The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 849
GAMBLING

View Entire Chapter

F.S. 849.05

849.05 Prima facie evidence.—If any of the implements, devices or apparatus commonly used in games of chance in gambling houses or by gamblers, are found in any house, room, booth, shelter or other place it shall be prima facie evidence that the said house, room, booth, shelter or other place where the same are found is kept for the purpose of gambling.

History.—s. 4, ch. 3764, 1887; RS 2648; GS 3576; RGS 5503; CGL 7661; s. 243, ch. 77-104.

F.S. 849.05 on Google Scholar

F.S. 849.05 on Casetext

Amendments to 849.05

Arrestable Offenses / Crimes under Fla. Stat. 849.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 849.05.

Annotations, Discussions, Cases:

Cases from cite.case.law:

S. DESMOND, E. v. PNGI CHARLES TOWN GAMING, LLC d b a, 661 F. Supp. 2d 573 (N.D.W. Va. 2009)

. . . that the number of hours of overtime to be credited to the plaintiffs are as follows: John Desmond-849.05 . . .

In FLIGHT TRANSPORTATION CORPORATION SECURITIES LITIGATION, 685 F. Supp. 1092 (D. Minn. 1987)

. . . 2,421.30 (27) STULL, STULL & BRODY Disbursement: $ 3,168.85 (28) STUURMANS & KELLY Disbursement: $ 849.05 . . .

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

. . . bags, confiscated by Officer Tompkins, constituted “prima facie” evidence of gambling under Section 849.05 . . . Likewise, the evidence supportive of counts 3 and 4 of the show cause order, relating to Section 849.05 . . .

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. . . .

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

. . . See also section 849.05, Fla.Stat., F.S.A. . . .

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. . . .

MACKEN v. GASS, 23 F. Supp. 320 (W.D.N.Y. 1938)

. . . Several withdrawals were made thereafter and on May 11, 1936, by a final withdrawal of $849.05 the account . . .