1. Gambling Statute Florida Law
  2. Gambling Florida Statute
  3. Gambling Statute Florida Rules
  4. Gambling Statute Florida Law
  5. Gambling Statute Florida Real Estate

Quick Links

  • Table Tracing Session Laws to Florida Statutes (2020) [PDF]
  • Table of Section Changes (2020)[PDF]
  • Preface to the Florida Statutes (2020)[PDF]
  • Index to Special and Local Laws (1971-2020)[PDF]
  • General Laws Conversion Table (2020)[PDF]
  • Florida Statutes Definitions Index (2020)[PDF]
  • Index to Special and Local Laws (1845-1970)[PDF]

2012 Florida Statutes

Section 849.08 of the Florida Statutes says this about 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 money or other thing of value, shall be guilty of a misdemeanor of the second degree, punishable as provided in s.

  • The bill sought to create a new Chapter 547 in the Florida statutes for sports wagering and place power in the hands of the Department of the Lottery to administer the chapter as well as regulate.
  • 849.36 Seizure and forfeiture of property used in the violation of lottery and gambling statutes. 849.37 Disposition and appraisal of property seized under this chapter. 849.38 Proceedings for forfeiture; notice of seizure and order to show cause. 849.39 Delivery of property to claimant.
  • (2) Pursuant to section 2 of that chapter of the Congress of the United States entitled “An act to prohibit transportation of gaming devices in interstate and foreign commerce,” approved January 2, 1951, being ch. 1134, and also designated as 15 U.S.C. 1171-1177, the State of Florida, acting by and through the duly elected and qualified members of its Legislature, does.
  • As you note, Florida's gambling laws generally apply to games of chance and not to contests of skill. 849.09, F.S., prohibits lotteries, other than those operated by the state.1 While the term is not defined, it has generally been held by the courts to include three elements: 1) a prize, 2) awarded by chance, 3) for.
SECTION 085
Certain penny-ante games not crimes; restrictions.

Gambling Statute Florida Law

F.S. 849.085849.085 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 game is conducted strictly in accordance with this section.
(2) StatuteGambling statute florida rulesAs used in this section:
(a) “Penny-ante game” means a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value.
(b) “Dwelling” means residential premises owned or rented by a participant in a penny-ante game and occupied by such participant or the common elements or common areas of a condominium, cooperative, residential subdivision, or mobile home park of which a participant in a penny-ante game is a unit owner, or the facilities of an organization which is tax-exempt under s. 501(c)(7) of the Internal Revenue Code. The term “dwelling” also includes a college dormitory room or the common recreational area of a college dormitory or a publicly owned community center owned by a municipality or county.
(3) A penny-ante game is subject to the following restrictions:
(b) A person may not receive any consideration or commission for allowing a penny-ante game to occur in his or her dwelling.
(c) A person may not directly or indirectly charge admission or any other fee for participation in the game.

Gambling Florida Statute

(d) A person may not solicit participants by means of advertising in any form, advertise the time or place of any penny-ante game, or advertise the fact that he or she will be a participant in any penny-ante game.
(e) A penny-ante game may not be conducted in which any participant is under 18 years of age.

Gambling Statute Florida Rules

(4) A debt created or owed as a consequence of any penny-ante game is not legally enforceable.

Gambling Statute Florida Law

(5) The conduct of any penny-ante game within the common elements or common area of a condominium, cooperative, residential subdivision, or mobile home park or the conduct of any penny-ante game within the dwelling of an eligible organization as defined in subsection (2) or within a publicly owned community center owned by a municipality or county creates no civil liability for damages arising from the penny-ante game on the part of a condominium association, cooperative association, a homeowners’ association as defined in s. 720.301, mobile home owners’ association, dwelling owner, or municipality or county or on the part of a unit owner who was not a participant in the game.

Gambling Statute Florida Real Estate

History.—s. 1, ch. 89-366; s. 33, ch. 91-197; s. 1358, ch. 97-102; s. 12, ch. 99-382; ss. 58, 70, ch. 2000-258.