Florida Statutes

Fla. Stat. § 849.04 (2025)

Permitting minors and persons under guardianship to gamble.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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

Notes of Decisions

Cited in 4 cases, 1967–2014 · leading case: Godwin v. State, 593 So. 2d 211 (Fla. 1992).

Sort: Relevance Newest Treatment

Godwin v. State, 593 So. 2d 211 (Fla. 1992). · cites it 2× “§ 849.04, Fla. Stat. (1989). It is true that some of the above legal disabilities can be removed relatively quickly once an unlawful civil commitment expires or otherwise ends, but others outlined below clearly cannot.”

Incredible Investments, LLC v. Fernandez-Rundle, 984 F. Supp. 2d 1318 (S.D. Fla. 2013). “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 promotions, but the Plaintiff is prevented from…”

Faircloth v. Cent. Florida Fair, Inc., 202 So. 2d 608 (Fla. 4th DCA 1967). · cites it 2× “, F.S.A. §§ 849.04, 849.08, 849.11. The exception is § 849.”

Incredible Investments, LLC v. Fernandez-Rundle, 28 F. Supp. 3d 1272 (S.D. Fla. 2014). “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 employ the use of game promotions” and…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.