CopyCited 1 times | Published | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4310
...This is an appeal by defendant, Earl Fair-cloth, Attorney General of Florida, from a final declaratory decree in favor of the plaintiffs, Central Florida Fair, Inc. and James E. Strates Shows, Inc. The question presented to the trial court was whether or not certain games enumerated in F.S.A. § 616.091 constitute gambling....
...vice for gambling, or as a game of chance.” Turning to F.S.A. ch. 616, we again observe the legislature carefully stating that it was not authorizing “any gambling or game of chance * * * in violation of the criminal laws of the state”. F.S.A. § 616.09. What then is the import of F.S.A. § 616.091, which lists some twenty-three games and provides certain standards therefor? Keeping in mind the persistent legislative warnings that it was not authorizing games of chance, we conclude that the legislature did not contemplate that the en...
...§
849.14 to proscribe “wagering” on the results of ball games, races, prize fights and the like as opposed to “playing” games of skill for prizes. For example, two men would be prohibited from betting on the result of one of the games of skill set out in F.S.A. §
616.091....
...See Berry, Spirits of the Past— Coping With Old Laws, 19 U.Fla.L.Rev. 24 (1966). Also see State v. Wood, Miss.1966,
187 So.2d 820 , upholding the right of a state to impose a tax upon an illegal activity. Accordingly, we hold that the games enumerated in F.S.A. §
616.091 are not per se games of chance and are not per se violative of our gambling laws....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 6134
HOBSON, Judge. This appeal is from a declaratory decree of the Circuit Court of Hillsborough County adjudging certain games which are described in § 616.091, Fla.Stat., F.S.A., in which the appellants desire to operate at the Tampa State Fair as gambling and therefore violative of the laws of the State of Florida....
...rd on appeal discussing the matter under consideration and a careful analysis of the lower court’s final decree, we conclude that the lower court incorrectly ruled that the games specified in Chapter 616 or more specifically those games set out in § 616.091 (m) through (jj) inclusive, even though operated in accordance with the standards set forth in said statutes, constituted gambling and therefore were illegal. There are two pertinent statutes which govern the adjudication of this dispute. The first is Chapter 616 relating to public fairs and expositions. The second is Chapter 849 relating to gambling. “616.091 OPERATION OF SHOWS.— (1) TRADE STANDARDS FOR OPERATION OF SHOWS....
...off a stand or merely knock them over. In addition, the degree of difficulty in achieving the required result in each game can be and has been controlled or regulated by the operator, even while complying with the limitations or 'standards’ set in Section 616.091, Florida Statutes....
...render such accomplishment either impossible or a fortuitous occurrence entirely unrelated to the proficiency or judgment of the player.” (emphasis supplied) Thus it appears that the chancellor has concluded that in each of the games enumerated in §
616.091 the element of “skill” is so remote, or otherwise, the element of “chance” is so overriding, that any person who participates is ipso facto gambling. In the fourth “Conclusion of Law,” the chancellor finds as follows: “4. Even assuming that Section
616.091, Florida Statutes, was intended by the Legislature to remove certain games involving the skill of the player from the condemnation of Section
849.14, Florida Statutes, the games in controversy here would still come within the purview of the gambling laws....
...m of money to play a game of skill or chance and an opportunity to win a valuable prize, are within the condemnation of Chapter 849, Florida Statutes, and are, therefore, illegal.' It is further “DECREED that any and all of the games enumerated in Section 616.091, Florida Statutes, if conducted in a manner not in conflict with the criminal laws of the State of Florida, may be conducted under said Section 616.091, Florida Statutes, (in compliance with the standards therein set forth. It is further “DECREED that the injunctive relief prayed for in this case be, and the same is, hereby denied.” To us, the chancellor has said in the first paragraph of the decretal portion of the decree that the games set out in § 616.091 are gambling and therefore illegal....
...However, in the second paragraph he decrees that the same games are not gambling if conducted in such a manner not in conflict with the criminal laws of Florida. We think the Legislature has stated clearly the manner in which these games may be conducted and not be in violation of the criminal laws of the State of Florida. Section 616.091 was passed by the 1963 Legislature....
...It would require an absolute ignoring of the legislative intent if we presumed that the Legislature intended to prohibit those games and amusements on which they have placed definite standards and requirements. This rationale has even greater weight when Chapter 616 is read in its entirety. Section 616.09 provides that “[njothing in this chapter shall be held or construed to authorize or permit any association organized hereunder to carry on, conduct, supervise, permit or suffer any gambling or game of chance, lottery, betting or othe...
...Even assuming the games enumerated in Chapter 616 constitute gambling, the Legislature has the authority to exclude from the gambling laws such games because gambling is not prohibited by the Florida Constitution. Therefore, we conclude that Chapter 616.091 specifically sets forth a legislative intent to authorize certain games and devices which would not be in degradation of the gambling laws as set forth in Chapter 849, Fla.Stat., F.S.A., when such games are conducted in accordance with the standards set forth in said statute....
