CopyCited 75 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230
...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....
...ts beyond a reasonable doubt: Elements 1. (Defendant), a. [in person or by a servant, clerk or agent,] Give 1b if b. [acting as servant, clerk, agent or employee of applicable another,] under F.S. had a substantial degree of control over and kept or 849.02 maintained (place or articles alleged)....
...t the premises were kept or maintained for the purpose of gambling. Give if A servant, clerk, agent or employee of another who keeps applicable or maintains property for the purpose of gambling is under F.S. equally guilty with [his] [her] employer. 849.02 Definition "Gambling" is a game of chance in which the participant risks money or property on the outcome with the expectation of gaining or losing as a result of the game....
...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 Permitting minors and persons None Permitting gambling under guardianship to gamble and billiard or
849.04 pool table by holder of license
849.07 Playing at games of chance by lot
849.11 [Page A-85] *1263 CHARGED OFF...
