Florida Statutes
Fla. Stat. § 849.26 (2025)
Gambling contracts declared void; exception.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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849.26 Gambling contracts declared void; exception.—All promises, agreements, notes, bills, bonds or other contracts, mortgages or other securities, when the whole or part of the consideration if for money or other valuable thing won or lost, laid, staked, betted or wagered in any gambling transaction whatsoever, regardless of its name or nature, whether heretofore prohibited or not, or for the repayment of money lent or advanced at the time of a gambling transaction for the purpose of being laid, betted, staked or wagered, are void and of no effect; provided, that this act shall not apply to wagering on pari-mutuels or any gambling transaction expressly authorized by law.
History.—s. 1, ch. 26543, 1951.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1960–2024 · leading case: Wallisville Corp., Inc. v. Chris McGuinness, Dodie's Reef, Inc., 154 So. 3d 501 (Fla. 4th DCA 2015).
Wallisville Corp., Inc. v. Chris McGuinness, Dodie's Reef, Inc., 154 So. 3d 501 (Fla. 4th DCA 2015). “§ 849.26, Fla. Stat. (2013) (numbering added).”
Carnival Leisure Indus. Ltd. v. Arviv, 655 So. 2d 177 (Fla. 3d DCA 1995). “See § 849.26, Fla. Stat. (1993); Blosser v. AADCO Enterprises, Inc.”
Carnival Leisure Indus. v. Holzman, 660 So. 2d 410 (Fla. 4th DCA 1995). “105(1), Florida Statutes (1993). Basically, Holzman argued that because foreign gambling debts have consistently been held to violate both the state's public policy and section 849.”
Froug v. Carnival Leisure Indus. Ltd., 627 So. 2d 538 (Fla. 3d DCA 1993). “26, "Florida courts have consistently held that gambling obligations, even if valid in the state in which they were undertaken, are unenforceable in Florida as contrary to law and public policy.”
Desert Palace, Inc. v. Hionas (In Re Hionas), 361 B.R. 269 (Bankr. S.D. Florida 2006). “There is no question that were this Court a Florida court, or even a court with only diversity jurisdiction over this matter, Florida law would apply and this Court could not enforce this debt.”
M & R Investments, Co. Inc. v. Hacker, 511 So. 2d 1099 (Fla. 5th DCA 1987). “Citing section 849.26, Florida Statutes (1985) which makes void any agreement for the repayment of money advanced for the purpose of betting on gambling (except for any gambling transaction expressly authorized by law), the trial court held that Florida courts may not be…”
Schrenger v. Caesars Indiana, 825 N.E.2d 879 (Ind. Ct. App. 2005). “See Fla. Stat. Ann. § 849.26 (2005); 720 IIl.”
Barquin v. Flores, 459 So. 2d 436 (Fla. 3d DCA 1984). “3d DCA 1960); § 849.26, Fla. Stat. (1977). Thus, we find no error in the trial court's dismissal of Barquin's complaint, even though the gambling proceeds he sought to recover derived from a Puerto Rican lottery ticket lawfully purchased by a Puerto Rican resident in Puerto Rico.”
MGM Grand Hotel, Inc. v. Siegel, 506 So. 2d 451 (Fla. 3d DCA 1987). “On the assumption, however, that this conclusion may be disregarded because of the answer to question 4 and that the breach of contract theory is therefore the only cognizable basis for the judgment, it claims that the agreement sued upon was void as a gambling contract rendered…”
Dorado Beach Hotel Corp. v. Jernigan, 202 So. 2d 830 (Fla. 1st DCA 1967). “The trial judge entered summary final judgment for defendant on the grounds that the debt was uncollectable *831 by virtue of Section 849.26, Florida Statutes, F.S.A. We are in accord with the pronouncement in Young v.”
Young v. Sands, Inc., 122 So. 2d 618 (Fla. 3d DCA 1960). “The affirmative defense is based on § 849.26, Fla. Stat., F.S.A., which provides as follows: " Gambling contracts declared void; exception All promises, agreements, notes, bills, bonds or other contracts, mortgages or other securities, when the whole or part of the consideration…”
Tabas v. Lehman (In re Capitol Investments, Inc.), 473 B.R. 838 (Bankr. S.D. Florida 2012). “Fla. Stat. § 849.26 states that: All promises, agreements, notes, bills, bonds or other contracts, mortgages or other securities, when the whole or part of the consideration if for money or other valuable thing won or lost, laid, staked, betted or wagered in any gambling…”
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