unless such failure to operate and pay tax on handle
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351 was the direct result of fire, strike, war, hurricane, pandemic,
352 or other disaster or event beyond the ability of the
353 permitholder to control. Financial hardship to the permitholder
354 shall not, in and of itself, constitute just cause for failure
355 to operate and pay tax on handle.
356 (b) In order to maximize the tax revenues to the state,
357 the commission shall reissue an escheated harness horse permit
358 to a qualified applicant pursuant to the provisions of this
359 chapter as for the issuance of an initial permit. However, the
360 provisions of this chapter relating to referendum requirements
361 for a pari-mutuel permit shall not apply to the reissuance of an
362 escheated harness horse permit. As specified in the application
363 and upon approval by the commission of an application for the
364 permit, the new permitholder shall be authorized to operate a
365 harness horse facility anywhere in the same county in which the
366 escheated permit was authorized to be operated, notwithstanding
367 the provisions of s. 550.054(2) relating to mileage limitations.
368 Section 7. Subsection (3) of section 550.09515, Florida
369 Statutes, is amended to read:
370 550.09515 Thoroughbred horse taxes; abandoned interest in
371 a permit for nonpayment of taxes.—
372 (3)(a) The permit of a thoroughbred horse permitholder who
373 does not pay tax on handle for live thoroughbred horse
374 performances for a full schedule of live races during any 2
375 consecutive state fiscal years shall be void and shall not be
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376 reissued escheat to and become the property of the state unless
377 such failure to operate and pay tax on handle was the direct
378 result of fire, strike, war, or other disaster or event beyond
379 the ability of the permitholder to control. Financial hardship
380 to the permitholder shall not, in and of itself, constitute just
381 cause for failure to operate and pay tax on handle.
382 (b) In order to maximize the tax revenues to the state,
383 the commission shall reissue an escheated thoroughbred horse
384 permit to a qualified applicant pursuant to the provisions of
385 this chapter as for the issuance of an initial permit. However,
386 the provisions of this chapter relating to referendum
387 requirements for a pari-mutuel permit shall not apply to the
388 reissuance of an escheated thoroughbred horse permit. As
389 specified in the application and upon approval by the commission
390 of an application for the permit, the new permitholder shall be
391 authorized to operate a thoroughbred horse facility anywhere in
392 the same county in which the escheated permit was authorized to
393 be operated, notwithstanding the provisions of s. 550.054(2)
394 relating to mileage limitations.
395 Section 8. Section 838.12, Florida Statutes, is amended to
396 read:
397 838.12 Bribery in athletic contests.—
398 (1) A person who Whoever gives, promises, offers or
399 conspires to give, promise or offer, to anyone who participates
400 or expects to participate in any professional or amateur game,
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401 contest, match, race or sport; or to any umpire, referee, judge
402 or other official of such game, contest, match, race or sport;
403 or to any owner, manager, coach or trainer of, or to any
404 relative of, or to any person having any direct, indirect,
405 remote or possible connection with, any team, individual,
406 participant or prospective participant in any such professional
407 or amateur game, contest, match, race or sport, or the officials
408 aforesaid, any bribe, money, goods, present, reward or any
409 valuable thing whatsoever, or any promise, contract or agreement
410 whatsoever, with intent to influence him or her or them to lose
411 or cause to be lost any game, contest, match, race or sport, or
412 to limit his or her or their or any person's or any team's
413 margin of victory in any game, contest, match, race, or sport,
414 or to fix or throw any game, contest, match, race or sport,
415 commits shall be guilty of a felony of the third degree,
416 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
417 (2) Any participant or prospective participant in any
418 professional or amateur game, contest, match, race or sport; or
419 any umpire, referee, judge or other official of such game,
420 contest, match, race or sport; or any owner, manager, coach or
421 trainer of, or any relative of, or any person having any direct,
422 indirect, remote or possible connection with, any team,
423 individual, participant or prospective participant in any such
424 professional or amateur game, contest, match, race or sport, or
425 the officials aforesaid; who in any way solicits, receives or
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426 accepts, or agrees to receive or accept, or who conspires to
427 receive or accept, any bribe, money, goods, present, reward or
428 any valuable thing whatsoever, or any promise, contract or
429 agreement whatsoever, with intent to lose or cause to be lost
430 any game, contest, match, race or sport, or to limit his, her,
431 their or any person's or any team's margin of victory in any
432 game, contest, match, race or sport, or to fix or throw any
433 game, contest, match, race or sport, commits shall be guilty of
434 a felony of the third degree, punishable as provided in s.
435 775.082, s. 775.083, or s. 775.084.
436 (3) A person who stakes, bets, or wagers any money or
437 other thing of value upon the result of any professional or
438 amateur game, contest, match, race, or sport with knowledge that
439 the results of such professional or amateur game, contest,
440 match, race, or sport are prearranged or predetermined as
441 described in subsection (1) or subsection (2) commits a felony
442 of the third degree, punishable as provided in s. 775.082, s.
443 775.083, or s. 775.084.
444 Section 9. Section 849.01, Florida Statutes, is amended to
445 read:
446 849.01 Keeping gambling houses, etc.—A person who Whoever
447 by herself or himself, her or his servant, clerk or agent, or in
448 any other manner has, keeps, exercises or maintains a gaming
449 table or room, or gaming implements or apparatus, or house,
450 booth, tent, shelter or other place for the purpose of gaming or
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451 gambling or in any place of which she or he may directly or
452 indirectly have charge, control or management, either
453 exclusively or with others, procures, suffers or permits any
454 person to play for money or other valuable thing at any game
455 whatever, whether heretofore prohibited or not, commits a felony
456 misdemeanor of the third second degree, punishable as provided
457 in s. 775.082, or s. 775.083, or s. 775.084.
458 Section 10. Section 849.02, Florida Statutes, is amended
459 to read:
460 849.02 Agents or employees of keeper of gambling house.—A
461 person who Whoever acts as servant, clerk, agent, or employee of
462 any person in the violation of s. 849.01 commits:
463 (1) For a first offense, a misdemeanor of the first
464 degree, punishable as provided in s. 775.082 or s. 775.083.
465 (2) For a second offense, a felony of the third degree,
466 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
467 (3) For a third or subsequent offense, a felony of the
468 second degree, punishable as provided in s. 775.082, s. 775.083,
469 or s. 775.084 shall be punished in the manner and to the extent
470 therein mentioned.
471 Section 11. Section 849.03, Florida Statutes, is amended
472 to read:
473 849.03 Renting house for gambling purposes.—A person who
474 Whoever, whether as owner or agent, knowingly rents to another a
475 house, room, booth, tent, shelter or place for the purpose of
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476 gaming commits:
477 (1) For a first offense, a felony of the third degree,
478 punishable as provided in s. 775.082, s. 775.083, or s. 775.084
479 shall be punished in the manner and to the extent mentioned in
480 s. 849.01.
481 (2) For a second or subsequent offense, a felony of the
482 second degree, punishable as provided in s. 775.082, s. 775.083,
483 or s. 775.084.
484 Section 12. Paragraph (e) is added to subsection (12) of
485 section 849.086, Florida Statutes, to read:
486 849.086 Cardrooms authorized.—
487 (12) PROHIBITED ACTIVITIES.—
488 (e) A person who manipulates or attempts to manipulate the
489 playing cards, outcome, or payoff of a card game in a licensed
490 cardroom by physical tampering or by use of any object,
491 instrument, or device, whether mechanical, electrical, magnetic,
492 or involving other means, commits a felony of the third degree,
493 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
494 Section 13. Section 849.0932, Florida Statutes, is created
495 to read:
496 849.0932 Fantasy sports contests; conditions for conduct.—
497 (1) As used in this section, the term "fantasy sports
498 contest" means a contest in which a participant pays an entry
499 fee and manages a fantasy or simulation sports team composed of
500 athletes from a professional sports organization with the
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501 opportunity to win a cash prize. The term includes a simulation
502 sports game.
503 (2) Fantasy sports contests must meet all of the following
504 requirements:
505 (a) Prizes and awards for the winning participants are
506 established and disclosed to contest participants before entry.
507 (b) All winning outcomes reflect the relative knowledge
508 and skill of the fantasy sports contest participant.
509 (c) All winning outcomes are determined predominantly by
510 accumulated statistical results of the performance of more than
511 one individual.
512 (d) A winning outcome may not be based on:
513 1. The score, point spread, or performance of a team or
514 combination of teams.
515 2. The single performance of an individual in a single
516 event or a pari-mutuel event, as the term "pari-mutuel" is
517 defined in s. 550.002 as of January 1, 2025.
518 3. A game of poker or other card game.
519 4. The performance of participants in collegiate, high
520 school, or youth sporting events.
521 (e) Casino graphics, themes, or titles, including, but not
522 limited to, depictions of slot machine-style symbols, cards,
523 dice, craps, roulette, or lotto, are not displayed or depicted.
524 (3)(a) A violation of this section is punishable by a fine
525 of $1,000 in addition to civil and criminal penalties.
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526 (b) An operator or owner of any website, platform, or
527 application that offers fantasy sports contests in violation of
528 this section is punishable by a fine of up to $100,000 per
529 violation.
530 (4) The Florida Gaming Control Commission shall
531 investigate and refer violations of this section for
532 prosecution. The Attorney General or state attorney may also
533 institute proceedings to enjoin any person found to be violating
534 this section.
535 (5)(a) A person who willfully and knowingly violates any
536 provision of this section commits a misdemeanor of the first
537 degree, punishable as provided in s. 775.082 or s. 775.083.
538 (b) An operator or owner of any website, platform, or
539 application that offers fantasy sports contests in violation of
540 this section commits a felony of the third degree, punishable as
541 provided in s. 775.082, s. 775.083, or s. 775.084.
542 Section 14. Section 849.11, Florida Statutes, is amended
543 to read:
544 849.11 Plays at games of chance by lot.—
545 (1) A person who Whoever sets up, promotes or plays at any
546 game of chance by lot or with dice, cards, numbers, hazards or
547 any other gambling device whatever for, or for the disposal of
548 money or other thing of value or under the pretext of a sale,
549 gift or delivery thereof, or for any right, share or interest
550 therein, commits shall be guilty of a misdemeanor of the second
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551 degree, punishable as provided in s. 775.082 or s. 775.083.
552 (2) A person who:
553 (a) Sets up, operates, conducts, promotes, or receives in
554 any manner whatsoever any money or other thing of value offered
555 for the purpose of conduct prohibited in subsection (1);
556 (b) Knowingly becomes the custodian or depositary of any
557 money or other thing of value so offered; or
558 (c) Aids, assists, abets, or influences in any manner in
559 any of such acts,
560
561 commits a felony of the third degree, punishable as provided in
562 s. 775.082, s. 775.083, or s. 775.084.
563 Section 15. Section 849.142, Florida Statutes, is
564 repealed.
565 Section 16. Section 849.13, Florida Statutes, is amended
566 to read:
567 849.13 Punishment on Second or subsequent offense
568 conviction.—A person who commits a second or subsequent
569 violation of the same Whoever, after being convicted of an
570 offense forbidden by law in connection with lotteries for which
571 there is no penalty specified for a second or subsequent offense
572 shall have the offense reclassified to an offense of the next
573 higher degree, commits the like offense, shall be guilty of a
574 misdemeanor of the first degree, punishable as provided in s.
575 775.082, or s. 775.083, or s. 775.084. For purposes of
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576 sentencing under chapter 921, a felony offense that is
577 reclassified under this section is ranked one level above the
578 ranking under s. 921.0022 or s. 921.0023 of the felony offense
579 committed.
580 Section 17. Section 849.14, Florida Statutes, is amended
581 to read:
582 849.14 Unlawful to bet on result of trial or contest of
583 skill, etc.—A person who: Whoever
584 (1) Stakes, bets, or wagers any money or other thing of
585 value upon the result of any trial or contest of skill, speed or
586 power or endurance of human or beast;
587 (2) , or whoever Receives in any manner whatsoever any
588 money or other thing of value staked, bet, or wagered, or
589 offered for the purpose of being staked, bet, or wagered, by or
590 for any other person upon any such result;
591 (3) , or whoever Knowingly becomes the custodian or
592 depositary of any money or other thing of value so staked, bet,
593 or wagered upon any such result;, or
594 (4) whoever Aids, or assists, or abets, or influences in
595 any manner in any of such acts,
596
597 all of which are hereby forbidden, commits a felony of the third
598 degree, punishable as provided in s. 775.082, or s. 775.083, or
599 s. 775.084.
600 Section 18. Section 849.15, Florida Statutes, is amended
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601 to read:
602 849.15 Manufacture, sale, possession, etc., of slot
603 machines or devices prohibited.—
604 (1) As used in this section, the term:
605 (a) "Conviction" means a determination of guilt that is
606 the result of a plea or a trial, regardless of whether
607 adjudication is withheld or a plea of nolo contendere is
608 entered.
609 (b) "Ownership interest" means being an officer, director,
610 or managing member of a business, establishment, premises, or
611 other location at which a slot machine or device is offered for
612 play.
613 (c) "Person of authority" means a person who, at any
614 business, establishment, premises, or other location at which a
615 slot machine or device is offered for play, has:
616 1. Actual authority to act on behalf of the business,
617 establishment, premises, or other location; or
618 2. Any ownership interest in the business, establishment,
619 premises, or other location.
620 (2)(1) It is unlawful:
621 (a) To manufacture, own, store, keep, possess, sell, rent,
622 lease, let on shares, lend or give away, transport, or expose
623 for sale or lease, or to offer to sell, rent, lease, let on
624 shares, lend or give away, or permit the operation of, or for
625 any person to permit to be placed, maintained, or used or kept
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626 in any room, space, or building owned, leased or occupied by the
627 person or under the person's management or control, any slot
628 machine or device or any part thereof; or
629 (b) To make or to permit to be made with any person any
630 agreement with reference to any slot machine or device, pursuant
631 to which the user thereof, as a result of any element of chance
632 or other outcome unpredictable to him or her, may become
633 entitled to receive any money, credit, allowance, or thing of
634 value or additional chance or right to use such machine or
635 device, or to receive any check, slug, token or memorandum
636 entitling the holder to receive any money, credit, allowance or
637 thing of value.
638 (3)(a) Except as provided in paragraphs (b) and (c), a
639 person who violates subsection (2) commits a misdemeanor of the
640 first degree, punishable as provided in s. 775.082 or s.
641 775.083.
642 (b) A person commits a felony of the third degree,
643 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
644 if he or she violates subsection (2) and:
645 1. At the time of the violation, the person was a person
646 of authority; or
647 2. The person has one prior conviction for a violation of
648 subsection (2).
649 (c) A person commits a felony of the second degree,
650 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
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651 if he or she violates subsection (2) and:
652 1.a. At the time of the violation, the person was a person
653 of authority; and
654 b. The violation involves five or more slot machines or
655 devices; or
656 2. The person has two or more prior convictions for a
657 violation of subsection (2).
658 (4)(2) Pursuant to section 2 of that chapter of the
659 Congress of the United States entitled "An act to prohibit
660 transportation of gaming devices in interstate and foreign
661 commerce," approved January 2, 1951, being ch. 1194, 64 Stat.
662 1134, and also designated as 15 U.S.C. ss. 1171-1177, the State
663 of Florida, acting by and through the duly elected and qualified
664 members of its Legislature, does hereby in this section, and in
665 accordance with and in compliance with the provisions of section
666 2 of such chapter of Congress, declare and proclaim that any
667 county of the State of Florida within which slot machine gaming
668 is authorized pursuant to chapter 551 is exempt from the
669 provisions of section 2 of that chapter of the Congress of the
670 United States entitled "An act to prohibit transportation of
671 gaming devices in interstate and foreign commerce," designated
672 as 15 U.S.C. ss. 1171-1177, approved January 2, 1951. All
673 shipments of gaming devices, including slot machines, into any
674 county of this state within which slot machine gaming is
675 authorized pursuant to chapter 551 and the registering,
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676 recording, and labeling of which have been duly performed by the
677 manufacturer or distributor thereof in accordance with sections
678 3 and 4 of that chapter of the Congress of the United States
679 entitled "An act to prohibit transportation of gaming devices in
680 interstate and foreign commerce," approved January 2, 1951,
681 being ch. 1194, 64 Stat. 1134, and also designated as 15 U.S.C.
682 ss. 1171-1177, shall be deemed legal shipments thereof into this
683 state provided the destination of such shipments is an eligible
684 facility as defined in s. 551.102 or the facility of a slot
685 machine manufacturer or slot machine distributor as provided in
686 s. 551.109(2)(a).
687 Section 19. Section 849.155, Florida Statutes, is created
688 to read:
689 849.155 Trafficking in slot machines, devices, or parts.—A
690 person who knowingly sells, purchases, manufactures, transports,
691 delivers, or brings into this state more than 15 slot machines
692 or devices or any parts thereof commits a felony of the first
693 degree, punishable as provided in s. 775.082, s. 775.083, or s.
694 775.084. If the quantity of slot machines or devices or any
695 parts thereof involved is:
696 (1) More than 15 slot machines or devices or any parts
697 thereof, but less than 25 slot machines or devices or any parts
698 thereof, such person shall be fined $100,000.
699 (2) Twenty-five slot machines or devices or any parts
700 thereof or more, but less than 50 slot machines or devices or
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701 any parts thereof, such person shall be fined $250,000.
702 (3) Fifty slot machines or devices or any parts thereof or
703 more, such person shall be fined $500,000.
704 (4) Pursuant to section 2 of the chapter of the Congress
705 of the United States entitled "An act to prohibit transportation
706 of gaming devices in interstate and foreign commerce," approved
707 January 2, 1951, being ch. 1194, 64 Stat. 1134, and also
708 designated as 15 U.S.C. ss. 1171-1177, the State of Florida,
709 acting by and through the duly elected and qualified members of
710 its Legislature, does hereby in this section, and in accordance
711 with and in compliance with the provisions of section 2 of such
712 chapter of Congress, declare and proclaim that any county of the
713 State of Florida within which slot machine gaming is authorized
714 pursuant to chapter 551 is exempt from the provisions of section
715 2 of that chapter of the Congress of the United States entitled
716 "An act to prohibit transportation of gaming devices in
717 interstate and foreign commerce," designated as 15 U.S.C. ss.
718 1171-1177, approved January 2, 1951. All shipments of gaming
719 devices, including slot machines, into any county of this state
720 within which slot machine gaming is authorized pursuant to
721 chapter 551 and the registering, recording, and labeling of
722 which have been duly performed by the manufacturer or
723 distributor thereof in accordance with sections 3 and 4 of that
724 chapter of the Congress of the United States entitled "An act to
725 prohibit transportation of gaming devices in interstate and
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726 foreign commerce," approved January 2, 1951, being ch. 1194, 64
727 Stat. 1134, and also designated as 15 U.S.C. ss. 1171-1177,
728 shall be deemed legal shipments thereof into this state provided
729 the destination of such shipments is an eligible facility as
730 defined in s. 551.102 or the facility of a slot machine
731 manufacturer or slot machine distributor as provided in s.
732 551.109(2)(a).
733
734 Notwithstanding any other law, all fines imposed and collected
735 pursuant to this section must be deposited into the Pari-mutuel
736 Wagering Trust Fund and may be used for the enforcement of
737 chapters 546, 550, and 551 and this chapter by the Florida
738 Gaming Control Commission.
739 Section 20. Section 849.157, Florida Statutes, is created
740 to read:
741 849.157 Making a false or misleading statement regarding
742 the legality of slot machines or devices to facilitate sale.—
743 (1) Except as provided in subsection (2), a person who
744 knowingly and willfully makes a materially false or misleading
745 statement or who knowingly and willfully disseminates false or
746 misleading information regarding the legality of a slot machine
747 or device for the purpose of facilitating the sale or delivery
748 of a slot machine or device for any money or other valuable
749 consideration commits a felony of the third degree, punishable
750 as provided in s. 775.082, s. 775.083, or s. 775.084.
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751 (2) A person who violates subsection (1) when such a
752 violation involves the sale or delivery, or attempted sale or
753 delivery, of five or more slot machines or devices commits a
754 felony of the second degree, punishable as provided in s.
755 775.082, s. 775.083, or s. 775.084.
756 Section 21. Section 849.23, Florida Statutes, is repealed.
757 Section 22. Section 849.47, Florida Statutes, is created
758 to read:
759 849.47 Transporting or procuring the transportation of
760 persons to facilitate illegal gambling.—
761 (1) As used in this section, the term "illegal gambling"
762 means any criminal violation of chapter 546, chapter 550,
763 chapter 551, or this chapter that occurs at any business,
764 establishment, premises, or other location.
765 (2) Except as provided in subsection (3), a person who
766 knowingly and willfully transports, or procures the
767 transportation of, five or more other persons into or within
768 this state when he or she knows or reasonably should know that
769 such transportation is for the purpose of facilitating illegal
770 gambling commits a misdemeanor of the first degree, punishable
771 as provided in s. 775.082 or s. 775.083.
772 (3)(a) A person who transports, or procures the
773 transportation of, a minor or a person 65 years of age or older
774 in violation of subsection (2) commits a felony of the third
775 degree, punishable as provided in s. 775.082, s. 775.083, or s.
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776 775.084.
777 (b) A person who transports, or procures the
778 transportation of, 12 or more persons in violation of subsection
779 (2) commits a felony of the third degree, punishable as provided
780 in s. 775.082, s. 775.083, or s. 775.084.
781 (c) A person who commits a second or subsequent violation
782 of subsection (2) within a 2-year period commits a felony of the
783 third degree, punishable as provided in s. 775.082, s. 775.083,
784 or s. 775.084.
785 Section 23. Section 849.49, Florida Statutes, is created
786 to read:
787 849.49 Preemption.—A county, municipality, or other
788 political subdivision of the state may not enact or enforce any
789 ordinance or local rule relating to gaming, gambling, lotteries,
790 or any activities described in s. 546.10 or this chapter, except
791 as otherwise expressly provided by the State Constitution,
792 general law, or special law.
793 Section 24. Paragraphs (a), (c), (e), and (g) of
794 subsection (3) of section 921.0022, Florida Statutes, are
795 amended to read:
796 921.0022 Criminal Punishment Code; offense severity
797 ranking chart.—
798 (3) OFFENSE SEVERITY RANKING CHART
799 (a) LEVEL 1
800
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Florida Felony
Statute Degree Description
801
24.118(3)(a) 3rd Counterfeit or altered state
lottery ticket.
802
104.0616(2) 3rd Unlawfully distributing,
ordering, requesting,
collecting, delivering, or
possessing vote-by-mail
ballots.
803
212.054(2)(b) 3rd Discretionary sales surtax;
limitations, administration,
and collection.
804
212.15(2)(b) 3rd Failure to remit sales taxes,
amount $1,000 or more but less
than $20,000.
805
316.1935(1) 3rd Fleeing or attempting to elude
law enforcement officer.
806
319.30(5) 3rd Sell, exchange, give away
certificate of title or
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identification number plate.
807
319.35(1)(a) 3rd Tamper, adjust, change, etc.,
an odometer.
808
320.26(1)(a) 3rd Counterfeit, manufacture, or
sell registration license
plates or validation stickers.
809
322.212 3rd Possession of forged, stolen,
(1)(a)-(c) counterfeit, or unlawfully
issued driver license;
possession of simulated
identification.
810
322.212(4) 3rd Supply or aid in supplying
unauthorized driver license or
identification card.
811
322.212(5)(a) 3rd False application for driver
license or identification card.
812
414.39(3)(a) 3rd Fraudulent misappropriation of
public assistance funds by
employee/official, value more
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than $200.
813
443.071(1) 3rd False statement or
representation to obtain or
increase reemployment
assistance benefits.
814
509.151(1) 3rd Defraud an innkeeper, food or
lodging value $1,000 or more.
815
517.302(1) 3rd Violation of the Florida
Securities and Investor
Protection Act.
816
713.69 3rd Tenant removes property upon
which lien has accrued, value
$1,000 or more.
817
812.014(3)(c) 3rd Petit theft (3rd conviction);
theft of any property not
specified in subsection (2).
818
815.04(4)(a) 3rd Offense against intellectual
property (i.e., computer
programs, data).
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819
817.52(2) 3rd Hiring with intent to defraud,
motor vehicle services.
820
817.569(2) 3rd Use of public record or public
records information or
providing false information to
facilitate commission of a
felony.
821
826.01 3rd Bigamy.
822
828.122(3) 3rd Fighting or baiting animals.
823
831.04(1) 3rd Any erasure, alteration, etc.,
of any replacement deed, map,
plat, or other document listed
in s. 92.28.
824
831.31(1)(a) 3rd Sell, deliver, or possess
counterfeit controlled
substances, all but s.
893.03(5) drugs.
825
832.041(1) 3rd Stopping payment with intent to
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defraud $150 or more.
826
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.
827
838.15(2) 3rd Commercial bribe receiving.
828
838.16 3rd Commercial bribery.
829
843.18 3rd Fleeing by boat to elude a law
enforcement officer.
830
847.011(1)(a) 3rd Sell, distribute, etc.,
obscene, lewd, etc., material
(2nd conviction).
831
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.
832
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849.23 3rd Gambling-related machines;
"common offender" as to
property rights.
833
849.25(2) 3rd Engaging in bookmaking.
834
860.08 3rd Interfere with a railroad
signal.
835
860.13(1)(a) 3rd Operate aircraft while under
the influence.
836
893.13(2)(a)2. 3rd Purchase of cannabis.
837
893.13(6)(a) 3rd Possession of cannabis (more
than 20 grams).
838
934.03(1)(a) 3rd Intercepts, or procures any
other person to intercept, any
wire or oral communication.
839
840 (c) LEVEL 3
841
Florida Felony
Statute Degree Description
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842
119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
843
316.066 3rd Unlawfully obtaining or using
(3)(b)-(d) confidential crash reports.
844
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
845
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in
patrol vehicle with siren and
lights activated.
846
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
847
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
848
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
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849
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
850
327.35(2)(b) 3rd Felony BUI.
851
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.
852
328.07(4) 3rd Manufacture, exchange, or
possess vessel with counterfeit
or wrong ID number.
853
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
854
379.2431 3rd Taking, disturbing, mutilating,
(1)(e)5. destroying, causing to be
destroyed, transferring,
selling, offering to sell,
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molesting, or harassing marine
turtles, marine turtle eggs, or
marine turtle nests in
violation of the Marine Turtle
Protection Act.
855
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.
856
379.2431 3rd Soliciting to commit or
(1)(e)7. conspiring to commit a
violation of the Marine Turtle
Protection Act.
857
400.9935(4)(a) 3rd Operating a clinic, or offering
or (b) services requiring licensure,
without a license.
858
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
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report information.
859
440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such a
report.
860
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
861
624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.
862
624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
863
626.902(1)(a) & 3rd Representing an unauthorized
(b) insurer.
864
697.08 3rd Equity skimming.
865
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790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
866
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.
867
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
868
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
duty.
869
810.09(2)(b) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
870
810.145(2)(c) 3rd Digital voyeurism; 19 years of
age or older.
871
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812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
872
812.0145(2)(c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.
873
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
874
812.081(2) 3rd Theft of a trade secret.
875
815.04(4)(b) 2nd Computer offense devised to
defraud or obtain property.
876
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
than $20,000.
877
817.233 3rd Burning to defraud insurer.
878
817.234 3rd Unlawful solicitation of
(8)(b) & (c) persons involved in motor
vehicle accidents.
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879
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
880
817.236 3rd Filing a false motor vehicle
insurance application.
881
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
882
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
883
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great
bodily harm, permanent
disfigurement, or permanent
disability.
884
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
counterfeit payment instrument
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with intent to defraud.
885
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.
886
836.13(2) 3rd Person who promotes an altered
sexual depiction of an
identifiable person without
consent.
887
838.021(3)(b) 3rd Threatens unlawful harm to
public servant.
888
838.12(3) 3rd Betting on predetermined or
prearranged professional or
amateur game, contest, match,
race, or sport.
889
849.01 3rd Keeping gambling house.
890
849.02(2) 3rd Agents or employees of keeper
of gambling house.
891
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849.03(1) 3rd Renting house for gambling
purposes.
892
893
849.086(12)(e) 3rd Tampering with cards or card
games.
894
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.
895
849.09(1)(e), 3rd Conducting unlawful lottery;
(f), (g), (i), second or subsequent offense.
or (k)
896
849.09(1)(h) or 3rd Conducting unlawful lottery;
(j) second or subsequent offense.
897
849.11(2) 3rd Offenses relating to games of
chance.
898
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849.14 3rd Betting on result of trial or
contest of skill, etc.
899
849.15(3)(b) 3rd Manufacture, sale, or
possession of slot machine; by
person of authority or with
prior conviction.
900
849.157(1) 3rd False or misleading statement
to facilitate sale of slot
machines or devices.
901
849.25(2) 3rd Engaging in bookmaking.
902
849.47(3)(a) & 3rd Transporting persons to
(b) facilitate illegal gambling;
minor, person 65 years of age
or older, or 12 or more
persons.
903
847.01385 3rd Harmful communication to a
minor.
904
860.15(3) 3rd Overcharging for repairs and
parts.
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905
870.01(2) 3rd Riot.
906
870.01(4) 3rd Inciting a riot.
907
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).
908
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.
909
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
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within 1,000 feet of public
housing facility.
910
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
911
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
912
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
913
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.
914
893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
915
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893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
916
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.
917
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.
918
893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
919
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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.
920
918.13(1) 3rd Tampering with or fabricating
physical evidence.
921
944.47 3rd Introduce contraband to
(1)(a)1. & 2. correctional facility.
922
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
923
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
facility).
924
925 (e) LEVEL 5
926
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Florida Felony
Statute Degree Description
927
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
928
316.1935(4)(a) 2nd Aggravated fleeing or eluding.
929
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
930
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
bodily injury.
931
327.30(5) 3rd Vessel accidents involving
personal injury; leaving scene.
932
379.365(2)(c)1. 3rd Violation of rules relating to:
willful molestation of stone
crab traps, lines, or buoys;
illegal bartering, trading, or
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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.
933
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
934
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
935
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
936
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440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
937
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
938
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
avoiding or reducing workers'
compensation premiums.
939
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
940
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
941
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
942
790.162 2nd Threat to throw or discharge
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destructive device.
943
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
944
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
945
790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
946
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
947
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
948
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
949
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806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
950
810.145(4)(c) 3rd Commercial digital voyeurism
dissemination.
951
810.145(7)(a) 2nd Digital voyeurism; 2nd or
subsequent offense.
952
810.145(8)(a) 2nd Digital voyeurism; certain
minor victims.
953
812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft
from 20 or more dwellings or
their unenclosed curtilage, or
any combination.
954
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
955
812.015 3rd Retail theft; property stolen
(8)(a) & (c)- is valued at $750 or more and
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(e) one or more specified acts.
956
812.015(8)(f) 3rd Retail theft; multiple thefts
within specified period.
957
812.015(8)(g) 3rd Retail theft; committed with
specified number of other
persons.
958
812.019(1) 2nd Stolen property; dealing in or
trafficking in.
959
812.081(3) 2nd Trafficking in trade secrets.
960
812.131(2)(b) 3rd Robbery by sudden snatching.
961
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
962
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
963
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
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964
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.
965
817.568(2)(b) 2nd Fraudulent use of personal
identification information;
value of benefit, services
received, payment avoided, or
amount of injury or fraud,
$5,000 or more or use of
personal identification
information of 10 or more
persons.
966
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
967
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
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968
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
969
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
970
836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without
consent.
971
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.
972
843.01(1) 3rd Resist officer with violence to
person; resist arrest with
violence.
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973
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
974
847.0137 3rd Transmission of pornography by
(2) & (3) electronic device or equipment.
975
847.0138 3rd Transmission of material
(2) & (3) harmful to minors to a minor by
electronic device or equipment.
976
849.02(3) 2nd Agents or employees of keeper
of gambling house, third or
subsequent offense.
977
849.03(2) 2nd Renting house for gambling
purposes; second or subsequent
offense.
978
849.15(3)(c) 2nd Manufacture, sale, or
possession of slot machine; by
person of authority of five or
more machines or two or more
prior convictions.
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979
849.157(2) 2nd False or misleading statement
to facilitate sale of slot
machines or devices; five or
more machines.
980
849.25(3) 2nd Bookmaking; second or
subsequent offense.
981
874.05(1)(b) 2nd Encouraging or recruiting
another to join a criminal
gang; second or subsequent
offense.
982
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
983
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).
984
893.13(1)(c)2. 2nd Sell, manufacture, or deliver
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cannabis (or other s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
985
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.
986
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.,
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(2)(c)10., (3), or (4) within
1,000 feet of property used for
religious services or a
specified business site.
987
893.13(1)(f)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
or (2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
public housing facility.
988
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
989
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
990
991 (g) LEVEL 7
992
Florida Felony
Statute Degree Description
993
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316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
994
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
995
316.1935(3)(b) 1st Causing serious bodily injury
or death to another person;
driving at high speed or with
wanton disregard for safety
while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
996
327.35(3)(c)2. 3rd Vessel BUI resulting in serious
bodily injury.
997
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
998
409.920 3rd Medicaid provider fraud;
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(2)(b)1.a. $10,000 or less.
999
409.920 2nd Medicaid provider fraud; more
(2)(b)1.b. than $10,000, but less than
$50,000.
1000
456.065(2) 3rd Practicing a health care
profession without a license.
1001
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
1002
458.327(1) 3rd Practicing medicine without a
license.
1003
459.013(1) 3rd Practicing osteopathic medicine
without a license.
1004
460.411(1) 3rd Practicing chiropractic
medicine without a license.
1005
461.012(1) 3rd Practicing podiatric medicine
without a license.
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1006
462.17 3rd Practicing naturopathy without
a license.
1007
463.015(1) 3rd Practicing optometry without a
license.
1008
464.016(1) 3rd Practicing nursing without a
license.
1009
465.015(2) 3rd Practicing pharmacy without a
license.
1010
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
1011
467.201 3rd Practicing midwifery without a
license.
1012
468.366 3rd Delivering respiratory care
services without a license.
1013
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
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1014
483.901(7) 3rd Practicing medical physics
without a license.
1015
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
1016
484.053 3rd Dispensing hearing aids without
a license.
1017
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.
1018
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.
1019
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
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exceeding $300 but less than
$20,000.
1020
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
1021
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
1022
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
1023
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
1024
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
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perpetrator of an attempted
felony.
1025
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
1026
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
1027
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
1028
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
1029
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
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1030
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
1031
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
1032
784.048(7) 3rd Aggravated stalking; violation
of court order.
1033
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
1034
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
1035
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
1036
784.081(1) 1st Aggravated battery on specified
official or employee.
1037
784.082(1) 1st Aggravated battery by detained
person on visitor or other
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detainee.
1038
784.083(1) 1st Aggravated battery on code
inspector.
1039
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
1040
787.06(3)(e)2. 1st Human trafficking using
coercion for labor and services
by the transfer or transport of
an adult from outside Florida
to within the state.
1041
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
1042
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
1043
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
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1044
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
1045
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
1046
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
1047
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
1048
794.08(4) 3rd Female genital mutilation;
consent by a parent, guardian,
or a person in custodial
authority to a victim younger
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than 18 years of age.
1049
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
1050
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
1051
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
1052
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.
1053
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
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sex offense.
1054
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
1055
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
1056
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
1057
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
1058
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
1059
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
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grand theft.
1060
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
1061
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
1062
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
1063
812.014(2)(g) 2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
1064
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
1065
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
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in stolen property.
1066
812.131(2)(a) 2nd Robbery by sudden snatching.
1067
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
1068
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
1069
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
1070
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
1071
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
1072
817.2341 1st Making false entries of
(2)(b) & material fact or false
(3)(b) statements regarding property
values relating to the solvency
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of an insuring entity which are
a significant cause of the
insolvency of that entity.
1073
817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
1074
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
1075
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
1076
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
1077
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
1078
825.103(3)(b) 2nd Exploiting an elderly person or
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disabled adult and property is
valued at $10,000 or more, but
less than $50,000.
1079
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
1080
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
1081
827.071(2) & (3) 2nd Use or induce a child in a
sexual performance, or promote
or direct such performance.
1082
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child pornography.
1083
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
1084
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838.015 2nd Bribery.
1085
838.016 2nd Unlawful compensation or reward
for official behavior.
1086
838.021(3)(a) 2nd Unlawful harm to a public
servant.
1087
838.22 2nd Bid tampering.
1088
843.0855(2) 3rd Impersonation of a public
officer or employee.
1089
843.0855(3) 3rd Unlawful simulation of legal
process.
1090
843.0855(4) 3rd Intimidation of a public
officer or employee.
1091
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
1092
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
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1093
849.155 1st Trafficking in slot machines or
devices or any parts thereof.
1094
872.06 2nd Abuse of a dead human body.
1095
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
1096
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
1097
893.13(1)(c)1. 1st Sell, manufacture, or deliver
cocaine (or other drug
prohibited under s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
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recreational facility or
community center.
1098
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.
1099
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
1100
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
1101
893.135 1st Trafficking in cocaine, more
(1)(b)1.a. than 28 grams, less than 200
grams.
1102
893.135 1st Trafficking in illegal drugs,
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(1)(c)1.a. more than 4 grams, less than 14
grams.
1103
893.135 1st Trafficking in hydrocodone, 28
(1)(c)2.a. grams or more, less than 50
grams.
1104
893.135 1st Trafficking in hydrocodone, 50
(1)(c)2.b. grams or more, less than 100
grams.
1105
893.135 1st Trafficking in oxycodone, 7
(1)(c)3.a. grams or more, less than 14
grams.
1106
893.135 1st Trafficking in oxycodone, 14
(1)(c)3.b. grams or more, less than 25
grams.
1107
893.135 1st Trafficking in fentanyl, 4
(1)(c)4.b.(I) grams or more, less than 14
grams.
1108
893.135 1st Trafficking in phencyclidine,
(1)(d)1.a. 28 grams or more, less than 200
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grams.
1109
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
kilograms.
1110
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
1111
893.135 1st Trafficking in flunitrazepam, 4
(1)(g)1.a. grams or more, less than 14
grams.
1112
893.135 1st Trafficking in gamma-
(1)(h)1.a. hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
1113
893.135 1st Trafficking in 1,4-Butanediol,
(1)(j)1.a. 1 kilogram or more, less than 5
kilograms.
1114
893.135 1st Trafficking in Phenethylamines,
(1)(k)2.a. 10 grams or more, less than 200
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grams.
1115
893.135 1st Trafficking in synthetic
(1)(m)2.a. cannabinoids, 280 grams or
more, less than 500 grams.
1116
893.135 1st Trafficking in synthetic
(1)(m)2.b. cannabinoids, 500 grams or
more, less than 1,000 grams.
1117
893.135 1st Trafficking in n-benzyl
(1)(n)2.a. phenethylamines, 14 grams or
more, less than 100 grams.
1118
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
1119
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
1120
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
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transactions exceeding $300 but
less than $20,000.
1121
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure to
comply with reporting
requirements.
1122
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
1123
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
1124
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1125
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
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verification; providing false
registration information.
1126
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
1127
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
1128
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1129
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1130
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
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HB 1467 2025
1131
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1132
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1133
1134 Section 25. Paragraph (a) of subsection (1) and paragraph
1135 (a) of subsection (2) of section 772.102, Florida Statutes, are
1136 amended to read:
1137 772.102 Definitions.—As used in this chapter, the term:
1138 (1) "Criminal activity" means to commit, to attempt to
1139 commit, to conspire to commit, or to solicit, coerce, or
1140 intimidate another person to commit:
1141 (a) Any crime that is chargeable by indictment or
1142 information under the following provisions:
1143 1. Section 210.18, relating to evasion of payment of
1144 cigarette taxes.
1145 2. Section 414.39, relating to public assistance fraud.
1146 3. Section 440.105 or s. 440.106, relating to workers'
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HB 1467 2025
1147 compensation.
1148 4. Part IV of chapter 501, relating to telemarketing.
1149 5. Chapter 517, relating to securities transactions.
1150 6. Section 550.235 or s. 550.3551, relating to dogracing
1151 and horseracing.
1152 7. Chapter 550, relating to jai alai frontons.
1153 8. Chapter 552, relating to the manufacture, distribution,
1154 and use of explosives.
1155 9. Chapter 562, relating to beverage law enforcement.
1156 10. Section 624.401, relating to transacting insurance
1157 without a certificate of authority, s. 624.437(4)(c)1., relating
1158 to operating an unauthorized multiple-employer welfare
1159 arrangement, or s. 626.902(1)(b), relating to representing or
1160 aiding an unauthorized insurer.
1161 11. Chapter 687, relating to interest and usurious
1162 practices.
1163 12. Section 721.08, s. 721.09, or s. 721.13, relating to
1164 real estate timeshare plans.
1165 13. Chapter 782, relating to homicide.
1166 14. Chapter 784, relating to assault and battery.
1167 15. Chapter 787, relating to kidnapping or human
1168 trafficking.
1169 16. Chapter 790, relating to weapons and firearms.
1170 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
1171 relating to prostitution.
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HB 1467 2025
1172 18. Chapter 806, relating to arson.
1173 19. Section 810.02(2)(c), relating to specified burglary
1174 of a dwelling or structure.
1175 20. Chapter 812, relating to theft, robbery, and related
1176 crimes.
1177 21. Chapter 815, relating to computer-related crimes.
1178 22. Chapter 817, relating to fraudulent practices, false
1179 pretenses, fraud generally, and credit card crimes.
1180 23. Section 827.071, relating to commercial sexual
1181 exploitation of children.
1182 24. Chapter 831, relating to forgery and counterfeiting.
1183 25. Chapter 832, relating to issuance of worthless checks
1184 and drafts.
1185 26. Section 836.05, relating to extortion.
1186 27. Chapter 837, relating to perjury.
1187 28. Chapter 838, relating to bribery and misuse of public
1188 office.
1189 29. Chapter 843, relating to obstruction of justice.
1190 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1191 s. 847.07, relating to obscene literature and profanity.
1192 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1193 849.25, relating to gambling.
1194 32. Chapter 893, relating to drug abuse prevention and
1195 control.
1196 33. Section 914.22 or s. 914.23, relating to witnesses,
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HB 1467 2025
1197 victims, or informants.
1198 34. Section 918.12 or s. 918.13, relating to tampering
1199 with jurors and evidence.
1200 (2) "Unlawful debt" means any money or other thing of
1201 value constituting principal or interest of a debt that is
1202 legally unenforceable in this state in whole or in part because
1203 the debt was incurred or contracted:
1204 (a) In violation of any one of the following provisions of
1205 law:
1206 1. Section 550.235 or s. 550.3551, relating to dogracing
1207 and horseracing.
1208 2. Chapter 550, relating to jai alai frontons.
1209 3. Section 687.071, relating to criminal usury and loan
1210 sharking.
1211 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1212 849.25, relating to gambling.
1213 Section 26. Paragraph (a) of subsection (12) of section
1214 895.02, Florida Statutes, is amended to read:
1215 895.02 Definitions.—As used in ss. 895.01-895.08, the
1216 term:
1217 (12) "Unlawful debt" means any money or other thing of
1218 value constituting principal or interest of a debt that is
1219 legally unenforceable in this state in whole or in part because
1220 the debt was incurred or contracted:
1221 (a) In violation of any one of the following provisions of
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1222 law:
1223 1. Section 550.235 or s. 550.3551, relating to dogracing
1224 and horseracing.
1225 2. Chapter 550, relating to jai alai frontons.
1226 3. Section 551.109, relating to slot machine gaming.
1227 4. Chapter 687, relating to interest and usury.
1228 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1229 849.25, relating to gambling.
1230 Section 27. This act shall take effect October 1, 2025.
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hb1467-00
HB 4039
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 4039 COMPANION BILL: None
TITLE: Broward County LINKED BILLS: None
SPONSOR(S): LaMarca RELATED BILLS: None
Committee References
Intergovernmental Affairs Industries & Professional State Affairs
11 Y, 4 N Activities
SUMMARY
Effect of the Bill:
The bill provides an exception to the Tied House Evil provisions of the Beverage Law for any alcohol beverage
license issued to any civic center or sports arena located within the Western Sunrise Entertainment District of City
of Sunrise, Holiday Park in City of Fort Lauderdale, or within the City of Coral Springs and provides a corresponding
exception for alcoholic beverage manufacturers, importers, distributors, and vendors for their activities in relation
to those licensees.
Fiscal or Economic Impact:
The Economic Impact Statement for the bill states the county is projected to see an increase in revenues of
$180,000 and $195,000 in the first and second fiscal years after the effective date of the bill.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill provides an exception to the Tied House Evil provisions of the Beverage Law for any alcohol beverage
license issued to any civic center or sports arena located within the Western Sunrise Entertainment District of City
of Sunrise, Holiday Park in City of Fort Lauderdale, or within the City of Coral Springs. The bill also provides that
Tied House Evil provisions do not apply to any alcoholic beverage manufacturer, importer, distributor, primary
American source of supply, brand owner or registrant, or vendor in relation to those licenses or the premises on
which those licensees operate. (Sections 1 and 2)
The bill provides a boundary description of the Western Sunrise Entertainment District and Holiday Park.
(Sections 3 and 4)
The bill provides an effective date of upon becoming a law. (Section 5)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
The Economic Impact Statement for the bill states the county is projected to see an increase in revenues of
$180,000 and $195,000 in the first and second fiscal years after the effective date of the bill.
STORAGE NAME: h4039b.IPA
DATE: 3/28/2025
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Beverage Law
In Florida, the Beverage Law 1 regulates the manufacture, distribution, and sale of wine, beer, and liquor by
manufacturers, distributors, and vendors. 2 The Division of Alcoholic Beverages and Tobacco (Division) in the
Department of Business and Professional Regulation (DBPR) administers and enforces the Beverage Law. 3
Special Licenses
Under the Beverage Law, there is not a limit on the number of licenses DBPR may issue to businesses selling malt
beverages or wine. However, the law limits the number of licenses for selling distilled spirits to one license per
7,500 residents within the county with a minimum of three licenses per county for counties that have approved the
sale of intoxicating liquors. 4 These licenses are known as quota licenses and are the only alcoholic beverage license
type that is limited in number.
There are several exceptions to the quota license limitation. 5 DBPR may issue a special license to businesses that
meet the requirements set out in one of the exceptions. The special license allows businesses to serve any alcoholic
beverages regardless of alcohol content. One exception authorizes the Division to issue a special license for on-
premises consumption to any civic center authority or sports arena authority created by state law or local
ordinance or to any civic center or sports arena that is owned by a political subdivision of the state. 6 A license
issued under this exception may be transferred to a qualified applicant who provides food services for the facility
pursuant to a contract with the governmental entity that owns the facility. 7 The license is the exclusive property of
the governmental entity and reverts to the government entity by operation of law in the event the contract
between the governmental entity and the qualified applicant is terminated. 8
Three-Tier System and Tied House Evil
Since the repeal of Prohibition, regulation of alcohol in the United States has traditionally been based upon what is
termed the “three-tier system.” The system requires separation of the manufacture, distribution, and sale of
alcoholic beverages. The manufacturer creates the beverages, and the distributor obtains the beverages from the
manufacturer to deliver to the vendor. The vendor makes the ultimate sale to the consumer. 9 Generally, only
licensed vendors are permitted to sell alcoholic beverages directly to consumers at retail. 10 A manufacturer,
distributor, or exporter may not be licensed as a vendor to sell directly to consumers. 11 Manufacturers are also
generally prohibited from having an interest in a vendor and from distributing directly to a vendor. 12
The three-tier system is deeply rooted in the perceived evils of the “tied house” in which a bar is owned or
operated by a manufacturer or the manufacturer exercises undue influence over the retail vendor. 13
1 Section 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
2 See s. 561.14, F.S.
3 S. 561.02, F.S.
4 S. 561.20(1), F.S.
5 S. 561.20(2), F.S.
6 S. 561.20(2)(h), F.S.
7 Id.
8 Id.
9 S. 561.14, F.S.
10 S. 561.14(3), F.S., but see ss. 561.221 (exception for manufacturers of wine to sell to consumers at licensed premise on
property contiguous to the manufacturing premises) and 565.03, F.S.
11 S. 561.22(1), F.S.
12 Ss. 563.022(14) and 561.14(1), F.S.
13 See Andrew Tamayo, What's Brewing in the Old North State: An Analysis of the Beer Distribution Laws Regulating North
Carolina's Craft Breweries, 88 N.C. L. Rev. 2198 (2010).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Florida’s Tied House Evil Law 14 prohibits a licensed manufacturer or distributor from having any direct or indirect
financial interest in any vendor, from assisting any vendor through gifts, loans, money or property of any
description, and from giving any rebates of any kind whatsoever.
A manufacturer or distributor is also prohibited from:
• Engaging in cooperative advertising with a vendor;
• Naming a vendor in any advertisement for a malt beverage tasting; or
• Paying for particular placement, signage, or other brand promotion within a vendor premises for malt
beverages produced by the manufacturer. 15
However, the Tied House Evil Law authorizes a manufacturer, distributor, importer or registrant of malt beverage
to sell expendable retailer advertising specialties (such as trays, coasters, mats, menu cards, napkins, cups, glasses,
thermometers, and the like), to a vendor at a price not less than the actual cost to the industry member who
initially purchased them. 16 Vendors may accept glassware from a distributor at no charge, subject to certain
limitations and conditions. 17
Penalties
A false entry of any record required under the Beverage Law or a violation of the excise tax provisions, when done
intentionally, is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, F.S.. 18
For violations of the Beverage Law where no penalty is provided, first-time offenders are guilty of a misdemeanor
of the second degree and a felony of the third degree for any subsequent offenses thereafter. The Division may
issue civil penalties for violations of the Beverage Law and related rules;19 Such penalties may not exceed $1,000
per transaction. The Division may also suspend the license of a licensee that fails to pay a civil penalty.
Local Bill Forms
The Florida Constitution prohibits the passage of any special act unless a notice of intention to seek enactment of
the bill has been published as provided by general law or the act is conditioned to take effect only upon approval
by referendum vote of the electors in the area affected. 20 A legal advertisement of the proposed bill must be placed
in a newspaper of general circulation or published on a publicly accessible website 21 at least 30 days prior to the
introduction of the local bill in the House or Senate. 22 The bill was noticed in the Sun-Sentinel on January 19, 2025.
The House local bill policy requires a completed and signed Local Bill Certification Form and Economic Impact
Statement Form be filed with the Clerk of the House at the time the local bill is filed or as soon thereafter as
possible. 23 Under the policy, a committee or subcommittee may not consider a local bill unless these forms have
been filed. The following forms have been submitted for the bill:
• Local Bill Certification Form
• Economic Impact Statement Form
14 S. 561.42(1), F.S.
15 S. 561.42, F.S.
16 S. 561.42(14), F.S.
17 Id.
18 S. 562.45(1), F.S.
19 S. 561.29, F.S.
20 Art. III, s. 10, Fla. Const.
21 S. 50.0311(2), F.S.
22 S. 11.02, F.S. If there is no newspaper circulated throughout or published in the county and no publicly accessible website
has been designated, notice must be posted for at least 30 days in at least three public places in the county, one of which must
be at the courthouse.
23 Intergovernmental Affairs Subcommittee, Local Bill Policies and Procedures Manual, p. 11 (last visited Mar. 15, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Intergovernmental Affairs 11 Y, 4 N 3/26/2025 Darden Darden
Subcommittee
Industries & Professional Activities Anstead Brackett
Subcommittee
State Affairs Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 4039 2025
1 A bill to be entitled
2 An act relating to Broward County; providing
3 nonapplicability of provisions on alcoholic beverage-
4 related actions and activities to special alcoholic
5 beverage licenses issued for premises located within
6 identified areas of Broward County; providing
7 nonapplicability of such provisions to actions and
8 activities of alcoholic entities in relation to
9 special alcoholic beverage licenses and premises;
10 defining specified areas of the county to which such
11 provisions do not apply; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 561.42, Florida Statutes, does not
16 apply to any special alcoholic beverage license issued pursuant
17 to s. 561.20(2)(h), Florida Statutes, for which the premises of
18 such license are located on any property within the Western
19 Sunrise Entertainment District of the City of Sunrise, within
20 Holiday Park in the City of Fort Lauderdale, or within the City
21 of Coral Springs.
22 Section 2. Section 561.42, Florida Statutes, does not
23 apply to the actions or activities of any alcoholic beverage
24 manufacturer, importer, distributor, primary American source of
25 supply, brand owner or registrant, or vendor in relation to any
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HB 4039 2025
26 special alcoholic beverage license issued pursuant to s.
27 561.20(2)(h), Florida Statutes, or the premises on which such
28 special license is operated within the areas identified in
29 section 1 of this act.
30 Section 3. For the purposes of this act, the "Western
31 Sunrise Entertainment District of the City of Sunrise" means the
32 area defined by Section 16-82(b) of the City of Sunrise Land
33 Development Code and more particularly described as follows:
34
35 That portion of the Western Sunrise Area bounded by the Sawgrass
36 Expressway on the west; Oakland Park Boulevard on the north;
37 Flamingo Road on the east; and, a southern boundary consisting
38 of Sunrise Boulevard east of N.W. 136 Ave, and one thousand four
39 hundred (1,400) feet south of southern edge of the right-of-way
40 of Sunrise Boulevard west of N.W. 136 Avenue.
41 Section 4. For the purposes of this act, "Holiday Park in
42 the City of Fort Lauderdale" means the area of land designated
43 as "Holiday Park" by the City of Fort Lauderdale pursuant to the
44 dedication recorded in Plat Book 24, page 14, of the Broward
45 County Official Records, and more particularly described as
46 follows:
47
48 All of Blocks 222, 223, 224, 225, 244, 245, 246, 247, 248, 249,
49 296, 297, 298, 299, 300, 301, and lots 21-24 incl., block 219,
50 lots 21-28 incl., block 220, lots 21-28 incl., block 221; lots
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HB 4039 2025
51 1-27, incl., block 250; 22-27, incl., block 251; lots 22-24,
52 incl., block 252; lots 1-3 incl., block 293; lots 1-3 incl., and
53 lots 46-48 incl., block 294; lots 1-24 incl., and lots 46-48
54 incl., block 295; lots 1-10 incl. and lots 39-48 incl., block
55 305; lots 1-10 incl. and lots 39-48 incl., block 306; lots 1-10
56 incl., and lots 39-48 incl., block 307; lots 1-10 incl. and lots
57 39-48 incl., block 308; all in Progresso, according to the plat
58 thereof recorded in Plat Book 2, page 18, of the Public Records
59 of Dade County, Florida.
60 Section 5. This act shall take effect upon becoming a law.
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hb4039-00
PCS for HB 577
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for CS/HB 577 COMPANION BILL: CS/CS/SB 872 (Ingoglia)
TITLE: Removal, Storage, and Cleanup of Electric LINKED BILLS: None
Vehicles RELATED BILLS: None
SPONSOR(S): Industries & Professional Activities
Subcommittee
Committee References
Orig. Comm.: Industries & Professional Activities
SUMMARY
Effect of the Bill:
The bill allows a wrecker service or towing-storage or wrecker operator to charge a reasonable administrative fee,
not to exceed $150, for the storage of electric vehicles that have been involved in an accident, in addition to fees
specifically authorized in statute. The bill clarifies that the provisions relating to the storage of electric vehicles do
not require a motor vehicle insurer to pay any costs beyond what is covered pursuant to a contract with their
insured.
Fiscal or Economic Impact:
Indeterminate. The bill may increase revenues for towing-storage or wrecker operators.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill prohibits counties and municipalities from prohibiting a wrecker service or towing-storage or wrecker
operator from charging a reasonable administrative fee, not to exceed $150, for the storage of electric vehicles that
have been involved in an accident, in addition to fees specifically authorized in statute. (Sections 1 and 2)
The bill authorizes a wrecker service or towing-storage or wrecker operator to charge a reasonable administrative
fee, not to exceed $150, for the storage of electric vehicles that have been involved in an accident, in addition to
fees specifically authorized in statute. (Section 4)
The bill clarifies that certain provisions, relating to the storage of electric vehicles, do not require a motor vehicle
insurer to pay any costs beyond what is covered pursuant to a contract with their insured. (Section 3)
The bill defines "administrative fee" as any fee imposed by a wrecker service or towing-storage or wrecker
operator for administrative costs added to the amount due for towing and storing the electric vehicle that are
associated with and unique to the clean-up of the accident scene, debris removal, and additional costs related to
storing that are specific to an electric vehicle that has been in an accident. (Sections 1, 2, and 4)
The effective date of the bill is July 1, 2025. (Section 5)
FISCAL OR ECONOMIC IMPACT:
LOCAL GOVERNMENT:
An agency analysis of HB 577 was requested from Department of Highway Safety and Motor Vehicles on February
18, 2025, and as of the date of publication has not been received.
STORAGE NAME: PCS0577.IPA
DATE: 3/28/2025
1
PRIVATE SECTOR:
The bill may increase costs to owners of electric vehicles to the extent those vehicles are subject to an involuntary
tow.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Wrecker Operators
A wrecker operator is any person or firm regularly engaged for hire in the business of towing or removing
vehicles,1 while a towing-storage operator refers to a person who engages in the business of transporting vehicles
or vessels by wrecker, tow truck, or car carrier or who engages in storing towed vehicles or vessels.2
Current law allows counties and municipalities to establish wrecker operator systems similar to that of the Florida
Highway Patrol as authorized in s. 321.051(2), F.S.3 Under this system, a county or municipality may contract with
one or more wrecker operators (authorized wrecker operators)4 for towing or removal of wrecked, disabled, or
abandoned vehicles from accident scenes, streets, or highways. The wrecker operator system must also include a
method for distributing towing assignments among the authorized wrecker operators.5
In counties and municipalities with established wrecker operator systems, it is unlawful for an unauthorized
wrecker operator to monitor police radio communications to determine the location of wrecked or disabled
vehicles, drive by the scene of wrecked or disabled vehicles before an authorized wrecker operator arrives, or to
initiate contact with the owner or operator of a wrecked or disabled vehicle.6 If an owner or operator of a wrecked
or disabled vehicle initiates contact with an unauthorized wrecker operator, the unauthorized wrecker operator
must disclose in writing:
His or her full name and driver license number;
That he or she is not the authorized wrecker operator who has been designated as part of the wrecker
operator system;
The vehicle is not being towed for the owner’s or operator’s insurance company or lienholder;
Whether he or she has an insurance policy providing $300,000 in liability coverage and $50,000 in on-hook
cargo coverage; and
The maximum charges for towing and storage.7
County and Municipal Wrecker Operator Fees
Counties are required to establish maximum rates charged for towing and storage of vehicles or vessels when the
owner or operator is incapacitated, unavailable, leaves the procurement of wrecker services to law enforcement, or
otherwise does not consent to removal of the vehicle or vessel.8 Municipalities may choose to establish maximum
rates for vehicle or vessel towing. In municipalities with ordinances establishing maximum rates for towing, the
maximum towing rates established by the county do not apply.9
Towing-Storage Operator Fees
Once a vehicle or vessel is towed or stored, the towing-storage operator has a lien on the vehicle or vessel for fees
related to recovery, removal or storage.10 These fees may include any reasonable towing fees, administrative fees,
1
S. 1.01(15), F.S.
2
S. 713.78(1)(f), F.S.
3
S. 323.002(1)(c), F.S.
4
S. 323.002(1)(a), F.S., defines an authorized wrecker operator as any wrecker operator designated as part of the local government’s
wrecker operator system. Section 323.002(1)(b), F.S., defines an unauthorized wrecker operator as any wrecker operator that is not
part of the local government’s wrecker operator system.
5
Id. at 2
6
S. 323.002(2), F.S.
7
S. 323.002(2)(c), F.S.
8
Ss. 125.0103(1)(c) and 166.043(1)(c), F.S.
9
Id.
10
S. 713.78(2)(b), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
or storage fees.11 However, a storage fee may not be charged if the vehicle or vessel is stored for less than six
hours.12 In addition to the amount due for the towing and storage of the vehicle, a towing company may charge an
administrative fee of up to $250 for releasing the claim of lien.13
Handling Damaged Electric Vehicles
The National Highway Traffic Safety Administration (NHTSA) issued guidance in 2012 for the handling of electric
and hybrid-electric vehicles equipped with high-voltage batteries in certain situations.14 The guidance provides
that in the event of damage, fire, or flooding involving an electric vehicle or hybrid-electric vehicle one should
always assume the high-voltage (HV) battery and associated components are energized and fully charged.
Individuals should also be aware that:
Exposed electrical components, wires, and HV batteries present potential HV shock hazards;
Venting and off-gassing HV battery vapors are potentially toxic and flammable; and
Physical damage to the vehicle or high-voltage battery may result in immediate or delayed release of toxic
and/or flammable gases and fire.
In a post incident situation, the NHTSA guidance recommends to not store a severely damaged vehicle with a
lithium-ion battery inside a structure or within 50 feet of any structure, vehicle, or combustible, and to ensure that
the vehicle compartments remain well ventilated.15
A 2020 NHSTA safety report on safety risks to emergency responders from lithium-ion battery fires in electric
vehicles included findings and recommendations related to the handling of damaged electric vehicles.16 Key
findings that may impact vehicle towing and storage included:
Thermal runaway and multiple battery reignitions after initial fire suppression are safety risks in HV
lithium-ion battery fires.
The energy remaining in a damaged HV lithium-ion battery, known as stranded energy, poses a risk of
electric shock and creates the potential for thermal runaway that can result in battery reignition and fire.
HV lithium-ion batteries in electric vehicles, when damaged by crash forces or internal battery failure,
present special challenges to first and second responders because of insufficient information from
manufacturers on procedures for mitigating the risks of stranded energy.
Storing an electric vehicle with a damaged HV lithium-ion battery inside the recommended 50-foot-radius
clear area may be infeasible at tow or storage yards.17
The report recommended that certain associations representing emergency responders (including the Towing and
Recovery Association of America) inform their members about the circumstances of the fire risks described in the
report and the guidance available to emergency personnel who respond to high-voltage lithium-ion battery fires in
electric vehicles.18
Motor Vehicle Insurance
Chapter 324, F.S., sets forth the financial responsibility laws for owners or operators of motor vehicles in Florida,
whether they be used for personal or commercial purposes. Generally, a motor vehicle owner or operator is
required to insure against losses from liability for bodily injury, death, and property damage by either:
11
S. 713.78(2), F.S.
12
Id. at 12
13
S. 713.78(15)(a), F.S.
14
U.S. Dept. of Transportation, National Highway Traffic Safety Administration, Interim Guidance for Electric and Hybrid-Electric
Vehicles, p. 2 (last visited Mar. 22, 2025).
15
U.S. Dept, of Transportation, National Highway Traffic Safety Administration, Interim Guidance for Electric and Hybrid-Electric
Vehicles, p. 3 (last visited Mar. 22, 2025).
16
National Transportation Safety Board, Safety Risks to Emergency Responders from Lithium-Ion Battery Fires in Electric Vehicles
(last visited Mar. 22, 2025).
17
National Transportation Safety Board, Safety Risks to Emergency Responders from Lithium-Ion Battery Fires in Electric Vehicles,
p. 63 (last visited Mar. 22, 2025).
18
National Transportation Safety Board, Safety Risks to Emergency Responders from Lithium-Ion Battery Fires in Electric Vehicles,
p. 64 (last visited Mar. 22, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
Purchasing auto insurance from an insurance carrier authorized by the Office of Insurance Regulation
(OIR) to do business in Florida;19 or
Obtaining a certificate of self-insurance from the Department of Highway Safety and Motor Vehicles
(DHSMV) after demonstrating the ability to cover potential losses arising out of the ownership,
maintenance, or use of a motor vehicle.20
OIR licenses insurance carriers and reviews policy contracts and premium rates of its licensees.21 An insurance
carrier may not issue an auto insurance policy in Florida unless the policy includes coverages for both personal
injury and property damage.22
DHSMV administers the Financial Responsibility Law by requiring all licensed insurance companies to provide
electronic notification of all policies that are issued or cancelled.23 Vehicle owners must show proof of personal
injury protection and property damage liability coverage to register a vehicle,24 and must provide proof of bodily
injury liability coverage if they are involved in an accident and charged with a moving violation.25 A vehicle owner
who fails to maintain continuous coverage may have his or her driver’s license and registration suspended.26
Required coverages vary based on the use of a motor vehicle, as follows:
Individual motorists: the law requires $10,000 in personal injury protection and $10,000 for property
damage.27 If a driver has been convicted of driving under the influence of alcohol, the motorist must
maintain liability coverage of $100,000 for bodily injury to, or death of, one person in any one crash and in
the amount of $300,000 due to bodily injury to, or death of, two or more persons in any one crash and in
the amount of $50,000 because of property damage in any one crash per accident, for three years after the
license is reinstated.28
Leased motor vehicles: the lessor is not liable for the actions of a lessee so long as the lease requires
$100,000/$300,000 bodily injury liability and $50,000 property damage liability or not less than $500,000
combined property damage and bodily injury liability.29 For-hire passenger vehicles like taxicabs and
limousines must have bodily injury liability coverage of $125,000 per person and $250,000 per occurrence,
and $50,000 property damage coverage.30
Commercial motor vehicles: are subject to state and federal regulations related to size and weight limits,
safety standards, and registration requirements. Commercial vehicles that weigh 10,001 pounds or more,
and engage in interstate commerce or haul hazardous materials, are subject to federal law, where required
coverages range from $750,000 to $5 million.31 Commercial vehicles that weigh 26,001 pounds or more,
operate only within Florida, and do not transport hazardous materials are subject to Florida law, where
required coverages range from $50,000 to $300,000.32
When the owner or operator of a motor vehicle purchases liability insurance to satisfy the financial responsibility
law, the policy must be issued by an insurance company authorized to do business in Florida.33 When an owner or
19
S. 324.021(8), F.S.
20
Ss. 324.161 and 324.171, F.S. Also see Florida Department of Highway Safety and Motor Vehicles, Self-Insurance,
https://www.flhsmv.gov/insurance/self-insurance/firm/ (last visited March 22, 2023).
21
Ss. 624.404, 627.062, 627.410, and 627.4102, F.S.
22
S. 627.7275, F.S.
23
Ss. 324.0221, 324.252, F.S., and Rules 15A-3.007 and 15A-3.012, F.A.C.
24
Ss. 324.022, 324.023, F.S., and Rule 15A-3.006, F.A.C.
25
S. 324.021, F.S. Also see, Florida Highway Safety and Motor Vehicles, Florida Insurance Requirements,
https://www.flhsmv.gov/insurance/ (last visited March 22, 2023).
26
S. 324.0221, F.S.
27
S. 324.021(7), 324.022, and 627.736, F.S.
28
S. 324.023, F.S.
29
S. 324.021(9), F.S.
30
S. 324.032, F.S.
31
49 CFR § 387.9.
32
Ss. 207.002(1), 320.01(25), and 627.7415, F.S.
33
S. 324.021(8), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
operator self-insures a vehicle or fleet of vehicles, the owner or operator must obtain a certificate of self-insurance
from the DHSMV.34
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Industries & Anstead Thompson
Professional Activities
Subcommittee
34
S. 324.171, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for CS/HB 577 ORIGINAL 2025
1 A bill to be entitled
2 An act relating to the removal, storage, and cleanup
3 of electric vehicles; amending ss. 125.0103 and
4 166.043, F.S.; prohibiting counties or municipalities
5 from prohibiting a wrecker service or towing-storage
6 or wrecker operator from charging a reasonable
7 administrative fee for the storage of electric
8 vehicles that have been involved in an accident;
9 providing a maximum amount for such fees; providing a
10 definition; creating s. 324.0222, F.S.; providing that
11 motor vehicle insurers are not required to pay certain
12 costs; amending s. 713.78, F.S.; authorizing a towing-
13 storage or wrecker operator to charge a reasonable
14 administrative fee for the storage of electric
15 vehicles that have been involved in an accident;
16 providing a maximum amount for such fees; providing a
17 definition; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (c) of subsection (1) of section
22 125.0103, Florida Statutes, is amended to read:
23 125.0103 Ordinances and rules imposing price controls.—
24 (1)
25 (c) Counties must establish maximum rates which may be
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for CS/HB 577 ORIGINAL 2025
26 charged on the towing of vehicles or vessels from or
27 immobilization of vehicles or vessels on private property or
28 which may be charged for removal and storage of wrecked or
29 disabled vehicles or vessels from an accident scene or for the
30 removal and storage of vehicles or vessels, in the event the
31 owner or operator is incapacitated, unavailable, leaves the
32 procurement of wrecker service to the law enforcement officer at
33 the scene, or otherwise does not consent to the removal of the
34 vehicle or vessel. However, if a municipality chooses to enact
35 an ordinance establishing the maximum rates for the towing or
36 immobilization of vehicles or vessels as described in paragraph
37 (b), the county's ordinance does not apply within such
38 municipality.
39 (d) No county or municipality may prohibit a wrecker
40 service or towing-storage or wrecker operator from charging a
41 reasonable administrative fee for the storage of electric
42 vehicles that have been involved in an accident in addition to
43 fees specifically authorized in paragraph (c). Such
44 administrative fee may not exceed $150. For purposes of this
45 paragraph, the term "administrative fee" means any fee imposed
46 by a wrecker service or towing-storage or wrecker operator for
47 administrative costs added to the amount due for towing and
48 storing the electric vehicle that are associated with and unique
49 to the cleanup of the accident scene, debris removal, and
50 additional costs related to storing that are specific to an
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for CS/HB 577 ORIGINAL 2025
51 electric vehicle that has been in an accident.
52 Section 2. Paragraph (c) of subsection (1) of section
53 166.043, Florida Statutes, is amended to read:
54 166.043 Ordinances and rules imposing price controls.—
55 (1)
56 (c) Counties must establish maximum rates which may be
57 charged on the towing of vehicles or vessels from or
58 immobilization of vehicles or vessels on private property or
59 which may be charged for removal and storage of wrecked or
60 disabled vehicles or vessels from an accident scene or for the
61 removal and storage of vehicles or vessels, in the event the
62 owner or operator is incapacitated, unavailable, leaves the
63 procurement of wrecker service to the law enforcement officer at
64 the scene, or otherwise does not consent to the removal of the
65 vehicle or vessel. However, if a municipality chooses to enact
66 an ordinance establishing the maximum rates for the towing or
67 immobilization of vehicles or vessels as described in paragraph
68 (b), the county's ordinance established under s. 125.0103 does
69 not apply within such municipality.
70 (d) No county or municipality may prohibit a wrecker
71 service or towing-storage or wrecker operator from charging a
72 reasonable administrative fee for the storage of electric
73 vehicles that have been involved in an accident in addition to
74 fees specifically authorized in paragraph (c). Such
75 administrative fee may not exceed $150. For purposes of this
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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76 paragraph, the term "administrative fee" means any fee imposed
77 by a wrecker service or towing-storage or wrecker operator for
78 administrative costs added to the amount due for towing and
79 storing the electric vehicle that are associated with and unique
80 to the cleanup of the accident scene, debris removal, and
81 additional costs related to storing that are specific to an
82 electric vehicle that has been in an accident.
83 Section 3. Section 324.0222, Florida Statutes, is created
84 to read:
85 324.0222 Storage of electric vehicles; coverage.—
86 Nothing in ss. 125.0103, or 166.043, relating to the
87 storage of electric vehicles, requires a motor vehicle insurer
88 to pay any costs beyond what is covered pursuant to a contract
89 with their insured.
90 Section 4. Section 713.78, Florida Statutes, is amended to
91 read:
92 713.78 Liens for recovering, towing, or storing vehicles
93 and vessels.—
94 (2)(a) A towing-storage operator may charge the owner or
95 operator of a vehicle or vessel only the following fees for, or
96 incidental to, the recovery, removal, or storage of the vehicle
97 or vessel:
98 1. Any reasonable fee for service specifically authorized
99 under s. 125.0103 or s. 166.043 by ordinance, resolution,
100 regulation, or rule of the county or municipality in which the
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101 service is performed.
102 2. Any reasonable fee for service specifically authorized
103 by the Division of Florida Highway Patrol of the Department of
104 Highway Safety and Motor Vehicles under s. 321.051(2).
105 3. Any reasonable fee for service as agreed upon in
106 writing between a towing-storage operator and the owner of a
107 vehicle or vessel.
108 4. Any lien release administrative fee as set forth in
109 paragraph (15)(a).
110 5. Any reasonable administrative fee or charge imposed by
111 a county or municipality pursuant to s. 125.01047, s. 166.04465,
112 or s. 323.002 upon the registered owner or other legally
113 authorized person in control of a vehicle or vessel.
114 6. Any reasonable administrative fee for the storage of
115 electric vehicles that have been involved in an accident, which
116 may be charged in addition to fees specifically authorized under
117 s.125.0103 or s. 166.043. Such administrative fee may not exceed
118 $150. For purposes of this paragraph, the term "administrative
119 fee" means any fee imposed by a towing-storage or wrecker
120 operator for administrative costs added to the amount due for
121 towing and storing the electric vehicle that are associated with
122 and unique to the cleanup of the accident scene, debris removal,
123 and additional costs related to storing that are specific to an
124 electric vehicle that has been in an accident.
125 Section 5. This act shall take effect July 1, 2025.
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V
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
PCS for CS/HB 577 by Rep. Nix
Removal, Storage, and Cleanup of Electric Vehicles
AMENDMENT SUMMARY
April 1, 2025
Amendment 1 by Rep. Nix (strike):
• Authorizes wrecker operators to charge a daily administrative fee for the storage of
electric vehicles that have been in an accident.
• Specifies that the fee may not exceed three times the maximum rate for storage
authorized in current law.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 577 (2025)
Amendment No. 1
COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER
1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Nix offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7 Section 1. Paragraph (c) of subsection (1) of section
8 125.0103, Florida Statutes, is amended to read:
9 125.0103 Ordinances and rules imposing price controls.—
10 (1)
11 (c) Counties must establish maximum rates which may be
12 charged on the towing of vehicles or vessels from or
13 immobilization of vehicles or vessels on private property or
14 which may be charged for removal and storage of wrecked or
15 disabled vehicles or vessels from an accident scene or for the
16 removal and storage of vehicles or vessels, in the event the
PCS for CSHB 577 Strike1
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Page 1 of 6
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 577 (2025)
Amendment No. 1
17 owner or operator is incapacitated, unavailable, leaves the
18 procurement of wrecker service to the law enforcement officer at
19 the scene, or otherwise does not consent to the removal of the
20 vehicle or vessel. However, if a municipality chooses to enact
21 an ordinance establishing the maximum rates for the towing or
22 immobilization of vehicles or vessels as described in paragraph
23 (b), the county's ordinance does not apply within such
24 municipality.
25 (d) No county or municipality may prohibit a wrecker
26 service or towing-storage or wrecker operator from charging a
27 reasonable daily administrative fee for the storage of electric
28 vehicles that have been involved in an accident in addition to
29 fees specifically authorized in paragraph (c). Such daily
30 administrative fee may not exceed three times the daily rate for
31 storage authorized in paragraph (c). For purposes of this
32 paragraph, the term "daily administrative fee" means any fee
33 imposed by a wrecker service or towing-storage or wrecker
34 operator for administrative costs added to the amount due for
35 towing and storing the electric vehicle that are associated with
36 and unique to the cleanup of the accident scene, debris removal,
37 and additional costs related to storing that are specific to an
38 electric vehicle that has been in an accident.
39 Section 2. Paragraph (c) of subsection (1) of section
40 166.043, Florida Statutes, is amended to read:
41 166.043 Ordinances and rules imposing price controls.—
PCS for CSHB 577 Strike1
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 577 (2025)
Amendment No. 1
42 (1)
43 (c) Counties must establish maximum rates which may be
44 charged on the towing of vehicles or vessels from or
45 immobilization of vehicles or vessels on private property or
46 which may be charged for removal and storage of wrecked or
47 disabled vehicles or vessels from an accident scene or for the
48 removal and storage of vehicles or vessels, in the event the
49 owner or operator is incapacitated, unavailable, leaves the
50 procurement of wrecker service to the law enforcement officer at
51 the scene, or otherwise does not consent to the removal of the
52 vehicle or vessel. However, if a municipality chooses to enact
53 an ordinance establishing the maximum rates for the towing or
54 immobilization of vehicles or vessels as described in paragraph
55 (b), the county's ordinance established under s. 125.0103 does
56 not apply within such municipality.
57 (d) No county or municipality may prohibit a wrecker
58 service or towing-storage or wrecker operator from charging a
59 reasonable daily administrative fee for the storage of electric
60 vehicles that have been involved in an accident in addition to
61 fees specifically authorized in paragraph (c). Such daily
62 administrative fee may not exceed three times the daily rate for
63 storage authorized in paragraph (c). For purposes of this
64 paragraph, the term "daily administrative fee" means any fee
65 imposed by a wrecker service or towing-storage or wrecker
66 operator for administrative costs added to the amount due for
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 577 (2025)
Amendment No. 1
67 towing and storing the electric vehicle that are associated with
68 and unique to the cleanup of the accident scene, debris removal,
69 and additional costs related to storing that are specific to an
70 electric vehicle that has been in an accident.
71 Section 3. Section 324.0222, Florida Statutes, is created
72 to read:
73 324.0222 Storage of electric vehicles; coverage.—
74 Nothing in ss. 125.0103, or 166.043, relating to the
75 storage of electric vehicles, requires a motor vehicle insurer
76 to pay any costs beyond what is covered pursuant to a contract
77 with their insured.
78 Section 4. Section 713.78, Florida Statutes, is amended to
79 read:
80 713.78 Liens for recovering, towing, or storing vehicles
81 and vessels.—
82 (2)(a) A towing-storage operator may charge the owner or
83 operator of a vehicle or vessel only the following fees for, or
84 incidental to, the recovery, removal, or storage of the vehicle
85 or vessel:
86 1. Any reasonable fee for service specifically authorized
87 under s. 125.0103 or s. 166.043 by ordinance, resolution,
88 regulation, or rule of the county or municipality in which the
89 service is performed.
90 2. Any reasonable fee for service specifically authorized
91 by the Division of Florida Highway Patrol of the Department of
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 577 (2025)
Amendment No. 1
92 Highway Safety and Motor Vehicles under s. 321.051(2).
93 3. Any reasonable fee for service as agreed upon in
94 writing between a towing-storage operator and the owner of a
95 vehicle or vessel.
96 4. Any lien release administrative fee as set forth in
97 paragraph (15)(a).
98 5. Any reasonable administrative fee or charge imposed by
99 a county or municipality pursuant to s. 125.01047, s. 166.04465,
100 or s. 323.002 upon the registered owner or other legally
101 authorized person in control of a vehicle or vessel.
102 6. Any reasonable daily administrative fee for the storage
103 of electric vehicles that have been involved in an accident,
104 which may be charged in addition to fees specifically authorized
105 under s.125.0103 or s. 166.043. Such daily administrative fee
106 may not exceed three times the daily rate for storage authorized
107 under s.125.0103 or s. 166.043.. For purposes of this paragraph,
108 the term "daily administrative fee" means any fee imposed by a
109 towing-storage or wrecker operator for administrative costs
110 added to the amount due for towing and storing the electric
111 vehicle that are associated with and unique to the cleanup of
112 the accident scene, debris removal, and additional costs related
113 to storing that are specific to an electric vehicle that has
114 been in an accident.
115 Section 5. This act shall take effect July 1, 2025.
116
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for CS/HB 577 (2025)
Amendment No. 1
117 -----------------------------------------------------
118 T I T L E A M E N D M E N T
119 Remove line 7 and insert:
120 daily administrative fee for the storage of electric
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Page 6 of 6
PCS for HB 1489
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for HB 1489 COMPANION BILL: CS/SB 1734 (Collins)
TITLE: Kratom Products LINKED BILLS: None
SPONSOR(S): Industries & Professional Activities RELATED BILLS: None
Subcommittee
Committee References
Orig. Comm.: Industries & Professional Activities
SUMMARY
Effect of the Bill:
The bill revises the Florida Kratom Consumer Protection Act to provide requirements for the distribution and sale
of kratom products. The bill restricts the types of businesses and locations where kratom products may be sold, and
creates requirements for remote sales. The bill provides penalties for violations, procedures for the seizure,
confiscation, and destruction of such products, and authorizes the Department of Agriculture and Consumer
Services to administer and enforce these provisions. The bill prohibits using kratom products near certain schools.
The bill authorizes certain alcoholic beverage licensees to sell such products and authorizes the Department of
Business and Professional Regulation Division of Alcoholic Beverages and Tobacco to discipline tobacco products
dealers and nicotine products dealers for certain violations.
Fiscal or Economic Impact:
Indeterminate. The bill may have an indeterminate fiscal impact on state government and the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill revises the Florida Kratom Consumer Protection Act to provide requirements for the testing, certification,
distribution, and sale of kratom products.
Definitions
The bill defines the following terms:
"Attractive to children" means manufactured in the shape of or packaged in containers displaying humans,
cartoons, animals, toys, or other features that target children; manufactured in a form or packaged in a
container that bears any reasonable resemblance to an existing candy or snack product that is familiar to
the public; manufactured in a form or packaged in a container that bears any reasonable resemblance to a
branded food product such that the product could be mistaken for the branded food product, especially by
children; or containing any color additives.
"Contaminants unsafe for human consumption" includes, but is not limited to, any microbe, fungus, yeast,
mildew, herbicide, pesticide, fungicide, residual solvent, metal, or other contaminant found in any amount
that exceeds any of the accepted limitations as determined by rules adopted by the Department of Health in
accordance with s. 381.986, or other limitation pursuant to the laws of this state, whichever amount is less.
"Independent testing laboratory" means a laboratory that:
o Does not have a direct or indirect interest in the entity whose product is being tested;
o Does not have a direct or indirect interest in a facility that processes, distributes, dispenses, or sells
kratom products in the state or in another jurisdiction or cultivates, processes, distributes,
dispenses, or sells marijuana, as defined in s. 381.986; and
STORAGE NAME: PCS1489.IPA
DATE: 3/30/2025
1
o Is certified by the Department of Health as a medical marijuana testing laboratory pursuant to s.
381.988, or is certified by the department as being substantially equivalent to a medical marijuana
testing laboratory.
“Manufacturer” means any person or entity that engages in the process of manufacturing, preparing, or
packaging of Kratom products.
“Retailer” means any person or entity who sells kratom products to consumers.
“Wholesaler” means any person or entity located inside or outside this state that delivers or sells products
containing Kratom to retailers or other persons for purposes of resale. (Section 1)
Certification of Laboratories
The bill requires the Department of Agriculture and Consumer Services (DACS) to certify any laboratory located
within the state or another state which meets the qualifications of an independent testing laboratory. However, a
medical marijuana testing laboratory certified pursuant to s. 381.988, F.S., is not required to receive certification.
(Section 1)
The bill requires DACS, with the assistance of the Department of Health, to adopt rules establishing the standards
for certification of independent testing laboratories, and adopt rules for the testing of kratom products. (Section 1)
The rules must include, but are not limited to:
Security standards.
Minimum standards for personnel.
Sample collection methods and process standards.
Proficiency testing for Mitragynine, 7-hydroxymitragynine, and contaminants unsafe for human
consumption, as determined by department rule.
Reporting content, format, and frequency.
Audits and onsite inspections.
Quality assurance.
Equipment and methodology.
Chain of custody.
Any other standard the department deems necessary. (Section 1)
DACS is required to:
Renew the certification biennially if the laboratory meets certain requirements or rules.
Adopt rules establishing a procedure for initial certification and biennial renewal.
Publish on its website a list of all laboratories that have received certification. (Section 1)
The bill authorizes DACS to refuse to issue, renew, suspend, or revoke, the certification of an independent testing
laboratory that is found to be in violation of certain provisions or DACS rules. (Section 1)
The bill requires the laboratories that receive certification DACS to agree to random unannounced audits and
onsite inspections by DACS. (Section 1)
Distribution and Retail Sales
The bill authorizes the distribution and sale of kratom products in the state under the following conditions:
The kratom product must:
o Not be adulterated with a dangerous non-kratom substance affecting the quality or strength of the
product to a degree that renders the product injurious to a consumer.
o Not be contaminated with contaminants unsafe for human consumption or an otherwise
deleterious non-kratom substance, including a controlled substance;
o Contain a level of 7-hydroxymitragynine in the alkaloid fraction that is no more than two percent of
the overall alkaloid composition of the product; and
o Not contain any synthetic alkaloids, including synthetic 7-hydroxymitragynine and synthetically
derived compounds from a plant of the Mitragyna speciosa.
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2
The kratom product must be tested by the manufacturer, the wholesaler, and the retailer by an
independent testing laboratory.
The independent testing laboratory’s certificate of analysis must state the kratom product was tested for:
o Synthetic alkaloids.
o 7-hydroxymitragynine.
o Heavy metals.
o Mycotoxins.
o Pesticides.
o Potency.
o Residual solvents.
o Any other controlled substance.
o Any other substance the department deems necessary.
The kratom product must be distributed or sold in a container that:
o Includes scannable barcode or quick response code linked to the certificate of analysis of the
kratom product;
o Includes the kratom product testing number;
o Includes the expiration date of the kratom product;
o Is suitable to contain products for human consumption;
o Is composed of materials designed to minimize exposure to light;
o Mitigates exposure to high temperatures;
o Is a single color and is not transparent. However, this does not apply to the universal symbol;
o Does not contain any pictures or images other than a single logo, which may not be attractive to
children and may be no more than 20 percent of the container;
o Contains a clear and conspicuous warning developed by the department that the product is a
kratom product;
o Contains a universal symbol that indicates the presence of kratom, which must be developed by the
department;
o Is not attractive to children; and
o Is compliant with the United States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et
seq., without regard to provided exemptions. For purposes of this subparagraph, a beverage in a
sealed container is considered compliant with the United States Poison Prevention Packaging Act of
1970, 15 U.S.C. ss. 1471 et seq. (Section 1)
The bill does not require a wholesaler or retailer to test their kratom products if:
The product is packaged in a container in a manner that may be sold to the ultimate consumer when the
wholesaler or retailer receives the product from the manufacturer or wholesaler;
The product was tested by the manufacturer or wholesaler; and
The wholesaler or retailer does not open the container. (Section 1)
The bill restricts the retail sale and delivery of kratom products, to the following methods:
At establishments that:
o Have a food permit from DACS; and
o Prohibit persons under 21 years of age on the establishment’s premises.
At establishments that have a food permit from DACS and an alcoholic beverage quota license.
o Establishments with a quota license, that allow persons under 21 years of age on the
establishment’s premises, are required to place kratom products, not including beverages, in an
area inaccessible to customers.
o Such establishments may place kratom products, not including beverages, in an open display unit as
long as the unit is located in an area that is inaccessible to customers; or
In accordance with the mail order, internet, and remote sales of kratom products requirements in s. 500.93,
F.S. (Section 1)
The bill prohibits kratom products from being sold, given, bartered, furnished, or delivered to consumers at
festivals, fairs, trade shows, farmers markets, expositions, or pop-up retail establishments.
The bill creates a graduated schedule of penalties for violations and the prohibition on underage sales, as follows:
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3
First offense: Second degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083, F.S., F.S.
Second offense within 12 months of the first offense: First degree misdemeanor, punishable as
provided in s. 775.082 or s. 775.083, F.S.
Third or subsequent offense within 12 months of the second offense: Felony of the third-degree,
punishable as provided in s. 775.082 or s. 775.083, F.S. (Section 1)
DACS is also authorized to take any of the following actions against any person licensed or permitted for a
violation: place on probation or reprimand the licensee or permit, revoke, suspend, or deny the issuance or
renewal of the license or permit, impose an administrative fine not to exceed $5,000 per violation or assess costs
associated with investigation and prosecution. (Section 1)
The bill requires DACS to enforce these provisions, and requires every state attorney, sheriff, police officer, and
other appropriate county or municipal officer to enforce, or assist DACS in enforcement. (Section 1)
Mail order, Internet, Remote Sales, and Age Verification
The bill provides the following definitions:
"Consumer" means a person in the state who comes into possession of any kratom product who, at the time
of possession, is not intending to sell or distribute the kratom product, or is not a retailer.
"Delivery sale" means any sale of a kratom product to a consumer in the state for which:
o The consumer submits the order for the sale by telephonic or other voice transmission, mail,
delivery service, or the Internet or other online service; or
o The kratom product is delivered by use of mail or a delivery service.
"Delivery service" means any person engaged in the commercial delivery of letters, packages, or other
containers.
"Legal minimum purchase age" means the minimum age at which an individual may legally purchase
kratom products in the state.
"Retailer" has the same meaning as provided in s. 581.217, F.S.
"Shipping container" means a container in which Kratom product is shipped in connection with a delivery
sale.
"Shipping document" means a bill of lading, airbill, United States Postal Service form, or any other
document used to verify the undertaking by a delivery service to deliver letters, packages, or other
containers.
“Kratom Product” has the same meaning as provided in s. 500.92.
“Wholesaler” has the same meaning as provided in s. 500.92. (Section 2)
The bill provides that:
The sale of kratom products constitutes a delivery sale, as defined, and is a delivery sale regardless of
whether the person accepting the order for the delivery sale is located inside or outside the state.
A retailer is required to obtain a food permit from DACS under the Florida Food Safety Act before accepting
an order for a delivery sale.
A person may not make a delivery sale of Kratom product to any individual who is not 21 years of age or
older.
Each person accepting an order for a delivery sale must comply with the:
o Age verification requirements.
o Disclosure requirements.
o Shipping requirements. (Section 2)
The bill prohibits mailing, shipping, or otherwise delivering kratom products in connection with an order for a
delivery sale unless, before the first delivery to the consumer, the person accepting the order:
Obtains from the person submitting the order a certification that includes:
o Reliable confirmation that the person is 21 years of age or older; and
o A statement signed by the person in writing and under penalty of perjury which:
Certifies the address and date of birth of the person; and
Confirms that the person wants to receive delivery sales from a Kratom product retailer and
understands that, under the laws of the state, the following actions are illegal:
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4
Signing another person's name to the certification;
Selling Kratom products to individuals who are not 21 years of age or older; and
Purchasing Kratom products, if the person making the purchase is not 21 years of
age or older.
Makes a good faith effort to verify the information contained in the certification provided by the individual
against a commercially available database that may be reasonably relied upon for accurate age information
or obtains a photocopy or other image of a valid government-issued identification card stating the date of
birth or age of the individual.
Provides to the individual, via electronic mail or other means, a notice.
If an order for Kratom products is made pursuant to an advertisement on the Internet, receives payment
for the delivery sale from the consumer by a credit or debit card issued in the name of the consumer, or by
personal or company check of the consumer.
Submits, to each credit card acquiring company with which the person has credit card sales, identification
information in an appropriate form and format so that the words "Kratom product" may be printed in the
purchaser's credit card statement when a purchase of Kratom products is made by credit card payment.
Makes a telephone call after 5 p.m. to the purchaser confirming the order before shipping the Kratom
product. The telephone call may be a person-to-person call or a recorded message. The person accepting
the order for delivery sale is not required to speak directly with a person and may leave a message on an
answering machine or through voice mail. (Section 2)
In addition to these shipping requirements, a person accepting an order for a delivery sale is authorized to request
that a consumer provide an electronic mail address. (Section 2)
The bill requires the pre delivery shipping notice to include prominent and clearly legible statements that sales of
Kratom products are:
Illegal if made to individuals who are not 21 years of age or older.
Restricted to those individuals who provide verifiable proof of age. (Section 2)
The bill requires each person who mails, ships, or otherwise delivers Kratom products in connection with an order
for a delivery sale to:
Ship the Kratom product in a container that complies with the container requirements in s. 500.92, F.S.
Include as part of the shipping documents, in a clear and conspicuous manner, the following statement:
"Kratom product: Florida law prohibits shipping to individuals under 21 years of age."
Use a method of mailing, shipping, or delivery which obligates the delivery service to require proof that the
individual accepting the order for the delivery sale is 21 years of age or older and resides at the address
listed on the order label, by reviewing a valid, government-issued identification card bearing a photograph
of the individual who signs to accept delivery of the shipping container. (Section 2)
If the person accepting a purchase order for a delivery sale delivers the Kratom product without using a delivery
service, the person must comply with all of the requirements which apply to a delivery service. Any failure to
comply constitutes a violation. (Section 2)
The delivery sale provisions do not apply to delivery sales of kratom products to a retailer or wholesaler. (Section
2)
The bill provides that an individual 21 years of age or older who knowingly violates any provision of the shipping
requirements commits a second degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083, F.S., and
the Attorney General, or a state attorney may bring an action to prevent or restrain violations. (Section 2)
Seizure and Destruction of Contraband Kratom Products
The bill provides that kratom products sold, offered for sale, delivered, or distributed contrary to any provision of
ss. 500.92-500.93, F.S., of the Florida Kratom Consumer Protection Act:
Are declared to be contraband;
Are subject to seizure and confiscation under the Florida Contraband Forfeiture Act by any person whose
duty it is to enforce those sections; and
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5
Must be disposed of as follows:
o A court having jurisdiction must order such kratom products forfeited upon a showing that, by a
preponderance of the evidence, such devices were sold, offered for sale, delivered, or distributed
contrary to any provision of ss. 500.92-500.93, F.S. Once any chapter 120, F.S. proceedings related
to such products have been completed, the court must order any seized kratom products destroyed
except as provided by applicable court orders. A record of the place where such products were
seized, the kinds and quantities of such products destroyed, and the time, place, and manner of the
destruction of such products must be kept, and a return under oath reporting the destruction must
be made to the court by the officer who destroys such products.
o DACS or seizing law enforcement agency must keep a full and complete record of all products
seized under this section showing:
The exact kinds, quantities, and forms of such products;
The persons from whom such products were seized and to whom they were delivered;
By whose authority such products were seized, delivered, and destroyed; and
The dates of the seizure, disposal, or destruction of such products.
o Such record must be open to inspection by all persons charged with the enforcement of ss. 581.217
through 581.218, F.S., the state hemp program.
o The cost of seizure, confiscation, and destruction of contraband kratom products is borne by the
person from whom such products are seized.
o Except as otherwise provided, the procedures of the Florida Contraband Forfeiture Act apply to this
Act.
o Kratom products has the same meaning as provided in s. 500.92, F.S. (Section 3)
Ingesting Kratom Products Near School Property
The bill prohibits ingesting kratom products in, on, or within 1,000 feet of the real property comprising a public or
private elementary, middle, or secondary school between the hours of 6 a.m. and midnight. This section does not
apply to any person occupying a moving vehicle or within a private residence. (Section 4)
The bill authorizes law enforcement officers to issue a citation as prescribed by a county or municipality for
violations, that include:
The date and time of issuance.
The name and address of the person cited.
The date and time the civil infraction was committed.
The statute violated.
The facts constituting the violation.
The name and authority of the law enforcement officer.
The procedure for the person to follow to pay the civil penalty, to contest the citation, or to appear in court.
The applicable civil penalty if the person elects not to contest the citation.
The applicable civil penalty if the person elects to contest the citation. (Section 4)
The bill provides that such citations are deemed a civil infraction punishable by a maximum civil penalty of $25, or
50 hours of community service or, where available, successful completion of a school-approved anti-drug
"alternative to suspension" program. (Section 4)
The bill provides that failure to comply with the citation is deemed as a waiver of the right to contest the citation
and an order to show cause may be issued by the court. (Section 4)
Division of Alcoholic Beverages and Tobacco
The bill authorizes:
An alcoholic beverage vendor licensed to operate a place of business where beverages are sold only in
sealed containers for consumption off the premises (package store licensee) to sell kratom products in
accordance with the Florida Kratom Consumer Protection Act. (Section 5)
An alcoholic beverage quota licensee to sell kratom products in accordance with the Florida Kratom
Consumer Protection Act. (Section 6)
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6
The Department of Business and Professional Regulation (DBPR) Division of Alcoholic Beverages and
Tobacco (ABT) to discipline the permit of a retail tobacco products dealer, or a retail nicotine products
dealer, for violations of the Florida Kratom Consumer Protection Act. (Section 7 and 8)
Effective Date
The effective date of the bill is January 1, 2025. (Section 9)
RULEMAKING:
The bill requires DACS to adopt rules:
Establishing standards for certification of independent testing laboratories.
For the testing of kratom products.
A procedure for initial certification and biennial renewal.
The bill requires the Department of Health to assist DACS in developing rules for the certification of independent
testing laboratories.
Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
Indeterminate. The bill may increase expenditures and revenues for DACS and DBPR, related to additional
administration and enforcement costs, and the collection of related fees and fines.
PRIVATE SECTOR:
Indeterminate. The bill may increase expenditures for manufacturers, retailers, and wholesalers to satisfy the new
regulatory requirements in the bill. However, such requirements may result in a cost savings to the extent that
improvements are made to the health and safety related to the consumption of kratom products.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Kratom
Kratom is a tropical tree native to Southeast Asia, which contains two major psychoactive ingredients, mitragynine
and 7-hydroxymytragynine, in its leaves.1 The leaves are crushed and then smoked, brewed with tea, or placed into
gel capsules.2 Consumption of kratom leaves can produce stimulant and sedative effects, and may also lead to
psychotic symptoms.3
Some research has found that kratom can be used as a substitute for opiate users to combat withdrawal symptoms,
as well as to treat muscle ache, fatigue, and other conditions.4 Low doses of kratom are said to produce a stimulant
effect, while higher doses may produce an opioid-like effect.5 Additionally, research points to the potential for
1
Drug Enforcement Administration, Kratom (April 2020), https://www.dea.gov/sites/default/files/2020-06/Kratom-2020_0.pdf (last
visited Mar. 28, 2025).
2
Id.
3
Id.
4
See Dimy Fluyau and Neelambika Revedigar, Biochemical Benefits, Diagnosis, and Clinical Risks Evaluation of Kratom, FRONTIERS
IN PSYCH. J. VOL. 8 (April 24, 2017) https://www.frontiersin.org/articles/10.3389/fpsyt.2017.00062/full (last visited Mar. 25, 2025).
5
Fluyau and Neelambika, supra note 6.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
further development of mitragynine and the use of kratom as a harm reduction agent.6 Even so, the toxicity of
kratom remains a topic of discussion, as well as its potential to cause herb-drug interactions and even be involved
in fatalities.7 While research on kratom is in early stages, kratom itself has the potential to be addictive and has not
been shown to be safe or effective for any medical use.8
According to the FDA, kratom is not appropriate for use as a dietary supplement. The FDA has concluded from
available information, including scientific data, that kratom is a new dietary ingredient for which there is
inadequate information to provide reasonable assurance that such ingredient does not present a significant or
unreasonable risk of illness or injury and, therefore, dietary supplements that are or contain kratom are
adulterated under the FD&C Act. Further, FDA has determined that kratom, when added to food, is an unsafe food
additive. Based on these determinations by FDA, kratom is not lawfully marketed as a dietary supplement and
cannot be lawfully added to conventional foods.9
Florida Kratom Consumer Protection Act of 2023
In 2023, the Legislature enacted the Florida Kratom Consumer Protection Act,10 which made it unlawful to sell,
deliver, barter, furnish, or give, directly or indirectly, any kratom product to a person under 21 years of age.
Violations are a second degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083, F.S.11
The Florida Department of Agriculture and Consumer Services (DACS) is required to adopt rules to implement the
act. The rules include the following requirements:12
Each establishment distributing products consisting of or containing Kratom Products must be permitted
as a Food Establishment pursuant under the Florida Food Safety Act.
Kratom Products must be packaged and labeled as required by the Florida Food Safety Act.
Retailers that sell Kratom must display signs regarding the age limit for purchasing Kratom.
Food Establishments must obtain confirmation that the purchaser is 21 years of age or older before mailing
the product.
Food Establishments must require proof of age from a purchaser of any Kratom product before selling the
product to that person.
Kratom products shall not be offered for sale by means of vending machines.
The rule authorizes DACS to enforce violations by imposing stop-sale/stop-use orders, administrative fines of up to
$5,000 per violation, permit suspensions, and/or revocations, and other administrative disciplinary procedures.13
State and Federal Prohibitions
Currently, kratom is not listed as a controlled substance under federal law or Florida law. In 2016, the U.S. Drug
Enforcement Administration (DEA) submitted a notice of intent to place kratom into Schedule I of the Controlled
Substances Act (CSA) based on abuse potential and risk to public health.14 However, the DEA withdrew the notice a
few months later based on public comments.15 In a letter obtained by an industry group, U.S. Health and Human
Services appeared to rescind their recommendation to the DEA to place kratom on Schedule I of the CSA in 2018,
6
See Charles Veltri and Oliver Grundmann, Current Perspectives on the Impact of Kratom Use, SUBSTANCE ABUSE AND REHAB. J.
VOL. 10, 23-31 (July 1, 2019) https://pubmed.ncbi.nlm.nih.gov/31308789/ (last visited Mar. 25, 2025).
7
Id.; see also FLORIDA DEPT. LAW ENF’T, Drugs https://www.fdle.state.fl.us/MEC/Publications-and-Forms/Documents/Drugs-in-
Deceased-Persons/2021-Interim-Drug-Report-FINAL.aspx (last visited Mar. 25, 2025). In May of 2022 the Florida Department of
Law Enforcement published its 2021 Interim Report, which found a 36% rise in kratom-involved deaths over the first half of 2021.
8
NAT’L CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH, Kratom, https://www.nccih.nih.gov/health/kratom (last visited
Mar. 25, 2025).
9
U.S. Food & Drug Administration, FDA and Kratom, https://www.fda.gov/news-events/public-health-focus/fda-and-kratom (last
visited Mar. 25, 2025).
10
Ch. 2023-182, Laws of Fla.
11
S. 500.92, F.S.
12
R. 5K-4.030, F.A.C.
13
Id.
14
81 FR 59929.
15
81 FR 70652
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8
stating that such action should wait until it is supported by further research on kratom uses, abuse, and risks.16 The
DEA continues to label kratom as a drug of concern.17
The U.S. Food and Drug Administration (FDA) has stated that there is substantial concern regarding the safety of
kratom and the risk it may pose to public health, and indicated that there are currently no FDA-approved uses for
kratom.18 The FDA is actively evaluating all available scientific information on the safety and effects of kratom and
continues to warn consumers not to use any kratom products, but has made no official findings.19
In 2015, the FDA issued an import alert20 that labels kratom as an adulterating ingredient.21 As a result, the FDA
seized imports of kratom-containing dietary supplements and bulk dietary ingredients. In May of 2021, the FDA
announced the seizure of around 37,500 tons of adulterated kratom in Fort Myers, Florida, worth an estimated
$1.3 million.22 On October 26, 2021, a consent decree of condemnation and destruction against the seized articles
by the FDA was entered, which required the claimants to pay a penal bond and destroy all seized articles.23
Generally, the official federal legal and regulatory status of kratom or kratom included in food products is still
being decided.
In 2014, Sarasota County banned kratom, labeling it as a designer drug.24 With the exception of Sarasota County, in
Florida, all parts of the plant and its extracts are legal to cultivate, buy, possess, and distribute without a license or
prescription.
Kratom is illegal in Alabama,25 Arkansas,26 Indiana,27 Rhode Island,28 Vermont,29 and Wisconsin.30 Other states such
as Arizona,31 Georgia,32 Texas,33 and Utah34 regulate kratom under their state’s version of the Kratom Consumer
Protection Act. A total of sixteen states regulate the sale of kratom products in some fashion. The state laws are
not uniform. Their differences arise in their handling of particular issues relating to kratom products. These issues
include:35
16
Josh Long, HHS in 2018 rescinded recommendation to schedule kratom as a drug, Jan. 28, 2021,
https://www.naturalproductsinsider.com/regulatory/hhs-2018-rescinded-recommendation-schedule-kratom-drug (last visited Mar. 28,
2025).
17
U.S. Drug Enforcement Administration, Kratom, https://www.dea.gov/factsheets/kratom (last visited Mar. 28, 2025).
18
U.S. Food and Drug Administration, FDA and Kratom, https://www.fda.gov/news-events/public-health-focus/fda-and-kratom (last
visited Mar. 25, 2025).
19
Id.
20
U.S. Food and Drug Administration, Import Alert 54-15, Import Alert 54-15 (fda.gov) (last visited Mar. 25, 2025).
21
Id. The FDA labeled kratom as adulterating based on the absence of a history of use or other evidence of safety establishing that
kratom will reasonably be expected to be safe as a dietary ingredient, kratom and kratom-containing dietary supplements and bulk
dietary ingredients are adulterated because they contain a new dietary ingredient for which there is inadequate information to provide
reasonable assurance that such ingredient does not present a significant or unreasonable risk of illness or injury.
22
U.S. Food and Drug Administration, FDA Announces Seizure of Adulterated Dietary Supplements Containing Kratom, May 21,
2021, https://www.fda.gov/news-events/press-announcements/fda-announces-seizure-adulterated-dietary-supplements-containing-
kratom (last visited Mar. 25, 2025).
23
Id.
24
See Sarasota, FL., Code of Ordinances, Sec. 62-351 (2014).
25
See Alabama Public Health, Controlled Substance List (Jan. 20, 2021),
https://www.alabamapublichealth.gov/blog/assets/controlledsubstanceslist.pdf (last visited Mar. 25, 2025).
26
See Arkansas Department of Health, List of Controlled Substances, available at https://healthy.arkansas.gov/wp-
content/uploads/Controlled_Substances_List.pdf (last visited Mar. 25, 2025).
27
See IC 35-31.5-2-321.
28 Rhode Island Department of Health, Designation of Controlled Substance (Apr. 10, 2017),
https://docs.wixstatic.com/ugd/9ba5da_9836aee2b9f04a30b55fe480fe3c6ff4.pdf (last visited Mar. 30, 2025).
29
See Vt. Admin. Code 12-5-23:4.0.
30
See W.S.A. 961.14.
31
See AZ Rev Stat § 36-795.02.
32
See GA Code § 16-13-121.
33 Texas Health and Safety Code Ann. Ch. 444 (2023).
34
See UT Code § 4-45-101.
35 Congressional Research Service, Kratom Regulation: Federal Status and State Approaches, https://www.congress.gov/crs-
product/LSB11082 (last visited Mar. 30, 2025).
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9
Age restrictions
Marketing to children.
Adulteration and contamination.
Strength.
Labeling.
Testing and sampling.
Regtistration and permitting.
Synthetic alkaloids.
Local authority.
Private right of action.
Taxation.
Federal Food, Drug, and Cosmetic Act
The Federal Food, Drug, and Cosmetic Act (FDCA) is a federal law which establishes the legal framework within
which the FDA operates.36 The FDA develops regulations under the FDCA for the safety of foods, drugs, and
cosmetics based on the laws set forth in the FDCA, including when a food is adulterated.37 Instances where a food
must be determined to be adulterated include when it:38
Bears or contains any poisonous or deleterious substance which may render it injurious to health; such as
consisting in whole or in part of any filthy, putrid, or decomposed substance;
Is a dietary supplement or contains a dietary ingredient that presents a significant or unreasonable risk of
illness or injury under use pursuant to the label;
Is a new dietary ingredient for which there is inadequate information to provide reasonable assurance that
such ingredient does not present a significant or unreasonable risk of illness or injury.
When a food is determined to be adulterated, the FDA may take the following compliance measures:39
Warning and untitled letters,
Import alerts,
Recalls,
Debarment,
Civil money penalties,
Seizure of products,
Injunctions, and
Criminal prosecution.
Florida Food Safety Act
The purpose of the Florida Food Safety Act (Act)40 is to safeguard and protect the consuming public from product
use and merchandising deceit regarding the intrastate commerce of food. The Act is also meant to promote
conformance with the Federal Food, Drug, and Cosmetic Act,41 Agriculture Marketing Act of 1946,42 and Federal
Trade Commission Act.4344
DACS is the agency responsible for the enforcement of the production, manufacture, transportation, and sale of
food through the Act. The DACS Division of Food Safety (Division) is directly responsible for assuring the public of
a safe, wholesome, and properly represented food supply.45 The division accomplishes this through the
36
21 U.S.C. 301.
37
See 21 C.F.R. §§ 1-1299.
38
21 U.S.C. 342.
39
CRS Report R43609, Enforcement of the Food, Drug, and Cosmetic Act: Select Legal Issues, February 9, 2018,
https://www.everycrsreport.com/reports/R43609.html#fn96 (last visited Mar. 25, 2025).
40
See ch. 500, F.S.
41
21 U.S.C. §§ 301-399d.
42
7 U.S.C. §§ 1621-1629.
43
5 U.S.C. §§ 41-58, as amended.
44
S. 500.02, F.S.
45
FDACS, Division of Food Safety, https://www.fdacs.gov/Divisions-Offices/Food-Safety (last visited March 8, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
permitting46 and inspection47 of food establishments,48 the inspection and evaluation of food products, and the
performance of specialized laboratory testing on a variety of food products sold or produced in Florida.49 The
Division also proactively monitors food from manufacturing and distribution to retail.50
As part of its responsibilities, DACS can impose a variety of disciplinary actions against food establishments for
specified violations.51 This includes, but is not limited to, revoking or suspending52 the permit of a food
establishment or imposing Class II53 administrative fines.54 DACS, or its duly authorized agent, can also issue and
enforce a stop-sale, stop-use, removal, or hold order if DACS or its agent finds any food, food processing equipment,
area, or food storage area is in violation of the Florida Food Safety Act.55
Many FDA regulations have been adopted as rules of the division.56
The following are examples when food is deemed adulterated: 57
Food that bears or contains any poisonous or deleterious substance which may render it injurious to
health;
Food that bears or contains any added poisonous or added deleterious substance; a food additive; or a
color additive, which is unsafe;
Food that is or bears or contains any food additive which is unsafe;
Food whose container is composed, in whole or in part, of any poisonous or deleterious substance;
Food where any substance has been substituted wholly or in part therefor;
Food where damage or inferiority has been concealed in any manner; and
A dietary supplement or its ingredients that present a significant risk of illness or injury due to certain
labeling and ingredient requirements.
Misbranded food includes food offered for sale and its label or labeling does not comply with the requirements of
21 U.S.C. s. 343(r) pertaining to nutritional content claims and health claims. Labels for supplements may not claim
to diagnose, mitigate, treat, cure, or prevent a specific disease or class of diseases.58
DACS may inspect food that may be adulterated or misbranded;59 seize food that is adulterated or misbranded;60
suspend permits of those who sell food that is adulterated or misbranded, adulterate or misbrand food, or receive
food in commerce that is adulterated or misbranded;61 and impose a fine for adulterated or misbranded food, not
to exceed $5,00062 per violation.63
Florida Contraband Forfeiture Act
46
S. 500.12, F.S.
47
S. 500.147, F.S.
48
S. 500.03(1)(p), F.S., defines “food establishment” as a factory, food outlet, or other facility manufacturing, processing, packing,
holding, storing, or preparing food or selling food at wholesale or retail. The term does not include a business or activity regulated
under s. 413.051, s. 500.80, chapter 509, or chapter 601. The term includes tomato packinghouses and repackers but does not include
any other establishments that pack fruits and vegetables in their raw or natural states, including those fruits or vegetables that are
washed, colored, or otherwise treated in their unpeeled, natural form before they are marketed.
49
S. 500.09(6), F.S.
50
S. 500.81(3)(b)1., F.S.
51
S. 500.121, F.S.
52
Id.
53
The fine for each Class II violation cannot exceed $5,000. S. 570.971(1)(b), F.S.
54
S. 500.121, F.S.
55
S. 500.172, F.S.
56
R. 5K-4.002, F.A.C.
57
S. 500.10, F.S.
58
S. 500.11(1)(n), F.S.; 21 U.S.C. s. 343 (r)(6)(C.
59
S. 500.147(1), F.S.
60
S. 500.173, F.S.
61
S. 500.12(4), F.S.
62
S. 570.971(1)(b), F.S.
63
S. 500.121, F.S.
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11
The Florida Contraband Forfeiture Act64 prescribes procedures for law enforcement agencies to follow when
seizing, forfeiting, and disposing of property under the act. Property may only be seized if the owner of the
property is arrested for a criminal offense that forms the basis for determining that the property is a contraband
article, or if one of the following circumstances apply:65
The owner of the property cannot be identified after a diligent search, or the person in possession of the
property denies ownership and the owner of the property cannot be identified by means that are available
to the employee or agent of the seizing agency at the time of the seizure;
The owner of the property is a fugitive from justice or is deceased;
An individual who does not own the property is arrested for a criminal offense that forms the basis for
determining that the property is a contraband article and the owner of the property had actual knowledge
of the criminal activity;
The owner of the property agrees to be a confidential informant; or
The property is a monetary instrument.
Florida Clean Indoor Air ACT
The FCIAA prohibits any person under the age of 21 from smoking tobacco or vaping within 1,000 feet of a public
or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight. A violation of this
prohibition is punishable by a maximum noncriminal civil penalty not to exceed $25, 50 hours of community
service or, where available, successful completion of a school-approved anti-tobacco “alternative to suspension.”66
Division of Alcoholic Beverages and Tobacco
The Division of Alcoholic Beverages and Tobacco (ABT) within the Department of Business and
Professional Regulation (DBPR) is the state agency responsible for the regulation and enforcement of alcoholic
beverages, tobacco products, and nicotine products. Alcoholic beverages are regulated by the Beverage Law,67
which governs the manufacture, distribution, and sale of wine, beer, and liquor by manufacturers, distributors, and
vendors.68 Tobacco and nicotine products are regulated by the tobacco and nicotine products law, which governs
the purchasing, possessing, and regulation of the marketing, sale, or delivery by manufacturers and dealers.69
Tobacco and Nicotine Product Retailers
In order to sell tobacco products or nicotine products at retail in Florida, a person must obtain a retail tobacco
products dealer permit or retail nicotine products dealer permit from the Division. A person must obtain a
permit for each place of business or premises where tobacco or nicotine products are sold. 70
The Division may discipline a tobacco retailer or nicotine product retailer’s permit for violating any of the
provisions relating to the retail sale of such products. Such discipline includes administrative fines up to $1,000
and suspension or revocation of a permit.71
However, the Division may not discipline a tobacco retailer or nicotine product retailer’s permit for other
violations of the law, including violating the state hemp program.
Package Stores
A package store is a vendor operating a place of business where beverages are sold only in sealed containers for
consumption off the premises.72 Package stores may not sell, offer, or expose for sale any merchandise other than
such beverages, and such places of business must be devoted exclusively to such sales. However, package stores
may sell, in addition to alcoholic beverages:73
64 Ss. 932.701-932.7062, F.S.,
65 S. 932.703(1), F.S.
66 S. 386.212, F.S.
67 S. 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
68 See s. 561.14, F.S.
69 See ch. 569, F.S.
70 Ss. 569.003 and 569.32, F.S.
71 Ss. 569.006 and 569.35, F.S.
72 S. 565.02(1)(a), F.S.
73 S. 565.04, F.S.
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12
bitters,
grenadine,
nonalcoholic mixer-type beverages,
fruit juices produced in this state,
home bar, and party supplies and equipment,
miniatures of no alcoholic content, and
tobacco products.
Quota Licensees
Currently, there is not a limit on the number of licenses the Division may issue to businesses selling malt
beverages or wine. However, the law limits the number of licenses for selling distilled spirits to one license per
7,500 residents within the county with a minimum of three licenses per county for counties that have approved the
sale of intoxicating liquors. These licenses are known as quota licenses and are the only type of alcoholic beverage
license that is limited in number.74
Current law limits the types of items quota licensees may sell. Currently, quota licensees may only sell alcoholic
beverages, bitters, grenadine, nonalcoholic mixer-type beverages, fruit juices, party supplies, party-type foods,
miniatures of no alcoholic content, nicotine products, and tobacco products. If the quota licensee allows for the
consumption of alcohol on the licensee’s establishment then they may also sell items customarily sold in a
restaurant.75
Current law does not prohibit quota licensees from selling products containing kratom; however, it also does not
specifically allow it.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/HB 179 Andrade Gruters The bill became law on July 1,
202
OTHER RESOURCES:
United States Drug Enforcement Administration, Kratom
United States Food & Drug Administration, FDA and Kratom
University of Florida College of Pharmacy, Kratom Resources
Cleveland Clinic, Is Kratom Safe To Use?
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Industries & Anstead Thompson
I-
Professional
--- Activities
--
Subcommittee
74 S. 561.20, F.S.
75 S. 565.045, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
13
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
14
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1489 2025
1 A bill to be entitled
2 An act relating to kratom products; amending s.
3 500.92, F.S.; adding sections to the Florida Kratom
4 Consumer Protection Act; creating definitions;
5 providing for the certification of certain
6 laboratories; providing requirements for the sale and
7 distribution of kratom products; providing that only
8 certain businesses may sell kratom products at retail
9 and under certain conditions; providing that kratom
10 may nt be sold at certain places; revising criminal
11 penalties; providing administrative penalties;
12 providing jurisidiction for certain law enforcement
13 agencies; creating s. 500.93, F.S.; defining terms;
14 providing requirements for mail order, Internet, and
15 remote sales of kratom products; providing
16 applicability; providing criminal penalties; creating
17 s. 500.94, F.S.; declaring certain kratom products as
18 contraband subject to seizure and confiscation by
19 certain persons under the Florida Contraband
20 Forfeiture Act; providing procedures for the seizure
21 and destruction of such kratom products; providing
22 applicability; creating s. 500.95, F.S., prohibiting
23 using kratom products within a certain distance from a
24 school and at certain times; authorizing a law
25 enforcement officer to issue citations; amending s.
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26 565.04, F.S.; providing that certain alcoholic
27 beverage licensees may sell kratom products; amending
28 s. 565.045, F.S.; providing that certain alcoholic
29 beverage licensees may sell kratom products; amending
30 s. 569.006, F.S.,; providing that the division of
31 alcoholic beverages and tobacco may discipline a
32 retail tobacco products dealer for certain violations
33 of the law; amending s. 569.35, F.S.; providing that
34 the division of alcoholic beverages and tobacco may
35 discipline a retail nicotine products dealer for
36 certain violations of the law; providing an effective
37 date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Section 500.92, Florida Statutes, is amended to
42 read:
43 500.92 Florida Kratom Consumer Protection Act.—
44 (1) Sections 500.92-500.95 This section may be cited as the
45 "Florida Kratom Consumer Protection Act."
46 (2) DEFINITIONS.-As used in this section, the term:
47 (a) "Attractive to children" means manufactured in the
48 shape of or packaged in containers displaying humans, cartoons,
49 animals, toys, or other features that target children;
50 manufactured in a form or packaged in a container that bears any
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51 reasonable resemblance to an existing candy or snack product
52 that is familiar to the public; manufactured in a form or
53 packaged in a container that bears any reasonable resemblance to
54 a branded food product such that the product could be mistaken
55 for the branded food product, especially by children; or
56 containing any color additives.
57 (b) "Contaminants unsafe for human consumption" includes,
58 but is not limited to, any microbe, fungus, yeast, mildew,
59 herbicide, pesticide, fungicide, residual solvent, metal, or
60 other contaminant found in any amount that exceeds any of the
61 accepted limitations as determined by rules adopted by the
62 Department of Health in accordance with s. 381.986, or other
63 limitation pursuant to the laws of this state, whichever amount
64 is less.
65 (c) "Independent testing laboratory" means a laboratory
66 that:
67 1. Does not have a direct or indirect interest in the
68 entity whose product is being tested;
69 2. Does not have a direct or indirect interest in a
70 facility that processes, distributes, dispenses, or sells kratom
71 products in the state or in another jurisdiction or cultivates,
72 processes, distributes, dispenses, or sells marijuana, as
73 defined in s. 381.986; and
74 3. Is certified by the Department of Health as a medical
75 marijuana testing laboratory pursuant to s. 381.988, or is
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76 certified by the department as being substantially equivalent to
77 a medical marijuana testing laboratory pursuant to subsection
78 (11).
79 (d) "kratom product" means a food product, food
80 ingredient, dietary ingredient, dietary supplement, or beverage
81 intended for human consumption which contains any part of the
82 leaf of the plant Mitragyna speciosa or an extract, synthetic
83 alkaloid, or synthetically derived compound of such plant and is
84 manufactured as a powder, capsule, pill, beverage, or other
85 edible form.
86 (e) “Manufacturer” means any person or entity that engages
87 in the process of manufacturing, preparing, or packaging of
88 Kratom products.
89 (f) “Retailer” means any person or entity who sells kratom
90 products to consumers.
91 (g) “Wholesaler” means any person or entity located inside
92 or outside this state that delivers or sells products containing
93 Kratom to retailers or other persons for purposes of resale.
94 (3) CERTIFICATION OF LABORATORIES.-
95 (a) The department must certify any laboratory located
96 within this state or another state which meets the
97 qualifications of an independent testing laboratory. However, a
98 medical marijuana testing laboratory certified pursuant to s.
99 381.988 is not required to receive certification by the
100 department.
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101 (b) The department must adopt rules establishing the
102 standards for certification of independent testing laboratories,
103 and adopt rules for the testing of kratom products in accordance
104 with this section. The Department of Health must assist the
105 department in developing rules for the certification of
106 independent testing laboratories, which must include, but are
107 not limited to:
108 1. Security standards.
109 2. Minimum standards for personnel.
110 3. Sample collection methods and process standards.
111 4. Proficiency testing for Mitragynine, 7-
112 hydroxymitragynine, and contaminants unsafe for human
113 consumption, as determined by department rule.
114 5. Reporting content, format, and frequency.
115 6. Audits and onsite inspections.
116 7. Quality assurance.
117 8. Equipment and methodology.
118 9. Chain of custody.
119 10. Any other standard the department deems necessary.
120 (c) The department shall renew the certification
121 biennially if the laboratory meets the requirements of this
122 section or any rules adopted hereunder. The department shall
123 adopt rules establishing a procedure for initial certification
124 and biennial renewal.
125 (d) The department must publish on its website a list of
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126 all laboratories that have received certification.
127 (e) The department may refuse to issue or renew, or may
128 suspend or revoke, the certification of an independent testing
129 laboratory that is found to be in violation of this section or
130 any rules adopted by the department.
131 (f) Any laboratory that receives certification under this
132 subsection from the department agrees to random unannounced
133 audits and onsite inspections by the department or agents
134 thereof.
135 (4) DISTRIBUTION AND RETAIL SALE OF KRATOM PRODUCTS.—
136 (a) Kratom products may only be distributed and sold in
137 the state if all of the following conditions are met:
138 1. The kratom product:
139 a. Is not adulterated with a dangerous non-kratom
140 substance affecting the quality or strength of the product to a
141 degree that renders the product injurious to a consumer.
142 b. Is not contaminated with contaminants unsafe for human
143 consumption or an otherwise deleterious non-kratom substance,
144 including a controlled substance;
145 c. Contains a level of 7-hydroxymitragynine in the
146 alkaloid fraction that is no more than two percent of the
147 overall alkaloid composition of the product; and
148 d. Does not contain any synthetic alkaloids, including
149 synthetic 7-hydroxymitragynine and synthetically derived
150 compounds from a plant of the Mitragyna speciosa.
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151 2. The kratom product is tested by the manufacturer, the
152 wholesaler, and the retailer by an independent testing
153 laboratory and the laboratory’s certificate of analysis states:
154 a. The Kratom product was tested for:
155 b. Synthetic alkaloids.
156 c. 7-hydroxymitragynine.
157 d. Heavy metals.
158 e. Mycotoxins.
159 f. Pesticides.
160 g. Potency.
161 h. Residual solvents.
162 i. Any other controlled substance.
163 j. Any other substance the department deems necessary.
164 3. The kratom product is distributed or sold in a
165 container that includes:
166 a. A scannable barcode or quick response code linked to
167 the certificate of analysis of the kratom product;
168 b. The kratom product testing number;
169 c. The expiration date of the kratom product.
170 4. The kratom product is distributed or sold in a
171 container that:
172 a. Is suitable to contain products for human consumption;
173 b. Is composed of materials designed to minimize exposure
174 to light;
175 c. Mitigates exposure to high temperatures;
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176 d. Is a single color and is not transparent. However, this
177 does not apply to the universal symbol;
178 e. Does not contain any pictures or images other than a
179 single logo, which may not be attractive to children and no more
180 than 20 percent of the container;
181 f. Contains a clear and conspicuous warning developed by
182 the department that the product is a kratom product;
183 g. Contains a universal symbol that indicates the presence
184 of kratom, which must be developed by the department;
185 h. Is not attractive to children; and
186 i. Is compliant with the United States Poison Prevention
187 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without
188 regard to provided exemptions. For purposes of this
189 subparagraph, a beverage in a sealed container is considered
190 compliant with the United States Poison Prevention Packaging Act
191 of 1970, 15 U.S.C. ss. 1471 et seq.
192 (b) A wholesaler or retailer is not required to test their
193 kratom products in accordance with paragraph (a), if the product
194 is packaged in a container in a manner that may be sold to the
195 ultimate consumer when the wholesaler or retailer receives the
196 product from the manufacturer or wholesaler, the product was
197 tested in accordance with paragraph (a) by the manufacturer or
198 wholesaler, and the wholesaler or retailer does not open the
199 container.
200 (c) The retail sale and delivery of kratom products is
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201 prohibited, except:
202 1. At establishments that have a food permit from the
203 department and prohibit persons under 21 years of age on the
204 establishment’s premises;
205 2. At establishments that have a food permit from the
206 department and a quota license issued under s. 565.02(1)(a)-(f).
207 Establishments with a quota license issued under s.
208 565.02(1)(a)-(f), that allow persons under 21 years of age on
209 the establishment’s premises, must place kratom products, not
210 including beverages, in an area inaccessable to customers. Such
211 establishments may place kratom products, not including
212 beverages, in an open display unit as long as the unit is
213 located in an area that is inaccessible to customers; or
214 3. In accordance with the mail order, internet, and
215 remote sales of kratom products requirements in s. 500.93.
216 (d) Kratom products may not be sold, given, bartered,
217 furnished, or delivered to consumers at festivals, fairs, trade
218 shows, farmers markets, expositions, or pop-up retail
219 establishments.
220 (5)(3) It is unlawful to sell, deliver, barter, furnish,
221 or give, directly or indirectly, any kratom product to a person
222 who is under 21 years of age.
223 (6)(4) A person who violates subsections (4) or (5)
224 commits a misdemeanor of the second degree, punishable as
225 provided in s. 775.082 or s. 775.083, for the first offense. A
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226 person commits a second offense within 12 months of the first
227 offense commits a misdemeanor of the first degree, punishable as
228 provided in s. 775.082 or s. 775.083. A person who commits a
229 third or subsequent offense within 12 months of the second
230 offense commits a felony of the third-degree, punishable as
231 provided in s. 775.082 or s. 775.083.
232 A violation of subsection (3) is a misdemeanor of the second
233 degree, punishable as provided in s. 775.082 or s. 775.083.
234 (7) In addition to any other penalties provided by law,
235 the department may take any of the following actions against any
236 person licensed or permitted by the department for a violation
237 of this section: place on probation or reprimand the licensee or
238 permit, revoke, suspend, or deny the issuance or renewal of the
239 license or permit, impose an administrative fine not to exceed
240 $5,000 per violation or assess costs associated with
241 investigation and prosecution.
242 (8) The department shall enforce this section. Every state
243 attorney, sheriff, police officer, and other appropriate county
244 or municipal officer shall enforce, or assist any agent of the
245 department in enforcing, this section and rules adopted by the
246 department.
247 (9)(5) The department shall adopt rules to administer this
248 section.
249 Section 2. Section 500.93, Florida Statutes, is
250 created to read:
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251 500.93 Mail order, Internet, and remote sales of
252 Kratom products; age verification.—
253 (1) For purposes of this section, the term:
254 (a) "Consumer" means a person in the state who comes into
255 possession of any kratom product who, at the time of possession,
256 is not intending to sell or distribute the kratom product, or is
257 not a retailer.
258 (b) "Delivery sale" means any sale of a kratom product to
259 a consumer in the state for which:
260 1. The consumer submits the order for the sale by
261 telephonic or other voice transmission, mail, delivery service,
262 or the Internet or other online service; or
263 2. The kratom product is delivered by use of mail or a
264 delivery service.
265 (c) "Delivery service" means any person engaged in the
266 commercial delivery of letters, packages, or other containers.
267 (d) "Legal minimum purchase age" means the minimum age at
268 which an individual may legally purchase kratom products in the
269 state.
270 (e) "Retailer" has the same meaning as provided in s.
271 581.217.
272 (f) "Shipping container" means a container in which Kratom
273 product is shipped in connection with a delivery sale.
274 (g) "Shipping document" means a bill of lading, airbill,
275 United States Postal Service form, or any other document used to
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276 verify the undertaking by a delivery service to deliver letters,
277 packages, or other containers.
278 (h) “Kratom Product” has the same meaning as provided in
279 s. 500.92.
280 (i) “Wholesaler” has the same meaning as provided in s.
281 500.92.
282 (2)(a) A sale of Kratom products constituting a delivery
283 sale under paragraph (1)(b) is a delivery sale regardless of
284 whether the person accepting the order for the delivery sale is
285 located inside or outside the state.
286 (b) A retailer must obtain a food permit from the
287 department under the requirements of chapter 500 before
288 accepting an order for a delivery sale.
289 (c) A person may not make a delivery sale of Kratom
290 product to any individual who is not 21 years of age or older.
291 (d) Each person accepting an order for a delivery sale
292 must comply with each of the following:
293 1. The age verification requirements set forth in
294 subsection (3).
295 2. The disclosure requirements set forth in subsection
296 (4).
297 3. The shipping requirements set forth in subsection (5).
298 (3) A person may not mail, ship, or otherwise deliver
299 Kratom product in connection with an order for a delivery sale
300 unless, before the first delivery to the consumer, the person
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301 accepting the order for the delivery sale:
302 (a) Obtains from the person submitting the order a
303 certification that includes:
304 1. Reliable confirmation that the person is 21 years of
305 age or older; and
306 2. A statement signed by the person in writing and under
307 penalty of perjury which:
308 a. Certifies the address and date of birth of the person;
309 and
310 b. Confirms that the person wants to receive delivery
311 sales from a Kratom product retailer and understands that, under
312 the laws of the state, the following actions are illegal:
313 (I) Signing another person's name to the certification;
314 (II) Selling Kratom products to individuals who are not 21
315 years of age or older; and
316 (III) Purchasing Kratom products, if the person making the
317 purchase is not 21 years of age or older.
318 (b) Makes a good faith effort to verify the information
319 contained in the certification provided by the individual under
320 paragraph (a) against a commercially available database that may
321 be reasonably relied upon for accurate age information or
322 obtains a photocopy or other image of a valid government-issued
323 identification card stating the date of birth or age of the
324 individual.
325 (c) Provides to the individual, via electronic mail or
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326 other means, a notice meeting the requirements of subsection
327 (4).
328 (d) If an order for Kratom products is made pursuant to an
329 advertisement on the Internet, receives payment for the delivery
330 sale from the consumer by a credit or debit card issued in the
331 name of the consumer, or by personal or company check of the
332 consumer.
333 (e) Submits, to each credit card acquiring company with
334 which the person has credit card sales, identification
335 information in an appropriate form and format so that the words
336 "Kratom product" may be printed in the purchaser's credit card
337 statement when a purchase of Kratom products is made by credit
338 card payment.
339 (f) Makes a telephone call after 5 p.m. to the purchaser
340 confirming the order before shipping the Kratom product. The
341 telephone call may be a person-to-person call or a recorded
342 message. The person accepting the order for delivery sale is not
343 required to speak directly with a person and may leave a message
344 on an answering machine or through voice mail.
345
346 In addition to the requirements of this subsection, a person
347 accepting an order for a delivery sale may request that a
348 consumer provide an electronic mail address.
349 (4) The notice described in paragraph (3)(c) must include
350 prominent and clearly legible statements that sales of Kratom
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351 products are:
352 (a) Illegal if made to individuals who are not 21 years of
353 age or older.
354 (b) Restricted to those individuals who provide verifiable
355 proof of age in accordance with subsection (3).
356 (5) Each person who mails, ships, or otherwise delivers
357 Kratom products in connection with an order for a delivery sale
358 must:
359 (a) Ship the Kratom product in a container that complies
360 with the container requirements in s. 500.92.
361 (b) Include as part of the shipping documents, in a clear
362 and conspicuous manner, the following statement: "Kratom
363 product: Florida law prohibits shipping to individuals under 21
364 years of age."
365 (c) Use a method of mailing, shipping, or delivery which
366 obligates the delivery service to require proof that the
367 individual accepting the order for the delivery sale is 21 years
368 of age or older and resides at the address listed on the order
369 label, by reviewing a valid, government-issued identification
370 card bearing a photograph of the individual who signs to accept
371 delivery of the shipping container.
372
373 If the person accepting a purchase order for a delivery sale
374 delivers the Kratom product without using a delivery service,
375 the person must comply with all of the requirements of this
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376 section which apply to a delivery service. Any failure to comply
377 with a requirement of this section constitutes a violation
378 thereof.
379 (6) This section does not apply to delivery sales of
380 kratom products to a retailer or wholesaler.
381 (7) An individual 21 years of age or older who knowingly
382 violates any provision of this section commits a misdemeanor of
383 the second degree, punishable as provided in s. 775.082 or s.
384 775.083.
385 (8) The Attorney General, the Attorney General's designee,
386 or a state attorney may bring an action in the appropriate court
387 in the state to prevent or restrain violations of this section
388 by any person.
389 Section 3. Section 500.94, Florida Statutes, is
390 created to read:
391 500.94 Seizure and destruction of contraband kratom
392 products.—
393 All kratom products sold, offered for sale, delivered, or
394 distributed contrary to any provision of ss. 500.92-500.93 are
395 declared to be contraband, are subject to seizure and
396 confiscation under the Florida Contraband Forfeiture Act by any
397 person whose duty it is to enforce those sections, and must be
398 disposed of as follows:
399 (1) A court having jurisdiction shall order such kratom
400 products forfeited upon a showing that, by a preponderance of
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401 the evidence, such devices were sold, offered for sale,
402 delivered, or distributed contrary to any provision of ss.
403 500.92-500.93. Once any chapter 120 proceedings related to such
404 products have been completed, the court shall order any seized
405 kratom products destroyed except as provided by applicable court
406 orders. A record of the place where such products were seized,
407 the kinds and quantities of such products destroyed, and the
408 time, place, and manner of the destruction of such products must
409 be kept, and a return under oath reporting the destruction must
410 be made to the court by the officer who destroys such products.
411 (2) The department or seizing law enforcement agency shall
412 keep a full and complete record of all products seized under
413 this section showing:
414 (a) The exact kinds, quantities, and forms of such
415 products;
416 (b) The persons from whom such products were seized and to
417 whom they were delivered;
418 (c) By whose authority such products were seized,
419 delivered, and destroyed; and
420 (d) The dates of the seizure, disposal, or destruction of
421 such products.
422
423 Such record must be open to inspection by all persons charged
424 with the enforcement of ss. 581.217 through 581.218.
425 (3) The cost of seizure, confiscation, and destruction of
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426 contraband kratom products is borne by the person from whom such
427 products are seized.
428 (4) Except as otherwise provided in this section, the
429 procedures of the Florida Contraband Forfeiture Act apply to
430 this section.
431 (5) For purposes of this section kratom products has the
432 same meaning as provided in s. 500.92.
433 Section 4. Section 500.95, Florida Statutes, is
434 created to read:
435 500.95 Ingesting kratom products prohibited near
436 school property; penalty.—
437 (1) It is unlawful for any person to ingest kratom
438 products in, on, or within 1,000 feet of the real property
439 comprising a public or private elementary, middle, or secondary
440 school between the hours of 6 a.m. and midnight. This section
441 does not apply to any person occupying a moving vehicle or
442 within a private residence.
443 (2) A law enforcement officer may issue a citation in such
444 form as prescribed by a county or municipality to any person
445 violating this section. Any such citation must contain:
446 (a) The date and time of issuance.
447 (b) The name and address of the person cited.
448 (c) The date and time the civil infraction was committed.
449 (d) The statute violated.
450 (e) The facts constituting the violation.
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451 (f) The name and authority of the law enforcement officer.
452 (g) The procedure for the person to follow to pay the
453 civil penalty, to contest the citation, or to appear in court.
454 (h) The applicable civil penalty if the person elects not
455 to contest the citation.
456 (i) The applicable civil penalty if the person elects to
457 contest the citation.
458 (3) Any person issued a citation pursuant to this section
459 shall be deemed to be charged with a civil infraction punishable
460 by a maximum civil penalty not to exceed $25, or 50 hours of
461 community service or, where available, successful completion of
462 a school-approved anti-drug "alternative to suspension" program.
463 (4) Any person who fails to comply with the directions on
464 the citation shall be deemed to waive his or her right to
465 contest the citation and an order to show cause may be issued by
466 the court.
467 (5) For purposes of this section “kratom product” has the
468 same meaning as provided in s. 500.92.
469 Section 5. Subsection (1) of section 565.04, Florida
470 Statutes, is amended to read:
471 565.04 Package store restrictions.—
472 (1) Vendors licensed under s. 565.02(1)(a) shall not in
473 said place of business sell, offer, or expose for sale any
474 merchandise other than such beverages, and such places of
475 business shall be devoted exclusively to such sales; provided,
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476 however, that such vendors shall be permitted to sell bitters;
477 grenadine; nonalcoholic mixer-type beverages, not to include
478 fruit juices produced outside this state; fruit juices produced
479 in this state; home bar and party supplies and equipment,
480 including but not limited to glassware and party-type foods;
481 miniatures of no alcoholic content; nicotine products; and
482 tobacco products. Such places of business shall have no openings
483 permitting direct access to any other building or room, except
484 to a private office or storage room of the place of business
485 from which patrons are excluded. Vendors licensed under
486 565.02(1)(a) may sell kratom products in accordance with the
487 Florida Kratom Consumer Protection Act.
488 Section 6. Paragraph (a) of subsection (2) of section
489 565.045, Florida Statutes, is amended to read:
490 565.045 Regulations for consumption on premises; penalty;
491 exemptions.—
492 (2)(a) There shall not be sold at such places of business
493 anything other than the beverages permitted, home bar and party
494 supplies and equipment (including but not limited to glassware
495 and party-type foods), cigarettes, kratom products in accordance
496 with the Florida Kratom Consumer Protection Act, and what is
497 customarily sold in a restaurant.
498 Section 7. Section 569.006, Florida Statutes, is amended
499 to read:
500 569.006 Retail tobacco products dealers; administrative
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501 penalties.—The division may suspend or revoke the permit of the
502 dealer upon sufficient cause appearing of the violation of any
503 of the provisions of s. 500.92, s. 500.93, this chapter,
504 including part II of this chapter if the dealer deals, at
505 retail, in nicotine products within the state or allows a
506 nicotine products vending machine to be located on its premises
507 within the state, by a dealer or by a dealer's agent or
508 employee. The division may also assess and accept administrative
509 fines of up to $1,000 against a dealer for each violation. The
510 division shall deposit all fines collected into the General
511 Revenue Fund as collected. An order imposing an administrative
512 fine becomes effective 15 days after the date of the order. The
513 division may suspend the imposition of a penalty against a
514 dealer, conditioned upon the dealer's compliance with terms the
515 division considers appropriate.
516 Section 8. Section 569.35, Florida Statutes, is amended to
517 read:
518 569.35 Retail nicotine product dealers; administrative
519 penalties.—The division may suspend or revoke the permit of a
520 dealer, including the retail tobacco products dealer permit of a
521 retail tobacco products dealer as defined in s. 569.002(4), upon
522 sufficient cause appearing of the violation of any of the
523 provisions of s. 500.92, s. 500.93, this part, by a dealer, or
524 by a dealer's agent or employee. The division may also assess
525 and accept an administrative fine of up to $1,000 against a
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526 dealer for each violation. The division shall deposit all fines
527 collected into the General Revenue Fund as collected. An order
528 imposing an administrative fine becomes effective 15 days after
529 the date of the order. The division may suspend the imposition
530 of a penalty against a dealer, conditioned upon the dealer's
531 compliance with terms the division considers appropriate.
532 Section 9. This act shall take effect January 1, 2026.
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