Florida Statutes
Fla. Stat. § 849.08 (2025)
Gambling.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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Arrestable Offenses under F.S. 849.08
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§849.08GAMBLINGENGAGE IN GAMBLING/PLAY GAMES OF CHANCE
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1972–2023 · leading case: United States v. Lanza, 341 F. Supp. 405 (M.D. Fla. 1972).
United States v. Lanza, 341 F. Supp. 405 (M.D. Fla. 1972). “Fla.Stat. § 849.08, F.S.A, supra, note 13 18 .”
Florida House of Representatives v. Crist, 999 So. 2d 601 (Fla. 2008). “§ 849.08, Fla. Stat. (2007). Certain "penny-ante games" are exempted when "conducted strictly in accordance" with the law.”
Shaktman v. State, 529 So. 2d 711 (Fla. 3d DCA 1988). “The remaining eleven appellants entered pleas of nolo contendere to the misdemeanor offense of gambling in violation of section 849.08, Florida Statutes (1983). Sentences ranging from non-reporting probation and a fine to four years' imprisonment were imposed.”
Dep't of Legal Affairs v. Rogers, 329 So. 2d 257 (Fla. 1976). “The trial judge found that the word puzzle game or contest as described in the amended complaint is not a violation of Section 849.08, Florida Statutes, prohibiting games of chance for money or other things of value but rather is a scheme to compete for a purse, prize, or…”
United States v. Dicristina, 886 F. Supp. 2d 164 (E.D.N.Y 2012). “See Fla. Stat. §§ 849.08-849.085 (2)(a) (prohibiting “any game at cards, keno, roulette, faro or other game of chance, at any *196 place, by any device whatever, for money or other thing of value” but stating that gambling on poker is not a crime when played for “penny ante”);…”
Gretna Racing, LLC v. Florida Dep't of Bus. & Prof'l Reg., etc., 225 So. 3d 759 (Fla. 2017). “See § 849.08, Fla. Stat. (2013) (“Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value, shall be guilty of a misdemeanor of the second degree, punishable as provided…”
Florida House of Representatives v. Crist, 990 So. 2d 1035 (Fla. 2008). “§ 849.08, Fla. Stat. (2007). Certain "penny-ante games” are exempted when "conducted strictly in accordance” with the law.”
Charlotte Cnty. Lodge v. State, Dep't of Bus. Regulations, Div. of Alcoholic Beverages & Tobacco, 463 So. 2d 1208 (Fla. 2d DCA 1985). “For similar reasons, the evidence the DBR suggests supports a violation of Section 849.08 is insufficient to support such a charge.”
Doe v. VGW Malta Ltd. (M.D. Fla. 2023). “Plaintiff contends that “[b]y revealing the identity of JOHN DOE and the other similarly situated individuals they could be compelled, absent anonymity, to potentially admit an intent to engage in illegal conduct (‘gambling’) and thus risk potential criminal prosecution” under…”
State v. Ferguson, 365 So. 2d 788 (Fla. 2d DCA 1978). “as a felony gambling offense— particularly since §§ 849.08, 849.11 and 849.-14, Florida Statutes seem to be more directly concerned with such offenses as misdemeanors.”
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