Florida Statute 849.085 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

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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.

F.S. 849.085 on Google Scholar

F.S. 849.085 on Casetext

Amendments to 849.085

Arrestable Offenses / Crimes under Fla. Stat. 849.085

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 849.085.

Annotations, Discussions, Cases:

Cases Citing Statute 849.085

Total Results: 11

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

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-08T00:00:00-08:00

Citation: 229 So. 3d 1259

Snippet: rule defining “poker” in the context of sections 849.085 and 849.086 exceeded the Division’s rulemaking …that “conformity of games specified under section 849.085(2)(a) ... can be determined in a contested proceeding

Florida House of Representatives v. Crist

Court: Fla. | Date Filed: 2008-07-03T00:00:00-07:00

Citation: 999 So. 2d 601

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

Florida House of Representatives v. Crist

Court: Fla. | Date Filed: 2008-07-03T00:00:00-07:00

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

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

Ago

Court: Fla. Att'y Gen. | Date Filed: 2007-09-06T00:53:00-07:00

Snippet: defining "Authorized game."And see s. 849.085, Fla. Stat., allowing certain penny-ante games

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

Court: Fla. Dist. Ct. App. | Date Filed: 2000-04-26T00:00:00-07:00

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

Snippet: and played in a manner consistent with Section 849.085(2)(a) and Section 849.086, Florida Statutes, and… Form 16-001, meet the requirements of Section 849.085(2)(a) and Section 849.086, Florida Statutes, and…the conformity of games specified under section 849.085(2)(a), Florida Statutes (Supp.1996), can be determined

Kennel Club v. Dept. of Business

Court: Fla. Dist. Ct. App. | Date Filed: 1998-09-02T00:00:00-07:00

Citation: 719 So. 2d 1210

Snippet: to another statute, namely section 849.085(2)(a). Section 849.085(2)(a) reads: "`Penny-ante game…' means only those games authorized by s. 849.085(2)(a) and which are played in a nonbanking manner…hand, or game do not exceed $10 in value." § 849.085(2)(a), Fla. Stat. (1995). Neither the Cardroom

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

Court: Fla. Dist. Ct. App. | Date Filed: 1997-07-30T00:53:00-07:00

Citation: 698 So. 2d 306

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

Garcia v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1994-05-10T00:00:00-07:00

Citation: 638 So. 2d 94, 1994 Fla. App. LEXIS 4414, 1994 WL 176533

Snippet: challenging the system), cert. denied, 379 U.S. 849, 85 S.Ct. 90, 13 L.Ed.2d 52 (1964). In this case, the

Brown v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1993-02-02T23:53:00-08:00

Citation: 613 So. 2d 558

Snippet: So.2d 104 (Fla. 1963), cert. denied, 379 U.S. 849, 85 S.Ct. 90, 13 L.Ed.2d 52 (1964). Here, after the

Standard Jury Instructions-Criminal Cases

Court: Fla. | Date Filed: 1992-07-02T00:53:00-07:00

Citation: 603 So. 2d 1175

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

Hernandez v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1981-04-28T00:00:00-07:00

Citation: 397 So. 2d 435, 1981 Fla. App. LEXIS 19358

Snippet: , 160 So.2d 104 (Fla.), cert. denied, 379 U.S. 849, 85 S.Ct. 90, 13 L.Ed.2d 52 (1964). Moreover, defendant