Florida Statutes

Fla. Stat. § 849.25 (2025)

“Bookmaking” defined; penalties; exceptions.

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849.25 “Bookmaking” defined; penalties; exceptions.—

(1)(a) The term “bookmaking” means the act of taking or receiving, while engaged in the business or profession of gambling, any bet or wager upon the result of any trial or contest of skill, speed, power, or endurance of human, beast, fowl, motor vehicle, or mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent event whatsoever.

(b) The following factors shall be considered in making a determination that a person has engaged in the offense of bookmaking:

1. Taking advantage of betting odds created to produce a profit for the bookmaker or charging a percentage on accepted wagers.

2. Placing all or part of accepted wagers with other bookmakers to reduce the chance of financial loss.

3. Taking or receiving more than five wagers in any single day.

4. Taking or receiving wagers totaling more than $500 in any single day, or more than $1,500 in any single week.

5. Engaging in a common scheme with two or more persons to take or receive wagers.

6. Taking or receiving wagers on both sides on a contest at the identical point spread.

7. Any other factor relevant to establishing that the operating procedures of such person are commercial in nature.

(c) The existence of any two factors listed in paragraph (b) may constitute prima facie evidence of a commercial bookmaking operation.

(2) Any person who engages in bookmaking shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the provisions of s. 948.01, any person convicted under the provisions of this subsection shall not have adjudication of guilt suspended, deferred, or withheld.

(3) Any person who has been convicted of bookmaking and thereafter violates the provisions of this section shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the provisions of s. 948.01, any person convicted under the provisions of this subsection shall not have adjudication of guilt suspended, deferred, or withheld.

(4) Notwithstanding the provisions of s. 777.04, any person who is guilty of conspiracy to commit bookmaking shall be subject to the penalties imposed by subsections (2) and (3).

(5) This section shall not apply to pari-mutuel wagering in Florida as authorized under chapter 550.

(6) This section shall not apply to any prosecutions filed and pending at the time of the passage hereof, but all such cases shall be disposed of under existing laws at the time of the institution of such prosecutions.

History.—ss. 1-3, ch. 26847, 1951; s. 1073, ch. 71-136; s. 47, ch. 75-298; s. 1, ch. 78-36; s. 48, ch. 87-243; s. 64, ch. 92-348; s. 1374, ch. 97-102.

Arrestable Offenses under F.S. 849.25

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

§849.25(2)BOOKMAKINGENGAGE IN BOOKMAKING 1ST OFFENSEF · 3rd

§849.25(3)BOOKMAKINGENGAGE IN BOOKMAKING SUBSQ OFFENSEF · 2nd

§849.25(4)BOOKMAKINGCONSPIRACY TO COMMIT BOOKMAKING SUBSQ OFFENSEF · 2nd

§849.25(4)BOOKMAKINGCONSPIRACY TO COMMIT BOOKMAKING 1ST OFFENSEF · 3rd

Notes of Decisions

Cited in 42 cases, 1952–2014 · leading case: Shaktman v. State, 529 So. 2d 711 (Fla. 3d DCA 1988).

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Shaktman v. State, 529 So. 2d 711 (Fla. 3d DCA 1988). · cites it 17× “03(3), Florida Statutes (1983); conspiracy to commit bookmaking; and bookmaking in violation of section 849.25, Florida Statutes (1983). The charges were the culmination of simultaneous investigations by the Miami Beach Police Department [Miami Beach] and the Metro-Dade Police…”

State v. Cogswell, 521 So. 2d 1081 (Fla. 1988). · cites it 10× “4th DCA 1987), in which the district court held that section 849.25, Florida Statutes (1985), dealing with bookmaking, "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…”

State v. Barnett, 366 So. 2d 411 (Fla. 1978). · cites it 10× “The term "bookmaking" as used in the statute is defined in Section 849.25(1), Florida Statutes (1975), which reads: (1) As used in this section, the term "bookmaking" shall be deemed to be the taking or receiving of any bet or wager upon the result of any trial or contest of…”

In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989). · cites it 5× “Section 849.25, Florida Statutes, was amended by Chapter 87-243, Section 48, Laws of Florida.”

State v. Barnett, 344 So. 2d 863 (Fla. 2d DCA 1977). · cites it 4× “Section 849.25, Florida Statutes (1975) reads in part: "849.”

Shaktman v. State, 553 So. 2d 148 (Fla. 1989). · cites it 2× “[5] § 849.25, Fla. Stat. (1983). [6] Shaktman v.”

King v. State, 104 So. 2d 730 (Fla. 1958). · cites it 3× “01 and § 849.25. Where the information in a criminal case identifies with particularity the exact section of the statute upon which the charge is based, no other statute can be substituted for the one actually selected as forming the subject matter of the prosecution.”

Aiello v. State, 390 So. 2d 1205 (Fla. 4th DCA 1980). · cites it 7× “Defendant, Joseph Aiello, appeals his convictions and sentences imposed after three verdicts of guilty of engaging in common bookmaking schemes contrary to Section 849.25(3), Florida Statutes (1975).”

Zuppardi v. State, 367 So. 2d 601 (Fla. 1978). · cites it 4× “Appellants in this proceeding challenge the constitutionality of Florida's "bookmaking" statute, Section 849.25(1), Florida Statutes (1975), on the ground that it violates due process because of vagueness and overbreadth.”

State v. DiGuillio, 413 So. 2d 478 (Fla. 2d DCA 1982). · cites it 5× “The state challenges the trial court's dismissal of informations charging the defendants with bookmaking, a felony proscribed by section 849.25, Florida Statutes (1979). The state filed an information against each of the defendants, and in a series of counts charged that each…”

United States v. Lanza, 341 F. Supp. 405 (M.D. Fla. 1972). “14; and Florida Statutes § 849.25 all carry maximum sentences of less than one year.”

State v. Tate, 420 So. 2d 116 (Fla. 2d DCA 1982). · cites it 7× “This is an appeal from a judgment holding that the "bookmaking" statute, section 849.25, Florida Statutes (1981), is unconstitutional.”

Show all 42 citing cases →

— 849.25(1) — 10 cases

Zuppardi v. State, 367 So. 2d 601 (Fla. 1978). “Appellants in this proceeding challenge the constitutionality of Florida's "bookmaking" statute, Section 849.25(1), Florida Statutes (1975), on the ground that it violates due process because of vagueness and overbreadth.”

State v. Barnett, 366 So. 2d 411 (Fla. 1978). “The term "bookmaking" as used in the statute is defined in Section 849.25(1), Florida Statutes (1975), which reads: (1) As used in this section, the term "bookmaking" shall be deemed to be the taking or receiving of any bet or wager upon the result of any trial or contest of…”

In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989). “Section 849.25, Florida Statutes, was amended by Chapter 87-243, Section 48, Laws of Florida.”

State v. Cogswell, 521 So. 2d 1081 (Fla. 1988). “4th DCA 1987), in which the district court held that section 849.25, Florida Statutes (1985), dealing with bookmaking, "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…”

State v. DiGuillio, 413 So. 2d 478 (Fla. 2d DCA 1982). “The state challenges the trial court's dismissal of informations charging the defendants with bookmaking, a felony proscribed by section 849.25, Florida Statutes (1979). The state filed an information against each of the defendants, and in a series of counts charged that each…”

— 849.25(1)(b) — 1 case

In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989). “Section 849.25, Florida Statutes, was amended by Chapter 87-243, Section 48, Laws of Florida.”

— 849.25(1)(c) — 1 case

In Re Stan. Jury Instr. in Crim. Cases, 543 So. 2d 1205 (Fla. 1989). “Section 849.25, Florida Statutes, was amended by Chapter 87-243, Section 48, Laws of Florida.”

— 849.25(2) — 5 cases

State v. Lillo, 506 So. 2d 94 (Fla. 2d DCA 1987).

State v. Schell, 211 So. 2d 581 (Fla. 2d DCA 1968).

Leonetti v. State, 418 So. 2d 1192 (Fla. 5th DCA 1982).

State v. Rokos, 570 So. 2d 1154 (Fla. 4th DCA 1990).

State v. Cogswell, 17 Fla. Supp. 2d 40 (Fla. Cir. Ct. 1986).

— 849.25(3) — 4 cases

Aiello v. State, 390 So. 2d 1205 (Fla. 4th DCA 1980). “Defendant, Joseph Aiello, appeals his convictions and sentences imposed after three verdicts of guilty of engaging in common bookmaking schemes contrary to Section 849.25(3), Florida Statutes (1975).”

State v. Barnett, 344 So. 2d 863 (Fla. 2d DCA 1977). “Section 849.25, Florida Statutes (1975) reads in part: "849.”

State v. Church, 353 So. 2d 219 (Fla. 2d DCA 1977).

— 849.25(5) — 1 case

State v. Morse, 399 So. 2d 470 (Fla. 2d DCA 1981).

— 849.25(l)(a) — 2 cases

Santoro v. State, 959 So. 2d 1235 (Fla. 2d DCA 2007).

Dep't of Bus. Reg. v. Phelps, 34 Fla. Supp. 2d 214 (Fla. Div. Admin. Hr'g 1988).

— 849.25(l)(b) — 1 case

Santoro v. State, 959 So. 2d 1235 (Fla. 2d DCA 2007).

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