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Florida Statute 849.26 | Lawyer Caselaw & Research
F.S. 849.26 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 849.26

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
F.S. 849.26
849.26 Gambling contracts declared void; exception.All promises, agreements, notes, bills, bonds or other contracts, mortgages or other securities, when the whole or part of the consideration if for money or other valuable thing won or lost, laid, staked, betted or wagered in any gambling transaction whatsoever, regardless of its name or nature, whether heretofore prohibited or not, or for the repayment of money lent or advanced at the time of a gambling transaction for the purpose of being laid, betted, staked or wagered, are void and of no effect; provided, that this act shall not apply to wagering on pari-mutuels or any gambling transaction expressly authorized by law.
History.s. 1, ch. 26543, 1951.

F.S. 849.26 on Google Scholar

F.S. 849.26 on Casetext

Amendments to 849.26


Arrestable Offenses / Crimes under Fla. Stat. 849.26
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 849.26.



Annotations, Discussions, Cases:

Cases from cite.case.law:

WALLISVILLE CORPORATION, INC. a v. McGUINNESS, s a, 154 So. 3d 501 (Fla. Dist. Ct. App. 2015)

. . . It determined that section 849.26, Florida Statutes (2013), precluded such a suit. . . . They argued, among other grounds, that the complaint was barred by section 849.26, Florida Statutes ( . . . Section 849.26, Florida Statutes (2013), provides: [1.] . . . . § 849.26, Fla. Stat. (2013) (numbering added). . . . Furthermore, appellees’ motion to dismiss based on section 849.26 raised an affirmative defense. . . .

In CAPITOL INVESTMENTS, INC. v., 473 B.R. 838 (Bankr. S.D. Fla. 2012)

. . . . § 849.26 states that: All promises, agreements, notes, bills, bonds or other contracts, mortgages or . . .

In J. HIONAS, d b a v. J., 361 B.R. 269 (Bankr. S.D. Fla. 2006)

. . . . § 849.26 (2005) unequivocally provides that any type of gambling debt that is not expressly authorized . . . Stat. § 849.26, gambling is no longer against the public policy of Florida. . . .

In TITAN CRUISE LINES, a a v. a, 353 B.R. 919 (Bankr. M.D. Fla. 2006)

. . . . § 849.26 (2004). . . . This strong public policy has been codified in Florida Statute § 849.26, which provides that: All promises . . . Stat. § 849.26 and is therefore unenforceable as a matter of state law. . . .

In SIMPSON, M. v. M., 319 B.R. 256 (Bankr. M.D. Fla. 2003)

. . . Stat. eh. 849.26. . . . “In interpreting Section 849.26, Florida courts have consistently held that gambling obligations, even . . . Stat. ch. 849.26 (1991) states, All promises, agreements, notes, bills, bonds, or other contracts, mortgages . . . Stat. ch. 849.26 (1991). . Id. . Froug v. . . .

CARNIVAL LEISURE INDUSTRIES, LTD. v. HOLZMAN,, 660 So. 2d 410 (Fla. Dist. Ct. App. 1995)

. . . gambling obligations, although valid where created, are unenforceable in Florida pursuant to section 849.26 . . . foreign gambling debts have consistently been held to violate both the state’s public policy and section 849.26 . . . as in the instant ease, argued that the public policy of Florida has changed since the time section 849.26 . . .

CARNIVAL LEISURE INDUSTRIES LTD. v. ARVIV,, 655 So. 2d 177 (Fla. Dist. Ct. App. 1995)

. . . In the Froug case the circuit court ruled that section 849.26, Florida Statutes, did not bar the collection . . . Because the interpretation of section 849.26 was the dispositive issue in both cases, the trial court . . . that, notwithstanding Florida’s change in public policy with respect to a statewide lottery, section 849.26 . . . See § 849.26, Fla.Stat. (1993); Blosser v. . . . Arviv contends that in view of the existence of section 849.26, Florida Statutes, and earlier case law . . .

CARNIVAL LEISURE INDUSTRIES, LTD. v. HERMAN,, 629 So. 2d 882 (Fla. Dist. Ct. App. 1993)

. . . We interpret Florida Statute Section 849.26 as exempting transactions expressly authorized by Florida . . .

C. FROUG, v. CARNIVAL LEISURE INDUSTRIES, LTD., 627 So. 2d 538 (Fla. Dist. Ct. App. 1993)

. . . In defending the suit, Froug relied on Florida Statutes, Section 849.26 (1991), which states: All promises . . . incurred casino gambling debts in Florida courts, or whether such a recovery is barred because of Section 849.26 . . . In interpreting Section 849.26, “Florida courts have consistently held that gambling obligations, even . . . See § 849.26, Fla.Stat. (1991); Carp v. . . . that the majority of American jurisdictions follow a protective policy, similar to that of Section 849.26 . . .

MGM GRAND HOTEL, INC. v. SIEGEL,, 506 So. 2d 451 (Fla. Dist. Ct. App. 1987)

. . . of whether this claim, as opposed to the gross negligence-innkeeper liability theory, is barred by § 849.26 . . . claims that the agreement sued upon was void as a gambling contract rendered unenforceable by section 849.26 . . . Reversed and remanded with directions. .Section 849.26 states: All promises, agreements, notes, bills . . .

BARQUIN, v. FLORES, 459 So. 2d 436 (Fla. Dist. Ct. App. 1984)

. . . Sands, Inc., 122 So.2d 618 (Fla. 3d DCA 1960); § 849.26, Fla.Stat. (1977). . . .

HILTON INTERNATIONAL CO. v. CARBONE, 47 Fla. Supp. 1 (Broward Cty. Ct. 1977)

. . . . §849.26; Young v. . . .

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

. . . Moreover it is the public policy of the state as expressed in Florida Statute 849.26, F.S.A., that gambling . . .

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

. . . . § 849.26, F.S.A. . . .

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

. . . Sections 849.26 and 849.27 Florida Statutes provide that any gambling transaction to be excluded from . . .

DORADO BEACH HOTEL CORPORATION, a v. W. A. JERNIGAN,, 202 So. 2d 830 (Fla. Dist. Ct. App. 1967)

. . . summary final judgment for defendant on the grounds that the debt was uncollectable by virtue of Section 849.26 . . .

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

. . . This conclusion is buttressed by the provisions of §§849.26 and 849.27, which provide that any gambling . . .

T. YOUNG, v. SANDS, INC. a, 122 So. 2d 618 (Fla. Dist. Ct. App. 1960)

. . . The affirmative defense is based on § 849.26, Fla.Stat., F.S.A., which provides as follows: “Gambling . . .