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.
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....
...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...
...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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