Florida/Georgia Personal Injury & Workers Compensation

...[11] Defendants contend that conducting a lottery is not "gambling" within the meaning of the Florida wiretap law, specifically Section 934.07 which permits wire interception for the "offense of ... gambling." [12] They insist that the only Florida statute dealing with gambling is Section 849.08, which provides for the punishment of anyone who plays "in any game at cards, keno, roulette, faro or other game of chance." [13] This Court cannot adopt the view that Congress and the Florida Legislature enacted such comprehensive legislation simply to strike out at organized poker games....

...[15] Thus, the defendants would suggest that a federal intercept order could have issued to investigate their alleged lottery business in Florida but the state order was inappropriate. This Court must conclude that the Florida Legislature did not intend to limit the scope of monitoring to Florida Statute § 849.08 violations. Its use of the term "gambling" was in the generic sense and was meant to include any offense which could be construed as gambling. Chapter 849, Florida Statutes, of which Section 849.08 is a part, is entitled "gambling" and deals with, inter alia, lottery, keeping of gambling houses, bookmaking, and manufacturing of gambling devices....

...[11] Florida Statutes § 849.09 makes it unlawful to promote, conduct, set up, advertise, assist, attempt to operate, possess any equipment or tickets for, sell or assist in the sale of tickets for, or possess any advertising for any lottery or lottery drawing. [12] Supra note 2. [13] § 849.08....

...[15] As used in 18 U.S.C. § 1955: (b) (1) "illegal gambling business" means a gambling business which — (i) is a violation of a law of a State or political subdivision in which it is conducted. [16] Fla.Stat. § 934.07, F.S.A. supra, note 2. [17] Fla.Stat. § 849.08, F.S.A....

...as a matter of law, the trial judge entered final judgment in favor of appellee dismissing the amended complaint against appellee. The trial judge found that the word puzzle game or contest as described in the amended complaint is not a violation of Section 849.08, Florida Statutes, prohibiting games of chance for money or other things of value but rather is a scheme to compete for a purse, prize, or premium in a contest of skill; that the contest is not a scheme involving a stake, bet or wager...

...Florida law distinguishes between nonbanked (Class II) card games and banked (Class III) card games. [9] A "banking game" is one "in which the house is a participant in the game, taking on players, paying winners, and collecting from losers or in which the cardroom establishes a bank against which participants play." § 849.086(2)(b); see § 849.086(1), Fla. Stat. (deeming banked games to be "casino gaming"). Florida law authorizes cardrooms at pari-mutuel facilities for games of "poker or dominoes," but only if they are played "in a nonbanking manner." § 849.086(2), Fla. Stat.; see § 849.086(1)-(3). Florida law prohibits banked card games, however. See § 849.086(12)(a), (15)(a)....

...[9] Chapter 849, Florida Statutes (2007), regulates most gaming. It prohibits playing "any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value," designating it a second-degree misdemeanor. § 849.08, Fla. Stat. (2007). Certain "penny-ante games" are exempted when "conducted strictly in accordance" with the law. § 849.085, Fla....

...art Levanthal, Bernard Shaktman, and John DeBlasio — entered nolo contendere pleas to felony charges pursuant to section 849.25. The remaining eleven appellants entered pleas of nolo contendere to the misdemeanor offense of gambling in violation of section 849.08, Florida Statutes (1983)....

...ary to their position. State v. Cogswell, 521 So.2d 1081 (Fla. 1988). III. EFFECT ON PLEAS AND SENTENCES The validity of the nolo contendere pleas entered by eleven of the appellants [18] to the reduced misdemeanor charge of gambling in violation of section 849.08, Florida Statutes (1983), is unaffected by the Florida supreme court's approval of section 849.25 as constitutional....

...[18] Appellants Milton Julius Shapiro, Eli Lee Shapiro, Alan Scott Tabb, Nicholas Sklaroff, Lewis Allen Mart, Robert Simon, Stanley Lawrence, Lawrence Levine, Sam Levanthal, Lawrence Sokoloff, and Nick Satin all pled nolo contendere to misdemeanor gambling in violation of section 849.08, Florida Statutes (1983).

...rd degree, punishable as provided in s. 775.082 , s. 775.083 , or s. 775.084." While Chapter 849 , Florida Statutes, authorizes cardrooms located at licensed pari-mutuel facilities where only poker or dominoes may be played in a nonbanking manner, 5 section 849.08 , entitled "Gambling," states: "Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value, shall be guilty of a misdemeanor of the second degree, punishable as provided in s....

...Stat., regulating the slot machines authorized pursuant to Article X , section 23 , Florida Constitution. 4 See Seminole Tribe of Florida v. Butterworth , 658 F.2d 310 (5th Cir. 1981), cert. denied , 455 U.S. 1020 , 102 S. Ct. 1717 , 72 L. Ed. 2d 138 (1982). 5 See s. 849.086 (2)(a), Fla. Stat., defining "Authorized game." And see s. 849.085 , Fla....

...Subsection (3) states that "[t]he provisions of this section do not apply to bingo as provided for in s. 849.0931 " which authorizes the playing of bingo under the circumstances set forth therein. 2 See, Art. X , s. 7 , Fla. Const. 3 See, Art. X , s. 15 , Fla. Const. 4 Section 849.08 , Fla....

appropriate judicial circuit.1 Question Two Section 849.08, Florida Statutes, provides: "Whoever plays

...ision empowering counties to conduct referenda on a particular' subject. Here, no relevant analogous constitutional authority exists regarding the subject of slot machine, gaming. As the Division points out, in Florida gambling is generally illegal. Section 849.08, Florida Statutes (2013), provides that “game[s] of chance” are illegal....

...Subsection (3) states that "[t]he provisions of this section do not apply to bingo as provided for in s. 849.0931 " which authorizes the playing of bingo under the circumstances set forth therein. 2 See, Art. X , s. 7 , Fla. Const. 3 See, Art. X , s. 15 , Fla. Const. 4 Section 849.08 , Fla....

...Mclver (“the Respondent”) hereby stipulate for the purposes of this inquiry as follows: 1. On June 17, July 1, and July 8,1993, [the Respondent] participated in card games for amounts exceeding the statutory limits of ten dollars ... per hand in violation of [section] 849.08, Florida Statutes, and that he was found guilty of three misdemeanor gambling charges filed against him as a result of his participation in those card games....

Const. 3 See Art. X, s. 15, Fla. Const. 4 Section 849.08, Fla. Stat. 5 See, e.g., Creash v. State, 179

...Florida law distinguishes between nonbanked (Class II) card games and banked (Class III) card games. 9 A “banking game” is one “in which the house is a participant in the game, taking on players, paying winners, and collecting from losers or in which the cardroom establishes a bank against which participants play.” § 849.086(2)(b); see § 849.086(1), Fla. Stat. (deeming banked games to be “casino gaming”). Florida law authorizes card-rooms at pari-mutuel facilities for games of “poker or dominoes,” but only if they are played “in a nonbanking manner.” § 849.086(2), Fla. Stat.; see § 849.086(1)-(3). Florida law prohibits banked card games, however. See § 849.086(12)(a), (15)(a)....

...Chapter 849, Florida Statutes (2007), regulates most gaming. It prohibits playing “any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value," designating it a second-degree misdemeanor. § 849.08, Fla. Stat. (2007). Certain "penny-ante games” are exempted when "conducted strictly in accordance” with the law. § 849.085, Fla....

...Accordingly, that evidence does not establish that any bets regarding the football game were taken or received within the lodge so as to make out a violation of Section 849.25(1), Florida Statutes (1981). For similar reasons, the evidence the DBR suggests supports a violation of Section 849.08 is insufficient to support such a charge....