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Florida Statute 849.20 | Lawyer Caselaw & Research
F.S. 849.20 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 849.20

The 2023 Florida Statutes

Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
F.S. 849.20
849.20 Machines and devices declared nuisance; place of operation subject to lien for fine.—Any room, house, building, boat, vehicle, structure or place wherein any machine or device, or any part thereof, the possession, operation or use of which is prohibited by ss. 849.15-849.23, shall be maintained or operated, and each of such machines or devices, is declared to be a common nuisance. If a person has knowledge, or reason to believe, that his or her room, house, building, boat, vehicle, structure or place is occupied or used in violation of the provisions of ss. 849.15-849.23 and by acquiescence or consent suffers the same to be used, such room, house, building, boat, vehicle, structure or place shall be subject to a lien for and may be sold to pay all fines or costs assessed against the person guilty of such nuisance, for such violation, and the several state attorneys shall enforce such lien in the courts of this state having jurisdiction.
History.—s. 7, ch. 18143, 1937; CGL 1940 Supp. 4151(405-f); s. 7, ch. 22858, 1945; s. 1371, ch. 97-102.

F.S. 849.20 on Google Scholar

F.S. 849.20 on Casetext

Amendments to 849.20


Arrestable Offenses / Crimes under Fla. Stat. 849.20
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 849.20.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. U.S. v. Seminole Tribe of Florida

    45 F. Supp. 2d 1330 (M.D. Fla. 1999)   Cited 3 times
    However, 18 U.S.C. § 1166 provides that " all state laws pertaining to the licensing, regulation, or prohibition of gambling, including but not limited to criminal sanctions applicable thereto, shall apply in Indian country in the same manner and to the same extent as such laws apply elsewhere in the State." Further, Section 849.20, Florida Statutes, declares the facility where "the possession, operation or use of any machine or device, the possession, operation or use of which is prohibited by §§ 849.15-23, shall be maintained or operated, and each of such machines or devices, is declared to be a common nuisance." Section 849.21, Fla.Stat., specifically provides that injunctive relief is applicable for the acts described in § 849.20. The fact that acts may also constitute a criminal violation will not undermine the court's authority to grant an injunction on a separate basis. Airlines Reporting Corp. v. Barry, 825 F.2d 1220, 1223 (8th Cir. 1987); Wyandotte Transp. Co. v. United States, 389 U.S. 191, 201-202, 88 S.Ct. 379, 19 L.Ed.2d 407 (1967) (criminal penalties do not preclude an injunction when injunctive relief is more effective).
    PAGE 1331

    Cases from cite.case.law:

    In R. WELLS,, 463 B.R. 320 (Bankr. E.D. Pa. 2011)

    . . . the writ of execution; (2) $300.00 for a title report update; (3) $19.69 for mailing expenses; (4) $849.20 . . .

    FLORIDA, v. SEMINOLE TRIBE OF FLORIDA, E., 181 F.3d 1237 (11th Cir. 1999)

    . . . Stat. ch. 849.20-21 (1997); cf infra note 13 (discussing whether section 1 166(a) incorporates Florida . . . Stat. ch. 849.20-21 (1997). . . .

    FLORIDA, v. SEMINOLE TRIBE OF FLORIDA, E., 181 F.3d 1237 (11th Cir. 1999)

    . . . Stat. ch. 849.20-21 (1997); of infra note 13 (discussing whether section 1166(a) incorporates Florida . . . Stát. ch. 849.20-21 (1997). . . .

    UNITED STATES v. SEMINOLE TRIBE OF FLORIDA,, 45 F. Supp. 2d 1330 (M.D. Fla. 1999)

    . . . Further, Section 849.20, Florida Statutes, declares the facility where “the possession, operation or . . . , Fla.Stat., specifically provides that injunctive relief is applicable for the acts described in § 849.20 . . .

    In A. HOLLINGSHEAD, L., 217 B.R. 1000 (Bankr. S.D. Ohio 1997)

    . . . Medical Clinic, Inc. also apparently holds a judgment lien against the residence in the amount of $849.20 . . .

    In SUNRISE CONSTRUCTION COMPANY, INC. a STATE OF WYOMING, v. SUNRISE CONSTRUCTION COMPANY,, 39 B.R. 668 (D. Wyo. 1984)

    . . . Court entered August 9, 1983 be, and the same is, hereby reversed; it is FURTHER ORDERED that the $16,-849.20 . . .

    S. ELLIOTT v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY,, 388 F.2d 362 (5th Cir. 1968)

    . . . motion for summary judgment and granted the defendant’s motion, - except for ordering the return of $849.20 . . .

    S. ELLIOTT v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a, 279 F. Supp. 903 (N.D. Ala. 1967)

    . . . Defendant in defense sets up the aviation exclusion provisions of the policy and has tendered into Court $849.20 . . . word ‘resulting.’ ” Defendant’s motion for summary judgment will be granted, except as to the sum of $849.20 . . . Plaintiffs' motion will be denied, except as to said sum of $849.20, and will be granted as to said sum . . .