The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

Chapter 849
GAMBLING

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F.S. 849.25

849.25 “Bookmaking” defined; penalties; exceptions.—

(1)(a) The term “bookmaking” means the act of taking or receiving, while engaged in the business or profession of gambling, any bet or wager upon the result of any trial or contest of skill, speed, power, or endurance of human, beast, fowl, motor vehicle, or mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent event whatsoever.

(b) The following factors shall be considered in making a determination that a person has engaged in the offense of bookmaking:

1. Taking advantage of betting odds created to produce a profit for the bookmaker or charging a percentage on accepted wagers.

2. Placing all or part of accepted wagers with other bookmakers to reduce the chance of financial loss.

3. Taking or receiving more than five wagers in any single day.

4. Taking or receiving wagers totaling more than $500 in any single day, or more than $1,500 in any single week.

5. Engaging in a common scheme with two or more persons to take or receive wagers.

6. Taking or receiving wagers on both sides on a contest at the identical point spread.

7. Any other factor relevant to establishing that the operating procedures of such person are commercial in nature.

(c) The existence of any two factors listed in paragraph (b) may constitute prima facie evidence of a commercial bookmaking operation.

(2) Any person who engages in bookmaking shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the provisions of s. 948.01, any person convicted under the provisions of this subsection shall not have adjudication of guilt suspended, deferred, or withheld.

(3) Any person who has been convicted of bookmaking and thereafter violates the provisions of this section shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the provisions of s. 948.01, any person convicted under the provisions of this subsection shall not have adjudication of guilt suspended, deferred, or withheld.

(4) Notwithstanding the provisions of s. 777.04, any person who is guilty of conspiracy to commit bookmaking shall be subject to the penalties imposed by subsections (2) and (3).

(5) This section shall not apply to pari-mutuel wagering in Florida as authorized under chapter 550.

(6) This section shall not apply to any prosecutions filed and pending at the time of the passage hereof, but all such cases shall be disposed of under existing laws at the time of the institution of such prosecutions.

History.—ss. 1-3, ch. 26847, 1951; s. 1073, ch. 71-136; s. 47, ch. 75-298; s. 1, ch. 78-36; s. 48, ch. 87-243; s. 64, ch. 92-348; s. 1374, ch. 97-102.

F.S. 849.25 on Google Scholar

F.S. 849.25 on Casetext

Amendments to 849.25

Arrestable Offenses / Crimes under Fla. Stat. 849.25

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

S849.25 2 - BOOKMAKING - 1ST OFF - F: T

S849.25 3 - BOOKMAKING - SUBSQ OFF - F: S

S849.25 4 - BOOKMAKING - CONSPIRACY TO COMMIT SUBSQ OFF - F: S

S849.25 4 - BOOKMAKING - CONSPIRACY TO COMMIT 1ST OFF - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . . § 849.25; and (2) keeping a gambling house, see Fla. Stat. § 849.01. . . .

SANTORO, v. STATE, 959 So. 2d 1235 (Fla. Dist. Ct. App. 2007)

. . . See § 849.25(l)(a), Fla. Stat. (2001). . . . See § 849.25(l)(b). The trial court instructed the jury that in order to convict Mr. . . . See § 849.25(l)(a); Fla. Std. Jury Instr. (Crim.) 22.14. . . . The trial court also instructed the jury to consider the section 849.25(l)(b) factors in making its deliberations . . . The information specifically alleged violations of section 849.25(l)(a). . . .

DEPARTMENT OF LEGAL AFFAIRS, v. BRADENTON GROUP, INC. v., 727 So. 2d 199 (Fla. 1998)

. . . Section 84-9.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling. § 895.02(l)(a)( . . .

D. JOHNSON, v. STATE, 715 So. 2d 1017 (Fla. Dist. Ct. App. 1998)

. . . In pertinent part, section 777.04 states: (4)(a) Except as otherwise provided in ss. 828.125(2), 849.25 . . . Sections 828.125(2), 849.25(4), and 893.135, Florida Statutes (1995), which are specifically exempted . . .

CHEYENNE SALES, LTD. v. WESTERN UNION FINANCIAL SERVICES INTERNATIONAL, 8 F. Supp. 2d 469 (E.D. Pa. 1998)

. . . . §§ 849.14, 849.25; see also 18 U.S.C. § 1084, “contacted Western Union sometime prior to December 22 . . . Stat. § 849.25 has survived state and federal constitutional challenge in the Florida Supreme Court, . . .

A. MOVITZ, N. V. v. FIRST NATIONAL BANK OF CHICAGO,, 982 F. Supp. 571 (N.D. Ill. 1997)

. . . recover the following costs: Fees of the Clerk $ 60.00 Fees for service of summons and subpoenas $ 849.25 . . . Fees for Service of Summons and Subpoenas The Plaintiffs seek $849.25 for fees for service of summons . . . showing why the subpoenas were not reasonable and necessary at the time of service, the court awards $849.25 . . . costs awarded are as follows: Fees of the Clerk $ 60.00 Fees for service of summons and subpoenas $ 849.25 . . .

POLAKOFF, v. STATE, 586 So. 2d 385 (Fla. Dist. Ct. App. 1991)

. . . Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25, relating to gambling. . . .

CHARATZ, v. STATE, 577 So. 2d 1298 (Fla. 1991)

. . . On May 16, 1988, the state moved to correct Charatz’s sentence, asserting that sections 849.25(2) and . . . There is no doubt that sections 849.25(2) and (4) prohibit the withholding of adjudication of guilt. . . .

STATE v. ROKOS,, 570 So. 2d 1154 (Fla. Dist. Ct. App. 1990)

. . . We reverse and remand for further proceedings in accord with section 849.25(2), Florida Statutes (1985 . . . We agree with the state that under section 849.25(2) the court could not withhold adjudication following . . .

CHARATZ, v. STATE, 555 So. 2d 1303 (Fla. Dist. Ct. App. 1990)

. . . charged with eleven counts of conspiracy to commit bookmaking and bookmaking in violation of sections 849.25 . . . Florida Statutes 849.25(2) and (4) states that any person convicted of Conspiracy to Commit Bookmaking . . .

SHAKTMAN, v. STATE, 553 So. 2d 148 (Fla. 1989)

. . . . § 849.25, Fla. Stat. (1983). . Shaktman v. State, 433 So.2d 580 (Fla. 3d DCA 1983). . L. . . .

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

. . . Section 849.25, Florida Statutes, was amended by Chapter 87-243, Section 48, Laws of Florida. . . . EXHIBIT 7 BOOKMAKING F.S. 849.25(1) Before you can find the defendant guilty of Bookmaking, the State . . . F.S. 849.25(l)(b) To determine whether (defendant) was engaged in the offense of bookmaking the following . . . Note to Judge It is the committee’s opinion that F.S. 849.25(l)(c) is for the judge and not the .jury . . . (2) None Attempt Bookmaking — 849.25(3) Bookmaking — 849.25(2) Attempt Bookmaking on grounds of permit-holder . . .

VICKERY, v. STATE NUNNARI, v. STATE, 539 So. 2d 499 (Fla. Dist. Ct. App. 1989)

. . . Cogswell, 521 So.2d 1081 (Fla.1988), in which the defendant contended that section 849.25 (bookmaking . . . As in Cogswell, the defendants in Shaktman also challenged the constitutionality of section 849.25. . . . The section 849.25 violations referred to in the informations merely serve to make up the complete charge . . . the Florida Statutes: ****** (24) Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25 . . . , Florida Statutes (1985), provides: 849.25 “Bookmaklng” defined; penalties; exceptions.— (1) The term . . .

STATE v. MARECHAL, Jr., 532 So. 2d 730 (Fla. Dist. Ct. App. 1988)

. . . The order declaring section 849.25 unconstitutional is reversed and the cause is remanded for trials. . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF PARI- MUTUEL WAGERING v PHELPS, 34 Fla. Supp. 2d 214 (Fla. Div. Admin. Hearings 1988)

. . . The term “bookmaking” is defined in Section 849.25(l)(a), Florida Statutes, as follows: The term “bookmaking . . . York Penal Code, does not constitute the offense of “bookmaking” as that term is defined in Section 849.25 . . .

HUESO, v. STATE, 522 So. 2d 1065 (Fla. Dist. Ct. App. 1988)

. . . Cogswell, 521 So.2d 1081, (Fla.1988) (section 849.25, Florida Statutes (1985), the bookmaking statute . . .

SHAKTMAN, J. v. STATE, 529 So. 2d 711 (Fla. Dist. Ct. App. 1988)

. . . ), Florida Statutes (1983); conspiracy to commit bookmaking; and bookmaking in violation of section 849.25 . . . dismiss the informa-tions based upon a claim that the statute under which they were charged, section 849.25 . . . CONSTITUTIONAL CHALLENGE TO SECTION 849.25, FLORIDA STATUTES (1983). . . . Section 849.25 is a specifically enumerated crime under the aegis of section 895.02. . . . Regardless of any constitutional infirmity in section 849.25, the validity of the RICO charge itself . . .

STATE v. COGSWELL,, 521 So. 2d 1081 (Fla. 1988)

. . . Cogswell, 504 So.2d 464 (Fla. 4th DCA 1987), in which the district court held that section 849.25, Florida . . . The relevant facts reflect that Cogswell was charged with nine counts of bookmaking under section 849.25 . . . Cogswell filed a motion to declare section 849.25 unconstitutional, claiming that the conduct proscribed . . . In upholding the constitutionality of section 849.25, Florida Statutes (1985), we are mindful that the . . . Section 849.25 provides: 849.25 "Bookmaking” defined; penalties; exceptions.— (1) The term "hookmaking . . .

STATE v. BONSIGNORE,, 522 So. 2d 420 (Fla. Dist. Ct. App. 1988)

. . . Appellee was charged under the felony bookmaking statute, Section 849.25(1), which forbids the “taking . . .

NUTMEG INSURANCE CO. v. ATWELL, VOGEL STERLING, A DIVISION OF EQUIFAX SERVICES, INC., 120 F.R.D. 504 (W.D. La. 1988)

. . . attorneys’ fees and costs against Nutmeg Insurance Co. in the amount of $3,117.50 in legal fees and $849.25 . . .

STATE v. GATTO,, 516 So. 2d 289 (Fla. Dist. Ct. App. 1987)

. . . dismissing the bookmaking charges against the appellant on the basis that the bookmaking statute, section 849.25 . . .

THE FLORIDA BAR RE STANDARD JURY INSTRUCTIONS- CRIMINAL, 508 So. 2d 1221 (Fla. 1987)

. . . misdemeanor) Worthless checks— 832.05(2) None Attempt, except when uttering is charged Bookmaking — 849.25 . . . (2) None Attempt Bookmaking — 849.25(3) Bookmaking — 849.25(2) Attempt Bookmaking on grounds of permit-holder . . .

STATE v. LILLO,, 506 So. 2d 94 (Fla. Dist. Ct. App. 1987)

. . . The defendant was charged with two counts of bookmaking, in violation of section 849.25, Florida Statutes . . . The state objected, arguing that section 849.25(2) required an adjudication of guilt. . . . Section 849.25(2) provides in pertinent part: Notwithstanding the provisions of s. 948.01, any person . . .

CAGGIANO, v. STATE, 505 So. 2d 482 (Fla. Dist. Ct. App. 1987)

. . . .-03 RICO conviction were bookmaking, violations of section 849.25. . . .

STATE v. COGSWELL,, 504 So. 2d 464 (Fla. Dist. Ct. App. 1987)

. . . We affirm and note our agreement with the trial court that section 849.25, Florida Statutes (1985) is . . .

STATE OF FLORIDA v. COGSWELL, 17 Fla. Supp. 2d 40 (Fla. Cir. Ct. 1986)

. . . charged by Information with nine (9) counts of the felony offense of bookmaking pursuant to Section 849.25 . . . II Florida Statute § 849.25 provides: (1) The term “bookmaking” means the act of taking or receiving . . . Stat., § 849.25(2). . . . Section 849.25 clearly prohibits the “taking” or “receiving” of a bet or wager. . . . The instant statute, Section 849.25, fails in this latter respect. . . .

P. v., 84 T.C. 1244 (T.C. 1985)

. . . proceeds per working unit) 1/ 1/79-1/15/79 2,728.50 1,718.61 $40,387.34 $2,251.38 $60.05 1/16/79-1/31/79 849.25 . . .

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

. . . the football game were taken or received within the lodge so as to make out a violation of Section 849.25 . . .

STATE v. WHITE,, 443 So. 2d 469 (Fla. Dist. Ct. App. 1984)

. . . The wording of the counts of the information tracked the wording of section 849.25(1). . . .

STATE v. SHIRAH,, 427 So. 2d 371 (Fla. Dist. Ct. App. 1983)

. . . The state has appealed from a judgment holding that the “bookmaking” statute, section 849.25, Florida . . . charging the appellee, Michael Sanford Shirah, with five counts of bookmaking in violation of section 849.25 . . . Accordingly, based upon the reasoning in Tate, we once again hold that section 849.25 does not violate . . .

STATE v. F. BRYCE,, 422 So. 2d 1069 (Fla. Dist. Ct. App. 1982)

. . . dismissal of its information for bookmaking, arguing that the lower court erred in finding section 849.25 . . . RICO Act, section 943.462, Florida Statutes, and five counts of bookmaking in violation of section 849.25 . . . Appellee moved to dismiss on the ground that section 849.25. was unconstitutionally vague, indefinite . . . We therein hold, in similar circumstances, that section 849.25 does not violate the equal protection . . .

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

. . . This is an appeal from a judgment holding that the “bookmaking” statute, section 849.25, Florida Statutes . . . filed an information charging the appellee, Glenn Ernest Tate, with bookmaking in violation of section 849.25 . . . Section 849.25(1) and (2) provides in pertinent part as follows: 849.25 “Bookmaking” defined; penalties . . . violation of section 849.01, Florida Statutes (1981), or engages in bookmaking in violation of section 849.25 . . . We construe section 849.25 to prohibit a person engaged as a bookmaker from taking or receiving bets . . .

LEONETTI, v. STATE, 418 So. 2d 1192 (Fla. Dist. Ct. App. 1982)

. . . This is an appeal from a conviction for bookmaking, a violation of section 849.25, Florida Statutes ( . . . 1979 and October 23, 1979 .. . did then and there engage in bookmaking contrary to Florida Statutes 849.25 . . . Section 849.25 limits the acts which would constitute the offense of bookmaking by its definition of . . . Section 849.25(2), Florida Statutes (1981) provides, “Any person who engages in bookmaking shall be guilty . . . Seminole County, State of Florida], did then and there engage in bookmaking contrary to Florida Statute 849.25 . . . mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent event whatsoever. § 849.25 . . .

STATE v. DiGUILLIO,, 413 So. 2d 478 (Fla. Dist. Ct. App. 1982)

. . . s dismissal of informations charging the defendants with bookmaking, a felony proscribed by section 849.25 . . . endurance of, or between, men, to-wit: football games involving teams known as .. . contrary to Chapter 849.25 . . . The trial court noted the similarity between sections 849.25(1) and 849.14, Florida Statutes (1979), . . . Each tracked the language of section 849.25 and cited that statute. . . . Section 849.25(1) provides: The term “bookmaking” means the act of taking or receiving any bet or wager . . .

BOWDEN, v. STATE WILLIAMS, v. STATE, 402 So. 2d 1173 (Fla. 1981)

. . . Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25, relating to gambling. 24. . . .

STATE v. MORSE,, 399 So. 2d 470 (Fla. Dist. Ct. App. 1981)

. . . Although “bookmaking” is a crime under chapter 849, Florida Statutes (1979), section 849.25(5) excepts . . .

AIELLO, v. STATE, 390 So. 2d 1205 (Fla. Dist. Ct. App. 1980)

. . . imposed after three verdicts of guilty of engaging in common bookmaking schemes contrary to Section 849.25 . . . information charged the defendant with three separate counts of bookmaking in violation of Section 849.25 . . . Section 849.25(3), Florida Statutes (1975) provides: “Whoever engages in bookmaking to the extent that . . . example Section 849.14) Further, if the State’s interpretation is accepted, the first part of Section 849.25 . . .

VINALES, v. STATE ALVAREZ, v. STATE DE CASTRO, v. STATE, 374 So. 2d 570 (Fla. Dist. Ct. App. 1979)

. . . Section 849.25, Florida Statutes (1977). . . . .

STATE v. BARNETT,, 366 So. 2d 411 (Fla. 1978)

. . . of an order of the trial court dismissing the infor-mations in this case on the ground that Section 849.25 . . . defendants filed new motions to dismiss which the trial court granted on three grounds: (1) that Section 849.25 . . . Section 849.25(3), Florida Statutes (1975) states: (3) Whoever engages in bookmaking to the extent that . . . The term “bookmaking” as used in the statute is defined in Section 849.25(1), Florida Statutes (1975) . . . hold that the informations charging the defendants in the present case with a violation of Section 849.25 . . .

ZUPPARDI, v. STATE, 367 So. 2d 601 (Fla. 1978)

. . . Appellants in this proceeding challenge the constitutionality of Florida’s “bookmaking” statute, Section 849.25 . . . Section 849.25(1) provides: As used in this section, the term “bookmaking” shall be deemed to be the . . . We reject appellants’ view of Section 849.25(1). . . .

STATE v. CHURCH, 353 So. 2d 219 (Fla. Dist. Ct. App. 1977)

. . . extent of receiving or accepting more than five bets or wagers in one day, in violation of Section 849.25 . . . pelota frontons as authorized by Section 551.09, Florida Statutes (1975) is not prohibited under Section 849.25 . . . covered by Section 550.16(7), Florida Statutes (1975) does not preclude a prosecution under Section 849.25 . . . Sec. 849.25, Fla.Stat. (1975) provides: (1) As used in this section, the term “bookmaking” shall be deemed . . .

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

. . . of Section 849.01, Florida Statutes (1975), and three counts of bookmaking in violation of Section 849.25 . . .

STATE v. BARNETT,, 344 So. 2d 863 (Fla. Dist. Ct. App. 1977)

. . . felo-niously engage in a common bookmaking scheme with three (3) or more persons, contrary to Section 849.25 . . . Section 849.25, Florida Statutes (1975) reads in part: “849.25 ‘Bookmaking’ defined; penalties.— (1) . . .

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

. . . BEING USED IN CONNECTION WITH GAMBLING & BOOKMAKING AND IN VIOLATION OF FSS 849.01, FSS 849.231, FSS 849.25 . . . BEING USED IN CONNECTION WITH GAMBLING & BOOKMAKING AND IN VIOLATION OF FSS 849.01, FSS 849.231 & FSS 849.25 . . .

RODRIGUEZ v. STATE, 284 So. 2d 1 (Fla. Dist. Ct. App. 1973)

. . . and Bookmaking operation is being conducted contrary to Florida Statute 849.09 and Florida Statute 849.25 . . .

UNITED STATES v. LANZA,, 341 F. Supp. 405 (M.D. Fla. 1972)

. . . and (k) of Florida Statutes § 849.09(1), F.S.A., Florida Statutes § 849.14; and Florida Statutes § 849.25 . . .

OLCOTT v. SOUTHERN BELL TEL. TEL. CO., 31 Fla. Supp. 82 (Duval Cty. Cir. Ct. 1968)

. . . and request asserted that those telephone facilities had been used in violation of Florida Statutes §849.25 . . .

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

. . . Civil and Criminal Court of Record for Pinellas County on the charge of bookmaking under Fla.Stat. 849.25 . . . determination of one point of law, which is, whether or not the offense of bookmaking under Fla.Stat. 849.25 . . . answer to the only question involved herein, we hold that an offense of bookmaking under Fla.Stat. 849.25 . . .

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

. . . . § 849.25, F.S.A., which provides: ***** * (1) As used in this section, the term bookmaking shall be . . .

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

. . . Monroe, were charged with conspiring with one another and with one Moscovitz to violate §§ 849.01 and 849.25 . . . instant case, they were charged with a conspiracy to commit the offenses denounced by § 849.01 and § 849.25 . . . Sec. 849.25 defines “bookmaking” as “the taking or receiving of any bet or wager upon the result of any . . . one with the other” (as well as with Moscovitz) to commit the offenses described in § 849.-01 and § 849.25 . . . intention proved by the State was that Moscovitz would commit the offenses denounced by § 849.01 and § 849.25 . . .

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

. . . violate section 849.01 relating to keeping a place for the purpose of gambling, and to violate section 849.25 . . . Section 849.25 provides that whoever engages in bookmaking shall be guilty of a misdemeanor and upon . . .

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

. . . the unlawful keeping or maintaining of a place for the purpose of gambling, and to violate section 849.25 . . . i.e., to violate section 849.01 relating to keeping a place for the purpose of gambling, and section 849.25 . . .

STATE v. MAVIGLIA, 6 Fla. Supp. 92 (Dade Cty. Cir. Ct. 1954)

. . . The appellant was convicted by a jury of the crime of bookmaking as defined in section 849.25, Florida . . .

TOWN OF SURFSIDE v. EARL, 5 Fla. Supp. 17 (Dade Cty. Cir. Ct. 1952)

. . . town of Surfside which adopts the statutes of the state of Florida, the statute involved being section 849.25 . . .

Co. v., 12 B.T.A. 1062 (B.T.A. 1928)

. . . Rate Allowance ■ Claimed $40, 772. 72 1/17 $2, 751.34 1920 addition_ 2,377.00 1/17 139.82 1921 “ _ 849.25 . . .

CRESCENT CITY ICE CO. v. STAFFORD, 6 F. Cas. 804 (C.C.D. La. 1877)

. . . sold the cargoes of ice laden on the three barges to one Bowles, who paid in cash therefor the sum of $849.25 . . . and showed that the ice was in the first instance sold by Hess & Reid to Miss Bowles for the sum of $849.25 . . . contract further' provided that if all of the barges were sunk, Hess & Reid were to repay to Bowles the $849.25 . . .