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Florida Statute 849.085 | Lawyer Caselaw & Research
F.S. 849.085 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 849.085

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
F.S. 849.085
849.085 Certain penny-ante games not crimes; restrictions.
(1) Notwithstanding any other provision of law, it is not a crime for a person to participate in a game described in this section if such game is conducted strictly in accordance with this section.
(2) As used in this section:
(a) “Penny-ante game” means a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value.
(b) “Dwelling” means residential premises owned or rented by a participant in a penny-ante game and occupied by such participant or the common elements or common areas of a condominium, cooperative, residential subdivision, or mobile home park of which a participant in a penny-ante game is a unit owner, or the facilities of an organization which is tax-exempt under s. 501(c)(7) of the Internal Revenue Code. The term “dwelling” also includes a college dormitory room or the common recreational area of a college dormitory or a publicly owned community center owned by a municipality or county.
(3) A penny-ante game is subject to the following restrictions:
(a) The game must be conducted in a dwelling.
(b) A person may not receive any consideration or commission for allowing a penny-ante game to occur in his or her dwelling.
(c) A person may not directly or indirectly charge admission or any other fee for participation in the game.
(d) A person may not solicit participants by means of advertising in any form, advertise the time or place of any penny-ante game, or advertise the fact that he or she will be a participant in any penny-ante game.
(e) A penny-ante game may not be conducted in which any participant is under 18 years of age.
(4) A debt created or owed as a consequence of any penny-ante game is not legally enforceable.
(5) The conduct of any penny-ante game within the common elements or common area of a condominium, cooperative, residential subdivision, or mobile home park or the conduct of any penny-ante game within the dwelling of an eligible organization as defined in subsection (2) or within a publicly owned community center owned by a municipality or county creates no civil liability for damages arising from the penny-ante game on the part of a condominium association, cooperative association, a homeowners’ association as defined in s. 720.301, mobile home owners’ association, dwelling owner, or municipality or county or on the part of a unit owner who was not a participant in the game.
History.s. 1, ch. 89-366; s. 33, ch. 91-197; s. 1358, ch. 97-102; s. 12, ch. 99-382; ss. 58, 70, ch. 2000-258.

F.S. 849.085 on Google Scholar

F.S. 849.085 on Casetext

Amendments to 849.085


Arrestable Offenses / Crimes under Fla. Stat. 849.085
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 849.085.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI- MUTUEL WAGERING, v. DANIA ENTERTAINMENT CENTER, LLC LLC TBDG, LLC d b a TGT, 229 So. 3d 1259 (Fla. Dist. Ct. App. 2017)

. . . 2d DCA 1998), in which the Second District held a rule defining “poker” in the context of sections 849.085 . . . games, and the Second District affirmed, reasoning that “conformity of games specified under section 849.085 . . .

UNITED STATES v. DICRISTINA,, 886 F. Supp. 2d 164 (E.D.N.Y. 2012)

. . . . §§ 849.08-849.085(2)(a) (prohibiting “any game at cards, keno, roulette, faro or other game of chance . . .

FLORIDA HOUSE OF REPRESENTATIVES, v. J. CRIST, Jr., 999 So. 2d 601 (Fla. 2008)

. . . . § 849.085, Fla. . . .

FLORIDA HOUSE OF REPRESENTATIVES, v. J. CRIST, Jr., 990 So. 2d 1035 (Fla. 2008)

. . . . § 849.085, Fla. . . .

LANE, v. MRA HOLDINGS, LLC d b a MRA AMX LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002)

. . . . § 849.085. . See Fla. Stat. § 550.0425. . See Fla. Stat. § 548.069. . See Fla. Stat. § 316.2065 . . . .

ST. PETERSBURG KENNEL CLUB, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI- MUTUEL WAGERING,, 757 So. 2d 1240 (Fla. Dist. Ct. App. 2000)

. . . incorporated herein by reference, that are authorized by and played in a manner consistent with Section 849.085 . . . and the rules of the card games, as specified in BPR Form 16-001, meet the requirements of Section 849.085 . . . We hold that the conformity of games specified under section 849.085(2)(a), Florida Statutes (Supp.1996 . . .

ST. PETERSBURG KENNEL CLUB, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI- MUTUEL WAGERING,, 719 So. 2d 1210 (Fla. Dist. Ct. App. 1998)

. . . definition portion of this statute states: “ ‘Authorized games’ means only those games authorized by s. 849.085 . . . forth a definition for “authorized games” but merely refers one to another statute, namely section 849.085 . . . Section 849.085(2)(a) reads: “ ‘Penny-ante game’ means a game or series of games of poker, pinochle, . . . in which the winnings of any player in a single round, hand, or game do not exceed $10 in value.” § 849.085 . . .

PPI, INC. v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARIMUTUEL WAGERING,, 698 So. 2d 306 (Fla. Dist. Ct. App. 1997)

. . . Section 849.085(2)(a), Florida Statutes (1995), defines a “penny-ante game” as “a game or series of games . . .

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

. . . The addition of “and .085” is to ensure that F.S. 849.085 is not overlooked. . . .