Florida Statutes Title XLVI Chapter 849 - Gambling

• 849.01 - Keeping Gambling Houses, Etc.
  Whoever by herself or himself, her or his servant, clerk or agent, or in any other manner has, keeps, exercises or maintains a gaming table...
• 849.02 - Agents Or Employees Of Keeper Of Gambling House.
  Whoever acts as servant, clerk, agent, or employee of any person in the violation of s. 849.01 shall be punished in the manner and to...
• 849.03 - Renting House For Gambling Purposes.
  Whoever, whether as owner or agent, knowingly rents to another a house, room, booth, tent, shelter or place for the purpose of gaming shall be...
• 849.04 - Permitting Minors And Persons Under Guardianship To Gamble.
  The proprietor, owner, or keeper of any E. O., keno or pool table, or billiard table, wheel of fortune, or other game of chance kept...
• 849.05 - Prima Facie Evidence.
  If any of the implements, devices or apparatus commonly used in games of chance in gambling houses or by gamblers, are found in any house,...
• 849.07 - Permitting Gambling On Billiard Or Pool Table By Holder Of License.
  If any holder of a license to operate a billiard or pool table shall permit any person to play billiards or pool or any other...
• 849.08 - Gambling.
  Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for...
• 849.085 - Certain Penny-ante Games Not Crimes; Restrictions.
  (1) Notwithstanding any other provision of law, it is not a crime for a person to participate in a game described in this section if such...
• 849.086 - Cardrooms Authorized.
  (1) LEGISLATIVE INTENT.—It is the intent of the Legislature to provide additional entertainment choices for the residents of and visitors to the state, promote tourism in...
• 849.09 - Lottery Prohibited; Exceptions.
  (1) It is unlawful for any person in this state to:(a) Set up, promote, or conduct any lottery for money or for anything of value;(b) Dispose of any...
• 849.091 - Chain Letters, Pyramid Clubs, Etc., Declared A Lottery; Prohibited; Penalties.
  (1) The organization of any chain letter club, pyramid club, or other group organized or brought together under any plan or device whereby fees or dues...
• 849.0915 - Referral Selling.
  (1) Referral selling, whereby the seller gives or offers a rebate or discount to the buyer as an inducement for a sale in consideration of the...
• 849.092 - Motor Fuel Retail Business; Certain Activities Permitted.
  The provisions of s. 849.09 shall not be construed to prohibit or prevent persons who are licensed to conduct business under s. 206.404, from giving...
• 849.0931 - Bingo Authorized; Conditions For Conduct; Permitted Uses Of Proceeds; Limitations.
  (1) As used in this section:(a) “Bingo game” means and refers to the activity, commonly known as “bingo,” in which participants pay a sum of money for...
• 849.0935 - Charitable, Nonprofit Organizations; Drawings By Chance; Required Disclosures; Unlawful Acts And Practices; Penalties.
  (1) As used in this section, the term:(a) “Drawing by chance,” “drawing,” or “raffle” means an enterprise in which, from the entries submitted by the public to...
• 849.094 - Game Promotion In Connection With Sale Of Consumer Products Or Services.
  (1) As used in this section, the term:(a) “Game promotion” means, but is not limited to, a contest, game of chance, sweepstakes, or gift enterprise, conducted by...
• 849.10 - Printing Lottery Tickets, Etc., Prohibited.
  (1) Except as otherwise provided by law, it is unlawful for any person, in any house, office, shop or building in this state to write, typewrite,...
• 849.11 - Plays At Games Of Chance By Lot.
  Whoever sets up, promotes or plays at any game of chance by lot or with dice, cards, numbers, hazards or any other gambling device whatever...
• 849.12 - Money And Prizes To Be Forfeited.
  All sums of money and every other valuable thing drawn and won as a prize, or as a share of a prize, or as a...
• 849.13 - Punishment On Second Conviction.
  Whoever, after being convicted of an offense forbidden by law in connection with lotteries, commits the like offense, shall be guilty of a misdemeanor of...
• 849.14 - Unlawful To Bet On Result Of Trial Or Contest Of Skill, Etc.
  Whoever stakes, bets or wagers any money or other thing of value upon the result of any trial or contest of skill, speed or power...
• 849.141 - Bowling Tournaments Exempted From Chapter.
  (1) Nothing contained in this chapter shall be applicable to participation in or the conduct of a bowling tournament conducted at a bowling center which requires...
• 849.15 - Manufacture, Sale, Possession, Etc., Of Slot Machines Or Devices Prohibited.
  (1) It is unlawful:(a) To manufacture, own, store, keep, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for sale or lease,...
• 849.16 - Machines Or Devices Which Come Within Provisions Of Law Defined.
  (1) As used in this chapter, the term “slot machine or device” means any machine or device or system or network of devices that is adapted...
• 849.17 - Confiscation Of Machines By Arresting Officer.
  Upon the arrest of any person charged with the violation of any of the provisions of ss. 849.15-849.23 the arresting officer shall take into his...
• 849.18 - Disposition Of Machines Upon Conviction.
  Upon conviction of the person arrested for the violation of any of the provisions of ss. 849.15-849.23, the judge of the court trying the case,...
• 849.19 - Property Rights In Confiscated Machine.
  The right of property in and to any machine, apparatus or device as defined in s. 849.16 and to all money and other things of...
• 849.20 - Machines And Devices Declared Nuisance; Place Of Operation Subject To Lien For Fine.
  Any room, house, building, boat, vehicle, structure or place wherein any machine or device, or any part thereof, the possession, operation or use of which...
• 849.21 - Injunction To Restrain Violation.
  An action to enjoin any nuisance as herein defined may be brought by any person in the courts of equity in this state. If it...
• 849.22 - Fees Of Clerk Of Circuit Court And Sheriff.
  The clerks of the courts and the sheriffs performing duties under the provisions of ss. 849.15-849.23 shall receive the same fees as prescribed by general...
• 849.23 - Penalty For Violations Of Ss. 849.15-849.22.
  Whoever shall violate any of the provisions of ss. 849.15-849.22 shall, upon conviction thereof, be guilty of a misdemeanor of the second degree, punishable as...
• 849.231 - Gambling Devices; Manufacture, Sale, Purchase Or Possession Unlawful.
  (1) Except in instances when the following described implements or apparatus are being held or transported by authorized persons for the purpose of destruction, as hereinafter...
• 849.232 - Property Right In Gambling Devices; Confiscation.
  There shall be no right of property in any of the implements or devices enumerated or included in s. 849.231 and upon the seizure of...
• 849.233 - Penalty For Violation Of S. 849.231.
  Any person, including any enforcement officer, clerk or prosecuting official who shall violate the provisions of s. 849.231 shall be guilty of a misdemeanor of...
• 849.235 - Possession Of Certain Gambling Devices; Defense.
  (1) It is a defense to any action or prosecution under ss. 849.15-849.233 for the possession of any gambling device specified therein that the device is...
• 849.25 - “bookmaking” Defined; Penalties; Exceptions.
  (1)(a) The term “bookmaking” means the act of taking or receiving, while engaged in the business or profession of gambling, any bet or wager upon the...
• 849.26 - Gambling Contracts Declared Void; Exception.
  All promises, agreements, notes, bills, bonds or other contracts, mortgages or other securities, when the whole or part of the consideration if for money or...
• 849.29 - Persons Against Whom Suits May Be Brought To Recover On Gambling Contracts.
  The following persons shall be jointly and severally liable for the items which are authorized by this act to be sued for and recovered, and...
• 849.30 - Plaintiff Entitled To Writs Of Attachment, Garnishment And Replevin.
  In any suit under ss. 849.26-849.34, the plaintiff shall be entitled to writs of attachment and garnishment for the sums of money, exclusive of attorney’s...
• 849.31 - Loser’s Testimony Not To Be Used Against Her Or Him.
  In the event that suit is brought under the authorization of ss. 849.26-849.34 by someone other than the loser of the money or thing of...
• 849.32 - Notice To State Attorney; Prosecution Of Suit.
  The summons in any such suit, and copies of all pleadings and notices of all hearings in the suit, and notice of the trial and...
• 849.33 - Judgment And Collection Of Money; Execution.
  Any judgment recovered in such a suit shall adjudge separately the amounts recovered for the use of the state, and the plaintiff shall not have...
• 849.34 - Loser’s Judgment; Recovery Of Property; Writ Of Assistance.
  If the plaintiff in any such suit seek to recover property lost, and if the plaintiff shall prevail as to any such property, he or...
• 849.35 - Definitions.
  In construing ss. 849.36-849.46 and each and every word, phrase, or part thereof, where the context permits:(1) The singular includes the plural and vice versa.(2) Gender-specific language...
• 849.36 - Seizure And Forfeiture Of Property Used In The Violation Of Lottery And Gambling Statutes.
  (1) Every vessel or vehicle used for, or in connection with, the removal, transportation, storage, deposit, or concealment of any lottery tickets, or used in connection...
• 849.37 - Disposition And Appraisal Of Property Seized Under This Chapter.
  (1) Every peace officer, other than the sheriff, seizing property pursuant to the provisions of ss. 849.36-849.46 shall forthwith make return of the seizure thereof and...
• 849.38 - Proceedings For Forfeiture; Notice Of Seizure And Order To Show Cause.
  (1) The return of the sheriff aforesaid to the clerk of the circuit court shall be taken and considered as the state’s petition or libel in...
• 849.39 - Delivery Of Property To Claimant.
  Any person, firm, or corporation filing a claim in the cause, which claim shall state fully her or his right, title, claim, or interest, in...
• 849.40 - Proceeding When No Claim Filed.
  When no claim is filed in the cause within the time required the clerk shall enter a default against all persons, firms and corporations owning,...
• 849.41 - Proceeding When Claim Filed.
  When one or more claims are filed in the cause the cause shall be tried upon the issues made thereby with the petition for forfeiture...
• 849.42 - State Attorney To Represent State.
  Upon the filing of the sheriff’s return with the clerk of the circuit court the said clerk shall furnish the state attorney with a copy...
• 849.43 - Judgment Of Forfeiture.
  On final hearing the return of the sheriff to the clerk of the circuit court shall be taken as prima facie evidence that the property...
• 849.44 - Disposition Of Proceeds Of Forfeiture.
  All sums received from a sale or other disposition of the seized property shall be paid into the county fine and forfeiture fund and shall...
• 849.45 - Fees For Services.
  Fees for services required hereunder shall be the same as provided for sheriffs and clerks for like and similar services in other cases and matters.History.—s....
• 849.46 - Exercise Of Police Power.
  It is deemed by the Legislature that this chapter is necessary for the more efficient and proper enforcement of the statutes and laws of this...

Last modified: September 23, 2016