Florida Statute 849.01 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

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F.S. 849.01

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 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 place of which she or he may directly or indirectly have charge, control or management, either exclusively or with others, procures, suffers or permits any person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 1, ch. 3764, 1887; RS 2644; GS 3572; RGS 5499; CGL 7657; s. 1059, ch. 71-136; s. 1355, ch. 97-102; s. 43, ch. 2019-167.

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Amendments to 849.01

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 849.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

S849.01 - ESTABLISH GAMBLING PLACE - RENUMBERED. SEE REC # 8781 - F: T

S849.01 - ESTABLISH GAMBLING PLACE - KEEP GAMBLING HOUSE - M: S

Cases Citing Statute 849.01

Total Results: 45

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

ESTABLISHMENT (Amended) F.S. 849.01-A (849.02) Note to F.S. 849.01 covers both the maintaining

Johnson v. State

27 So. 2d 276, 157 Fla. 685, 1946 Fla. LEXIS 831

Supreme Court of Florida | Filed: Jul 9, 1946 | Docket: 3274898

Cited 57 times | Published

offense of conducting a lottery as denounced by Section 849.01 F.S.A. and upon this information the defendant

King v. State

104 So. 2d 730

Supreme Court of Florida | Filed: Jun 4, 1958 | Docket: 1312887

Cited 35 times | Published

conspiracy to commit the offenses denounced by § 849.01 and § 849.25. Where the information in a criminal

Ferguson v. State

377 So. 2d 709

Supreme Court of Florida | Filed: Dec 6, 1979 | Docket: 1521611

Cited 34 times | Published

an essential element of the second part of section 849.01, Florida Statutes (1975) (keeping gambling

State v. Powell

703 So. 2d 444, 1997 WL 718233

Supreme Court of Florida | Filed: Nov 20, 1997 | Docket: 475847

Cited 32 times | Published

probation must equal the suspended sentence. Section 849.01(6) does not expressly mandate that the period

Fuller v. State

31 So. 2d 259, 159 Fla. 200, 1947 Fla. LEXIS 755

Supreme Court of Florida | Filed: Jun 24, 1947 | Docket: 3269884

Cited 26 times | Published

in one of his instructions read to the jury Section 849.01, Fla. Stats. 1941 (FSA). Counsel for appellants

Fraterrigo v. State

10 So. 2d 361, 151 Fla. 634, 1942 Fla. LEXIS 1234

Supreme Court of Florida | Filed: Oct 30, 1942 | Docket: 3275501

Cited 24 times | Published

is a felony. Chapter 7657, C.G.L. 1927 (now Section 849.01, Florida Statutes, 1941). Under Section 15

Perlman v. State

269 So. 2d 385

District Court of Appeal of Florida | Filed: Nov 22, 1972 | Docket: 1722376

Cited 16 times | Published

21 July 1971. The informations were based on Section 849.01, F.S. 1969, F.S.A. The causes were consolidated

Chacon v. State

102 So. 2d 578

Supreme Court of Florida | Filed: Apr 16, 1958 | Docket: 1281644

Cited 16 times | Published

with violating the State Lottery Statutes, F.S.A. § 849.01 et seq. The First Count charged that they did

State Ex Rel. Losey v. Willard

54 So. 2d 183, 1951 Fla. LEXIS 1702

Supreme Court of Florida | Filed: Aug 24, 1951 | Docket: 1711483

Cited 11 times | Published

fine not exceeding five thousand dollars." See section 849.01, Florida Statutes 1941, F.S.A. We find no indication

Bradenton Group, Inc. v. State

970 So. 2d 403

District Court of Appeal of Florida | Filed: Nov 9, 2007 | Docket: 1324847

Cited 6 times | Published

deemed "keeping a gambling house," violating section 849.01. Furthermore, it claimed lottery violations

State v. De La Llana

693 So. 2d 1075, 1997 Fla. App. LEXIS 5389, 1997 WL 253032

District Court of Appeal of Florida | Filed: May 16, 1997 | Docket: 1524466

Cited 6 times | Published

in the context of another criminal statute, section 849.01, Florida Statutes (1995), which prohibits in

State v. Powell

696 So. 2d 789, 1997 WL 43388

District Court of Appeal of Florida | Filed: Feb 5, 1997 | Docket: 1326002

Cited 5 times | Published

State, 607 So.2d 475 (Fla. 1st DCA 1992). Section 849.01(6) does not expressly mandate that the period

Harvey v. State

448 So. 2d 578

District Court of Appeal of Florida | Filed: Apr 12, 1984 | Docket: 429658

Cited 5 times | Published

below of keeping a gambling house pursuant to section 849.01, Florida Statutes (1981).[1] He raises three

State v. Katz

295 So. 2d 356

District Court of Appeal of Florida | Filed: May 31, 1974 | Docket: 1761865

Cited 5 times | Published

were charged with a gambling offense under F.S. 849.01, F.S.A. (1971). Pre-trial, the trial court ordered

Gaetano v. State

273 So. 2d 84

District Court of Appeal of Florida | Filed: Feb 8, 1973 | Docket: 458927

Cited 4 times | Published

by information with the violation of Fla. Stat. § 849.01 (1969), F.S.A. That statute reads in pertinent

Collins v. State

83 So. 2d 6

Supreme Court of Florida | Filed: Sep 16, 1955 | Docket: 1342130

Cited 4 times | Published

provided a maximum penalty of only 3 years. Section 849.01, Florida Statutes, F.S.A. Upon making this

McCormack v. State

338 So. 2d 208, 1975 Fla. App. LEXIS 19133

District Court of Appeal of Florida | Filed: Aug 15, 1975 | Docket: 64555414

Cited 3 times | Published

of maintaining a gambling house in violation of § 849.01, F.S.1973. Notice of appeal was filed, appellant

Pesce v. State

288 So. 2d 264

District Court of Appeal of Florida | Filed: Jan 18, 1974 | Docket: 1326265

Cited 3 times | Published

two counts of violating the gambling statute, Section 849.01, F.S. 1971, F.S.A. We reverse and remand with

State v. Cyphers

873 So. 2d 471, 2004 WL 1057797

District Court of Appeal of Florida | Filed: May 12, 2004 | Docket: 1452028

Cited 2 times | Published

with keeping a gambling house, contrary to section 849.01, Florida Statutes (2003), and possession of

Bellamy v. State

347 So. 2d 419

Supreme Court of Florida | Filed: Jun 2, 1977 | Docket: 1687287

Cited 2 times | Published

operating a gambling house contrary to *420 Section 849.01, Florida Statutes. After being found guilty

Ashley v. State

925 So. 2d 1117, 2006 WL 941752

District Court of Appeal of Florida | Filed: Apr 13, 2006 | Docket: 1517010

Cited 1 times | Published

in the context of another criminal statute, section 849.01, Florida Statutes (1995), which prohibits in

Delorme v. State

895 So. 2d 1252, 2005 WL 497260

District Court of Appeal of Florida | Filed: Mar 4, 2005 | Docket: 1674500

Cited 1 times | Published

house, a third degree felony in violation of section 849.01, Florida Statutes; and (II) a second degree

United States v. Marion Michael O'Steen

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 2025 | Docket: 68310299

Published

Argued: Mar 5, 2024

associates with violating Florida Statute § 849.01, a third-degree felony punishable by imprisonment

United States v. Marion Michael O'Steen

Court of Appeals for the Eleventh Circuit | Filed: Apr 4, 2025 | Docket: 68310299

Published

Argued: Mar 5, 2024

associates with violating Florida Statute § 849.01, a third-degree felony punishable by imprisonment

Ago

Florida Attorney General Reports | Filed: Jul 8, 2008 | Docket: 3255385

Published

recognized as gambling within the terms of section 849.01, Florida Statutes.5 Section 849.0931, Florida

Ago

Florida Attorney General Reports | Filed: Nov 7, 2007 | Docket: 3257607

Published

prohibition against keeping a gambling house. Section 849.01, Florida Statutes, states: "Whoever by herself

Ago

Florida Attorney General Reports | Filed: Sep 6, 2007 | Docket: 3257414

Published

Chapter 849, Florida Statutes. For example, section 849.01, Florida Statutes, provides: "Whoever by herself

Ago

Florida Attorney General Reports | Filed: Mar 24, 2004 | Docket: 3256278

Published

and 849.15, Florida Statutes? Question One Section 849.01, Florida Statutes, prohibits a person from

In re Forfeiture of the Following Described Property Six Video Draw Poker Machines

544 So. 2d 1097, 14 Fla. L. Weekly 1396, 1989 Fla. App. LEXIS 3276, 1989 WL 61534

District Court of Appeal of Florida | Filed: Jun 9, 1989 | Docket: 64643141

Published

with keeping a gambling house in violation of Section 849.-01, Florida Statutes (1985). Unfortunately, after

Charlotte County Lodge v. State, Department of Business Regulations, Division of Alcoholic Beverages & Tobacco

463 So. 2d 1208, 10 Fla. L. Weekly 370, 1985 Fla. App. LEXIS 12342

District Court of Appeal of Florida | Filed: Feb 7, 1985 | Docket: 64610035

Published

count 8 of the show cause order relating to Section 849.01’s prohibition against “keeping gambling houses

State v. Tate

420 So. 2d 116

District Court of Appeal of Florida | Filed: Oct 8, 1982 | Docket: 1306654

Published

who keeps a gambling house in violation of section 849.01, Florida Statutes (1981), or engages in bookmaking

Madar v. State

376 So. 2d 446, 1979 Fla. App. LEXIS 15683

District Court of Appeal of Florida | Filed: Oct 31, 1979 | Docket: 64572612

Published

jury found him guilty of this charge under Section 849.01, Florida Statutes (1977). The defendant was

State v. Ferguson

365 So. 2d 788, 1978 Fla. App. LEXIS 16950

District Court of Appeal of Florida | Filed: Dec 20, 1978 | Docket: 64567738

Published

cards on his premises, an offense prohibited by Section 849.01, Florida Statutes (1975) (keeping gambling

Mart v. State

350 So. 2d 1123, 1977 Fla. App. LEXIS 16830

District Court of Appeal of Florida | Filed: Oct 18, 1977 | Docket: 64560714

Published

defendant is a gambling house proscribed by Section 849.01, Florida Statutes (1975), when the defendant

State v. Kugel

342 So. 2d 1012, 1977 Fla. App. LEXIS 15042

District Court of Appeal of Florida | Filed: Feb 11, 1977 | Docket: 64557283

Published

Terrace, Apartment # B, Oakland Park, contrary to F.S. 849.01 and F.S. 833.04, Count II: And . . . further

State v. Malone

227 So. 2d 896, 1969 Fla. App. LEXIS 5196

District Court of Appeal of Florida | Filed: Nov 12, 1969 | Docket: 64511992

Published

with maintaining a gambling room in violation of § 849.01, Fla.Stat., F.S.A., was filed. This information

State v. Schell

211 So. 2d 581, 1968 Fla. App. LEXIS 5465

District Court of Appeal of Florida | Filed: Jun 14, 1968 | Docket: 64505781

Published

felony of violation of gambling laws under Fla.Stat. 849.01, F.S.A., said information stating in part:

Glisson v. State

208 So. 2d 274, 1968 Fla. App. LEXIS 5742

District Court of Appeal of Florida | Filed: Mar 19, 1968 | Docket: 64504515

Published

a gambling house. That offense, as defined in § 849.01 Fla.Stat., F. S.A., is as follows: “Whoever by

Lamkin v. Faircloth

204 So. 2d 747, 1968 Fla. App. LEXIS 6134

District Court of Appeal of Florida | Filed: Jan 3, 1968 | Docket: 64503306

Published

against the prize offered by the operator. Section 849.01 of the Florida Statutes, F.S.A. provides as

Spina v. State

203 So. 2d 20, 1967 Fla. App. LEXIS 4391

District Court of Appeal of Florida | Filed: Oct 10, 1967 | Docket: 64502548

Published

a gambling room, which was charged pursuant to § 849.01, Fla.Stat. (1965), F.S.A. This statute provides

Cohen v. State

189 So. 2d 498, 1966 Fla. App. LEXIS 4773

District Court of Appeal of Florida | Filed: Aug 2, 1966 | Docket: 64497863

Published

room in contravention of the law as set forth in § 849.01, Fla.Stat., 1963, F.S.A. On their appeal to this

Paolercio v. State

157 So. 2d 525

District Court of Appeal of Florida | Filed: Nov 12, 1963 | Docket: 60216527

Published

gambling room.” This is a statutory crime under § 849.01, Fla.Stat., F.S.A., which reads as follows: “849

Damar Corp. v. Lee

155 So. 2d 655

District Court of Appeal of Florida | Filed: Aug 7, 1963 | Docket: 60214519

Published

and maintaining a gambling house, pursuant to section 849.01, Florida Statutes, F.S.A. The penalty for violation

Sherman v. State

133 So. 2d 663

District Court of Appeal of Florida | Filed: Oct 23, 1961 | Docket: 60198632

Published

of keeping a gambling house as set forth in section 849.01, Fia.Stat., F.S.A. He has appealed from the