Florida Statutes

Fla. Stat. § 849.11 (2025)

Plays at games of chance by lot.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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849.11 Plays at games of chance by lot.—Whoever sets up, promotes or plays at any game of chance by lot or with dice, cards, numbers, hazards or any other gambling device whatever for, or for the disposal of money or other thing of value or under the pretext of a sale, gift or delivery thereof, or for any right, share or interest therein, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 3, ch. 4373, 1895; GS 3584; RGS 5511; CGL 7669; s. 1067, ch. 71-136.

Arrestable Offenses under F.S. 849.11

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§849.11LOTTERY-OPERATINGOPERATE GAMES OF CHANCE 1ST OFFM · 2nd

§849.11LOTTERY-PLAYINGPLAY GAMES OF CHANCE 1ST OFFM · 2nd

Notes of Decisions

Cited in 2 cases, 1984–2015 · leading case: Hall v. State, 460 So. 2d 428 (Fla. 1st DCA 1984).

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Hall v. State, 460 So. 2d 428 (Fla. 1st DCA 1984). · cites it 3× “Section 849.11 makes it a second degree misdemeanor to set up, promote or play “at any game of chance by lot or dice, cards, numbers, hazards or any other gambling device whatever for .”

In Re: Stand. Jury Instructions in Crim. Cases - Report No. 2015-01 (Fla. 2015). · cites it 2× “16 [SETTING UP] [PROMOTING] [PLAYING AT] A GAME OF CHANCE FOR MONEY, THING OF VALUE, OR UNDER THE PRETEXT OF A SALE, GIFT, OR DELIVERY § 849.11, Fla. Stat. To prove the crime of [Setting Up] [Promoting] [Playing at] a Game of Chance For Money, Thing of Value, or Under the…”

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