Industries & Professional Activities Subcommittee: Committee Meeting Notice, November 18, 2025
Summary
Meeting packet for the House of Representatives Industries & Professional Activities Subcommittee, Tuesday, November 18, 2025. The notice lists consideration of HB 89 Veterinary Prescription Disclosure by Brackett and the proposed committee substitute PCS for HB 189 -- Gambling. The bill analysis for HB 89 states that the bill requires licensed veterinarians to inform clients of their right to receive a written prescription before dispensing a medication, with an effective date of July 1, 2026. The packet closes with amendment pages for PCS for HB 189, whose title text lists defining the terms "Internet gambling" and "Internet sports wagering" and providing criminal penalties.
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Industries & Professional Activities
Subcommittee
Tuesday, November 18, 2025
3:30 PM – 5:30 PM
Webster Hall (212 Knott)
Daniel Perez Mike Giallombardo
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES
Industries & Professional Activities Subcommittee
Start Date and Time: Tuesday, November 18, 2025 03:30 PM
End Date and Time: Tuesday, November 18, 2025 05:30 PM
Location: Webster Hall (212 Knott)
Duration: 2.00 hrs
Consideration of the following bill(s):
HB 89 Veterinary Prescription Disclosure by Brackett
Consideration of the following proposed committee substitute(s):
PCS for HB 189 -- Gambling
NOTICE FINALIZED on 11/10/2025 3:33PM by Young.Kimberly
11/10/2025 03:33:37PM Leagis ® Page 1 of 1
HB 89
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 89 COMPANION BILL: None
TITLE: Veterinary Prescription Disclosure LINKED BILLS: None
SPONSOR(S): Brackett RELATED BILLS: None
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill requires licensed veterinarians to inform their clients of their right to receive a written prescription for
medication before dispensing it. The veterinarian or an authorized staff member is required to provide such clients
with the option to either have the prescription filled at the veterinary clinic or obtain a written prescription to be
filled at a pharmacy of the client’s choice. This disclosure must be made verbally during in-person consultations or
electronically during veterinary telehealth consultations, and must be documented in the patient's medical record.
The bill provides an exception when immediate dispensing of medication is necessary to preserve life or prevent
suffering, or if the prescription is for a controlled substance that is restricted by federal or state law.
Fiscal or Economic Impact:
The bill may have an indeterminate positive fiscal impact on veterinary clients.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill requires:
Licensed veterinarians to clearly inform their clients of their right to receive a written prescription before
the veterinarian dispenses a prescription medication.
Licensed veterinarians, or authorized veterinary staff, to provide the client with the option to have the
prescription filled at the veterinary clinic or to obtain a written prescription that may be filled at a
pharmacy of the client's choice. (Section 1)
The bill requires each such disclosure to be made:
Verbally, if the consultation with the client is in person; or
Electronically, if the consultation with the client is through veterinary telehealth. (Section 1)
The bill requires that the option chosen by the client (verbal or electronic) to be documented in the patient's
medical record. (Section 1)
The requirements of the bill do not apply if:
Immediate dispensing of medication is necessary to preserve life or prevent suffering; or
The prescription is for a controlled substance, the dispensing of which is restricted by federal or state law.
(Section 1)
The effective date of the bill is July 1, 2026. (Section 2)
STORAGE NAME: h0089.IPA
DATE: 11/10/2025
1
HB 89
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may increase access and provide additional options for obtaining necessary medications for animal
owners, and may reduce the price for such medications.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Practice of Veterinary Medicine
The Board of Veterinary Medicine (Board) in the Department of Business and Professional Regulation (DBPR)
implements the provisions of ch. 474, F.S., relating to veterinary medical practice (practice act). The purpose of the
practice act is to ensure that every veterinarian practicing in this state meets minimum requirements for safe
practices to protect public health and safety.1
A “veterinarian” is a health care practitioner licensed by the Board to engage in the practice of veterinary medicine
in Florida2 and they are subject to disciplinary action from the Board for various violations of the practice act.3
Veterinary establishments are required to have a premises permit issued by DBPR.4 Veterinarian licenses are
renewed every two years,5 however premises permits have no expiration date.
Veterinary medicine includes, with respect to animals:6
Surgery;
Acupuncture;
Obstetrics;
Dentistry;
Physical therapy;
Radiology;
Theriogenology (reproductive medicine); and
Other branches or specialties of veterinary medicine.
The “practice of veterinary medicine” is the diagnosis of medical conditions of animals, and the prescribing or
administering of medicine and treatment to animals for the prevention, cure, or relief of a wound, fracture, bodily
injury, or disease, or holding oneself out as performing any of these functions.7
The practice act defines a “patient” as any animal for which the veterinarian practices veterinary medicine. 8
The practice act defines a “veterinarian/client/patient relationship” (VCPR) as one in which a veterinarian has
assumed responsibility for making medical judgments regarding the health of an animal and its need for medical
treatment.9
1
S. 474.201, F.S.
2
S. 474.202(11), F.S.
3
Ss. 474.213 & 474.214, F.S.
4
S. 474.215(1), F.S.
5
S. 474.211, F.S.
6
See s. 474.202(13), F.S. Section 474.202(1), F.S., defines “animal” as “any mammal other than a human being or any bird,
amphibian, fish, or reptile, wild or domestic, living or dead.”
7
See s. 474.202(9), F.S. Also included is the determination of the health, fitness, or soundness of an animal, and the performance of
any manual procedure for the diagnosis or treatment of pregnancy or fertility or infertility of animals.
8
S. 474.202(8), F.S.
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2
HB 89
Prescription Authority
Veterinarians are authorized to prescribe drugs in the course of veterinary practice, but may be disciplined by the
Board for certain related violations, including for ordering, prescribing, or making available medicinal drugs or
drugs10 or controlled substances11 for use other than for the specific treatment of animal patients for which there is
a documented VCPR.12
The practice act also makes the following prescription related violations grounds for disciplinary action:
Performing or prescribing unnecessary or unauthorized treatment;13
Providing, prescribing, ordering, or making available for human use medicinal drugs or drugs as defined in
chapter 465, controlled substances as defined in chapter 893, or any material, chemical, or substance used
exclusively for animal treatment;14
Prescribing or dispensing a legend drug as defined in chapter 499, including any controlled substance,
inappropriately or in excessive or inappropriate quantities;15
Presigning blank prescription forms; or16
Failing to maintain accurate records or reports as required by this chapter or by federal or state laws or
rules pertaining to the storing, labeling, selling, dispensing, prescribing, and administering of controlled
substances.17
Veterinarians are required to give the owner of a patient, before dispensing any drug, a written
prescription when requested.18
According to the American Veterinary Medical Association, “many states require that a prescription be provided
upon client request, and the majority of states prohibit veterinarians from prescribing animal medications
outside of a VCPR. Clearly written prescriptions help prevent misunderstandings and misinterpretations that can
harm patient health.”19
Controlled Substances
Federal law specifically prohibits prescribing controlled substances via the Internet without an in-person
evaluation, but the Ryan Haight Online Pharmacy Consumer Protection Act (Haight Act),20 signed into law in
October 200821 created a pathway for telehealth practitioners to dispense controlled substances via telehealth.
The practitioner is still subject to the requirement that all controlled substance prescriptions be issued for a
legitimate purpose by a practitioner acting in the usual course of professional practice. But, once an in-person
9
S. 474.202(12), F.S.
10
S. 465.003(15), F.S.
11
S. 893.02(4), F.S.
12
S. 474.214(1)(y), F.S.
13
S. 474.214(1)(l), F.S.
14
S. 474.214(1)(z), F.S.
15
S. 474.214(1)(ff), F.S.
16
S. 474.214(1)(ii), F.S.
17
S. 474.214(1)(mm), F.S.
18
S. 474.214(1)(pp), F.S.
19
American Veterinary Medical Association, Pharmacy and prescription issues, https://www.avma.org/resources-tools/animal-health-
and-welfare/animal-health/pharmacy (last visited November 4, 2025).
20
Ryan Haight Online Consumer Protection Act of 2008, Public Law 110-425 (H.R. 6353).
21
21 CFR s. 829, the in-person medical evaluation requires that the patient be in the physical presence of the provider without regard
to the presence or conduct of other professionals.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 89
evaluation of the patient has occurred, the practitioner may provide future prescriptions for controlled
substances for that patient using telehealth services.22
Florida law currently prohibits a telehealth provider (human) from using telehealth services to prescribe a
controlled substance except when treating a psychiatric disorder, an inpatient at a licensed hospital, a patient
receiving hospice services, or a resident of a nursing home facility.23
Federal Prescription Authority
In order to purchase, prescribe, administer or dispense controlled substances in Florida, veterinarians must obtain
a license from the DEA. According to the federal Controlled Substances Act, a veterinarian is considered a
“practitioner,” and is authorized to “distribute, dispense, conduct research with respect to, administer, or use in
teaching or chemical analysis, a controlled substance in the course of professional practice or research.”24 Florida
does not require any additional licensure for veterinarians to purchase and prescribe controlled drugs.
Unless otherwise exempted, every practitioner who dispenses, which includes administering and prescribing,
controlled substances in schedules II through V, must be registered with the DEA.25 A state license must also be
obtained.26
A practitioner’s registration must be renewed every three years.27
Veterinary Telehealth
Florida allows veterinarians to prescribe certain medications under certain conditions via telehealth.28 Telehealth
based prescriptions are limited to timeframes of up to 1 month for flea and tick control drugs and 14 days for other
animal drugs.29 Veterinarians are prohibited from prescribing certain drugs and controlled substances unless the
veterinarian has conducted an in-person physical examination, or made medically appropriate and timely visits to
the premises where the animal is kept.
Veterinarians are prohibited from using telehealth to:
Prescribe a controlled substance as defined in chapter 893, F.S., unless the veterinarian has conducted an
in-person physical examination of the animal or made medically appropriate and timely visits within the
past year to the premises where the animal is kept.30
o Penalties for violations are punishable by the Board and include:31
Administrative fine from $2,000 to $5,000 and one to two years probation.
For a second or subsequent offense, two years probation up to one year suspension, and an
administrative fine of $4,000 to $5,000.
Prescribe a drug or other medication for use on a horse engaged in racing or training at a facility under the
jurisdiction of the Florida Gaming Control Commission or on a horse that is a covered horse as defined in
the federal Horseracing Integrity and Safety Act, 15 U.S.C. ss. 3051 et seq.32
o Penalties for violations are punishable by the Board and include:33
22
Id.
23
S. 456.47(2)(c), F.S.
24
21 U.S.C. s. 802(21).
25
21 U.S.C. s. 822(a)(2), and 21 CFR 1301.11(a).
26
21 U.S.C. s. 823(f).
27
21 CFR 1301.13(e)(1)(iv).
28
S. 474.2021, F.S.
29 S. 474.2021(4)(e)1., F.S.
30
S. 474.2021(4)(e) 3., F.S.
31
61G18-30.001(rr), F.A.C.
32
s. 474.2021(4)(e) 4, F.S.
33
61G18-30.001(ss), F.A.C.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 89
Reprimand and an administrative fine of $2,000 to $3,000.
For a second or subsequent offense, two years probation up to two years suspension
followed by two years probation and an administrative fine of $4,000 to $5,000.
Issue an international or interstate travel certificate or a certificate of veterinary inspection.34
o Penalties for violations are punishable by the Board and include:35
Up to one year suspension followed by one year probation an administrative fine of $3,000
up to revocation and a fine of $5,000.
For a second or subsequent offense, three year suspension and an administrative fine of five
thousand dollars up to revocation and a fine of five thousand dollars.
Veterinary Medical Records
Individual medical records are required to be maintained on every patient examined or administered to by the
veterinarian, except for clients owning or leasing 10 or more animals of the same species. The records must be
kept for at least three years after date of last entry, and must contain all clinical information pertaining to the
patient with sufficient information to justify the diagnosis or determination of health status and warrant any
treatment recommended or administered.36
Medical records must be created as treatment is provided or within 24 hours from the time of treatment, include
the date of each service performed, and contain the following information:37
Name of owner or agent.
Patient identification.
Record of any vaccinations administered.
Complaint or reason for provision of services.
History.
Physical examination to include, but not limited to patient weight, temperature, pulse, and respiration, or
noted exceptions to the collection of said information.
A telehealth provider shall make notation that the examination was conducted by telehealth. If the
telehealth the provider is unable to obtain any of the required information the record should state reason
for deficiency.
Any present illness or injury noted.
Provisional diagnosis or health status determination.
Medical records must also contain the following information if the services are provided or occur during
examination or treatment:38
Clinical laboratory reports.
Radiographs and their interpretation.
Consultation.
Treatment – medical, surgical.
Hospitalization.
Drugs prescribed, administered, or dispensed along with the route, strength, and dosage of the drug and
time said drug was administered if not otherwise discernible from the record.
Tissue examination report.
Necropsy findings.
34
S. 474.2021(4)(h) , F.S.
35
61G18-30.001(tt), F.A.C.
36
61G18-18.002(1), F.A.C.
37
61G18-18.002(3), F.A.C.
38
61G18-18.002(4), F.A.C.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
HB 89
Veterinarians are required to maintain confidentiality of all patient records in their possession or control, and may
not be disclosed without the consent of the client. Appropriate disclosure may be made without consent:39
In any civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a
court of competent jurisdiction and proper notice by the party seeking such records to the client or his/her
legal representative.
When required by the Board’s rules.
Veterinarians are required, upon a written request, to furnish, in a timely manner without delays for legal reviews,
a true and correct copy of all of the patient records to the client, or to anyone designated by the client. The
veterinarian is not allowed to charge a fee for such records, except for the reasonable cost of duplication.40
Medical records may be maintained in an easily retrievable electronic data format.41
RECENT LEGISLATION:
YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2024 HB 849 - Veterinary Practices Killebrew, Buchanan/ Became law on July 1, 2024.
Bradley
OTHER RESOURCES:
Florida Department of Business & Professional Regulation – VETERINARY MEDICINE
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Thompson
Subcommittee
Commerce Committee
39
61G18-18.002(5), F.A.C.
40
61G18-18.002(6), F.A.C.
41
61G18-18.002(9), F.A.C.
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6
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 89 2026
1 A bill to be entitled
2 An act relating to veterinary prescription disclosure;
3 creating s. 474.224, F.S.; requiring a veterinarian to
4 inform a client of the right to receive a written
5 prescription and to provide certain options to the
6 client regarding the filling of such prescription;
7 providing requirements therefor; providing exceptions;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 474.224, Florida Statutes, is created
13 to read:
14 474.224 Veterinary prescription disclosure.—
15 (1)(a) Before dispensing a prescription medication, a
16 licensed veterinarian must clearly inform a client of the
17 client's right to receive a written prescription for the
18 medication.
19 (b) The veterinarian, or an authorized member of the
20 veterinary staff, must provide the client with the option to
21 have the prescription filled at the veterinary clinic or to
22 obtain a written prescription that may be filled at a pharmacy
23 of the client's choice.
24 (c) Each disclosure required under this subsection shall
25 be made:
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb89-00
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 89 2026
26 1. Verbally, if the consultation with the client is in
27 person; or
28 2. Electronically, if the consultation with the client is
29 through veterinary telehealth.
30 (d) The option chosen by the client under paragraph (b)
31 must be documented in the patient's medical record.
32 (2) This section does not apply if:
33 (a) Immediate dispensing of medication is necessary to
34 preserve life or prevent suffering; or
35 (b) The prescription is for a controlled substance, the
36 dispensing of which is restricted by federal or state law.
37 Section 2. This act shall take effect July 1, 2026.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb89-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 89 by Rep. Brackett
Veterinary Prescription Disclosure
AMENDMENT SUMMARY
November 18, 2025
Amendment 897339 by Rep. Brackett (line 21):
• Makes a technical change correcting terminology.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 89 (2026)
Amendment No.
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 Brackett offered the following:
4
5 Amendment
6 Remove line 21 and insert:
7 have the prescription filled at the veterinary establishment or
8 to
897339 - h0089-line 21.docx
Published On: 11/13/2025 4:03:13 PM
Page 1 of 1
PCS for HB 189
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 189 COMPANION BILL: None
TITLE: Gambling 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 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 fiscal impact on state government and the private sector.
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 certain types of
employment and business activities immediately before and for 2 years after service 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
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
STORAGE NAME: PCS0189.IPA
DATE: 11/10/2025
1
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 prohibits 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, 2026.
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.
Authorizes the Attorney General or state attorney to institute proceedings to enjoin any person found to be
violating this section.
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2
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
Any ownership interest in the business, establishment, premises, or other location. (Section
18)
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
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 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 amends the criminal punishment code to increase the offense severity ranking chart (OSRC) ranking for
specified gaming offenses. (Section 24)
Effective Date
The effective date of the bill is October 1, 2026. (Section 27)
FISCAL OR ECONOMIC IMPACT:
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
STATE GOVERNMENT:
The fiscal impact to state government is indeterminate. Creating new gaming offenses, increasing penalties for
specified current gaming offenses, and listing specified gaming offenses on the OSRC, may result in:
An increase in state expenditures related to:
o Additional admissions to jail and prison facilities and offenders serving longer terms of
incarceration in such facilities.
o Administration and enforcement, which can likely be handled within existing resources.
An increase in state revenues for the state governmental entities that receive proceeds from the collection
of fines.
The Commission may experience an increase in revenues resulting from increased confiscation of contraband. The
bill 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 for the
enforcement of certain gaming chapters 546, 550, 551, and 849, F.S.
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.
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.
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).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
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
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
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.
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 Nov. 6, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
6
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.
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.
19
Florida Gaming Control Commission, Gaming Enforcement, https://flgaming.gov/enforcement/ (last visited Nov. 6, 2025).
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 Nov. 6, 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 Nov. 6, 2025).
24
Id.
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
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
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.
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
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.
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.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
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
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
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.
44
Id.
45
S. 550.09512(2)(a), F.S.
46
S. 550.09512(3)(a), F.S.
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9
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
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
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).
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.
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10
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
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
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 Nov. 6, 2025).
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 Nov. 6, 2025).
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11
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
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:
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).
74
Florida Trend, Questions Swirl Around Fantasy Sports, https://www.floridatrend.com/article/38854/questions-swirl-around-
fantasy-sports (last visited Nov. 6, 2025).
75
31 U.S.C. § 5361-5366 (2006).
76
31 U.S.C. § 5362(1) (2006).
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• 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
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.
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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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
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
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.
87
S. 849.16(3), F.S.
88
S. 551.101, F.S.
89
S. 849.15(1)(a), F.S.
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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
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 OSRC104 or by default.105 Judges must use the Code worksheet to
compute a sentence score for each felony offender.106
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).
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.
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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
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
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.
119
Id.
120
S. 849.25(2), F.S.
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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IOrig. Comm.: Industries & Anstead Thompson
IProfessional Activities
Subcommittee
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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 HB 189 2026
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 any 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, 2026.
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
705 Notwithstanding any other law, all fines imposed and collected
706 pursuant to this section must be deposited into the Pari-mutuel
707 Wagering Trust Fund and may be used for the enforcement of
708 chapters 546, 550, and 551 and this chapter by the Florida
709 Gaming Control Commission.
710 Section 20. Section 849.157, Florida Statutes, is created
711 to read:
712 849.157 Making a false or misleading statement regarding
713 the legality of slot machines or devices to facilitate sale.—
714 (1) Except as provided in subsection (2), a person who
715 knowingly and willfully makes a materially false or misleading
716 statement or who knowingly and willfully disseminates false or
717 misleading information regarding the legality of a slot machine
718 or device for the purpose of facilitating the sale or delivery
719 of a slot machine or device for any money or other valuable
720 consideration commits a felony of the third degree, punishable
721 as provided in s. 775.082, s. 775.083, or s. 775.084.
722 (2) A person who violates subsection (1) when such a
723 violation involves the sale or delivery, or attempted sale or
724 delivery, of five or more slot machines or devices commits a
725 felony of the second degree, punishable as provided in s.
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726 775.082, s. 775.083, or s. 775.084.
727 Section 21. Section 849.23, Florida Statutes, is repealed.
728 Section 22. Section 849.47, Florida Statutes, is created
729 to read:
730 849.47 Transporting or procuring the transportation of
731 persons to facilitate illegal gambling.—
732 (1) As used in this section, the term "illegal gambling"
733 means any criminal violation of chapter 546, chapter 550,
734 chapter 551, or this chapter that occurs at any business,
735 establishment, premises, or other location.
736 (2) Except as provided in subsection (3), a person who
737 knowingly and willfully transports, or procures the
738 transportation of, five or more other persons into or within
739 this state when he or she knows or reasonably should know that
740 such transportation is for the purpose of facilitating illegal
741 gambling commits a misdemeanor of the first degree, punishable
742 as provided in s. 775.082 or s. 775.083.
743 (3)(a) A person who transports, or procures the
744 transportation of, a minor or a person 65 years of age or older
745 in violation of subsection (2) commits a felony of the third
746 degree, punishable as provided in s. 775.082, s. 775.083, or s.
747 775.084.
748 (b) A person who transports, or procures the
749 transportation of, 12 or more persons in violation of subsection
750 (2) commits a felony of the third degree, punishable as provided
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751 in s. 775.082, s. 775.083, or s. 775.084.
752 (c) A person who commits a second or subsequent violation
753 of subsection (2) within a 2-year period commits a felony of the
754 third degree, punishable as provided in s. 775.082, s. 775.083,
755 or s. 775.084.
756 Section 23. Section 849.49, Florida Statutes, is created
757 to read:
758 849.49 Preemption.—A county, municipality, or other
759 political subdivision of the state may not enact or enforce any
760 ordinance or local rule relating to gaming, gambling, lotteries,
761 or any activities described in s. 546.10 or this chapter, except
762 as otherwise expressly provided by the State Constitution,
763 general law, or special law.
764 Section 24. Paragraphs (a), (c), (e), and (g) of
765 subsection (3) of section 921.0022, Florida Statutes, are
766 amended to read:
767 921.0022 Criminal Punishment Code; offense severity
768 ranking chart.—
769 (3) OFFENSE SEVERITY RANKING CHART
770 (a) LEVEL 1
771
Florida Felony
Statute Degree Description
772
24.118(3)(a) 3rd Counterfeit or altered state
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lottery ticket.
773
104.0616(2) 3rd Unlawfully distributing,
ordering, requesting,
collecting, delivering, or
possessing vote-by-mail
ballots.
774
212.054(2)(b) 3rd Discretionary sales surtax;
limitations, administration,
and collection.
775
212.15(2)(b) 3rd Failure to remit sales taxes,
amount $1,000 or more but less
than $20,000.
776
316.1935(1) 3rd Fleeing or attempting to elude
law enforcement officer.
777
319.30(5) 3rd Sell, exchange, give away
certificate of title or
identification number plate.
778
319.35(1)(a) 3rd Tamper, adjust, change, etc.,
an odometer.
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779
320.26(1)(a) 3rd Counterfeit, manufacture, or
sell registration license
plates or validation stickers.
780
322.212 3rd Possession of forged, stolen,
(1)(a)-(c) counterfeit, or unlawfully
issued driver license;
possession of simulated
identification.
781
322.212(4) 3rd Supply or aid in supplying
unauthorized driver license or
identification card.
782
322.212(5)(a) 3rd False application for driver
license or identification card.
783
414.39(3)(a) 3rd Fraudulent misappropriation of
public assistance funds by
employee/official, value more
than $200.
784
443.071(1) 3rd False statement or
representation to obtain or
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increase reemployment
assistance benefits.
785
509.151(1) 3rd Defraud an innkeeper, food or
lodging value $1,000 or more.
786
517.302(1) 3rd Violation of the Florida
Securities and Investor
Protection Act.
787
713.69 3rd Tenant removes property upon
which lien has accrued, value
$1,000 or more.
788
812.014(3)(c) 3rd Petit theft (3rd conviction);
theft of any property not
specified in subsection (2).
789
815.04(4)(a) 3rd Offense against intellectual
property (i.e., computer
programs, data).
790
817.52(2) 3rd Hiring with intent to defraud,
motor vehicle services.
791
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817.569(2) 3rd Use of public record or public
records information or
providing false information to
facilitate commission of a
felony.
792
826.01 3rd Bigamy.
793
828.122(3) 3rd Fighting or baiting animals.
794
831.04(1) 3rd Any erasure, alteration, etc.,
of any replacement deed, map,
plat, or other document listed
in s. 92.28.
795
831.31(1)(a) 3rd Sell, deliver, or possess
counterfeit controlled
substances, all but s.
893.03(5) drugs.
796
832.041(1) 3rd Stopping payment with intent to
defraud $150 or more.
797
832.05(2)(b) & 3rd Knowing, making, issuing
(4)(c) worthless checks $150 or more
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or obtaining property in return
for worthless check $150 or
more.
798
838.15(2) 3rd Commercial bribe receiving.
799
838.16 3rd Commercial bribery.
800
843.18 3rd Fleeing by boat to elude a law
enforcement officer.
801
847.011(1)(a) 3rd Sell, distribute, etc.,
obscene, lewd, etc., material
(2nd conviction).
802
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.
803
849.23 3rd Gambling-related machines;
"common offender" as to
property rights.
804
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849.25(2) 3rd Engaging in bookmaking.
805
860.08 3rd Interfere with a railroad
signal.
806
860.13(1)(a) 3rd Operate aircraft while under
the influence.
807
893.13(2)(a)2. 3rd Purchase of cannabis.
808
893.13(6)(a) 3rd Possession of cannabis (more
than 20 grams).
809
934.03(1)(a) 3rd Intercepts, or procures any
other person to intercept, any
wire or oral communication.
810
811 (c) LEVEL 3
812
Florida Felony
Statute Degree Description
813
119.10(2)(b) 3rd Unlawful use of confidential
information from police
reports.
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814
316.066 3rd Unlawfully obtaining or using
(3)(b)-(d) confidential crash reports.
815
316.193(2)(b) 3rd Felony DUI, 3rd conviction.
816
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in
patrol vehicle with siren and
lights activated.
817
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
818
319.33(1)(a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
819
319.33(1)(c) 3rd Procure or pass title on stolen
vehicle.
820
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
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title or registration.
821
327.35(2)(b) 3rd Felony BUI.
822
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.
823
328.07(4) 3rd Manufacture, exchange, or
possess vessel with counterfeit
or wrong ID number.
824
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
825
379.2431 3rd Taking, disturbing, mutilating,
(1)(e)5. destroying, causing to be
destroyed, transferring,
selling, offering to sell,
molesting, or harassing marine
turtles, marine turtle eggs, or
marine turtle nests in
violation of the Marine Turtle
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Protection Act.
826
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.
827
379.2431 3rd Soliciting to commit or
(1)(e)7. conspiring to commit a
violation of the Marine Turtle
Protection Act.
828
400.9935(4)(a) 3rd Operating a clinic, or offering
or (b) services requiring licensure,
without a license.
829
400.9935(4)(e) 3rd Filing a false license
application or other required
information or failing to
report information.
830
440.1051(3) 3rd False report of workers'
compensation fraud or
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retaliation for making such a
report.
831
501.001(2)(b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
832
624.401(4)(a) 3rd Transacting insurance without a
certificate of authority.
833
624.401(4)(b)1. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
834
626.902(1)(a) & 3rd Representing an unauthorized
(b) insurer.
835
697.08 3rd Equity skimming.
836
790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
837
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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.
838
800.045(3) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes a
lewd or lascivious image.
839
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
840
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
duty.
841
810.09(2)(b) 3rd Trespass on property other than
structure or conveyance armed
with firearm or dangerous
weapon.
842
810.145(2)(c) 3rd Digital voyeurism; 19 years of
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age or older.
843
812.014(2)(c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
844
812.0145(2)(c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.
845
812.015(8)(b) 3rd Retail theft with intent to
sell; conspires with others.
846
812.081(2) 3rd Theft of a trade secret.
847
815.04(4)(b) 2nd Computer offense devised to
defraud or obtain property.
848
817.034(4)(a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
than $20,000.
849
817.233 3rd Burning to defraud insurer.
850
817.234 3rd Unlawful solicitation of
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(8)(b) & (c) persons involved in motor
vehicle accidents.
851
817.234(11)(a) 3rd Insurance fraud; property value
less than $20,000.
852
817.236 3rd Filing a false motor vehicle
insurance application.
853
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
854
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
855
817.49(2)(b)1. 3rd Willful making of a false
report of a crime causing great
bodily harm, permanent
disfigurement, or permanent
disability.
856
831.28(2)(a) 3rd Counterfeiting a payment
instrument with intent to
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defraud or possessing a
counterfeit payment instrument
with intent to defraud.
857
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.
858
836.13(2) 3rd Generating an altered sexual
depiction of an identifiable
person without consent.
859
836.13(4) 3rd Promoting, or possessing with
intent to promote, an altered
sexual depiction of an
identifiable person without
consent.
860
838.021(3)(b) 3rd Threatens unlawful harm to
public servant.
861
838.12(3) 3rd Betting on predetermined or
prearranged professional or
amateur game, contest, match,
race, or sport.
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849.01 3rd Keeping gambling house.
862
849.02(2) 3rd Agents or employees of keeper
of gambling house.
863
849.03(1) 3rd Renting house for gambling
purposes.
849.086(12)(e) 3rd Tampering with cards or card
games.
864
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.
865
849.09(1)(e), 3rd Conducting unlawful lottery;
(f), (g), (i), second or subsequent offense.
or (k)
866
849.09(1)(h) or 3rd Conducting unlawful lottery;
(j) second or subsequent offense.
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867
849.11(2) 3rd Offenses relating to games of
chance.
868
849.14 3rd Betting on result of trial or
contest of skill, etc.
869
849.15(3)(b) 3rd Manufacture, sale, or
possession of slot machine; by
person of authority or with
prior conviction.
870
849.157(1) 3rd False or misleading statement
to facilitate sale of slot
machines or devices.
871
849.25(2) 3rd Engaging in bookmaking.
872
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.
873
847.01385 3rd Harmful communication to a
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minor.
874
860.15(3) 3rd Overcharging for repairs and
parts.
875
870.01(2) 3rd Riot.
876
870.01(4) 3rd Inciting a riot.
877
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).
878
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.
879
893.13(1)(f)2. 2nd Sell, manufacture, or deliver
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s. 893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs
within 1,000 feet of public
housing facility.
880
893.13(4)(c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
881
893.13(6)(a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
882
893.13(7)(a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
883
893.13(7)(a)9. 3rd Obtain or attempt to obtain
controlled substance by fraud,
forgery, misrepresentation,
etc.
884
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893.13(7)(a)10. 3rd Affix false or forged label to
package of controlled
substance.
885
893.13(7)(a)11. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
886
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.
887
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.
888
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893.13(8)(a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
889
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.
890
918.13(1) 3rd Tampering with or fabricating
physical evidence.
891
944.47 3rd Introduce contraband to
(1)(a)1. & 2. correctional facility.
892
944.47(1)(c) 2nd Possess contraband while upon
the grounds of a correctional
institution.
893
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
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facility).
894
895 (e) LEVEL 5
896
Florida Felony
Statute Degree Description
897
316.027(2)(a) 3rd Accidents involving personal
injuries other than serious
bodily injury, failure to stop;
leaving scene.
898
316.1935(3)(a) 2nd 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.
899
316.80(2) 2nd Unlawful conveyance of fuel;
obtaining fuel fraudulently.
900
322.34(6) 3rd Careless operation of motor
vehicle with suspended license,
resulting in death or serious
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bodily injury.
901
327.30(5)(a)2. 3rd Vessel accidents involving
personal injuries other than
serious bodily injury; leaving
scene.
902
365.172 2nd Misuse of emergency
(14)(b)2. communications system resulting
in death.
903
379.365(2)(c)1. 3rd Violation of rules relating to:
willful molestation of stone
crab traps, lines, or buoys;
illegal bartering, trading, or
sale, conspiring or aiding in
such barter, trade, or sale, or
supplying, agreeing to supply,
aiding in supplying, or giving
away stone crab trap tags or
certificates; making, altering,
forging, counterfeiting, or
reproducing stone crab trap
tags; possession of forged,
counterfeit, or imitation stone
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crab trap tags; and engaging in
the commercial harvest of stone
crabs while license is
suspended or revoked.
904
379.367(4) 3rd Willful molestation of a
commercial harvester's spiny
lobster trap, line, or buoy.
905
379.407(5)(b)3. 3rd Possession of 100 or more
undersized spiny lobsters.
906
381.0041(11)(b) 3rd Donate blood, plasma, or organs
knowing HIV positive.
907
440.10(1)(g) 2nd Failure to obtain workers'
compensation coverage.
908
440.105(5) 2nd Unlawful solicitation for the
purpose of making workers'
compensation claims.
909
440.381(2) 3rd Submission of false,
misleading, or incomplete
information with the purpose of
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avoiding or reducing workers'
compensation premiums.
910
624.401(4)(b)2. 2nd Transacting insurance without a
certificate or authority;
premium collected $20,000 or
more but less than $100,000.
911
626.902(1)(c) 2nd Representing an unauthorized
insurer; repeat offender.
912
790.01(3) 3rd Unlawful carrying of a
concealed firearm.
913
790.162 2nd Threat to throw or discharge
destructive device.
914
790.163(1) 2nd False report of bomb,
explosive, weapon of mass
destruction, or use of firearms
in violent manner.
915
790.221(1) 2nd Possession of short-barreled
shotgun or machine gun.
916
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790.23 2nd Felons in possession of
firearms, ammunition, or
electronic weapons or devices.
917
796.05(1) 2nd Live on earnings of a
prostitute; 1st offense.
918
800.04(6)(c) 3rd Lewd or lascivious conduct;
offender less than 18 years of
age.
919
800.04(7)(b) 2nd Lewd or lascivious exhibition;
offender 18 years of age or
older.
920
806.111(1) 3rd Possess, manufacture, or
dispense fire bomb with intent
to damage any structure or
property.
921
810.145(4) 3rd Commercial digital voyeurism
dissemination.
922
810.145(7)(a) 2nd Digital voyeurism; 2nd or
subsequent offense.
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923
810.145(8)(a) 2nd Digital voyeurism; certain
minor victims.
924
812.014(2)(d)3. 2nd Grand theft, 2nd degree; theft
from 20 or more dwellings or
their unenclosed curtilage, or
any combination.
925
812.0145(2)(b) 2nd Theft from person 65 years of
age or older; $10,000 or more
but less than $50,000.
926
812.015 3rd Retail theft; property stolen
(8)(a) & (c)- is valued at $750 or more and
(e) one or more specified acts.
927
812.015(8)(f) 3rd Retail theft; multiple thefts
within specified period.
928
812.015(8)(g) 3rd Retail theft; committed with
specified number of other
persons.
929
812.019(1) 2nd Stolen property; dealing in or
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trafficking in.
930
812.081(3) 2nd Trafficking in trade secrets.
931
812.131(2)(b) 3rd Robbery by sudden snatching.
932
812.16(2) 3rd Owning, operating, or
conducting a chop shop.
933
817.034(4)(a)2. 2nd Communications fraud, value
$20,000 to $50,000.
934
817.234(11)(b) 2nd Insurance fraud; property value
$20,000 or more but less than
$100,000.
935
817.2341(1), 3rd Filing false financial
(2)(a) & (3)(a) statements, making false
entries of material fact or
false statements regarding
property values relating to the
solvency of an insuring entity.
936
817.568(2)(b) 2nd Fraudulent use of personal
identification information;
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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.
937
817.611(2)(a) 2nd Traffic in or possess 5 to 14
counterfeit credit cards or
related documents.
938
817.625(2)(b) 2nd Second or subsequent fraudulent
use of scanning device,
skimming device, or reencoder.
939
825.1025(4) 3rd Lewd or lascivious exhibition
in the presence of an elderly
person or disabled adult.
940
828.12(2) 3rd Tortures any animal with intent
to inflict intense pain,
serious physical injury, or
death.
941
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836.14(4) 2nd Person who willfully promotes
for financial gain a sexually
explicit image of an
identifiable person without
consent.
942
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.
943
843.01(1) 3rd Resist officer with violence to
person; resist arrest with
violence.
944
847.0135(5)(b) 2nd Lewd or lascivious exhibition
using computer; offender 18
years or older.
945
847.0137 3rd Transmission of pornography by
(2) & (3) electronic device or equipment.
946
847.0138 3rd Transmission of material
(2) & (3) harmful to minors to a minor by
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electronic device or equipment.
947
849.02(3) 2nd Agents or employees of keeper
of gambling house, third or
subsequent offense.
948
849.03(2) 2nd Renting house for gambling
purposes; second or subsequent
offense.
949
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.
950
849.157(2) 2nd False or misleading statement
to facilitate sale of slot
machines or devices; five or
more machines.
951
849.25(3) 2nd Bookmaking; second or
subsequent offense.
952
874.05(1)(b) 2nd Encouraging or recruiting
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another to join a criminal
gang; second or subsequent
offense.
953
874.05(2)(a) 2nd Encouraging or recruiting
person under 13 years of age to
join a criminal gang.
954
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).
955
893.13(1)(c)2. 2nd Sell, manufacture, or deliver
cannabis (or other s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) drugs)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
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community center.
956
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.
957
893.13(1)(e)2. 2nd Sell, manufacture, or deliver
cannabis or other drug
prohibited under s.
893.03(1)(c), (2)(c)1.,
(2)(c)2., (2)(c)3., (2)(c)6.,
(2)(c)7., (2)(c)8., (2)(c)9.,
(2)(c)10., (3), or (4) within
1,000 feet of property used for
religious services or a
specified business site.
958
893.13(1)(f)1. 1st Sell, manufacture, or deliver
cocaine (or other s.
893.03(1)(a), (1)(b), (1)(d),
or (2)(a), (2)(b), or (2)(c)5.
drugs) within 1,000 feet of
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public housing facility.
959
893.13(4)(b) 2nd Use or hire of minor; deliver
to minor other controlled
substance.
960
893.1351(1) 3rd Ownership, lease, or rental for
trafficking in or manufacturing
of controlled substance.
961
962 (g) LEVEL 7
963
Florida Felony
Statute Degree Description
964
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
965
316.193(3)(c)2. 3rd DUI resulting in serious bodily
injury.
966
316.1935(3)(b) 1st Causing serious bodily injury
or death to another person;
driving at high speed or with
wanton disregard for safety
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while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
967
327.35(3)(a)3.b. 3rd Vessel BUI resulting in serious
bodily injury.
968
402.319(2) 2nd Misrepresentation and
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
969
409.920 3rd Medicaid provider fraud;
(2)(b)1.a. $10,000 or less.
970
409.920 2nd Medicaid provider fraud; more
(2)(b)1.b. than $10,000, but less than
$50,000.
971
456.065(2) 3rd Practicing a health care
profession without a license.
972
456.065(2) 2nd Practicing a health care
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profession without a license
which results in serious bodily
injury.
973
458.327(1) 3rd Practicing medicine without a
license.
974
459.013(1) 3rd Practicing osteopathic medicine
without a license.
975
460.411(1) 3rd Practicing chiropractic
medicine without a license.
976
461.012(1) 3rd Practicing podiatric medicine
without a license.
977
462.17 3rd Practicing naturopathy without
a license.
978
463.015(1) 3rd Practicing optometry without a
license.
979
464.016(1) 3rd Practicing nursing without a
license.
980
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465.015(2) 3rd Practicing pharmacy without a
license.
981
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
982
467.201 3rd Practicing midwifery without a
license.
983
468.366 3rd Delivering respiratory care
services without a license.
984
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
985
483.901(7) 3rd Practicing medical physics
without a license.
986
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
987
484.053 3rd Dispensing hearing aids without
a license.
988
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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.
989
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.
990
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
991
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
992
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
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driver license or
identification card; other
registration violations.
993
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
994
775.21(10)(g) 3rd Failure to report or providing
false information about a
sexual predator; harbor or
conceal a sexual predator.
995
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
996
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
997
782.071 2nd Killing of a human being or
unborn child by the operation
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of a motor vehicle in a
reckless manner (vehicular
homicide).
998
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
999
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
1000
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
1001
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
1002
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
1003
784.048(7) 3rd Aggravated stalking; violation
of court order.
1004
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784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
1005
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
1006
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
1007
784.081(1) 1st Aggravated battery on specified
official or employee.
1008
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
1009
784.083(1) 1st Aggravated battery on code
inspector.
1010
787.025(2)(b) 2nd Luring or enticing a child;
second or subsequent offense.
1011
787.025(2)(c) 2nd Luring or enticing a child with
a specified prior conviction.
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1012
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
1013
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.
1014
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
1015
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
1016
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
1017
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
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attempting to commit a felony.
1018
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
1019
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
1020
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
for in s. 874.04.
1021
794.08(4) 3rd Female genital mutilation;
consent by a parent, guardian,
or a person in custodial
authority to a victim younger
than 18 years of age.
1022
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
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1023
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
1024
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
1025
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.
1026
800.04(5)(e) 1st Lewd or lascivious molestation;
victim 12 years of age or older
but younger than 16 years;
offender 18 years or older;
prior conviction for specified
sex offense.
1027
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
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1028
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
1029
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
1030
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
1031
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
1032
812.014(2)(a)1. 1st Property stolen, valued at
$100,000 or more or a
semitrailer deployed by a law
enforcement officer; property
stolen while causing other
property damage; 1st degree
grand theft.
1033
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
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theft in 2nd degree.
1034
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
1035
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
1036
812.014(2)(g) 2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
1037
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
1038
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
1039
812.131(2)(a) 2nd Robbery by sudden snatching.
1040
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812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
1041
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
1042
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
1043
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
1044
817.234(11)(c) 1st Insurance fraud; property value
$100,000 or more.
1045
817.2341 1st Making false entries of
(2)(b) & (3)(b) material fact or false
statements regarding property
values relating to the solvency
of an insuring entity which are
a significant cause of the
insolvency of that entity.
1046
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817.418(2)(a) 3rd Offering for sale or
advertising personal protective
equipment with intent to
defraud.
1047
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
1048
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
1049
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
1050
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
1051
825.103(3)(b) 2nd Exploiting an elderly person or
disabled adult and property is
valued at $10,000 or more, but
less than $50,000.
1052
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827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
1053
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
1054
827.071(2) & (3) 2nd Use or induce a child in a
sexual performance, or promote
or direct such performance.
1055
827.071(4) 2nd Possess with intent to promote
any photographic material,
motion picture, etc., which
includes child pornography.
1056
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
1057
838.015 2nd Bribery.
1058
838.016 2nd Unlawful compensation or reward
for official behavior.
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1059
838.021(3)(a) 2nd Unlawful harm to a public
servant.
1060
838.22 2nd Bid tampering.
1061
843.0855(2) 3rd Impersonation of a public
officer or employee.
1062
843.0855(3) 3rd Unlawful simulation of legal
process.
1063
843.0855(4) 3rd Intimidation of a public
officer or employee.
1064
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
1065
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
1066
849.155 1st Trafficking in slot machines or
devices or any parts thereof.
1067
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872.06 2nd Abuse of a dead human body.
1068
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
1069
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
1070
893.13(1)(c)1. 1st Sell, manufacture, or deliver
cocaine (or other drug
prohibited under s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
1071
893.13(1)(e)1. 1st Sell, manufacture, or deliver
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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.
1072
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
1073
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
1074
893.135 1st Trafficking in cocaine, more
(1)(b)1.a. than 28 grams, less than 200
grams.
1075
893.135 1st Trafficking in illegal drugs,
(1)(c)1.a. more than 4 grams, less than 14
grams.
1076
893.135 1st Trafficking in hydrocodone, 28
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(1)(c)2.a. grams or more, less than 50
grams.
1077
893.135 1st Trafficking in hydrocodone, 50
(1)(c)2.b. grams or more, less than 100
grams.
1078
893.135 1st Trafficking in oxycodone, 7
(1)(c)3.a. grams or more, less than 14
grams.
1079
893.135 1st Trafficking in oxycodone, 14
(1)(c)3.b. grams or more, less than 25
grams.
1080
893.135 1st Trafficking in fentanyl, 4
(1)(c)4.b.(I) grams or more, less than 14
grams.
1081
893.135 1st Trafficking in phencyclidine,
(1)(d)1.a. 28 grams or more, less than 200
grams.
1082
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
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kilograms.
1083
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
1084
893.135 1st Trafficking in flunitrazepam, 4
(1)(g)1.a. grams or more, less than 14
grams.
1085
893.135 1st Trafficking in gamma-
(1)(h)1.a. hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
1086
893.135 1st Trafficking in 1,4-Butanediol,
(1)(j)1.a. 1 kilogram or more, less than 5
kilograms.
1087
893.135 1st Trafficking in Phenethylamines,
(1)(k)2.a. 10 grams or more, less than 200
grams.
1088
893.135 1st Trafficking in synthetic
(1)(m)2.a. cannabinoids, 280 grams or
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more, less than 500 grams.
1089
893.135 1st Trafficking in synthetic
(1)(m)2.b. cannabinoids, 500 grams or
more, less than 1,000 grams.
1090
893.135 1st Trafficking in n-benzyl
(1)(n)2.a. phenethylamines, 14 grams or
more, less than 100 grams.
1091
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
1092
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
1093
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
1094
943.0435(4)(c) 2nd Sexual offender vacating
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permanent residence; failure to
comply with reporting
requirements.
1095
943.0435(8) 2nd Sexual offender; remains in
state after indicating intent
to leave; failure to comply
with reporting requirements.
1096
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
1097
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1098
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1099
944.607(9) 3rd Sexual offender; failure to
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PCS for HB 189 2026
comply with reporting
requirements.
1100
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
1101
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1102
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1103
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
1104
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
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conceal a sexual offender.
1105
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1106
1107 Section 25. Paragraph (a) of subsection (1) and paragraph
1108 (a) of subsection (2) of section 772.102, Florida Statutes, are
1109 amended to read:
1110 772.102 Definitions.—As used in this chapter, the term:
1111 (1) "Criminal activity" means to commit, to attempt to
1112 commit, to conspire to commit, or to solicit, coerce, or
1113 intimidate another person to commit:
1114 (a) Any crime that is chargeable by indictment or
1115 information under the following provisions:
1116 1. Section 210.18, relating to evasion of payment of
1117 cigarette taxes.
1118 2. Section 414.39, relating to public assistance fraud.
1119 3. Section 440.105 or s. 440.106, relating to workers'
1120 compensation.
1121 4. Part IV of chapter 501, relating to telemarketing.
1122 5. Chapter 517, relating to securities transactions.
1123 6. Section 550.235 or s. 550.3551, relating to dogracing
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1124 and horseracing.
1125 7. Chapter 550, relating to jai alai frontons.
1126 8. Chapter 552, relating to the manufacture, distribution,
1127 and use of explosives.
1128 9. Chapter 562, relating to beverage law enforcement.
1129 10. Section 624.401, relating to transacting insurance
1130 without a certificate of authority, s. 624.437(4)(c)1., relating
1131 to operating an unauthorized multiple-employer welfare
1132 arrangement, or s. 626.902(1)(b), relating to representing or
1133 aiding an unauthorized insurer.
1134 11. Chapter 687, relating to interest and usurious
1135 practices.
1136 12. Section 721.08, s. 721.09, or s. 721.13, relating to
1137 real estate timeshare plans.
1138 13. Chapter 782, relating to homicide.
1139 14. Chapter 784, relating to assault and battery.
1140 15. Chapter 787, relating to kidnapping or human
1141 trafficking.
1142 16. Chapter 790, relating to weapons and firearms.
1143 17. Former s. 796.03, s. 796.04, s. 796.05, or s. 796.07,
1144 relating to prostitution.
1145 18. Chapter 806, relating to arson.
1146 19. Section 810.02(2)(c), relating to specified burglary
1147 of a dwelling or structure.
1148 20. Chapter 812, relating to theft, robbery, and related
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1149 crimes.
1150 21. Chapter 815, relating to computer-related crimes.
1151 22. Chapter 817, relating to fraudulent practices, false
1152 pretenses, fraud generally, and credit card crimes.
1153 23. Section 827.071, relating to commercial sexual
1154 exploitation of children.
1155 24. Chapter 831, relating to forgery and counterfeiting.
1156 25. Chapter 832, relating to issuance of worthless checks
1157 and drafts.
1158 26. Section 836.05, relating to extortion.
1159 27. Chapter 837, relating to perjury.
1160 28. Chapter 838, relating to bribery and misuse of public
1161 office.
1162 29. Chapter 843, relating to obstruction of justice.
1163 30. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or
1164 s. 847.07, relating to obscene literature and profanity.
1165 31. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1166 849.25, relating to gambling.
1167 32. Chapter 893, relating to drug abuse prevention and
1168 control.
1169 33. Section 914.22 or s. 914.23, relating to witnesses,
1170 victims, or informants.
1171 34. Section 918.12, s. 918.125, or s. 918.13, relating to
1172 tampering with or harassing court officials, retaliating against
1173 court officials, and tampering with evidence.
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1174 (2) "Unlawful debt" means any money or other thing of
1175 value constituting principal or interest of a debt that is
1176 legally unenforceable in this state in whole or in part because
1177 the debt was incurred or contracted:
1178 (a) In violation of any one of the following provisions of
1179 law:
1180 1. Section 550.235 or s. 550.3551, relating to dogracing
1181 and horseracing.
1182 2. Chapter 550, relating to jai alai frontons.
1183 3. Section 687.071, relating to criminal usury and loan
1184 sharking.
1185 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1186 849.25, relating to gambling.
1187 Section 26. Paragraph (a) of subsection (12) of section
1188 895.02, Florida Statutes, is amended to read:
1189 895.02 Definitions.—As used in ss. 895.01-895.08, the
1190 term:
1191 (12) "Unlawful debt" means any money or other thing of
1192 value constituting principal or interest of a debt that is
1193 legally unenforceable in this state in whole or in part because
1194 the debt was incurred or contracted:
1195 (a) In violation of any one of the following provisions of
1196 law:
1197 1. Section 550.235 or s. 550.3551, relating to dogracing
1198 and horseracing.
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1199 2. Chapter 550, relating to jai alai frontons.
1200 3. Section 551.109, relating to slot machine gaming.
1201 4. Chapter 687, relating to interest and usury.
1202 5. Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s.
1203 849.25, relating to gambling.
1204 Section 27. This act shall take effect October 1, 2026.
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INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
PCS for HB 189 by Rep. Trabulsy
Gambling
AMENDMENT SUMMARY
November 18, 2025
PCS for HB 189 a1 by Rep. Trabulsy (between lines 542 and 562):
• Removes the live racing requirement for the 0.5 percent tax on handle category for
certain intertrack wagering.
• Provides definitions and criminal penalties for “Internet gambling” and “Internet sports
wagering,” and defines certain crimes to include “internet” related activity.
• Creates a crime for certain illegal gambling advertisements and associated criminal
penalties.
• Allows certain veterans’ service organizations to petition the Florida Gaming Control
Commission for a declaratory statement on the legality of certain games or machines.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 189 (2026)
Amendment No.
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 Trabulsy offered the following:
4
5 Amendment (with title amendment)
6 Remove lines 542-562 and insert:
7 Section 14. Subsections (8) and (9) of section 546.10,
8 Florida Statutes, are renumbered as subsections (9) and (10),
9 respectively, and a new subsection (8) is added to that section,
10 to read:
11 546.10 Amusement games or machines.—
12 (8)(a)1. Before purchasing or installing a game or machine
13 on the premises of any veterans' service organization granted a
14 federal charter under Title 36, U.S.C., or a division, a
15 department, a post, or a chapter of such organization, for which
16 an alcoholic beverage license has been issued, and the veterans'
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 189 (2026)
Amendment No.
17 service organization is in doubt about whether a machine meets
18 the definition of an amusement machine under this section, the
19 organization may petition the Florida Gaming Control Commission
20 for a declaratory statement under s. 120.565 on whether the
21 operation of the game or machine would be authorized under this
22 section or would be a violation of this section or chapter 849.
23 A game or machine awaiting a declaratory statement from the
24 commission may not be purchased or installed until the
25 declaratory statement is issued.
26 2. If there is a game or machine currently on the premises
27 of any veterans' service organization granted a federal charter
28 under Title 36, U.S.C., or a division, a department, a post, or
29 a chapter of such organization, for which an alcoholic beverage
30 license has been issued and the veterans' service organization
31 is in doubt about whether a machine meets the definition of an
32 amusement machine under this section, the organization may
33 petition the commission for a declaratory statement pursuant to
34 s. 120.565 on whether the operation of the game or machine would
35 be authorized under this section or would be a violation of this
36 section or chapter 849. If the game, machine, premises, or
37 organization is the subject of an ongoing criminal
38 investigation, the organization may not petition the commission
39 for a declaratory statement under this subsection.
40 3. The commission shall issue a declaratory statement
41 pursuant to this subsection within 60 days after receiving a
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 189 (2026)
Amendment No.
42 petition requesting such statement. The commission may not deny
43 a petition that is validly requested pursuant to this subsection
44 and s. 120.565.
45 (b) A petition made under this subsection must provide
46 enough information for the commission to issue the declaratory
47 statement and must be accompanied by the exact specifications
48 for the type of game or machine that the organization will
49 purchase or install or currently has on the premises. The
50 declaratory statement is valid only for the game or machine for
51 which it is requested and is invalid if the specifications for
52 the game or the machine have been changed.
53 (c) The declaratory statement is binding on the commission
54 and may be introduced in any subsequent proceedings as evidence
55 of a good faith effort to comply with this section or chapter
56 849.
57 (d) This subsection does not prevent the commission or any
58 other criminal justice agency as defined in s. 943.045 from
59 detecting, apprehending, and arresting a person for any alleged
60 violation of this chapter, chapter 24, part II of chapter 285,
61 chapter 550, chapter 551, or chapter 849, or any rule adopted
62 pursuant thereto, or of any law of this state.
63 (e) This subsection does not require an owner or an
64 operator of an amusement game or machine under this section to
65 request or obtain a declaratory statement in order to operate
66 pursuant to this section.
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 189 (2026)
Amendment No.
67 Section 15. Paragraph (c) of subsection (3) of section
68 550.0951, Florida Statutes, is amended to read:
69 550.0951 Payment of daily license fee and taxes;
70 penalties.—
71 (3) TAX ON HANDLE.—Each permitholder shall pay a tax on
72 contributions to pari-mutuel pools, the aggregate of which is
73 hereinafter referred to as "handle," on races or games conducted
74 by the permitholder. The tax is imposed daily and is based on
75 the total contributions to all pari-mutuel pools conducted
76 during the daily performance. If a permitholder conducts more
77 than one performance daily, the tax is imposed on each
78 performance separately.
79 (c)1. The tax on handle for intertrack wagering is 2.0
80 percent of the handle if the host track is a horse track, 3.3
81 percent if the host track is a harness track, 5.5 percent if the
82 host track is a dog track, and 7.1 percent if the host track is
83 a jai alai fronton. The tax on handle for intertrack wagering is
84 0.5 percent if the host track and the guest track are
85 thoroughbred permitholders or if the guest track is located
86 outside the market area of the host track and within the market
87 area of a thoroughbred permitholder currently conducting a live
88 race meet. The tax on handle for intertrack wagering on
89 rebroadcasts of simulcast thoroughbred horseraces is 2.4 percent
90 of the handle and 1.5 percent of the handle for intertrack
91 wagering on rebroadcasts of simulcast harness horseraces. The
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Bill No. PCS for HB 189 (2026)
Amendment No.
92 tax shall be deposited into the Pari-mutuel Wagering Trust Fund.
93 2. The tax on handle for intertrack wagers accepted by any
94 dog track located in an area of the state in which there are
95 only three permitholders, all of which are greyhound
96 permitholders, located in three contiguous counties, from any
97 greyhound permitholder also located within such area or any dog
98 track or jai alai fronton located as specified in s. 550.615(6)
99 or (9), on races or games received from the same class of
100 permitholder located within the same market area is 3.9 percent
101 if the host facility is a greyhound permitholder and, if the
102 host facility is a jai alai permitholder, the rate shall be 6.1
103 percent except that it shall be 2.3 percent on handle at such
104 time as the total tax on intertrack handle paid to the
105 commission by the permitholder during the current state fiscal
106 year exceeds the total tax on intertrack handle paid to the
107 commission by the permitholder during the 1992-1993 state fiscal
108 year.
109 Section 16. Section 849.08, Florida Statutes, is amended
110 to read:
111 849.08 Gambling.—
112 (1) As used in this section, the term:
113 (a) "Internet gambling" means to play or engage in any
114 game in which money or other thing of value is awarded based on
115 chance, regardless of any application of skill, that is
116 available on the Internet and accessible on a mobile device,
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Amendment No.
117 computer terminal, or other similar access device and simulates
118 casino-style gaming, including, but not limited to, slot
119 machines, video poker, and table games.
120 (b) "Internet sports wagering" means to stake, bet, or
121 wager any money or other thing of value upon the result of any
122 trial or contest of skill, speed, power, or endurance of human
123 or beast that is available on the Internet and accessible on a
124 mobile device, computer terminal, or other similar access
125 device. The term does not include fantasy sports contests as
126 defined in s. 849.0932, or any activity conducted pursuant to
127 chapter 550.
128 (2) A person who Whoever plays or engages in Internet
129 gambling, or any game at cards, keno, roulette, faro or other
130 game of chance, at any place, by any device whatever, for money
131 or other thing of value, commits shall be guilty of a
132 misdemeanor of the second degree, punishable as provided in s.
133 775.082 or s. 775.083.
134 (3) A person who plays or engages in Internet sports
135 wagering commits:
136 (a) For a first offense, a misdemeanor of the second
137 degree, punishable as provided in s. 775.082 or s. 775.083.
138 (b) For a second or subsequent offense, a misdemeanor of
139 the first degree, punishable as provided in s. 775.082 or s.
140 775.083.
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Bill No. PCS for HB 189 (2026)
Amendment No.
141 (4) A person who operates, conducts, or promotes illegal
142 gambling, Internet gambling or Internet sports wagering, or
143 receives in any manner whatsoever any money or other thing of
144 value offered for the purpose of illegal gambling, Internet
145 gambling or Internet sports wagering, or who knowingly becomes
146 the custodian or depositary of any money or other thing of value
147 so offered, or who aids, assists, abets, or influences in any
148 manner in any of such acts, all of which are hereby forbidden,
149 commits a felony of the third degree, punishable as provided in
150 s. 775.082, s. 775.083, or s. 775.084.
151 (5) This section does not apply to participation in, or
152 the conduct of, any gaming activities authorized under s.
153 285.710(13) and conducted pursuant to a gaming compact ratified
154 and approved under s. 285.710(3), or any gaming activities
155 authorized under chapter 550.
156 Section 17. Section 849.11, Florida Statutes, is amended
157 to read:
158 849.11 Plays at games of chance by lot.—
159 (1) A person who Whoever sets up, promotes or plays in
160 person or in any other manner, including, but not limited to, by
161 the use, at least in part, of the Internet, at any game of
162 chance by lot or with dice, cards, numbers, hazards or any other
163 gambling device whatever for, or for the disposal of money or
164 other thing of value or under the pretext of a sale, gift or
165 delivery thereof, or for any right, share or interest therein,
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 189 (2026)
Amendment No.
166 commits shall be guilty of a misdemeanor of the second degree,
167 punishable as provided in s. 775.082 or s. 775.083.
168 (2) A person who sets up, operates, conducts, promotes, or
169 receives in any manner whatsoever any money or other thing of
170 value offered for the purpose of conduct prohibited in
171 subsection (1), or who knowingly becomes the custodian or
172 depositary of any money or other thing of value so offered, or
173 who aids, assists, abets, or influences in any manner in any of
174 such acts, commits a felony of the third degree, punishable as
175 provided in s. 775.082, s. 775.083, or s. 775.084.
176 Section 18. Section 849.48, Florida Statutes, is created
177 to read:
178 849.48 Gambling or gaming advertisements; prohibited.—
179 (1) As used in this section, the term "illegal gambling"
180 means any criminal violation of this chapter, chapter 546,
181 chapter 550, or chapter 551 which occurs at any business,
182 establishment, premises, or other location.
183 (2)(a) Except as otherwise specifically authorized by law,
184 a person may not knowingly and intentionally make, publish,
185 disseminate, circulate, or place before the public, or cause,
186 directly or indirectly, to be made, published, disseminated,
187 circulated, or placed before the public in this state, in any
188 manner, whether in person or by the use, at least in part, of
189 the Internet, any advertisement, circular, bill, poster,
190 pamphlet, list, schedule, announcement, or notice for the
PCS for HB 189 a1
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 189 (2026)
Amendment No.
191 purpose of promoting or facilitating illegal gambling.
192 (b) Except as otherwise specifically authorized by law, a
193 person may not set up any type or plate for any type of
194 advertisement, circular, bill, poster, pamphlet, list, schedule,
195 announcement, or notice when he or she knows or reasonably
196 should know that such material will be used for the purpose of
197 promoting or facilitating illegal gambling.
198 (c) A person who violates this subsection commits:
199 1. For a first offense, a misdemeanor of the first degree,
200 punishable as provided in s. 775.082 or s. 775.083.
201 2. For a second or subsequent offense, a felony of the
202 third degree, punishable as provided in s. 775.082, s. 775.083,
203 or s. 775.084.
204 (3) This section does not prohibit the printing or
205 producing of any advertisement, circular, bill, poster,
206 pamphlet, list, schedule, announcement, or notice to be used for
207 the purpose of promoting or facilitating gambling conducted in
208 any other state or nation, outside of this state, where such
209 gambling is not prohibited.
210
211
212 -----------------------------------------------------
213 T I T L E A M E N D M E N T
214 Remove line 44 and insert:
PCS for HB 189 a1
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 189 (2026)
Amendment No.
215 penalties; amending s. 546.10, F.S.; authorizing
216 certain organizations to petition the commission
217 before purchasing, installing, or operating a game or
218 machine on their premises before petitioning for and
219 being issued a specified declaratory statement from
220 the commission if the organizations are unsure if such
221 game or machine is an amusement machine; prohibiting
222 such organizations from purchasing or installing a
223 game or machine until an outstanding declaratory
224 statement is issued; prohibiting such organizations
225 from seeking a declaratory statement if the game or
226 machine in question is the subject of a criminal
227 investigation; requiring the commission to issue a
228 declaratory statement within a specified timeframe;
229 prohibiting the commission from denying a petition if
230 it was validly requested; specifying the information
231 that must be included in a request for a declaratory
232 statement; providing that the declaratory statement is
233 valid only for the game or machine for which it is
234 requested; providing that the declaratory statement is
235 invalid if the specifications for the game or machine
236 have been changed; providing that the declaratory
237 statement is binding on the commission and may be
238 introduced as evidence in subsequent proceedings;
239 providing construction; amending s. 550.0951, F.S.;
PCS for HB 189 a1
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COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. PCS for HB 189 (2026)
Amendment No.
240 removing a requirement for live racing for purposes of
241 certain taxes; amending s. 849.08, F.S.; defining the
242 terms "Internet gambling" and "Internet sports
243 wagering"; prohibiting Internet gambling and Internet
244 sports wagering and related offenses; providing
245 criminal penalties; providing an exception; amending
246 s. 849.11, F.S.; prohibiting certain offenses relating
247 to games of chance involving the Internet; providing
248 criminal penalties; creating s. 849.48, F.S.; defining
249 the term "illegal gambling"; prohibiting specified
250 gambling or gaming advertisements; providing criminal
251 penalties; providing construction; repealing s.
252 849.142, F.S., relating to
PCS for HB 189 a1
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