The 2023 Florida Statutes
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The statutory scheme of chapter 849 (gambling) evinces a general intent to treat the business or profession of gambling as a felony while treating the casual or occasional act of gambling as a misdemeanor. Conviction under section 849.01 is a third-degree felony punishable by up to five years imprisonment. On the other hand, conviction for the act of gambling is a second-degree misdemeanor under sections 849.08, 849.11 and 849.14, Florida Statutes (1975), punishable by up to only sixty days imprisonment. If a single act of gambling were to be punishable under section 849.01, sections 849.08, 849.11 and 849.14 would lose much of their force since the state could always prosecute under section 849.01 provided the gambling occurred on some person's premises. Moreover, the position advocated by the state would result in rendering nugatory section 849.07, Florida Statutes (1975), which provides that a proprietor who permits any person to play pool or billiards for money is guilty of a second-degree misdemeanor. If the requirement of habitualness were read out of section 849.01 under its second part then a single instance of the proprietor's knowingly suffering a gambling… . . . guardianship to gamble — 849.04 None Permitting gambling and billiard or pool table by holder of license — 849.07 . . .
. . . Moreover, the position advocated by the state would result in rendering nugatory section 849.07, Florida . . .