Florida Statutes

Fla. Stat. § 849.085 (2025)

Certain penny-ante games not crimes; restrictions.

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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.

Notes of Decisions

Cited in 8 cases, 1992–2017 · leading case: Florida House of Representatives v. Crist, 999 So. 2d 601 (Fla. 2008).

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Florida House of Representatives v. Crist, 999 So. 2d 601 (Fla. 2008). · cites it 2× “§ 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 in value.”

Lane v. Mra Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002). · cites it 2× “See Fla. Stat. § 849.085 . 51 . See Fla. Stat.”

Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992). “085" is to ensure that F.S. 849.085 is not overlooked. [Page A-67] *1245 DRUG ABUSE USE OR POSSESSION OF DRUG PARAPHERNALIA (Amended) F.”

Kennel Club v. Dept. of Bus., 719 So. 2d 1210 (Fla. 2d DCA 1998). · cites it 4× “" § 849.085(2)(a), Fla. Stat. (1995). Neither the Cardroom Act nor the statute to which it refers defines the game of poker.”

Ppi, Inc. v. Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagring, 698 So. 2d 306 (Fla. 3d DCA 1997). · cites it 2× “[1] Section 849.085(2)(a), Florida Statutes (1995), defines a "penny-ante game" as "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 in…”

St. Petersburg Kennel Club v. Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagering, 757 So. 2d 1240 (Fla. 2d DCA 2000). · cites it 4× “We hold that the conformity of games specified under section 849.085(2)(a), Florida Statutes (Supp.”

Florida House of Representatives v. Crist, 990 So. 2d 1035 (Fla. 2008). · cites it 2× “§ 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 in value.”

Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagering v. Dania Ent. Ctr., LLC, 229 So. 3d 1259 (Fla. 1st DCA 2017). “On remand, the Division again denied approval of the games, and the Second District affirmed, reasoning that “conformity of games specified under section 849.085(2)(a) ... can be determined in a contested proceeding without consideration of the disavowed rule.”

— 849.085(2)(a) — 4 cases

Kennel Club v. Dept. of Bus., 719 So. 2d 1210 (Fla. 2d DCA 1998). “" § 849.085(2)(a), Fla. Stat. (1995). Neither the Cardroom Act nor the statute to which it refers defines the game of poker.”

Ppi, Inc. v. Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagring, 698 So. 2d 306 (Fla. 3d DCA 1997). “[1] Section 849.085(2)(a), Florida Statutes (1995), defines a "penny-ante game" as "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 in…”

St. Petersburg Kennel Club v. Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagering, 757 So. 2d 1240 (Fla. 2d DCA 2000). “We hold that the conformity of games specified under section 849.085(2)(a), Florida Statutes (Supp.”

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