The 2023 Florida Statutes
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Plaintiff correctly notes that under Florida Statues, Section 849.08, anyone who participates in unlawful gambling may be guilty of a misdemeanor. Doc. 21 at 2. However, contrary to Plaintiff's contentions, Section 849.08 expressly states that a party who brings suit under the statute-which Plaintiff has done-cannot be prosecuted for any allegedly unlawful gambling transaction engaged in that is the subject of the suit:Plaintiffs name as Defendants the Honorable Mark H. Mahon, Chief Judge of the Fourth Judicial Circuit for Florida and Sheriff Mike Williams. Plaintiffs intend for Judge Mahon to represent both himself and all other judges sitting in Duval County, Florida. Id. ¶ 9. Judge Mahon is responsible for the issuance of all administrative orders within Florida's Fourth Judicial Circuit. Id. ¶ 4. One such order is a predetermined bail schedule that aligns a default bond amount with a given misdemeanor crime, its classification type, and its statutory basis. (Doc. 1.1 at 3; Bond Schedule). For example, the Bond Schedule classifies "Gambling" as a second degree misdemeanor and cites to its statutory basis at Florida Statutes Section 849.08 with a default bond amount of $1508.00. Id. at 4. The Bond Schedule is the exclusive means by which an arrested individual's bond is set unless the presiding judge alters the default amount. Id. ¶ 21. When a judge alters the bond amount, the judge does not inquire into a given arrestee's ability to pay. Id. Sherriff Williams's role is to effectuate the mandates of the Bond Schedule upon the arrest of an individual thought to be in violation of one… Here, no relevant analogous constitutional authority exists regarding the subject of slot machine gaming. As the Division points out, in Florida gambling is generally illegal. Section 849.08, Florida Statutes (2013), provides that "game[s] of chance" are illegal. But certain forms of gambling are legal. See, e.g., ch. 550, Fla. Stat. (2013) (the "Florida Pari-mutuel Wagering Act"). And although slot machines and slot machine gaming are specifically outlawed under section 849.15(1), Florida Statutes (2013), in sweeping terms, slot machine gaming is permitted under tight restrictions as laid out by the Legislature in chapter 551. Nothing in chapter 551, however, grants any authority to regulate slot machine gaming to any county. The only role that counties play regarding slot machine gaming is conducting referenda when authorized by law.Section 849.08, Fla. Stat., which is entitled "Gambling," states: "[w]hoever 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 in s. 775.082 or s. 775.083."Section 849.08, Fla. Stat., which is entitled "Gambling," states: "[w]hoever 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 in s. 775.082 or s. 775.083."Finally, we note that gambling is a second-degree misdemeanor.See § 849.08, Fla. Stat. (2008). Accordingly, it is punishable by a maximum term of six months' supervision.See § 985.435(5), Fla. Stat. (2008). The disposition order places T.D.S. on juvenile probation for an indefinite period not to exceed his nineteenth birthday. This error was raised in an earlier motion to correct sentencing error pursuant to Florida Rule of Juvenile Procedure 8.135(b)(2), which the trial court did not address. It has not been raised as an error on appeal. Accordingly, we do not reverse the disposition on this ground. It is entirely possible that this error has already been rendered harmless or moot by some action in the trial court or by the Department of Juvenile Justice, but we alert the trial court in case it still needs to take some action to address the matter.Chapter 849, Florida Statutes (2007), regulates most gaming. It prohibits playing "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," designating it a second-degree misdemeanor. § 849.08, Fla. Stat. (2007). Certain "penny-ante games" are exempted when "conducted strictly' in accordance" with the law. § 849.085, Fla. Stat. (2007) ("`Penny-ante game' means a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value.").Chapter 849, Florida Statutes (2007), regulates most gaming. It prohibits playing "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," designating it a second-degree misdemeanor. § 849.08, Fla. Stat. (2007). Certain "penny-ante games" are exempted when "conducted strictly in accordance" with the law. § 849.085, Fla. Stat. (2007) ("`Penny-ante game' means a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in, which the winnings of any player in a single round, hand, or game do not exceed $10 in value.").1. On June 17, July 1, and July 8, 1993, [the Respondent] participated in card games for amounts exceeding the statutory limits of ten dollars . . . per hand in violation of [section] 849.08, Florida Statutes, and that he was found guilty of three misdemeanor gambling charges filed against him as a result of his participation in those card games.. . . See § 849.08, Fla. . . . Section 849.08, Florida Statutes (2013), provides that “game[s] of chance” are illegal. . . .
. . . . §§ 849.08-849.085(2)(a) (prohibiting “any game at cards, keno, roulette, faro or other game of chance . . .
. . . . § 849.08, Fla. Stat. (2007). . . .
. . . . § 849.08, Fla. Stat. (2007). . . .
. . . games for amounts exceeding the statutory limits of ten dollars ... per hand in violation of [section] 849.08 . . .
. . . relief, the Debtors owed the United States Small Business Administration (SBA) approximately $198,-849.08 . . .
. . . billiard or pool table by holder of license — 849.07 Playing at games of chance by lot — 849.11 Gambling — 849.08 . . .
. . . appellants entered pleas of nolo contendere to the misdemeanor offense of gambling in violation of section 849.08 . . . entered by eleven of the appellants to the reduced misdemeanor charge of gambling in violation of section 849.08 . . . Lawrence Sokoloff, and Nick Satin all pled nolo contendere to misdemeanor gambling in violation of section 849.08 . . .
. . . including sale of marijuana, (section 893.13(l)(a)2; Counts 16 and 17); gambling (sections 849.01 and 849.08 . . .
. . . For similar reasons, the evidence the DBR suggests supports a violation of Section 849.08 is insufficient . . .
. . . purposes, for the sale of narcotics and was a public nuisance in violation of Sections 893.13(2)(a)(5), 849.08 . . .
. . . If a single act of gambling were to be punishable under the bookmaking section, sections 849.08, 849.11 . . .
. . . . §§ 849.08, 849.09(l)(b), and 849.-09(2), permit the arrest of bingo players as players of illegal lotteries . . .
. . . On the other hand, conviction for the act of gambling is a second-degree misdemeanor under sections 849.08 . . . If a single act of gambling were to be punishable under section 849.01, sections 849.08, 849.11 and 849.14 . . .
. . . social game in one’s home, hunting camp, boat, etc. as a felony gambling offense— particularly since §§ 849.08 . . .
. . . the word puzzle game or contest as described in the amended complaint is not a violation of Section 849.08 . . .
. . . They insist that the only Florida statutes dealing with gambling are section 849.08, which penalizes . . .
. . . They insist that the only Florida statute dealing with gambling is Section 849.08, which provides for . . . conclude that the Florida Legislature did not intend to limit the scope of monitoring to Florida Statute § 849.08 . . . Chapter 849, Florida Statutes, of which Section 849.08 is a part, is entitled “gambling” and deals with . . . Supra note 2. . § 849.08. Gambling. . . . Fla.Stat. § 849.08, F.S.A, supra, note 13 . See United States v. . . .
. . . California by mail to promote or facilitate gambling activities which were in violation of Section 849.08 . . .