Florida Statute 849.31 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

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F.S. 849.31

849.31 Loser’s testimony not to be used against her or him.—In the event that suit is brought under the authorization of ss. 849.26-849.34 by someone other than the loser of the money or thing of value involved in the suit, such loser shall not be excused from being required to attend and testify or produce any book, paper or other document or evidence in such suit, upon the ground or for the reason that the testimony or evidence required of the loser may tend to convict her or him of a crime or to subject her or him to a penalty or forfeiture, but the loser shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which she or he may so be required to testify or produce evidence, and no testimony so given or produced shall be received against the loser upon any criminal investigation or prosecution. If the loser of money or thing of value involved in a suit brought under authorization of ss. 849.26-849.34, whether by her or him or by someone else, voluntarily attends or produces evidence in such suit, the loser shall not be prosecuted or subjected to any penalty for or on account of any transaction, matter or thing concerning which she or he may so testify or produce evidence, and no testimony so given or produced shall be received against her or him upon any criminal investigation or prosecution. Also, neither the fact of the bringing of suit under this act by a loser nor any statement or admission in her or his pleadings which is material and relevant to the subject matter of the suit shall be received against the loser upon any criminal investigation or proceeding.

History.—s. 6, ch. 26543, 1951; s. 1375, ch. 97-102.

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Amendments to 849.31

Arrestable Offenses / Crimes under Fla. Stat. 849.31

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 849.31.

Annotations, Discussions, Cases:

Cases Citing Statute 849.31

Total Results: 7

James Barry Wright v. City of Miami Gardens, etc.

Court: Fla. | Date Filed: 2016-09-15T00:00:00-07:00

Citation: 200 So. 3d 765, 41 Fla. L. Weekly Supp. 387, 2016 Fla. LEXIS 2044

Snippet: 1974), Bullock v. Carter, 405 U.S. 134, 92 S.Ct. 849, 31 L.Ed.2d 92 (1972), Pasco v. Heggen, [314 So.2d

Cobb v. Thurman

Court: Fla. Dist. Ct. App. | Date Filed: 2006-10-27T00:53:00-07:00

Citation: 957 So. 2d 638

Snippet: Bullock v. Carter, 405 U.S. 134, 145, 92 S.Ct. 849, 31 L.Ed.2d 92 (1972). [4] Appellee also relies on

In Re Estate of Greenberg

Court: Fla. | Date Filed: 1980-10-29T23:53:00-08:00

Citation: 390 So. 2d 40

Snippet: 1972), Bullock v. Carter, 405 U.S. 134, 92 S.Ct. 849, 31 L.Ed.2d 92 (1972); the right of interstate travel

Treiman v. Malmquist

Court: Fla. | Date Filed: 1977-02-16T23:53:00-08:00

Citation: 342 So. 2d 972

Snippet: 1974), Bullock v. Carter, 405 U.S. 134, 92 S.Ct. 849, 31 L.Ed.2d 92 (1972), Pasco v. Heggen, supra; nor

Sadowski v. Shevin

Court: Fla. Dist. Ct. App. | Date Filed: 1976-06-24T00:53:00-07:00

Citation: 351 So. 2d 44

Snippet: Cf. Bullock v. Carter, 405 U.S. 134, 92 S.Ct. 849, 31 L.Ed.2d 92 (1972); Rosario v. Rockefeller, 410

Pasco v. Heggen

Court: Fla. | Date Filed: 1975-03-19T00:53:00-07:00

Citation: 314 So. 2d 1

Snippet: Bullock v. Carter, 405 U.S. 134, 145, 92 S.Ct. 849, 31 L.Ed.2d 92 (1972), the United States Supreme Court

Danciu v. Glisson

Court: Fla. | Date Filed: 1974-10-22T00:53:00-07:00

Citation: 302 So. 2d 131

Snippet: 1971); Bullock v. Carter, 405 U.S. 134, 92 S.Ct. 849, 31 L.Ed.2d 92 (1972). Appellant further argues unconstitutionality