Arrestable Offenses / Crimes under Fla. Stat. 849.01
S849.01 - ESTABLISH GAMBLING PLACE - RENUMBERED. SEE REC # 8781 - F: T
CopyCited 75 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230
...defense. See F.S.
837.07; Carter v. State,
384 So.2d 1255 (Fla. 1980). Explanation of amendment: The instruction begins on page 175 of the manual. "F.S.
837.07" is added to the note. [Page A-65] *1243 MAINTAINING A GAMBLING ESTABLISHMENT (Amended) F.S.
849.01-A (849.02) Note to F.S.
849.01 covers both the maintaining of a gambling Judge establishment and the permitting of gambling. Accordingly, separate instructions have been prepared for these offenses with the designations "A" and "B." F.S.
849.02 proscribes the same conduct when one is acting as a servant, clerk, agent or employee. Therefore, the instructions for F.S.
849.01 may be given for charges under
849.02 by using appropriate language as indicated....
...None Attempt if only harm public servant
838.021 is charged Bribery in athletic contests None Attempt only if give
838.12(1) is charged Bribery in athletic contests None Attempt only if
838.12(2) accept is charged Keeping gambling house
849.01 None Lottery
849.09(1)(f) Lottery
849.09(1)(k) Lottery
849.11 Agents, servants, etc., of None Lottery keeper of gambling house
849.09(1)(f)
849.02 Renting house for gambling None Lottery purposes
849.02 849.09(1)(k) None P...
CopyCited 57 times | Published | Supreme Court of Florida | 157 Fla. 685, 1946 Fla. LEXIS 831
...d denied the motion to suppress the evidence. The defendant has presented six questions which he urges for our consideration, as follows: “Question One: “The information charged in three counts the offense of conducting a lottery as denounced by Section 849.01 F.S.A....
CopyCited 35 times | Published | Supreme Court of Florida
...Certiorari denied without opinion. On Rehearing Granted PER CURIAM. By an information filed in the Court of Crimes of Dade County, the petitioner King and two other persons, Carberry and Monroe, were charged with conspiring with one another and with one Moscovitz to violate §§
849.01 and
849.25 of the Florida statutes, F.S.A., relating to the unlawful keeping or maintaining of a place for the purpose of gambling and to bookmaking, respectively....
...1955, F.S.A.; in fact, as noted above, these defendants had been previously informed against and tried for the substantive offense described in § 838.06 and acquitted by the jury. Thereafter, by the information filed against them in the instant case, they were charged with a conspiracy to commit the offenses denounced by §
849.01 and §
849.25....
...Where the information in a criminal case identifies with particularity the exact section of the statute upon which the charge is based, no other statute can be substituted for the one actually selected as forming the subject matter of the prosecution. Cf. Casadas v. People, 1956, 134 Colo. 244, 304 P.2d 626. Sec. 849.01 denounces the keeping of a house or other place for any manner of gaming or gambling....
...ides that "whoever engages in bookmaking shall be guilty of a misdemeanor * * *". Although the information in the instant case charged that the defendants conspired "one with the other" (as well as with Moscovitz) to commit the offenses described in §
849.01 and §
849.25, the evidence does not support the charge....
...Both an agreement and an intention to commit an offense are necessary components of the substantive offense of conspiracy. 6 Fla.Jur., Conspiracy, Sec. 5, p. 237; and see 89 U. of Penna. Law Review 624. Here, the agreement and the intention proved by the State was that Moscovitz would commit the offenses denounced by §
849.01 and §
849.25....
CopyCited 34 times | Published | Supreme Court of Florida
...2d DCA 1978), which has passed upon a question certified by the district court to be of great public interest. We are presented with the question of whether habitual use of a person's premises for gambling is an essential element of the second part of section 849.01, Florida Statutes (1975) (keeping gambling houses, etc.)....
...We have jurisdiction pursuant to article V, section 3(b)(3), Florida Constitution. Petitioner was charged by information with knowingly allowing certain named persons to engage in a game of cards for money or other things of value at his residence on March 5, 1977, contrary to section 849.01, Florida Statutes (1975)....
...The trial court dismissed the information after finding it to be defective for failing to allege that the premises had been habitually used for gambling. The District Court of Appeal, Second District, reversed the trial court and concluded that although habitual use of the premises was an element of the first part of section 849.01 (the keeping or maintaining of a gambling room or house), habitual use of the premises was not an element of the second part of section 849.01 (the procuring or permitting of any person to gamble at a place over which defendant has control). We hold that habitualness is an element under both parts of section 849.01 and therefore disapprove the decision of the district court. *710 Section 849.01, Florida Statutes (1975), provides: Whoever by himself, 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 o...
...her 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, shall be guilty of a felony of the third degree... . Petitioner argues that section 849.01 contemplates the enterprise or business of gambling as opposed to the occasional or intermittent acts of gambling....
...room or house and for procuring or permitting another to gamble at a place under his control. Vanderhorst v. State,
151 Fla. 620,
10 So.2d 138 (1942); Toll v. State, supra . [1] The cases cited above and other reported cases dealing with what is now section
849.01, Florida Statutes (1975), have usually involved the charge of maintaining or keeping a gambling house....
...State with regard to operating or keeping a gambling house. [2] The only other significant Florida case involving the second part of the statute is Vanderhorst v. State, supra , where the defendant was charged in two counts under both the first and second part of present section 849.01....
...Rodriquez,
365 So.2d 157 (Fla. 1978). The statutory scheme of chapter 849 (gambling) evinces a general intent to treat the business or profession of gambling as a felony while treating the casual or occasional act of gambling as a misdemeanor. Conviction under section
849.01 is a third-degree felony punishable by up to five years imprisonment....
...On the other hand, conviction for the act of gambling is a second-degree misdemeanor under sections
849.08,
849.11 and
849.14, Florida Statutes (1975), punishable by up to only sixty days imprisonment. If a single act of gambling were to be punishable under section
849.01, sections
849.08,
849.11 and
849.14 would lose much of their force since the state could always prosecute under section
849.01 provided the gambling occurred on some person's premises....
...Moreover, the position advocated by the state would result in rendering nugatory section
849.07, Florida Statutes (1975), which provides that a proprietor who permits any person to play pool or billiards for money is guilty of a second-degree misdemeanor. If the requirement of habitualness were read out of section
849.01 under its second part then a single instance of the proprietor's knowingly suffering a gambling transaction to occur would subject him to prosecution under section
849.01 for a felony....
...be given to all the provisions of each if this can be done by any fair and reasonable construction. State v. Hayles,
240 So.2d 1 (Fla. 1970). We must assume that the legislature intended to enact effective laws and we believe that the second part of section
849.01 is susceptible to the fair and reasonable construction that habitualness was intended by the legislature as a requirement under the statute....
...Applying the rule that criminal statutes must be strictly construed, nothing not clearly and intelligently described in a statute's very words, as well as manifestly intended by the legislature, shall be considered included within its terms. Earnest v. State,
351 So.2d 957 (Fla. 1977). Under the state's expansive reading of section
849.01, an individual would be guilty of a felony for a single instance of allowing his friends to bet one dollar at a ball game they were viewing at his home, as would the individual's wife who may have been present in the other room pursuing other activities but who was aware of the bet and took no action to stop it....
...State, supra , Florida courts have consistently held that the single act of gambling is an offense separate and distinct from the offense of keeping a gambling house. [3] For the reasons stated above, we believe that the element of habitualness is implied in the second as well as in the first part of section 849.01....
...he habitualness element. [3] Thus in Cohen v. State,
189 So.2d 498 (Fla. 3d DCA 1966), the district court held that competent proof of only a single instance of taking a bet was insufficient to convict defendant of maintaining a gambling house under section
849.01.
CopyCited 32 times | Published | Supreme Court of Florida | 1997 WL 718233
...ed prison sentence as a sword of Damocles over a probationer. Further, because Poore states the defendant is placed on probation "for that suspended portion," some courts have concluded that the period of probation must equal the suspended sentence. Section 849.01(6) does not expressly mandate that the period of probation or community control must be equal in length to the suspended portion of the prison sentence....
CopyCited 26 times | Published | Supreme Court of Florida | 159 Fla. 200, 1947 Fla. LEXIS 755
in one of his instructions read to the jury Section
849.01, Fla. Stats. 1941 (FSA). Counsel for appellants
CopyCited 24 times | Published | Supreme Court of Florida | 151 Fla. 634, 1942 Fla. LEXIS 1234
...This was the operator’s share as payment for the use of the room and equipment. The officers were not armed with a warrant of any kind at the time they made their observations, forced their way in or arrested the defendants. The maintenance of a gambling room is a felony. Chapter 7657, C.G.L. 1927 (now Section 849.01, Florida Statutes, 1941)....
CopyCited 16 times | Published | Florida 4th District Court of Appeal
...13th Street, Fort Lauderdale, on July 21st and July 22nd, 1971. On the same date a separate information was filed as to Stephen Paskind charging him with maintaining a gambling house at the same location on 21 July 1971. The informations were based on Section 849.01, F.S....
...We have carefully reviewed each of the appellants' four points on appeal and conclude that points two and three are without merit and do not require discussion. The appellants' first point reads as follows: "Where appellants were charged with maintaining a gambling house under F.S. 849.01, [F.S.A] is not the prosecution required to prove that a game condemned as gambling has been habitually played or carried on?" *387 The defendants were charged with violating Section 849.01, F.S....
...It is the maintenance or keeping of a place for gambling purposes. In other words, the statute does not reach the gambling or the gamblers. Stanger v. State, Fla.App. 1960,
117 So.2d 417 and State v. Schell, Fla.App. 1968,
211 So.2d 581, 582. Bingo has been recognized as gambling within the purview of Section
849.01, F.S....
....' ..." The appellants' other contention under Point I, that is, that bingo is no longer considered as "gambling" because of Section 849.093, F.S. 1967, F.S.A., is without merit too. Bingo per se is not removed by Section 849.093 from the purview of Section 849.01....
...Only when bingo is conducted by (a) qualified operators and (b) within certain statutory limitations, is the operation legal and immune from the effect of Ch. 849. Whether or not the appellants' game came within Section 849.093 is a question involving the sufficiency of the evidence to prove a violation of Section 849.01....
CopyCited 16 times | Published | Supreme Court of Florida
...There is little dispute, if any, between the parties as to the facts shown by the record in this case, which are substantially as follows: An information was filed on the 19th day of November, 1954, in Four Counts, charging appellants with violating the State Lottery Statutes, F.S.A. § 849.01 et seq....
CopyCited 11 times | Published | Supreme Court of Florida | 1951 Fla. LEXIS 1702
...ts any person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, shall be punished by imprisonment in the state prison not exceeding three years, or by fine not exceeding five thousand dollars." See section 849.01, Florida Statutes 1941, F.S.A....
CopyCited 6 times | Published | Florida 5th District Court of Appeal
...Again, the State sought injunctions and forfeiture of property and proceeds under the RICO statute. The State argued that nothing in Bradenton II overturned cases holding that illegal bingo operations could be deemed "keeping a gambling house," violating section 849.01....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 1997 Fla. App. LEXIS 5389, 1997 WL 253032
...the affairs of a business enterprise. Our conclusion is further buttressed by utilizing the principles of Tingley and analyzing how the terms "keep" and "maintain" have been construed by an appellate court in the context of another criminal statute, section 849.01, Florida Statutes (1995), which prohibits in part the keeping or maintaining of a place for the purpose of gambling, and which part has remained virtually unchanged since its enactment in 1887....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Shailer, State's Atty., and Jon H. Gutmacher, Asst. State's Atty., Fort Lauderdale, for petitioner. Edward M. Kay, of Varon, Stahl & Kay, Hollywood, for respondents. WALDEN, Judge. Defendants, Katz and Prenner, were charged with a gambling offense under F.S. 849.01, F.S.A....
...ULLY HAS, USES, EXERCISES, M IA NTAINS OR CONTROLS A CONDOMINIUM APARTMENT & DOES HAVE, GAMING PARAPH E NALIA, IMPLEMENTS, MATERIALS, APPLI E NCES & U.S. U CURRENCY USED AND BEING USED IN CONNECTION WITH GAMBLING & BOOKMAKING AND IN VIOLATION OF FSS
849.01, FSS
849.231, FSS
849.25 against the laws of the State of Florida and the Ordinances of the City of Pompano Beach, Broward County, Florida, in the buildings, structure or place described as follows: THE APARTMENT TO BE SEARCHED IS LOCATED AT 2850 NORTH PALM AIRE DRIVE AND IS IN BUILDING NUMBER TWO....
...re hereby authorized and commanded to seize and secure the same and to bring the said GAMBLING PARAPH E NALIA, IMPLEMENTS, MATERIALS, APPLI E NCES AND U.S. CURRENCY USED AND BEING USED IN CONNECTION WITH GAMBLING & BOOKMAKING AND IN VIOLATION OF FSS
849.01, FSS
849.231 & FSS
849.25....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1997 WL 43388
...See State v. Davis,
657 So.2d 1224 (Fla. 5th DCA 1995); State v. Farthing,
652 So.2d 1290 (Fla. 5th DCA 1995); State v. Conte,
650 So.2d 192 (Fla. 5th DCA 1995), review denied,
659 So.2d 270 (Fla.1995); Gaskins v. State,
607 So.2d 475 (Fla. 1st DCA 1992). Section
849.01(6) does not expressly mandate that the period of probation or community control must be equal in length to the suspended portion of the prison sentence....
CopyCited 5 times | Published | Florida 5th District Court of Appeal
...*579 Aaron A. Green, P.A., Gainesville, for appellant. Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee. COBB, Judge. Appellant, Henry Harvey, was convicted below of keeping a gambling house pursuant to section 849.01, Florida Statutes (1981)....
...During his nineteen visits, Junious observed gambling on some five occasions, and Harvey was present and personally involved on two of those occasions. At the jury instruction conference the trial court, without objection, decided upon the following instructions adapted from the Florida Standard Jury Instructions, § 849.01-B, Permitting Gambling: THE COURT: [T]he state must prove the following two elements beyond a reasonable doubt: First, that Henry Harvey in person or by a servant, clerk or agent, or acting as servant, clerk, agent or employee had direct or...
...1974); Jones v. State,
449 So.2d 313 (Fla. 5th DCA 1984); Peterson v. State,
376 So.2d 1230 (Fla. 4th DCA 1979), cert. denied,
386 So.2d 642 (Fla. 1980). REVERSED and REMANDED FOR NEW TRIAL. DAUKSCH and FRANK D. UPCHURCH, Jr., JJ., concur. NOTES [1] Section
849.01 provides: Keeping Gambling Houses, etc....
CopyCited 4 times | Published | Supreme Court of Florida
...As appears from the record, the defendants were sentenced, in open court, to terms of 4 and 2 1/2 years, respectively. After the trial judge had adjourned the session at which these sentences were imposed, he discovered that the statute upon which the information was based provided a maximum penalty of only 3 years. Section 849.01, Florida Statutes, F.S.A....
...State, supra; (2) the affirmance of the original sentence imposed against Caminas, because it was based on a valid judgment and was a lawful sentence; (3) a reversal of the original sentence as to Collins because the sentence exceeded the maximum allowed by law, section 849.01, supra; and (4) a remand of the cause for the imposition of proper sentence....
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...840 (1931), and there must be evidence that proves every essential element of the offense charged. Hurley v. State,
43 So.2d 179 (Fla. 1949); Stewart v. State,
158 Fla. 753,
30 So.2d 489 (1947); Smith v. State, supra. In the case sub judice, the defendant was charged by information with the violation of Fla. Stat. §
849.01 (1969), F.S.A....
...That statute reads in pertinent part as follows: "Whoever ... has, keeps, exercises or maintains a gaming table, or room, or gaming implements or apparatus, or house, ... for the purpose of gaming or gambling ... shall be punished... ." Fla. Stat. § 849.01 (1969), F.S.A....
CopyCited 3 times | Published | Florida 4th District Court of Appeal
...Robert L. Shevin, Atty. Gen., Tallahassee, Nelson E. Bailey, Stephen Koons and C. Marie Bernard, Asst. Attys. Gen., West Palm Beach, for appellee. WALDEN, Judge. Appellant was tried by jury and convicted of two counts of violating the gambling statute, Section 849.01, F.S....
...may be justified." We have considered the allegations singly and in combination and from our analysis we conclude that the affidavit was insufficient to reflect probable cause of the existence of gambling in the appellant's premises as prohibited in Section 849.01, F.S....
CopyCited 3 times | Published | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 19133
...DING APPEAL PER CURIAM. This matter is before this court upon motion to review an order of the trial court denying bail pending appeal pursuant to Rule 6.15(d), F.A.R. Appellant was tried and convicted of maintaining a gambling house in violation of § 849.01, F.S.1973....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1057797
...The State seeks joint review of two orders granting Mark Cyphers' and Donna McKinney's motions to dismiss on the grounds that the statutory scheme they were charged under is unconstitutionally vague. Cyphers and McKinney (Defendants) were charged with keeping a gambling house, contrary to section
849.01, Florida Statutes (2003), and possession of coin-operated devices (slot machines), contrary to section
849.15, Florida Statutes (2003). Because sections
849.01,
849.15, and 849.161, Florida Statutes (2003), are not impermissibly vague, we reverse the trial court's orders granting Defendants' motions to dismiss and remand for further proceedings....
...ons awarded to players could only be exchanged for merchandise, excluding cash and alcoholic beverages. The trial court agreed with Defendants' constitutional vagueness challenges and dismissed the informations, finding that the language of sections
849.01,
849.15, and 849.161 does not provide adequate notice of the prohibited conduct, leading to arbitrary and selective enforcement of the law....
...coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages," not to exceed a value of seventy-five cents per game. Defendants do not argue that their conduct does not fall within the gambling prohibitions of sections
849.01 and
849.15....
...h some machines accepting up to a hundred dollar bill. We find, based on the plain and ordinary meaning of the statute, that Defendants' *474 conduct is not protected by the section 849.161(1)(a)(1) exception to the gambling prohibitions of sections
849.01 and
849.15. Accordingly, Defendants' vagueness challenge to sections
849.01,
849.15, and 849.161 must fail....
CopyCited 2 times | Published | Supreme Court of Florida
...ucted. Eventually they covertly participated with others in dice games played for money on a pool table in the back of the hall. Sylvester Bellamy, the lessee of the building, was arrested and charged with operating a gambling house contrary to *420 Section 849.01, Florida Statutes....
...tatute is unconstitutionally vague and overbroad. The motion was denied, an adjudication of guilt was rendered and Bellamy was sentenced to pay a fine of $2,500. Bellamy took a direct appeal here to present his challenge to the statute which reads: "849.01 Keeping gambling houses, etc....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2005 WL 497260
...On January 14, 2004, defendants below, John Daniel Manning, Randy L. Williamson, Bernie D. Koerner, J.C. Bryant, and Michel Delorme [collectively "Appellants"] were charged by separate amended informations with (I) keeping a gambling house, a third degree felony in violation of section
849.01, Florida Statutes; and (II) a second degree misdemeanor in violation of sections
849.15(1)(2) and
849.23, Florida Statutes....
...Appellants, all represented by the same counsel, entered pleas of not guilty and filed identical motions to dismiss the information pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). In support of dismissal, Appellants alleged: 1. The Defendant was arrested and charged with keeping a gambling house in violation F.S. 849.01....
...e, prior to operating their allegedly illegal business. 5. F.S. 849.161(1) exempts arcade amusements [sic] centers which are operated for the entertainment of the general public and tourists as a bona fide amusement facility from the provisions of F.S.
849.01,
849.15, and
849.16. Defendant's place of business operated in this exact fashion. Appellants also alleged that section
849.01 and
849.15, Florida Statutes, were unconstitutionally vague when read in conjunction with section 849.161(1)(a)1: *1254 7....
...In the Cyphers case, the State appealed the trial court's granting of the two defendants' motions to dismiss on the grounds that the statutory scheme was unconstitutionally vague.
873 So.2d at 472. The Cyphers defendants had been charged under the same statutes as in this case. The court reversed, finding that sections
849.01,
849.15 and 849.161, [1] Florida Statutes, were not impermissibly vague....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2006 WL 941752
...clusion is further buttressed by utilizing the principles of Tingley [v. Brown,
380 So.2d 1289, 1290 (Fla.1980)], and analyzing how the terms "keep" and "maintain" have been construed by an appellate court in the context of another criminal statute, section
849.01, Florida Statutes (1995), which prohibits in part the keeping or maintaining of a place for the purpose of gambling, and which part has remained virtually unchanged since its enactment in 1887....
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
...3 Only Broward County voters approved such machines at qualified pari-mutuel facilities within that county. The Legislature has the power to prohibit or regulate all other forms of gambling 4 and has prohibited most forms of gambling in Chapter 849 , Florida Statutes. For example, section 849.01 , Florida Statutes, provides: "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, ten...
CopyPublished | Florida 2nd District Court of Appeal
...bling) evinces a general intent to treat the business or profession of gambling as a felony while treating the casual or occasional act of gambling as a misdemeanor. The legislature has provided that anyone who keeps a gambling house in violation of section
849.01, Florida Statutes (1981), or engages in bookmaking in violation of section
849.25 is guilty of a felony of the third degree....
...a large scale without some of the accessories denounced by the statute. People v. Gittens, 78 Misc. 7, 137 N.Y.S. 670 (N.Y. Sup. Ct. 1912). In considering one of the felony offenses within chapter 849, i.e., keeping a gambling house in violation of section 849.01, Florida courts have consistently held that a single act of gambling is an offense separate and distinct from keeping a gambling house and have read the element of habitualness into this section....
...If a single act of gambling were to be punishable under the bookmaking section, sections
849.08,
849.11, and
849.14, Florida Statutes (1981), would lose their force because the state could always prosecute a single act of gambling as a felony under section
849.25, or if the gambling occurred on someone's premises, under section
849.01....
CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 15683
BERANEK, Judge. In this appeal defendant seeks reversal of his conviction of keeping a gambling house. We affirm. Defendant was tried in the Circuit Court and a jury found him guilty of this charge under Section 849.01, Florida Statutes (1977)....
...n compliance with Section 849.093, Florida Statutes (1977). The defendant moved to dismiss the information and urged that the charge against him was actually a misdemeanor instead of a felony and that the case should have been filed in County Court. Section 849.01, Florida Statutes (1977), provides that a violation thereof *447 is a third degree felony....
...2 The basic question is whether there is a difference between the felony charge of keeping a gambling house and the misdemeanor charge of knowingly engaging in an improper bingo game. Appellant argued below and rear-gues here that Sections 849.093 and 849.01, Florida Statutes (1977), proscribe the identical crime. He thus maintains the statutes are vague and he should be charged under the misdemeanor provisions of Section 849.-093 rather than the felony provisions of Section 849.01....
...This Court reversed finding the matter properly charged in Circuit Court as a felony because the felony statute required proof of an additional element. We reach a similar conclusion here that appellant was properly charged with a felony because the two gambling statutes, Sections 849.093 and 849.01, are different in that Section 849.093 is a specialized exception to the general prohibition against gambling....
...for the application of the Section 849.093 exception. An individual who is not such a “worthy organization” may not have the benefit of the bingo statutory exception. If such an individual operates a bingo game and violates the other elements of Section 849.01, he may be found guilty of keeping a gambling house....
...In conclusion we find the evidence was sufficient to support the felony conviction herein and that the trial court did not err in refusing to transfer the matter to the County Court as a misdemeanor. AFFIRMED. MOORE, J., and MELVIN, WOODROW M., Retired, Associate Judge, concur. . 849.01 Keeping gambling houses, etc....
CopyPublished | District Court of Appeal of Florida
of keeping a gambling house as set forth in section
849.01, Fia.Stat., F.S.A. He has appealed from the
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 16830
...This is a criminal prosecution for maintaining a gambling house. The defendant was convicted as charged and appeals. The issue presented for review is whether an apartment controlled by the defendant and frequented by no one other than the defendant is a gambling house proscribed by Section
849.01, Florida Statutes (1975), when the defendant habitually takes bets by telephone at the apartment from outsiders on various sporting events. We hold that such an apartment cannot be a gambling house as condemned by Section
849.01, Florida Statutes (1975), and reverse. The defendant Alfie Mart was charged by information with one count of maintaining a gambling house in violation of Section
849.01, Florida Statutes (1975), and three counts of bookmaking in violation of Section
849.25, Florida Statutes (1975), before the Circuit Court for the Eleventh Judicial Circuit of Florida....
...s denied. The jury convicted the defendant of maintaining a gambling house and acquitted him of the bookmaking charges. The trial court sentenced the defendant to one year in the county jail. The defendant was charged with and convicted of violating Section 849.01, Florida Statutes (1975), which provides in relevant part as follows: “Whoever ....
...State,
157 Fla. 751 ,
26 So.2d 898 (1946), the evidence here is totally lacking to sustain such a verdict because the apartment was never maintained or kept for people to assemble and gamble therein. As such, the apartment can not be a gambling house under Section
849.01, Florida Statutes (1975)....
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4391
PEARSON, Judge. The appellant was convicted of bookmaking and operating a gambling room. This appeal concerns itself only with the conviction for the operation of a gambling room, which was charged pursuant to § 849.01, Fla.Stat....
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
prohibition against keeping a gambling house. Section
849.01, Florida Statutes, states: "Whoever by herself
CopyPublished | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 5196
with maintaining a gambling room in violation of §
849.01, Fla.Stat., F.S.A., was filed. This information
CopyPublished | District Court of Appeal of Florida
PER CURIAM. August Anthony Paolercio was informed against for the offense of “operating a gambling room.” This is a statutory crime under § 849.01, Fla.Stat., F.S.A., which reads as follows: “849.01 Keeping gambling houses, etc....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
...Do adult arcades, adult amusement centers, or other similar facilities which maintain, operate or utilize amusement games or machines which may operate by means of the insertion of a coin, but also may operate by means of insertion of paper currency of various denominations, violate sections
849.01 and
849.15 , Florida Statutes, since section 849.161 (1)(a)1., Florida Statutes, refers only to such machines which operate by insertion of a coin? 2....
...hanged at the arcade for gift certificates which may be exchanged off premises at other businesses for merchandise that includes alcoholic beverages, or cash which is provided for the purchase of some item of nominal value, and thus violate sections
849.01 and
849.15 , Florida Statutes? Question One Section
849.01 , Florida Statutes, prohibits a person from keeping a gambling house....
...mes or machines for which the receipt of a prize is dependent on any element of chance and which may operate by means of the insertion of a coin, but also may operate by means of insertion of paper currency of various denominations, violate sections
849.01 and
849.15 , Florida Statutes, since section 849.161 (1)(a)1., Florida Statutes, permits machines which operate by insertion of a coin only....
...hanged at the arcade for gift certificates which may be exchanged off premises at other businesses for merchandise that includes alcoholic beverages, or cash which is provided for the purchase of some item of nominal value, and thus violate sections
849.01 and
849.15 , Florida Statutes. Sincerely, Charlie Crist Attorney General CC/tjw 1 Section
849.01 , Fla....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5742
...By an information the appellant was charged with operating a gambling house and with bookmaking. He was tried before the court and found and adjudged guilty. This appeal challenges only the conviction of operating a gambling house. That offense, as defined in § 849.01 Fla.Stat., F....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1396, 1989 Fla. App. LEXIS 3276, 1989 WL 61534
with keeping a gambling house in violation of Section 849.-01, Florida Statutes (1985). Unfortunately, after
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5465
HOBSON, Judge. The appellee-defendant, James Leslie Schell, was informed against in the Circuit Court for the felony of violation of gambling laws under Fla.Stat. 849.01, F.S.A., said information stating in part: “* * * [0]n the 21st day of October in the year of our Lord, one thousand nine hundred sixty-six, in the County and State aforesaid, did then and there unlawfully and feloniously have, keep, exercis...
...ge of bookmaking under Fla.Stat.
849.25(2), F.S.A. The bookmaking charge to which Schell plead guilty alleged that he had on October 14, 1966 placed a bet on a football game with one Robert France. Schell filed a motion in the charge under Fla.Stat.
849.01, F.S.A., to suppress all evidence of any kind obtained prior to and including October 14, 1966 (the date of the bookmaking offense) on the ground that he had been convicted of the bookmaking offense on said date based upon the same evidence which the State proposed to use in the prosecution of the felony under Fla.Stat.
849.01, F.S.A....
...Schell argued that the use of such evidence would put him in jeopardy for the second time for the same offense because the conviction of bookmaking is a lesser included offense of the felony of maintaining a gambling house and gambling implements under 849.01....
...The trial court held that Schell would be twice placed in jeopardy for the same offense if one betting card and its corresponding entry on the recapitulation record, which were the basis of the charge of bookmaking on October 14, 1966, were allowed to be introduced at the trial of the felony offense under Fla.Stat. 849.01, F.S.A....
...This entire appeal can be disposed of by the determination of one point of law, which is, whether or not the offense of bookmaking under Fla.Stat.
849.25(2), F.S.A. is a lesser included offense of maintaining a gambling house and gambling implements under Fla.Stat.
849.01, F.S.A....
...not argued in his brief. In answer to the only question involved herein, we hold that an offense of bookmaking under Fla.Stat.
849.25(2), F.S.A. is not a lesser included offense of maintaining a gambling house and gambling implements under Fla.Stat.
849.01, F.S.A. It has been held time and again in this jurisdiction that the purpose and intent of Fla.Stat.
849.01, F.S.A....
...upport defendant’s conviction under Section 973 of the Penal Law. The judgment .of conviction should be reversed and the indictment dismissed.” See also 38 C.J.S. Gaming § 90, p. 154. In view of the fact that the purpose and intent of Fla.Stat. 849.01, F.S.A., is to prohibit not gaming or gambling itself but to prohibit keeping of a house or .other place for any manner of gaming or gambling and the purpose and intent of Fla.Stat....
CopyAgo (Fla. Att'y Gen. 2008).
Published | Florida Attorney General Reports
recognized as gambling within the terms of section
849.01, Florida Statutes.5 Section
849.0931, Florida
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 6134
against the prize offered by the operator. Section
849.01 of the Florida Statutes, F.S.A. provides as
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 370, 1985 Fla. App. LEXIS 12342
...l tournament actually took place. On the contrary, appellant’s evidence is uncontra-dicted that one of its officers took positive action to insure that the tournament would not take place. Finally, under count 8 of the show cause order relating to Section 849.01’s prohibition against “keeping gambling houses,” this section requires a showing of the element of habitualness in connection with the use of the premises for gambling....
CopyPublished | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 15042
...ise assisting in the acceptance or placing of money bets on athletic contests in a dwelling over which they directly or indirectly had charge, control, or management, located at 3475 Northwest 17th Terrace, Apartment # B, Oakland Park, contrary to F.S. 849.01 and F.S....
...therwise assisting in the acceptance or placing of money bets on athletic contests in a dwelling over which they directly or indirectly had charge, control, or management, located at 7111 Environ Boulevard, Apartment # 111, Lauderhill, contrary to F.S. 849.01 and F.S....
...se assisting in the acceptance or placing of money bets on athletic contests in a dwelling over which they directly or indirectly had charge, control, or management, located at 720 Northeast 2nd Street, Apartment # 3, Fort Lauder-dale, contrary to F.S. 849.01 and F.S....
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 16950
OTT, Acting Chief Judge. The state here appeals the dismissal of the information charging appellee Ferguson with permitting another person to engage in a game of cards on his premises, an offense prohibited by Section 849.01, Florida Statutes (1975) (keeping gambling houses, etc.)....
...or gambling, and that because such habitual use was not alleged in the information, dismissal of the information was required. We hold that habitual use of the concerned premises for gambling is not an element of the offense under the second part of Section 849.01, *789 Florida Statutes with which appellee was charged. We therefore reverse. Section 849.01, Florida Statutes (1975) provides: Whoever by himself, 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...
...s home, hunting camp, boat, etc. as a felony gambling offense— particularly since §§
849.08,
849.11 and 849.-14, Florida Statutes seem to be more directly concerned with such offenses as misdemeanors. The Florida Supreme Court has recently ruled
849.01 was not unconstitutionally vague or overbroad in the case of Bellamy v. State,
347 So.2d 419 (Fla.1977). As to the first part of
849.01 the supreme court further strengthened the requirement of habitualness in its recent decision in Schultz v....
CopyPublished | District Court of Appeal of Florida
...offense to have been a misdemeanor. However, the second count of the information against Donofrio charged conspiracy to commit the same offense as charged in the first count, that of feloni-ously keeping and maintaining a gambling house, pursuant to section 849.01, Florida Statutes, F.S.A....
CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4773
PEARSON, Judge. The appellants were found guilty of maintaining a gambling room in contravention of the law as set forth in § 849.01, Fla.Stat., 1963, F.S.A....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 5, 2024
...Relevant here are Counts One through Four.3
1 The Third Judicial Circuit consists of seven counties: Columbia, Dixie, Ham-
ilton, Lafayette, Madison, Suwannee, and Taylor.
2 Siegmeister charged Tong and two of his associates with violating Florida
Statute § 849.01, a third-degree felony punishable by imprisonment for a term
of up to five years.
3 Not relevant are the eight counts that were lodged only against Siegmeister.
Count Five: Siegmeister conspired with a defense attorney (not O’Steen), in
violation of 18 U.S.C....
...ke.”
On February 12, 2018, Siegmeister filed an information in
the Circuit Court of Columbia County charging Andy Tong and
two of his associates with “keeping a gambling house” in violation
of Fla. Stat. § 849.01....
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Mar 5, 2024
...Relevant here are Counts One through Four.3
1 The Third Judicial Circuit consists of seven counties: Columbia, Dixie, Ham-
ilton, Lafayette, Madison, Suwannee, and Taylor.
2 Siegmeister charged Tong and two of his associates with violating Florida
Statute § 849.01, a third-degree felony punishable by imprisonment for a term
of up to five years.
3 Not relevant are the eight counts that were lodged only against Siegmeister.
Count Five: Siegmeister conspired with a defense attorney (not O’Steen), in
violation of 18 U.S.C....
...ke.”
On February 12, 2018, Siegmeister filed an information in
the Circuit Court of Columbia County charging Andy Tong and
two of his associates with “keeping a gambling house” in violation
of Fla. Stat. § 849.01....
