Florida Statute 849.085 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

View Entire Chapter

F.S. 849.085

849.085 Certain penny-ante games not crimes; restrictions.—

(1) Notwithstanding any other provision of law, it is not a crime for a person to participate in a game described in this section if such game is conducted strictly in accordance with this section.

(2) As used in this section:

(a) “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.

(b) “Dwelling” means residential premises owned or rented by a participant in a penny-ante game and occupied by such participant or the common elements or common areas of a condominium, cooperative, residential subdivision, or mobile home park of which a participant in a penny-ante game is a unit owner, or the facilities of an organization which is tax-exempt under s. 501(c)(7) of the Internal Revenue Code. The term “dwelling” also includes a college dormitory room or the common recreational area of a college dormitory or a publicly owned community center owned by a municipality or county.

(3) A penny-ante game is subject to the following restrictions:

(a) The game must be conducted in a dwelling.

(b) A person may not receive any consideration or commission for allowing a penny-ante game to occur in his or her dwelling.

(d) A person may not solicit participants by means of advertising in any form, advertise the time or place of any penny-ante game, or advertise the fact that he or she will be a participant in any penny-ante game.

(e) A penny-ante game may not be conducted in which any participant is under 18 years of age.

(4) A debt created or owed as a consequence of any penny-ante game is not legally enforceable.

(5) The conduct of any penny-ante game within the common elements or common area of a condominium, cooperative, residential subdivision, or mobile home park or the conduct of any penny-ante game within the dwelling of an eligible organization as defined in subsection (2) or within a publicly owned community center owned by a municipality or county creates no civil liability for damages arising from the penny-ante game on the part of a condominium association, cooperative association, a homeowners’ association as defined in s. 720.301, mobile home owners’ association, dwelling owner, or municipality or county or on the part of a unit owner who was not a participant in the game.

History.—s. 1, ch. 89-366; s. 33, ch. 91-197; s. 1358, ch. 97-102; s. 12, ch. 99-382; ss. 58, 70, ch. 2000-258.

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Amendments to 849.085

Annotations, Discussions, Cases:

Cases Citing Statute 849.085

Total Results: 8

Standard Jury Instructions-Criminal Cases

603 So. 2d 1175, 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

Supreme Court of Florida | Filed: Jul 2, 1992 | Docket: 1475854

Cited 75 times | Published

The addition of "and .085" is to ensure that F.S. 849.085 is not overlooked. [Page A-67] *1245

Florida House of Representatives v. Crist

999 So. 2d 601, 2008 WL 5642083

Supreme Court of Florida | Filed: Jul 3, 2008 | Docket: 464908

Cited 16 times | Published

"conducted strictly in accordance" with the law. § 849.085, Fla. Stat. (2007) ("`Penny-ante game' means a

Lane v. MRA HOLDINGS, LLC

242 F. Supp. 2d 1205, 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

District Court, M.D. Florida | Filed: Nov 26, 2002 | Docket: 8427

Cited 15 times | Published

See Fla. Stat. § 849.0931. [50] See Fla. Stat. § 849.085. [51] See Fla. Stat. § 550.0425. [52] See Fla

Kennel Club v. Dept. of Business

719 So. 2d 1210, 1998 WL 552426

District Court of Appeal of Florida | Filed: Sep 2, 1998 | Docket: 1352093

Cited 5 times | Published

one to another statute, namely section 849.085(2)(a). Section 849.085(2)(a) reads: "`Penny-ante game'

Ppi, Inc. v. Department of Business and Professional Regulation, Division of Pari-Mutuel Wagring

698 So. 2d 306, 1997 Fla. App. LEXIS 8630

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 434726

Cited 2 times | Published

in winnings in violation of Chapter 849.[1] Section 849.085(2)(a), Florida Statutes (1995), defines a "penny-ante

Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering v. Dania Entertainment Center, LLC

229 So. 3d 1259

District Court of Appeal of Florida | Filed: Nov 8, 2017 | Docket: 6219403

Cited 1 times | Published

that “conformity of games specified under section 849.085(2)(a) ... can be determined in a contested

Florida House of Representatives v. Crist

990 So. 2d 1035, 33 Fla. L. Weekly Supp. 437, 2008 Fla. LEXIS 1220, 2008 WL 2669767

Supreme Court of Florida | Filed: Jul 3, 2008 | Docket: 64855713

Published

"conducted strictly in accordance” with the law. § 849.085, Fla. Stat. (2007) (“ 'Penny-ante game' means

St. Petersburg Kennel Club v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering

757 So. 2d 1240, 2000 Fla. App. LEXIS 4761, 2000 WL 485544

District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 64797290

Published

by and played in a manner consistent with Section 849.085(2)(a) and Section 849.086, Florida Statutes