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

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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: District Court of Appeal of Florida | Date Filed: 2017-11-08

Citation: 229 So. 3d 1259

Snippet: rule defining “poker” in the context of sections 849.085 and 849.086 exceeded the Division’s rulemaking

Florida House of Representatives v. Crist

Court: Supreme Court of Florida | Date Filed: 2008-07-03

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' means a

Florida House of Representatives v. Crist

Court: Supreme Court of Florida | Date Filed: 2008-07-03

Citation: 999 So. 2d 601, 2008 WL 5642083

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-09-06

Snippet: Stat., 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: District Court of Appeal of Florida | Date Filed: 2000-04-26

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

Kennel Club v. Dept. of Business

Court: District Court of Appeal of Florida | Date Filed: 1998-09-02

Citation: 719 So. 2d 1210, 1998 WL 552426

Snippet: games' means only those games authorized by s. 849.085(2)(a) and which are played in a nonbanking manner

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

Court: District Court of Appeal of Florida | Date Filed: 1997-07-30

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

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

Garcia v. State

Court: District Court of Appeal of Florida | Date Filed: 1994-05-10

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: District Court of Appeal of Florida | Date Filed: 1993-02-03

Citation: 613 So. 2d 558, 1993 WL 25615

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: Supreme Court of Florida | Date Filed: 1992-07-02

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

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

Hernandez v. State

Court: District Court of Appeal of Florida | Date Filed: 1981-04-28

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’s