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Florida Statute 849.01 | Lawyer Caselaw & Research
F.S. 849.01 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
F.S. 849.01
849.01 Keeping gambling houses, etc.Whoever by herself or himself, her or his servant, clerk or agent, or in any other manner has, keeps, exercises or maintains a gaming table or room, or gaming implements or apparatus, or house, booth, tent, shelter or other place for the purpose of gaming or gambling or in any place of which she or he may directly or indirectly have charge, control or management, either exclusively or with others, procures, suffers or permits any person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.s. 1, ch. 3764, 1887; RS 2644; GS 3572; RGS 5499; CGL 7657; s. 1059, ch. 71-136; s. 1355, ch. 97-102; s. 43, ch. 2019-167.

F.S. 849.01 on Google Scholar

F.S. 849.01 on Casetext

Amendments to 849.01


Arrestable Offenses / Crimes under Fla. Stat. 849.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

S849.01 - ESTABLISH GAMBLING PLACE - RENUMBERED. SEE REC # 8781 - F: T
S849.01 - ESTABLISH GAMBLING PLACE - KEEP GAMBLING HOUSE - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. BIVINS,, 560 F. App'x 899 (11th Cir. 2014)

. . . . § 849.01. . . .

CYBER ZONE E- CAFE, INC. a M. v. KING, Ed, 782 F. Supp. 2d 1331 (M.D. Fla. 2011)

. . . . §§ 849.01 and 849.02; possession of a coin operated device in violation of Fla. . . .

H. ROWE LLC, v. COUNTY OF DUVAL, a s, 975 So. 2d 526 (Fla. Dist. Ct. App. 2008)

. . . See §§ 849.01 and 849.15, Fla. Stat. (2005). . . . See §§ 849.01 and 849.15, Fla. Stat. (2006). . . .

BRADENTON GROUP, INC. v. STATE, 970 So. 2d 403 (Fla. Dist. Ct. App. 2007)

. . . holding that illegal bingo operations could be deemed “keeping a gambling house,” violating section 849.01 . . .

ASHLEY, v. STATE, 925 So. 2d 1117 (Fla. Dist. Ct. App. 2006)

. . . maintain” have been construed by an appellate court in the context of another criminal statute, section 849.01 . . .

DELORME, v. STATE, 895 So. 2d 1252 (Fla. Dist. Ct. App. 2005)

. . . amended infor-mations with (I) keeping a gambling house, a third degree felony in violation of section 849.01 . . . The Defendant was arrested and charged with keeping a gambling house in violation F.S. 849.01. 2. . . . entertainment of the general public and tourists as a bona fide amusement facility from the provisions of F.S. 849.01 . . . Appellants also alleged that section 849.01 and 849.15, Florida Statutes, were unconstitutionally vague . . . The court reversed, finding that sections 849.01, 849.15 and 849.161, Florida Statutes, were not impermissibly . . .

STATE v. CYPHERS, 873 So. 2d 471 (Fla. Dist. Ct. App. 2004)

. . . Cyphers and McKinney (Defendants) were charged with keeping a gambling house, contrary to section 849.01 . . . Because sections 849.01, 849.15, and 849.161, Florida Statutes (2003), are not impermissibly vague, we . . . Defendants do not argue that their conduct does not fall within the gambling prohibitions of sections 849.01 . . . is not protected by the section 849.161(l)(a)(l) exception to the gambling prohibitions of sections 849.01 . . . Accordingly, Defendants’ vagueness challenge to sections 849.01, 849.15, and 849.161 must fail. . . .

SHELL SEEKERS, INC. W. B. A W. B. B. v. GOVERNMENT OF THE VIRGIN ISLANDS,, 308 F. Supp. 2d 579 (D.V.I. 2004)

. . . $280,000.00 $2,118.29 $1,787.50 $ 330.79 2001 $321,081.00 $295,000.00 $2,095.61 $1,900.00 $ 195.61 Total:$ 849.01 . . .

EIGHT HUNDRED, INC. v. STATE, 781 So. 2d 1187 (Fla. Dist. Ct. App. 2001)

. . . 895.03(3) and (4), Florida Statutes (1995), which are designated as the Florida RICO laws, and sections 849.01 . . .

STATE v. POWELL, III,, 703 So. 2d 444 (Fla. 1997)

. . . Section 849.01(6) does not expressly mandate that the period of probation or community control must be . . .

STATE v. S. DE LA LLANA,, 693 So. 2d 1075 (Fla. Dist. Ct. App. 1997)

. . . maintain” have been construed by an appellate court in the context of another criminal statute, section 849.01 . . .

STATE v. POWELL, III,, 696 So. 2d 789 (Fla. Dist. Ct. App. 1997)

. . . Section 849.01(6) does not expressly mandate that the period of probation or community control must be . . .

PRENTICE, v. STATE, 651 So. 2d 825 (Fla. Dist. Ct. App. 1995)

. . . Nancy Prentice appeals her conviction of being an employee of a gambling house in violation of sections 849.01 . . .

STANDARD JURY INSTRUCTIONS- CRIMINAL CASES NO., 603 So. 2d 1175 (Fla. 1992)

. . . [Page A-65] MAINTAINING A GAMBLING ESTABLISHMENT (Amended) F.S. 849.01-A (849.02) Note to Judge F.S. . . . 849.01 covers both the maintaining of a gambling establishment and the permitting of gambling. . . . Therefore, the instructions for F.S. 849.01 may be given for charges under 849.02 by using appropriate . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . Bribery in athletic contests —838.12(2) None Attempt only if accept is charged Keeping gambling house— 849.01 . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO v. ROGERS d b a CIRCUIT BAR, 21 Fla. Supp. 2d 267 (Fla. Div. Admin. Hearings 1985)

. . . The evidence also proved that Respondent’s employee Warner violated Section 849.01, Florida Statutes . . .

SIMMONS J. L. d b a v. DEPARTMENT OF BUSINESS REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 465 So. 2d 578 (Fla. Dist. Ct. App. 1985)

. . . statutes, including sale of marijuana, (section 893.13(l)(a)2; Counts 16 and 17); gambling (sections 849.01 . . .

CHARLOTTE COUNTY LODGE, v. STATE DEPARTMENT OF BUSINESS REGULATIONS, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO,, 463 So. 2d 1208 (Fla. Dist. Ct. App. 1985)

. . . Finally, under count 8 of the show cause order relating to Section 849.01’s prohibition against “keeping . . .

HARVEY, v. STATE, 448 So. 2d 578 (Fla. Dist. Ct. App. 1984)

. . . Appellant, Henry Harvey, was convicted below of keeping a gambling house pursuant to section 849.01, . . . Section 849.01 provides: Keeping Gambling Houses, etc. — Whoever by himself, his servant, clerk or agent . . .

STATE v. TATE,, 420 So. 2d 116 (Fla. Dist. Ct. App. 1982)

. . . The legislature has provided that anyone who keeps a gambling house in violation of section 849.01, Florida . . . one of the felony offenses within chapter 849, i.e., keeping a gambling house in violation of section 849.01 . . . as a felony under section 849.25, or if the gambling occurred on someone’s premises, under section 849.01 . . .

A. FERGUSON, v. STATE, 377 So. 2d 709 (Fla. 1979)

. . . habitual use of a person’s premises for gambling is an essential element of the second part of section 849.01 . . . of cards for money or other things of value at his residence on March 5, 1977, contrary to section 849.01 . . . Section 849.01, Florida Statutes (1975), provides: Whoever by himself, his servant, clerk, or agent, . . . Petitioner argues that section 849.01 contemplates the enterprise or business of gambling as opposed . . . Conviction under section 849.01 is a third-degree felony punishable by up to five years imprisonment. . . .

MADAR, v. STATE, 376 So. 2d 446 (Fla. Dist. Ct. App. 1979)

. . . Defendant was tried in the Circuit Court and a jury found him guilty of this charge under Section 849.01 . . . Section 849.01, Florida Statutes (1977), provides that a violation thereof is a third degree felony. . . . Appellant argued below and rear-gues here that Sections 849.093 and 849.01, Florida Statutes (1977), . . . If such an individual operates a bingo game and violates the other elements of Section 849.01, he may . . . MOORE, J., and MELVIN, WOODROW M., Retired, Associate Judge, concur. . 849.01 Keeping gambling houses . . .

STATE v. FERGUSON,, 365 So. 2d 788 (Fla. Dist. Ct. App. 1978)

. . . permitting another person to engage in a game of cards on his premises, an offense prohibited by Section 849.01 . . . the concerned premises for gambling is not an element of the offense under the second part of Section 849.01 . . . Section 849.01, Florida Statutes (1975) provides: Whoever by himself, his servant, clerk or agent, or . . . The Florida Supreme Court has recently ruled 849.01 was not unconstitutionally vague or overbroad in . . . As to the first part of 849.01 the supreme court further strengthened the requirement of habitualness . . .

MART, v. STATE, 350 So. 2d 1123 (Fla. Dist. Ct. App. 1977)

. . . defendant and frequented by no one other than the defendant is a gambling house proscribed by Section 849.01 . . . We hold that such an apartment cannot be a gambling house as condemned by Section 849.01, Florida Statutes . . . Mart was charged by information with one count of maintaining a gambling house in violation of Section 849.01 . . . The defendant was charged with and convicted of violating Section 849.01, Florida Statutes (1975), which . . . As such, the apartment can not be a gambling house under Section 849.01, Florida Statutes (1975). . . .

BELLAMY, v. STATE, 347 So. 2d 419 (Fla. 1977)

. . . lessee of the building, was arrested and charged with operating a gambling house contrary to Section 849.01 . . . Bellamy took a direct appeal here to present his challenge to the statute which reads: “849.01 Keeping . . .

STATE v. KUGEL,, 342 So. 2d 1012 (Fla. Dist. Ct. App. 1977)

. . . or management, located at 3475 Northwest 17th Terrace, Apartment # B, Oakland Park, contrary to F.S. 849.01 . . . control, or management, located at 7111 Environ Boulevard, Apartment # 111, Lauderhill, contrary to F.S. 849.01 . . . management, located at 720 Northeast 2nd Street, Apartment # 3, Fort Lauder-dale, contrary to F.S. 849.01 . . .

H. McCORMACK, v. STATE, 338 So. 2d 208 (Fla. Dist. Ct. App. 1975)

. . . Appellant was tried and convicted of maintaining a gambling house in violation of § 849.01, F.S.1973. . . .

CHRESFIELD v. UNITED STATES, 381 F. Supp. 301 (E.D. Pa. 1974)

. . . Institute, a Florida State prison, for operating a gambling house in violation of Florida State law § 849.01 . . . He is serving a three year sentence in a Florida State prison for violation of section 849.01 of Florida . . .

STATE v. KATZ, 295 So. 2d 356 (Fla. Dist. Ct. App. 1974)

. . . S. 849.01, F.S.A. (1971). . . . ^CURRENCY USED AND BEING USED IN CONNECTION WITH GAMBLING & BOOKMAKING AND IN VIOLATION OF FSS 849.01 . . . CURRENCY USED AND BEING USED IN CONNECTION WITH GAMBLING & BOOKMAKING AND IN VIOLATION OF FSS 849.01, . . .

PESCE, v. STATE, 288 So. 2d 264 (Fla. Dist. Ct. App. 1974)

. . . Appellant was tried by jury and convicted of two counts of violating the gambling statute, Section 849.01 . . . reflect probable cause of the existence of gambling in the appellant’s premises as prohibited in Section 849.01 . . .

GAETANO, Jr. v. STATE, 273 So. 2d 84 (Fla. Dist. Ct. App. 1973)

. . . . § 849.01 (1969), F.S.A. . . .

PERLMAN B. v. STATE, 269 So. 2d 385 (Fla. Dist. Ct. App. 1972)

. . . The infor-mations were based on Section 849.01, F.S. 1969, F.S.A. . . . point reads as follows: “Where appellants were charged with maintaining a gambling house under F.S. 849.01 . . . The defendants were charged with violating Section 849.01, F.S.1969, F.S.A. . . . Bingo has been recognized as gambling within the purview of Section 849.01, F.S.1969, F.S.A. . . . Bingo per se is not removed by Section 849.093 from the purview of Section 849.01. . . .

MONES, v. S. AUSTIN, L. B. L. D. J. W., 318 F. Supp. 653 (S.D. Fla. 1970)

. . . Florida Statutes §§ 849.01, 849.03, F.S.A. . . .

STATE v. MALONE,, 227 So. 2d 896 (Fla. Dist. Ct. App. 1969)

. . . April 7, 1967, an information charging appellee with maintaining a gambling room in violation of § 849.01 . . .

HANLEY, v. UNITED STATES, 416 F.2d 1160 (5th Cir. 1969)

. . . carry on and facilitate the unlawful activity named, the business of gambling in violation of Sections 849.01 . . . , i. e., violation of the Florida gambling statutes named in each count of the indictment, Sections 849.01 . . . of an unlawful activity, to-wit: a business enterprise involving gambling, in violation of Sections 849.01 . . .

STATE v. SCHELL,, 211 So. 2d 581 (Fla. Dist. Ct. App. 1968)

. . . informed against in the Circuit Court for the felony of violation of gambling laws under Fla.Stat. 849.01 . . . Schell filed a motion in the charge under Fla.Stat. 849.01, F.S.A., to suppress all evidence of any kind . . . the same evidence which the State proposed to use in the prosecution of the felony under Fla.Stat. 849.01 . . . lesser included offense of the felony of maintaining a gambling house and gambling implements under 849.01 . . . It has been held time and again in this jurisdiction that the purpose and intent of Fla.Stat. 849.01, . . .

SCAGLIONE, R. L. v. UNITED STATES, 396 F.2d 219 (5th Cir. 1968)

. . . State has a comprehensive statutory system of regulation and prohibition in this area, see Fla.Stats. 849.01 . . .

CARP, v. FLORIDA REAL ESTATE COMMISSION L., 211 So. 2d 240 (Fla. Dist. Ct. App. 1968)

. . . . §§ 849.01 and 849.03, F.S.A. . . .

GLISSON, v. STATE, 208 So. 2d 274 (Fla. Dist. Ct. App. 1968)

. . . That offense, as defined in § 849.01 Fla.Stat., F. . . .

R. LAMKIN, C. s a v. FAIRCLOTH, Jr. In, 204 So. 2d 747 (Fla. Dist. Ct. App. 1968)

. . . Section 849.01 of the Florida Statutes, F.S.A. provides as follows: “Whoever by himself, his servant, . . . is permitting the player to play at a game for a valuable thing within the condemnation of Section 849.01 . . . enforcement officials, notwithstanding the provisions of the gambling laws of the State (e. g., Sections 849.01 . . .

SPINA, v. STATE, 203 So. 2d 20 (Fla. Dist. Ct. App. 1967)

. . . itself only with the conviction for the operation of a gambling room, which was charged pursuant to § 849.01 . . .

COHEN v. STATE, 189 So. 2d 498 (Fla. Dist. Ct. App. 1966)

. . . appellants were found guilty of maintaining a gambling room in contravention of the law as set forth in § 849.01 . . .

LAMKIN, v. ATTORNEY GENERAL,, 26 Fla. Supp. 107 (Hillsborough Cty. Cir. Ct. 1966)

. . . law enforcement officials, notwithstanding the provisions of the gambling laws of the state (e.g., §§849.01 . . .

PAOLERCIO, v. STATE, 157 So. 2d 525 (Fla. Dist. Ct. App. 1963)

. . . This is a statutory crime under § 849.01, Fla.Stat., F.S.A., which reads as follows: “849.01 Keeping . . .

DAMAR CORPORATION, a v. E. LEE, Jr., 155 So. 2d 655 (Fla. Dist. Ct. App. 1963)

. . . the first count, that of feloni-ously keeping and maintaining a gambling house, pursuant to section 849.01 . . .

G. ZEIDERS, v. CITY OF FORT LAUDERDALE,, 136 So. 2d 261 (Fla. Dist. Ct. App. 1962)

. . . See Sections 849.01, 849.05, 849.14-849.16, 901. 19, Fla.Stat.1941, F.S.A.; Kirk v. . . .

SHERMAN, v. STATE, 133 So. 2d 663 (Fla. Dist. Ct. App. 1961)

. . . defendant was tried and found guilty of the crime of keeping a gambling house as set forth in section 849.01 . . .

K. STANGER v. STATE, 117 So. 2d 417 (Fla. Dist. Ct. App. 1960)

. . . The purpose and intent of the statute (§ 849.01, Fla.Stat., F.S.A.) prohibiting operation of a gambling . . . But it has also been established that “The result of the two sections [Sections 849.01 and 849.02], taken . . .

H. KING, v. STATE, 104 So. 2d 730 (Fla. 1957)

. . . Carberry and Monroe, were charged with conspiring with one another and with one Moscovitz to violate §§ 849.01 . . . them in the instant case, they were charged with a conspiracy to commit the offenses denounced by § 849.01 . . . Sec. 849.01 denounces the keeping of a house or other place for any manner of gaming or gambling. . . . agreement and the intention proved by the State was that Moscovitz would commit the offenses denounced by § 849.01 . . .

CHACON, v. STATE, 102 So. 2d 578 (Fla. 1957)

. . . . § 849.01 et seq. . . .

STATE v. KING, 10 Fla. Supp. 49 (Dade Cty. Cir. Ct. 1956)

. . . the defendants, King, Carberry and Monroe, conspired to commit an offense, i.e., to violate section 849.01 . . . Section 849.01 provides that whoever keeps a gaming table or room, or gaming implements or apparatus, . . .

STATE v. KING, 10 Fla. Supp. 32 (Dade Cty. Cir. Ct. 1956)

. . . Monroe and Ben Moscovitz to violate section 849.01, Florida Statutes, relating to the unlawful keeping . . . conspiring with one Moscovitz to commit an offense against the laws of Florida i.e., to violate section 849.01 . . .

L. COLLINS M. v. STATE, 83 So. 2d 6 (Fla. 1955)

. . . Section 849.01, Florida Statutes, F.S.A. . . . the original sentence as to Collins because the sentence exceeded the maximum allowed by law, section 849.01 . . .

FLORIDA BAR, v. STATE BEVERAGE DIRECTOR, 6 Fla. Supp. 81 (Palm Beach Cty. Cir. Ct. 1954)

. . . The petitioner was charged with violating section 849.01, Florida Statutes 1953, in that petitioner or . . . In the second charge there was embraced the allegation that petitioner, contrary to section 849.01, controlled . . .

PETERS v. THOMPSON, 68 So. 2d 581 (Fla. 1953)

. . . disorderly conduct, namely, betting on horse races, in her place of business, and had violated Sections 849.01 . . .

TOM COOPER v. THE CITY OF MIAMI, 160 Fla. 656 (Fla. 1948)

. . . See Sections 849.01, 849.05, 849.14-849.16, 901.19, Fla. Stat. 1941, F.S.A.; Kirk v. . . .

FLETCHER FULLER ABNER FULLER v. THE STATE OF FLORIDA, 159 Fla. 200 (Fla. 1947)

. . . The trial court in one of his instructions read to the jury Section 849.01, Fla. Stats. 1941 (FSA). . . . We have, in the preceding assignment, held that the reading to the jury of Section 849.01 was harmless . . .

MARION F. JOHNSON, v. STATE OF FLORIDA, 157 Fla. 685 (Fla. 1946)

. . . The information charged in three counts the offense of conducting a lottery as denounced by Section 849.01 . . .

HAGERTY v. SOUTHERN BELL TELEPHONE TELEGRAPH CO., 59 F. Supp. 107 (S.D. Fla. 1945)

. . . . §§ 849.01, 849.03, 849.09, 849.14, and 550.16). . . .

JIMMIE FRATERRIGO TOM GREEN, v. STATE OF FLORIDA, 151 Fla. 634 (Fla. 1942)

. . . Chapter 7657, C.G.L. 1927 (now Section 849.01, Florida Statutes, 1941). . . .

CHARLIE VANDERHORST, v. STATE OF FLORIDA, 151 Fla. 620 (Fla. 1942)

. . . L., now Section 849.01, Florida Statutes, 1941. . . . Both counts charged violation of Section 7657, C.G.L. now appearing as 849.01, Fla. Statutes 1941. . . .