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Florida Statute 849.04 - Full Text and Legal Analysis Florida Statute 849.04 | Lawyer Caselaw & Research
Fla. Stat. § 849.04 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
849.04 Permitting minors and persons under guardianship to gamble.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 game or to bet on such game of chance; or whoever aids or abets or otherwise encourages such playing or betting of any money or other valuable thing upon the result of such game of chance by a minor or person who is mentally incompetent or under guardianship, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For the purpose of this section, the term “person who is mentally incompetent” means a person who because of mental illness, intellectual disability, senility, excessive use of drugs or alcohol, or other mental incapacity is incapable of managing his or her property or caring for himself or herself or both.
History.s. 1, ch. 3145, 1879; RS 2647; s. 9, ch. 4322, 1895; GS 3575; RGS 5502; CGL 7660; s. 1060, ch. 71-136; s. 5, ch. 88-33; s. 1356, ch. 97-102; s. 24, ch. 2013-162.

Arrestable Offenses under F.S. 849.04

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd
§849.04CONTRIB DELINQ MINORPERMIT MINOR TO GAMBLEF · 3rd
§849.04GAMBLINGALLOW MENTALLY INCOMPETENT TO GAMBLEF · 3rd

Cases Citing F.S. 849.04

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·Godwin v. State, 593 So. 2d 211 (Fla. 1992).

Cited 93 times | Published | Supreme Court of Florida | 1992 WL 4452

...Nor may they carry an explosives permit or use explosives. § 552.094(5)(c), Fla. Stat. (1989). It also is illegal for anyone to allow an incompetent person to participate in any "game of chance," presumably including such lawful activities as church bingo or the Florida Lottery. § 849.04, Fla....
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Cited as authority(citing case) (2026)
phrase: "rule_authority"
Cited as authority(citing case) (2025)
phrase: "rule_authority"
Cited as authority(citing case) (2025)
phrase: "rule_authority"
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·Incredible Investments, LLC v. Fernandez-Rundle, 984 F. Supp. 2d 1318 (S.D. Fla. 2013).

Published | District Court, S.D. Florida | 2013 WL 6086031, 2013 U.S. Dist. LEXIS 165790

...Furthermore, under such a review, Plaintiff has the burden “to negative every conceivable basis which might support [the classification].” Id. (internal quotation marks omitted.) As with Count III, Plaintiffs claim is based upon a misreading of the Fla. Stat. § 849.094 . Plaintiff alleges that Section 849.04 “violates the Plaintiffs right to equal protection under the law because similarly situated businesses that happen to advertise game promotions nationally rather than locally are expressly permitted to employ the use of game promotio...
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Cited as authority(citing case) (2020)
phrase: "rule_authority"
Cited as authority(citing case) (2019)
phrase: "rule_authority"
Cited as authority(citing case) (2015)
phrase: "rule_authority"
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·Incredible Investments, LLC v. Fernandez-Rundle, 28 F. Supp. 3d 1272 (S.D. Fla. 2014).

Published | District Court, S.D. Florida | 2014 WL 2959455, 2014 U.S. Dist. LEXIS 91252

...Furthermore, under such a review, Plaintiff has the burden “to negative every conceivable basis which might *1288 support [the classification].” Id. (internal quotation marks omitted.) As with Count II, Plaintiffs claim is based on a misreading of Section 849.094. In Count I, Plaintiff alleges that Section 849.04 “violates the Plaintiffs right to equal protection under the law because similarly situated businesses that conduct game promotions in and outside Florida or who advertise their game promotions nationally are expressly permitted to e...
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Cited as authority(citing case) (2016)
phrase: "rule_authority"

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.