The 2023 Florida Statutes
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The Parimutuels, which own and operate casinos in Florida, FAC ¶¶ 9-11, 18, are not pleased with the Compact. They are not affiliated with the Tribe, and Florida law prohibits sports betting beyond what the Compact allows. See Fla. Stat. § 849.14 ; FAC ¶ 79. Thus, the Parimutuels cannot offer online sports betting (or any sports betting) unless they do so through some licensing agreement with the Tribe. See FAC ¶¶ 125, 137. The Parimutuels allege that they will lose revenue because their potential casino patrons will take their gambling dollars to the Tribe. FAC ¶¶ 132-36, 144-45.The first constitutional challenge raised is that the Act violates the due process and equal protection clauses of the United States and State of Florida Constitutions, by the legislature impermissibly delegating basic policy decisions, absent ascertainable standards, to the prosecutor, giving him the unbridled discretion to pursue either a misdemeanor conviction under section 849.14 for each separate gambling incident, or a felony conviction under section 895.03 for the entire gambling episode. A comparable argument was raised in State v. Cogswell, 521 So.2d 1081 (Fla. 1988), in which the defendant contended that section 849.25 (bookmaking) was unconstitutional as violative of the due process and equal protection clauses, because the statute authorized the prosecution of bookmaking as a felony, which same conduct could be treated as a gambling misdemeanor under section 849.14. Our supreme court found no constitutional violation in the discretion so delegated to the prosecutor and affirmed the conviction. We consider that Cogswell is dispositive of the due process and equal protection challenges raised by appellants herein, and, based upon Cogswell, we likewise… The appellants were charged by informations with the felony offense of bookmaking pursuant to section 849.25, Florida Statutes (1983). The appellants subsequently filed consolidated motions to dismiss the informations based upon their claim that the statute violated the equal protection and due process clauses of the fourteenth amendment to the United States Constitution and article I, section 9, of the Florida Constitution. The appellants devoted a substantial portion of their argument to the point that the conduct prohibited as a felony in section 849.25 and the conduct prohibited as a misdemeanor in section 849.14 are essentially identical, thus rendering section 849.25 susceptible to arbitrary and discriminatory application. Notwithstanding the appellants' contention or the validity of their arguments, the Florida supreme court has addressed this precise constitutional challenge to section 849.25 and resolved the question contrary to their position. State v. Cogswell, 521 So.2d 1081 (Fla. 1988).Appellee was charged under the felony bookmaking statute, Section 849.25(1), which forbids the "taking or receiving any bet." He says that because there is a misdemeanor statute, Section 849.14, proscribing the same conduct that the prosecutor is given too much discretion in how to charge a person and that is an unconstitutional denial of equal protection.Section 849.14 provides:We affirm and note our agreement with the trial court that section 849.25, Florida Statutes (1985) is constitutionally invalid as a due process and equal protection violation to the extent that it permits the prosecution as a felony of the same conduct treated as a misdemeanor by section 849.14, Florida Statutes (1985). The same prohibited conduct of "taking or receiving a bet" may be prosecuted under either statute, depending upon the discretion of the prosecutor. We believe this is the situation contemplated by the Florida Supreme Court in Soverino v. State, 356 So.2d 269, 272 n. 2 (Fla. 1978) when it stated:We now hold that the bookmaking statute is also not applicable to a single act of gambling. If a single act of gambling were to be punishable under the bookmaking section, sections 849.08, 849.11, and 849.14, Florida Statutes (1981), would lose their force because the state could always prosecute a single act of gambling as a felony under section 849.25, or if the gambling occurred on someone's premises, under section 849.01. We must construe all statutes relating to the same subject matter with reference to each other in such a manner that effect may be given to all of the provisions of each. Ferguson v. State.. . . . § 849.14. . . .
. . . . § 849.14 (2012); Mass. Gen. Laws eh. 271, § 17A (2012). . . .
. . . . § 849.14 states that: Whoever stakes, bets or wagers any money or other thing of value upon the result . . .
. . . Section 84-9.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling. § 895.02(l)(a)( . . .
. . . . §§ 849.14, 849.25; see also 18 U.S.C. § 1084, “contacted Western Union sometime prior to December 22 . . .
. . . Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25, relating to gambling. . . .
. . . based upon predicate acts consisting of second degree gambling misdemeanors, in violation of section 849.14 . . . prosecutor, giving him the unbridled discretion to pursue either a misdemeanor conviction under section 849.14 . . . bookmaking as a felony, which same conduct could be treated as a gambling misdemeanor under section 849.14 . . . information under the following provisions of the Florida Statutes: ****** (24) Section 849.09, s. 849.14 . . . Section 849.14, Florida Statutes (1985), provides: 849.14 Unlawful to bet on result of trial or contest . . .
. . . conduct prohibited as a felony in section 849.25 and the conduct prohibited as a misdemeanor in section 849.14 . . .
. . . that it permits the prosecution as a felony of the same conduct treated as a misdemeanor by section 849.14 . . . proscribed by that section, a felony, was indistinguishable from the conduct proscribed by section 849.14 . . . been amended by the 1987 legislature to include more elements and to clearly separate it from section 849.14 . . . Section 849.14 provides: 849.14. . . .
. . . He says that because there is a misdemeanor statute, Section 849.14, proscribing the same conduct that . . .
. . . that it permits the prosecution as a felony of the same conduct treated as a misdemeanor by section 849.14 . . .
. . . Florida Statute § 849.14 provides: Whoever stakes, bets or wagers any money or other thing of value upon . . . Section 849.14, on the other hand, prohibits both one who “bets” or “wagers” and one who “receives in . . . without prejudice to the State Attorney to filing a misdemeanor information alleging violation^) of § 849.14 . . .
. . . private bet or wager, either by offering to bet, or by accepting a bet may be guilty of violating section 849.14 . . .
. . . The trial court noted the similarity between sections 849.25(1) and 849.14, Florida Statutes (1979), . . . failure to specifically allege the acts which charged more than simple gambling as prohibited by section 849.14 . . . Section 849.14 provides: Whoever stakes, bets or wagers any money or other thing of value upon the result . . .
. . . Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25, relating to gambling. 24. . . .
. . . (See for example Section 849.14) Further, if the State’s interpretation is accepted, the first part of . . .
. . . conviction for the act of gambling is a second-degree misdemeanor under sections 849.08, 849.11 and 849.14 . . . If a single act of gambling were to be punishable under section 849.01, sections 849.08, 849.11 and 849.14 . . .
. . . which it is conducted”, the indictment charged that the appellants’ gambling was in violation of § 849.14 . . . Fla.Stat.Ann., § 849.14 provides: “Whoever stakes, bets or wagers any money or other thing of value upon . . .
. . . Statutes, is indirectly alleging that the questioned word puzzle contests are in violation of Section 849.14 . . . result of any trial or contest of skill, speed, power, or endurance of man or beast condemned by Section 849.14 . . .
. . . .-08 and 849.14 are contained, is styled “Gambling” and treats, inter alia, lottery, keeping of gambling . . .
. . . subsections (e), (f), (g), (h), (i), (j), and (k) of Florida Statutes § 849.09(1), F.S.A., Florida Statutes § 849.14 . . .
. . . . § 1084) and of Florida (Florida Statutes 849.11 and 849.14, F.S.A.). . . .
. . . . § 616.09 Section 849.14 of the Florida Statutes, F.S.A., provides as follows: “Unlawful to bet on result . . . 616.091 of the Florida Statutes, F.S.A., are participating in the prohibited transactions specified in 849.14 . . . found and adjudged that Section 616.091 did not amend repeal or modify any of the provisions of Section 849.14 . . . notwithstanding the provisions of the gambling laws of the State (e. g., Sections 849.01, 849.09 and 849.14 . . . Section 849.14, Fla.Stat., F.S.A., states as follows: “849.14 UNLAWFUL TO BET ON RESULT OF TRIAL OR CONTEST . . . Legislature to remove certain games involving the skill of the player from the condemnation of Section 849.14 . . .
. . . The exception is § 849.14 which declares it unlawful to bet on the result of a trial or contest of skill . . . enumerated ones of skill or chance and (2) if the former, are they nevertheless prohibited by F.S.A. § 849.14 . . . We turn next to F.S.A. § 849.14 which prohibits betting on the result of a trial or contest of skill. . . . But the more logical interpretation is that the legislature intended by enacting F.S.A. § 849.14 to proscribe . . .
. . . officials, notwithstanding the provisions of the gambling laws of the state (e.g., §§849.01, 849.09 and 849.14 . . . of the game only if he achieves the required result, such a game constitutes gambling as defined in §849.14 . . . This court is of the opinion that §849.14 applies to such so-called “games of skill” whether the parties . . . the legislature to remove certain games involving the skill of the player from the condemnation of §849.14 . . .
. . . See Sections 849.01, 849.05, 849.14-849.16, 901. 19, Fla.Stat.1941, F.S.A.; Kirk v. . . .
. . . See Sections 849.01, 849.05, 849.14-849.16, 901.19, Fla. Stat. 1941, F.S.A.; Kirk v. . . .