Florida Statute 849.085 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

View Entire Chapter

849.085 Certain penny-ante games not crimes; restrictions.—

(1) Notwithstanding any other provision of law, it is not a crime for a person to participate in a game described in this section if such game is conducted strictly in accordance with this section.

(2) As used in this section:

(a) “Penny-ante game” means a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value.

(b) “Dwelling” means residential premises owned or rented by a participant in a penny-ante game and occupied by such participant or the common elements or common areas of a condominium, cooperative, residential subdivision, or mobile home park of which a participant in a penny-ante game is a unit owner, or the facilities of an organization which is tax-exempt under s. 501(c)(7) of the Internal Revenue Code. The term “dwelling” also includes a college dormitory room or the common recreational area of a college dormitory or a publicly owned community center owned by a municipality or county.

(3) A penny-ante game is subject to the following restrictions:

(a) The game must be conducted in a dwelling.

(b) A person may not receive any consideration or commission for allowing a penny-ante game to occur in his or her dwelling.

(d) A person may not solicit participants by means of advertising in any form, advertise the time or place of any penny-ante game, or advertise the fact that he or she will be a participant in any penny-ante game.

(e) A penny-ante game may not be conducted in which any participant is under 18 years of age.

(4) A debt created or owed as a consequence of any penny-ante game is not legally enforceable.

(5) The conduct of any penny-ante game within the common elements or common area of a condominium, cooperative, residential subdivision, or mobile home park or the conduct of any penny-ante game within the dwelling of an eligible organization as defined in subsection (2) or within a publicly owned community center owned by a municipality or county creates no civil liability for damages arising from the penny-ante game on the part of a condominium association, cooperative association, a homeowners’ association as defined in s. 720.301, mobile home owners’ association, dwelling owner, or municipality or county or on the part of a unit owner who was not a participant in the game.

History.—s. 1, ch. 89-366; s. 33, ch. 91-197; s. 1358, ch. 97-102; s. 12, ch. 99-382; ss. 58, 70, ch. 2000-258.

F.S. 849.085 on Google Scholar

F.S. 849.085 on CourtListener

Amendments to 849.085

Annotations, Discussions, Cases:

Cases Citing Statute 849.085

Total Results: 8 | Sort by: Relevance | Newest First

Copy

Stand. Jury Instructions-Crim. Cases, 603 So. 2d 1175 (Fla. 1992).

Cited 75 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 400, 1992 Fla. LEXIS 1220, 1992 WL 148230

...Note to If there is evidence of the exception referred to in Judge F.S. 849.093 and .085, an appropriate instruction should be given. Explanation of amendments: This instruction is on page 199 of the manual. The addition of "and .085" is to ensure that F.S. 849.085 is not overlooked....

Copy

Florida House of Representatives v. Crist, 999 So. 2d 601 (Fla. 2008).

Cited 16 times | Published | Supreme Court of Florida | 2008 WL 5642083

...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....

Copy

Lane v. Mra Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002).

Cited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

...r the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor's parent"). [48] See Fla. Stat. § 24.1055. [49] See Fla. Stat. § 849.0931. [50] See Fla. Stat. § 849.085....

Copy

Kennel Club v. Dept. of Bus., 719 So. 2d 1210 (Fla. 2d DCA 1998).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 1998 WL 552426

...The legislature in section 849.086, Florida Statutes (Supp.1996), authorized pari-mutuel facilities to operate cardrooms. This statute is known as the Cardroom Act. The definition portion of this statute states: "`Authorized games' means only those games authorized by s. 849.085(2)(a) and which are played in a nonbanking manner." § 849.086(2)(a), Fla. Stat. (Supp.1996). Thus, the Cardroom Act does not set forth a definition for "authorized games" but merely refers one to another statute, namely section 849.085(2)(a). Section 849.085(2)(a) reads: "`Penny-ante game' means a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value." § 849.085(2)(a), Fla....

Copy

Ppi, Inc. v. Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagring, 698 So. 2d 306 (Fla. 3d DCA 1997).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 1997 Fla. App. LEXIS 8630

...Prohibition of Tournaments We affirm the administrative law judge's determination that a tournament in which each player competes to win the most tournament script is a single "game," and is thus prohibited, as the winner could receive more than $10.00 in winnings in violation of Chapter 849. [1] Section 849.085(2)(a), Florida Statutes (1995), defines a "penny-ante game" as "a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value." Section 849.086(8)(b), Florida Statutes (Supp....

Copy

Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagering v. Dania Ent. Ctr., LLC, 229 So. 3d 1259 (Fla. 1st DCA 2017).

Cited 1 times | Published | Florida 1st District Court of Appeal

...The ALJ relied on St. Petersburg Kennel Club v. Department of Business & Professional Regulation, Division of Pari-Mutuel Wagering, 719 So. 2d 1210, 1211 (Fla. 2d DCA 1998), in which the Second District held a rule defining “poker” in the context of sections 849.085 and 849.086 exceeded the Division’s rulemaking authority....

...The Second District reversed the denial of the applications because they were based on the invalid rule and remanded. Id. at 1212. On remand, the Division again denied approval of the games, and the Second District affirmed, reasoning that “conformity of games specified under section 849.085(2)(a) ....

Copy

Florida House of Representatives v. Crist, 990 So. 2d 1035 (Fla. 2008).

Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 437, 2008 Fla. LEXIS 1220, 2008 WL 2669767

...ce, 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....

Copy

St. Petersburg Kennel Club v. Dep't of Bus. & Prof'l Reg., Div. of Pari-Mutuel Wagering, 757 So. 2d 1240 (Fla. 2d DCA 2000).

Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 4761, 2000 WL 485544

by and played in a manner consistent with Section 849.085(2)(a) and Section 849.086, Florida Statutes

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.