Florida Statutes
Fla. Stat. § 849.01 (2025)
Keeping gambling houses, etc.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 849.01
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§849.01ESTABLISH GAMBLING PLACEKEEP GAMBLING HOUSE
§849.01ESTABLISH GAMBLING PLACERENUMBERED. SEE REC # 8781
Notes of Decisions
Cited in 56
cases (2 in the last 5 years), 1942–2025 · leading case: Ferguson v. State, 377 So. 2d 709 (Fla. 1979).
Ferguson v. State, 377 So. 2d 709 (Fla. 1979). “We are presented with the question of whether habitual use of a person's premises for gambling is an essential element of the second part of section 849.01, Florida Statutes (1975) (keeping gambling houses, etc.”
Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992). “[Page A-65] *1243 MAINTAINING A GAMBLING ESTABLISHMENT (Amended) F.S. 849.01-A (849.02) Note to F.S. 849.01 covers both the maintaining of a gambling Judge establishment and the permitting of gambling.”
King v. State, 104 So. 2d 730 (Fla. 1958). “By an information filed in the Court of Crimes of Dade County, the petitioner King and two other persons, Carberry and Monroe, were charged with conspiring with one another and with one Moscovitz to violate §§ 849.01 and 849.25 of the Florida statutes, F.”
Perlman v. State, 269 So. 2d 385 (Fla. 4th DCA 1972). “The appellants' first point reads as follows: "Where appellants were charged with maintaining a gambling house under F.S. 849.01, [F.S.A] is not the prosecution required to prove that a game condemned as gambling has been habitually played or carried on?" *387 The defendants…”
Madar v. State, 376 So. 2d 446 (Fla. 4th DCA 1979). “Defendant was tried in the Circuit Court and a jury found him guilty of this charge under Section 849.01, Florida Statutes (1977). The defendant was charged in a two-count information filed in Circuit Court.”
Harvey v. State, 448 So. 2d 578 (Fla. 5th DCA 1984). “[1] He raises three issues on appeal: (1) the trial court's admission into evidence of his beverage license, which was procured through prosecutorial misconduct; (2) sufficiency of the evidence; and (3) prejudice resulting from an erroneous standard jury instruction.”
Delorme v. State, 895 So. 2d 1252 (Fla. 5th DCA 2005). “Bryant, and Michel Delorme [collectively "Appellants"] were charged by separate amended informations with (I) keeping a gambling house, a third degree felony in violation of section 849.01, Florida Statutes; and (II) a second degree misdemeanor in violation of sections 849.”
State v. Powell, 703 So. 2d 444 (Fla. 1997). “Section 849.01(6) does not expressly mandate that the period of probation or community control must be equal in length to the suspended portion of the prison sentence.”
Chacon v. State, 102 So. 2d 578 (Fla. 1958). “There is little dispute, if any, between the parties as to the facts shown by the record in this case, which are substantially as follows: An information was filed on the 19th day of November, 1954, in Four Counts, charging appellants with violating the State Lottery Statutes,…”
United States v. Larry L. Masino, 869 F.3d 1301 (11th Cir. 2017). “See Fla. Stat. §§ 849.01 , 849.02, 849.03 (prohibiting individuals, their agents, and their lessors, from “keeping], exercising] or main-tainting] a gaming table or room” or “suffering] or permitting] any person to play for money or other valuable thing at any game whatever.”
Fuller v. State, 31 So. 2d 259 (Fla. 1947). “The trial court in one of his instructions read to the jury Section 849.01, Fla. Stats. 1941 (FSA). Counsel for appellants contend that the reading of this Section to the jury was misleading, confusing, not justified by record, was prejudicial and erroneous.”
State v. Cyphers, 873 So. 2d 471 (Fla. 2d DCA 2004). “Cyphers and McKinney (Defendants) were charged with keeping a gambling house, contrary to section 849.01, Florida Statutes (2003), and possession of coin-operated devices (slot machines), contrary to section 849.”
— 849.01(6) — 2 cases
State v. Powell, 703 So. 2d 444 (Fla. 1997). “Section 849.01(6) does not expressly mandate that the period of probation or community control must be equal in length to the suspended portion of the prison sentence.”
State v. Powell, 696 So. 2d 789 (Fla. 2d DCA 1997).
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