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Florida Statute 849.25 - Full Text and Legal Analysis
Florida Statute 849.25 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 849.25 Case Law from Google Scholar Google Search for Amendments to 849.25

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
F.S. 849.25
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.

F.S. 849.25 on Google Scholar

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Amendments to 849.25


Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 849.25
Level: Degree
Misdemeanor/Felony: First/Second/Third

S849.25 2 - BOOKMAKING - 1ST OFF - F: T
S849.25 3 - BOOKMAKING - SUBSQ OFF - F: S
S849.25 4 - BOOKMAKING - CONSPIRACY TO COMMIT SUBSQ OFF - F: S
S849.25 4 - BOOKMAKING - CONSPIRACY TO COMMIT 1ST OFF - F: T

Cases Citing Statute 849.25

Total Results: 36

In Re Stan. Jury Instr. in Criminal Cases

543 So. 2d 1205, 1989 WL 34342

Supreme Court of Florida | Filed: Mar 30, 1989 | Docket: 1729777

Cited 112 times | Published

216 provides an instruction on bookmaking. Section 849.25, Florida Statutes, was amended by Chapter 87-243

United States v. Lanza

341 F. Supp. 405, 1972 U.S. Dist. LEXIS 14400

District Court, M.D. Florida | Filed: Mar 30, 1972 | Docket: 1618129

Cited 43 times | Published

Florida Statutes § 849.14; and Florida Statutes § 849.25 all carry maximum sentences of less than one year

Shaktman v. State

553 So. 2d 148, 1989 WL 120852

Supreme Court of Florida | Filed: Oct 12, 1989 | Docket: 1675568

Cited 36 times | Published

(1988). [4] § 895.03, Fla. Stat. (1983). [5] § 849.25, Fla. Stat. (1983). [6] Shaktman v. State, 433

King v. State

104 So. 2d 730

Supreme Court of Florida | Filed: Jun 4, 1958 | Docket: 1312887

Cited 35 times | Published

commit the offenses denounced by § 849.01 and § 849.25. Where the information in a criminal case identifies

Shaktman v. State

529 So. 2d 711, 1988 WL 26257

District Court of Appeal of Florida | Filed: May 17, 1988 | Docket: 2515793

Cited 11 times | Published

bookmaking; and bookmaking in violation of section 849.25, Florida Statutes (1983). The charges were

State v. Barnett

366 So. 2d 411

Supreme Court of Florida | Filed: Dec 21, 1978 | Docket: 1655518

Cited 9 times | Published

informations in this case on the ground that Section 849.25(3), Florida Statutes (1975), is unconstitutionally

State v. Barnett

344 So. 2d 863

District Court of Appeal of Florida | Filed: Feb 18, 1977 | Docket: 1535138

Cited 9 times | Published

with three (3) or more persons, contrary to Section 849.25(3), Florida Statutes, in such case made and

State v. Cogswell

521 So. 2d 1081, 1988 WL 20971

Supreme Court of Florida | Filed: Mar 10, 1988 | Docket: 1347915

Cited 7 times | Published

1987), in which the district court held that section 849.25, Florida Statutes (1985), dealing with bookmaking

Carp v. Florida Real Estate Commission

211 So. 2d 240

District Court of Appeal of Florida | Filed: Jun 4, 1968 | Docket: 1475378

Cited 6 times | Published

convicted of "bookmaking" in violation of Fla. Stat. § 849.25, F.S.A., which provides: * * * * * * (1) As used

Zuppardi v. State

367 So. 2d 601

Supreme Court of Florida | Filed: Oct 26, 1978 | Docket: 1330153

Cited 3 times | Published

constitutionality of Florida's "bookmaking" statute, Section 849.25(1), Florida Statutes (1975), on the ground

Vickery v. State

539 So. 2d 499, 1989 WL 12440

District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 1511011

Cited 2 times | Published

1988), in which the defendant contended that section 849.25[4] (bookmaking) was unconstitutional as violative

State v. Cogswell

504 So. 2d 464, 12 Fla. L. Weekly 750

District Court of Appeal of Florida | Filed: Mar 11, 1987 | Docket: 2573842

Cited 2 times | Published

note our agreement with the trial court that section 849.25, Florida Statutes (1985) is constitutionally

State v. DiGuillio

413 So. 2d 478

District Court of Appeal of Florida | Filed: May 5, 1982 | Docket: 1344641

Cited 2 times | Published

defendants with bookmaking, a felony proscribed by section 849.25, Florida Statutes (1979). The state filed an

Santoro v. State

959 So. 2d 1235, 2007 Fla. App. LEXIS 9583, 2007 WL 1790757

District Court of Appeal of Florida | Filed: Jun 22, 2007 | Docket: 64851478

Published

unknown, or contingent event whatsoever. See § 849.25(l)(a), Fla. Stat. (2001). The bookmaking statute

State v. Rokos

570 So. 2d 1154, 1990 Fla. App. LEXIS 9680, 1990 WL 205499

District Court of Appeal of Florida | Filed: Dec 19, 1990 | Docket: 64654866

Published

remand for further proceedings in accord with section 849.25(2), Florida Statutes (1985). See Charatz v

Charatz v. State

555 So. 2d 1303, 1990 Fla. App. LEXIS 441, 1990 WL 4101

District Court of Appeal of Florida | Filed: Jan 24, 1990 | Docket: 64647722

Published

under which appellant was originally charged, section 849.-25(2), prohibits the withholding of adjudication

State v. Marechal

532 So. 2d 730, 13 Fla. L. Weekly 2236, 1988 Fla. App. LEXIS 4281, 1988 WL 98574

District Court of Appeal of Florida | Filed: Sep 27, 1988 | Docket: 64637899

Published

filed answer briefs. There it was held that section 849.-25, Florida Statutes (1985), which gives a prosecutor

Hueso v. State

522 So. 2d 1065, 1988 Fla. App. LEXIS 1410, 1988 WL 31678

District Court of Appeal of Florida | Filed: Apr 12, 1988 | Docket: 64633896

Published

State v. Cogswell, 521 So.2d 1081, (Fla.1988) (section 849.25, Florida Statutes (1985), the bookmaking statute

State v. Bonsignore

522 So. 2d 420, 13 Fla. L. Weekly 525, 1988 Fla. App. LEXIS 616, 1988 WL 13057

District Court of Appeal of Florida | Filed: Feb 25, 1988 | Docket: 64633653

Published

charged under the felony bookmaking statute, Section 849.25(1), which forbids the “taking or receiving

State v. Gatto

516 So. 2d 289, 12 Fla. L. Weekly 2688, 1987 Fla. App. LEXIS 11163, 1987 WL 1761

District Court of Appeal of Florida | Filed: Nov 25, 1987 | Docket: 64631346

Published

appellant on the basis that the bookmaking statute, section 849.25, Florida Statutes (1985), was unconstitutional

State v. Lillo

506 So. 2d 94, 12 Fla. L. Weekly 1146, 1987 Fla. App. LEXIS 7945

District Court of Appeal of Florida | Filed: May 1, 1987 | Docket: 64626726

Published

with two counts of bookmaking, in violation of section 849.25, Florida Statutes (1985). He pleaded nolo contendere

Caggiano v. State

505 So. 2d 482, 12 Fla. L. Weekly 772, 1987 Fla. App. LEXIS 7213

District Court of Appeal of Florida | Filed: Mar 13, 1987 | Docket: 64626398

Published

RICO conviction were bookmaking, violations of section 849.25. Under the analysis set forth in Rotenberry

Charlotte County Lodge v. State, Department of Business Regulations, Division of Alcoholic Beverages & Tobacco

463 So. 2d 1208, 10 Fla. L. Weekly 370, 1985 Fla. App. LEXIS 12342

District Court of Appeal of Florida | Filed: Feb 7, 1985 | Docket: 64610035

Published

the lodge so as to make out a violation of Section 849.25(1), Florida Statutes (1981). For similar reasons

State v. White

443 So. 2d 469, 1984 Fla. App. LEXIS 11313

District Court of Appeal of Florida | Filed: Jan 11, 1984 | Docket: 64602023

Published

four counts of bookmaking in violation of section 849.-25(1), Florida Statutes (1981). Appellee was charged

State v. Shirah

427 So. 2d 371, 1983 Fla. App. LEXIS 18741

District Court of Appeal of Florida | Filed: Mar 4, 1983 | Docket: 64595309

Published

judgment holding that the “bookmaking” statute, section 849.25, Florida Statutes (1981), is unconstitutional

State v. Bryce

422 So. 2d 1069, 1982 Fla. App. LEXIS 21846

District Court of Appeal of Florida | Filed: Dec 3, 1982 | Docket: 64593775

Published

arguing that the lower court erred in finding section 849.25, Florida Statutes (1981), to be unconstitutional

State v. Tate

420 So. 2d 116

District Court of Appeal of Florida | Filed: Oct 8, 1982 | Docket: 1306654

Published

judgment holding that the "bookmaking" statute, section 849.25, Florida Statutes (1981), is unconstitutional

Leonetti v. State

418 So. 2d 1192, 1982 Fla. App. LEXIS 21052

District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 64591940

Published

information basically tracked the statute. Section 849.25(2), Florida Statutes (1981) provides, “Any

State v. Zardon

406 So. 2d 61, 1981 Fla. App. LEXIS 21675

District Court of Appeal of Florida | Filed: Nov 17, 1981 | Docket: 64586213

Published

with 14 counts of bookmaking in violation of Section 849-25(1), (2), Florida Statutes (1979). The statute

State v. Morse

399 So. 2d 470, 1981 Fla. App. LEXIS 20005

District Court of Appeal of Florida | Filed: Jun 3, 1981 | Docket: 64583038

Published

under chapter 849, Florida Statutes (1979), section 849.25(5) excepts pari-mutuel wagering in Florida

Aiello v. State

390 So. 2d 1205, 1980 Fla. App. LEXIS 17591

District Court of Appeal of Florida | Filed: Nov 12, 1980 | Docket: 64579101

Published

engaging in common bookmaking schemes contrary to Section 849.25(3), Florida Statutes (1975). We affirm in part

Vinales v. State

374 So. 2d 570, 1979 Fla. App. LEXIS 15702

District Court of Appeal of Florida | Filed: Aug 7, 1979 | Docket: 64571680

Published

judgments and sentences appealed. Affirmed. . Section 849.25, Florida Statutes (1977). . Office of the

State v. Church

353 So. 2d 219, 1977 Fla. App. LEXIS 17023

District Court of Appeal of Florida | Filed: Dec 28, 1977 | Docket: 64561912

Published

bets or wagers in one day, in violation of Section 849.25(3), Florida Statutes (1975).1 The appellees

Mart v. State

350 So. 2d 1123, 1977 Fla. App. LEXIS 16830

District Court of Appeal of Florida | Filed: Oct 18, 1977 | Docket: 64560714

Published

three counts of bookmaking in violation of Section 849.25, Florida Statutes (1975), before the Circuit

Rodriguez v. State

284 So. 2d 1, 1973 Fla. App. LEXIS 6447

District Court of Appeal of Florida | Filed: Oct 3, 1973 | Docket: 64534922

Published

contrary to Florida Statute 849.09 and Florida Statute 849.25 with Roland Rodriguez in the capacity of

State v. Schell

211 So. 2d 581, 1968 Fla. App. LEXIS 5465

District Court of Appeal of Florida | Filed: Jun 14, 1968 | Docket: 64505781

Published

Pinellas County on the charge of bookmaking under Fla.Stat. 849.25(2), F.S.A. The bookmaking charge to which