Chapter 849 — Chapter 849
57 sections in this chapter.
Fla. Stat. § 849.01 Keeping gambling houses, etc
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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 or room, or gaming implements or apparatus, or house, booth, tent, shelter or other place for the purpose of gaming or gambling or in any pl…
Fla. Stat. § 849.02 Agents or employees of keeper of gambling house
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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 the extent therein mentioned.
Fla. Stat. § 849.03 Renting house for gambling purposes
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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 punished in the manner and to the extent mentioned in s. 849.01.
Fla. Stat. § 849.04 Permitting minors and persons under guardianship to gamble
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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 for the purpose of betting, who willfully and knowingly allows a minor or person who is mentally incompetent or under guardianship to play at such …
Fla. Stat. § 849.05 Prima facie evidence
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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, room, booth, shelter or other place it shall be prima facie evidence that the said house, room, booth, shelter or other place where the same …
Fla. Stat. § 849.07 Permitting gambling on billiard or pool table by holder of license
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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 game for money, or any other thing of value, upon such tables, she or he shall be deemed guilty of a misdemeanor of the second degree, punishable as provi…
Fla. Stat. § 849.08 Gambling
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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 money or other thing of value, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Fla. Stat. § 849.085 Certain penny-ante games not crimes; restrictions
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(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 game is conducted strictly in accordance with this section.(2) As used in this section:(a) “Penny-ante game” means a game or series of games o…
Fla. Stat. § 849.086 Cardrooms authorized
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(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 the state, and provide additional state revenues through the authorization of the playing of certain games in…
Fla. Stat. § 849.09 Lottery prohibited; exceptions
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(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 money or other property of any kind whatsoever by means of any lottery;(c) Conduct any lottery drawing for the distribution of a pr…
Fla. Stat. § 849.091 Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties
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(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 or anything of material value to be paid or given by members thereof are to be paid or given to any other member thereof, which …
Fla. Stat. § 849.0915 Referral selling
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(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 buyer’s providing the seller with the names of prospective purchasers, is declared to be a lottery if earning the rebate or discount is c…
Fla. Stat. § 849.092 Motor fuel retail business; certain activities permitted
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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 away prizes to persons selected by lot, if such prizes are made on the following conditions:(1) Such gifts are conducted as adverti…
Fla. Stat. § 849.0931 Bingo authorized; conditions for conduct; permitted uses of proceeds; limitations
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(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 the use of one or more bingo cards. When the game commences, numbers are drawn by chance, one by one, and announced. The players …
Fla. Stat. § 849.0935 Charitable, nonprofit organizations; drawings by chance; required disclosures; unlawful acts and practices; penalties
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(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 the organization conducting the drawing, one or more entries are selected by chance to win a prize. The term “drawing” d…
Fla. Stat. § 849.094 Game promotion in connection with sale of consumer products or services
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(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 an operator within or throughout the state and other states in connection with and incidental to the sale of consumer …
Fla. Stat. § 849.10 Printing lottery tickets, etc., prohibited
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(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, print, or publish any lottery ticket or advertisement, circular, bill, poster, pamphlet, list or schedule, announcement or notice, of …
Fla. Stat. § 849.11 Plays at games of chance by lot
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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 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 …
Fla. Stat. § 849.12 Money and prizes to be forfeited
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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 share, percentage or profit of the principal promoter or operator, in any lottery, and all money, currency or property of any kind to be disposed of, or offered to be disp…
Fla. Stat. § 849.13 Punishment on second conviction
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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 the first degree, punishable as provided in s. 775.082 or s. 775.083.
Fla. Stat. § 849.14 Unlawful to bet on result of trial or contest of skill, etc
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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 or endurance of human or beast, or whoever receives in any manner whatsoever any money or other thing of value staked, bet, or wagered, or offered fo…
Fla. Stat. § 849.141 Bowling tournaments exempted from chapter
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(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 the payment of entry fees, from which fees the winner receives a purse or prize.(2) As used in this section, the term:…
Fla. Stat. § 849.142 Exempted activities
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Sections 849.01, 849.08, 849.09, 849.11, 849.14, and 849.25 do not apply to participation in or the conduct of any of the following activities:(1) Gaming activities authorized under s. 285.710(13) and conducted pursuant to a gaming compact ratified and approved under s. 285.710(3…
Fla. Stat. § 849.15 Manufacture, sale, possession, etc., of slot machines or devices prohibited
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(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, or to offer to sell, rent, lease, let on shares, lend or give away, or permit the operation of, or for any person to perm…
Fla. Stat. § 849.16 Machines or devices which come within provisions of law defined
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(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 for use in such a way that, upon activation, which may be achieved by, but is not limited to, the insertion of any piece of money, coin, acco…
Fla. Stat. § 849.17 Confiscation of machines by arresting officer
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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 or her custody any such machine, apparatus or device, and its contents, and the arresting agency, at the place of seizure, shall make a…
Fla. Stat. § 849.18 Disposition of machines upon conviction
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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, after such notice to the person convicted, and any other person whom the judge may be of the opinion is entitled to such notice, and as …
Fla. Stat. § 849.19 Property rights in confiscated machine
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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 value therein, is declared not to exist in any person, and the same shall be forfeited and deposited into the Florida Gaming Control Commission’s Pari-Mu…
Fla. Stat. § 849.20 Machines and devices declared nuisance; place of operation subject to lien for fine
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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 is prohibited by ss. 849.15-849.23, shall be maintained or operated, and each of such machines or devices, is declared to be …
Fla. Stat. § 849.21 Injunction to restrain violation
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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 is made to appear by affidavit or otherwise, to the satisfaction of the court, or judge in vacation, that such nuisance exists, a temporary writ of injunct…
Fla. Stat. § 849.22 Fees of clerk of circuit court and sheriff
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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 law for the performance of similar duties, and such fees shall be paid out of the fine and forfeiture fund of the county as c…
Fla. Stat. § 849.23 Penalty for violations of ss. 849.15-849.22
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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 provided in s. 775.082 or s. 775.083. Any person convicted of violating any provision of ss. 849.15-849.22, a second tim…
Fla. Stat. § 849.231 Gambling devices; manufacture, sale, purchase or possession unlawful
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(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 provided, and except in instances when the following described instruments or apparatus are being held, …
Fla. Stat. § 849.232 Property right in gambling devices; confiscation
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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 any such implement, device, apparatus or paraphernalia by an authorized enforcement officer the same shall be delivered to and held by the clerk of…
Fla. Stat. § 849.233 Penalty for violation of s. 849.231
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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 the first degree, punishable as provided in s. 775.082 or s. 775.083.
Fla. Stat. § 849.235 Possession of certain gambling devices; defense
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(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 an antique slot machine and that it is not being used for gambling. For the purpose of this section, an antique slot machine is…
Fla. Stat. § 849.25 “Bookmaking” defined; penalties; exceptions
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(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 result of any trial or contest of skill, speed, power, or endurance of human, beast, fowl, motor vehicle, or mechanical apparatus …
Fla. Stat. § 849.251 Wagering, aiding, abetting, or conniving to race or wager on greyhounds or other dogs; penalty
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(1) A person in this state may not wager or accept money or any other thing of value on the outcome of a live dog race occurring in this state. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A p…
Fla. Stat. § 849.26 Gambling contracts declared void; exception
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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 other valuable thing won or lost, laid, staked, betted or wagered in any gambling transaction whatsoever, regardless of its…
Fla. Stat. § 849.29 Persons against whom suits may be brought to recover on gambling contracts
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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 any suit brought under the authorization of this act may be brought against all or any of such persons, to wit: The winner of the money or …
Fla. Stat. § 849.30 Plaintiff entitled to writs of attachment, garnishment and replevin
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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 fees, sued for the use and benefit of persons other than the state, in the same manner and to the same extent as in an action…
Fla. Stat. § 849.31 Loser’s testimony not to be used against her or him
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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 value involved in the suit, such loser shall not be excused from being required to attend and testify or produce any book, paper or other docume…
Fla. Stat. § 849.32 Notice to state attorney; prosecution of suit
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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 of application for the entry of final judgment, shall be served on the state attorney, whose duty it shall be to protect the interests of the state and, …
Fla. Stat. § 849.33 Judgment and collection of money; execution
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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 execution therefor, and such amounts shall not be paid to the plaintiff, but shall be payable to the state attorney, who shall promptly …
Fla. Stat. § 849.34 Loser’s judgment; recovery of property; writ of assistance
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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 she shall take judgment for the property itself and for the value thereof, the judgment as to such property to be satisfied by the recovery of the pr…
Fla. Stat. § 849.35 Definitions
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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 includes the other gender and neuter.(3) The term “vessel” includes every description of wa…
Fla. Stat. § 849.36 Seizure and forfeiture of property used in the violation of lottery and gambling statutes
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(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 with any lottery or game in violation of the statutes and laws of this state, shall be subject to seizure and f…
Fla. Stat. § 849.37 Disposition and appraisal of property seized under this chapter
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(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 deliver the said property to the sheriff of the county wherein the same was seized. The said return to the sher…
Fla. Stat. § 849.38 Proceedings for forfeiture; notice of seizure and order to show cause
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(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 rem for the forfeiture of the property therein described, of which the circuit court of the county shall have jurisdiction without regard to…
Fla. Stat. § 849.39 Delivery of property to claimant
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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 and to the seized property, may, at any time after said claim is filed with the clerk of the court, obtain possession of the seized property…