Arrestable Offenses / Crimes under Fla. Stat. 849.14
S849.14 - GAMBLING - RENUMBERED. SEE REC # 9540 - M: S
CopyCited 43 times | Published | District Court, M.D. Florida | 1972 U.S. Dist. LEXIS 14400
...As a corollary argument, defendants point out the offenses charged in the indictment do not carry a sentence of more than a year. Specifically subsections (e), (f), (g), (h), (i), (j), and (k) of Florida Statutes §
849.09(1), F.S.A., Florida Statutes §
849.14; and Florida Statutes §
849.25 all carry maximum sentences of less than one year....
CopyCited 38 times | Published | Supreme Court of Florida
...ns relative thereto to the exclusion of the state authority; and that by basing Count I of the complaint upon alleged violation of Section
501.204, Florida Statutes, is indirectly alleging that the questioned word puzzle contests are in violation of Section
849.14, Florida Statutes, and to say this is a denial of Rogers' right to equal protection under the law....
...r 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 upon the result of any trial or contest of skill, speed, power, or endurance of man or beast condemned by Section 849.14, Florida Statutes, but rather is the playing of a game in a contest of skill for a prize....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 1988 WL 26257
...ion and article I, section 9, of the Florida *723 Constitution. [17] The appellants devoted a substantial portion of their argument to the point that the conduct prohibited as a felony in section
849.25 and the conduct prohibited as a misdemeanor in section
849.14 are essentially identical, thus rendering section
849.25 susceptible to arbitrary and discriminatory application....
CopyCited 7 times | Published | Supreme Court of Florida | 1988 WL 20971
...4th DCA 1987), in which the district court held that section
849.25, Florida Statutes (1985), dealing with bookmaking, "is constitutionally invalid as a due process and equal protection violation to the extent that it permits the prosecution as a felony of the same conduct treated as a misdemeanor by section
849.14, Florida Statutes (1985)." Id....
...[1] These charges arose from Cogswell's allegedly receiving nine football betting cards, along with thirtyfour dollars. Cogswell filed a motion to declare section
849.25 unconstitutional, claiming that the conduct proscribed by that section, a felony, was indistinguishable from the conduct proscribed by section
849.14, [2] a misdemeanor....
...upon the offender. Id. (citations omitted). In upholding the constitutionality of section
849.25, Florida Statutes (1985), we are mindful that the act has been amended by the 1987 legislature to include more elements and to clearly separate it from section
849.14, Florida Statutes (1985)....
...nishable as provided in s.
775.082, s.
775.083, or s.
775.084. Notwithstanding the provisions of s.
948.01, any person convicted under the provisions of this subsection shall not have adjudication of guilt suspended, deferred, or withheld. ... . [2] Section
849.14 provides:
849.14....
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 23 Fla. L. Weekly Fed. B 417, 2012 Bankr. LEXIS 4018
...a transferee that takes for value, including satisfaction or securing of a present or antecedent debt, in good faith, and without knowledge of the voidability of the transfer avoided 11 U.S.C. § 550 (a)(2) and (b)(1) (emphasis added). . Fla. Stat. § 849.14 states that: Whoever stakes, bets or wagers any money or other thing of value upon the result of any trial or contest of skill, speed or power or endurance of human or beast, or whoever receives in any manner whatsoever any money or other t...
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...." The trial court granted each defendant's motion to dismiss on the ground that the information failed to charge the defendants with felonies and thus it was without jurisdiction. We reverse. *479 The trial court noted the similarity between sections
849.25(1) [1] and
849.14 [2] , Florida Statutes (1979), the misdemeanor betting statute, and opined that neither statute makes a distinction between professional and occasional betting....
...Thus, the court perceived that the statutes do not afford a person charged with violating these terms proper notice of what acts are proscribed. It held that the state's failure to specifically allege the acts which charged more than simple gambling as prohibited by section 849.14 failed to charge felonies....
...on the result of any trial or contest of skill, speed, power, or endurance of man or beast or between men, beasts, fowl, motor vehicles, or mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent event whatsoever. [2] Section 849.14 provides: Whoever stakes, bets or wagers any money or other thing of value upon the result of any trial or contest of skill, speed or power or endurance of man or beast, or whoever receives in any manner whatsoever any money or other t...
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 750
...We affirm and note our agreement with the trial court that section
849.25, Florida Statutes (1985) is constitutionally invalid as a due process and equal protection violation to the extent that it permits the prosecution as a felony of the same conduct treated as a misdemeanor by section
849.14, Florida Statutes (1985)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1989 WL 12440
...ation, and were subsequently charged with racketeering in violation of Section
895.03(2), Florida Statutes, [2] a first degree felony. The RICO charges were based upon predicate acts consisting of second degree gambling misdemeanors, in violation of section
849.14, [3] Vickery and Nunnari having committed 18 and 29 such acts, respectively....
...ted States and State of Florida Constitutions, by the legislature impermissibly delegating basic policy decisions, absent ascertainable standards, to the prosecutor, giving him the unbridled discretion to pursue either a misdemeanor conviction under section
849.14 for each separate gambling incident, or a felony conviction under section
895.03 for the entire gambling episode....
...1988), in which the defendant contended that section
849.25 [4] (bookmaking) was unconstitutional as violative of the due process and equal protection clauses, because the statute authorized the prosecution of bookmaking as a felony, which same conduct could be treated as a gambling misdemeanor under section
849.14....
...to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit: (a) Any crime which is chargeable by indictment or information under the following provisions of the Florida Statutes: * * * * * * (24) Section
849.09, s.
849.14, s....
...ing characteristics and are not isolated incidents, provided at least one of such incidents occurred after the effective date of this act and that the last of such incidents occurred within 5 years after a prior incident of racketeering conduct. [3] Section 849.14, Florida Statutes (1985), provides: 849.14 Unlawful to bet on result of trial or contest of skill, etc....
CopyCited 1 times | Published | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4310
...Gambling, while regulated by statute, is not prohibited by the Florida Constitution, although lotteries are. Fla.Const., art. III, § 23, F.S.A. A survey of F.S.A. ch. 849 reveals that, with one exception, the pro *609 hibited activities involve games of chance. See, e.g., F.S.A. §§
849.04,
849.08,
849.11. The exception is §
849.14 which declares it unlawful to bet on the result of a trial or contest of skill. The questions for our determination are (1)- are the games enumerated ones of skill or chance and (2) if the former, are they nevertheless prohibited by F.S.A. §
849.14? There is evidence of a legislative distinction between games of chance, which are prohibited, and games of skill, which are not....
...ions organized and operated under the provisions of F.S.A. ch. 616. As a corollary we find the legislature was saying that these specified games were, prima facie, games of skill thereby impliedly answering our first question. We turn next to F.S.A. § 849.14 which prohibits betting on the result of a trial or contest of skill....
...It is the defendant’s contention that the playing of these midway games falls unquestionably within the bounds of this provision, Defendant’s position is arguable. But the more logical interpretation is that the legislature intended by enacting F.S.A. § 849.14 to proscribe “wagering” on the results of ball games, races, prize fights and the like as opposed to “playing” games of skill for prizes....
CopyPublished | Florida 2nd District Court of Appeal
...itualness into this section. Ferguson v. State . We now hold that the bookmaking statute is also not applicable to a single act of gambling. 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....
...One who makes a private bet is not a bookmaker in the commonly accepted meaning of that term. Board of Commissioners v. Grodecki, 21 N.J. Misc. 241, 33 A.2d 115 (Essex County Ct. 1943). One who makes a private bet or wager, either by offering to bet, or by accepting a bet may be guilty of violating section 849.14 without engaging in bookmaking....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 17591
...as culpable as the bookmaker himself and would be subject to prosecution for a second degree felony. This result cannot have been intended since there are separate statutes specifically covering bettors as distinct from bookmakers. (See for example Section
849.14) Further, if the State’s interpretation is accepted, the first part of Section
849.25(3) which makes it a second degree felony to engage in bookmaking to the extent that in any one day the bookmaker receives or accepts more than five bets would be meaningless....
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
element of chance do not constitute lotteries.3 Section
849.14, F.S., however, makes it unlawful to "stake
CopyAgo (Fla. Att'y Gen. 1991).
Published | Florida Attorney General Reports
...pay a fee for the opportunity to select actual professional sports players to make up a fantasy team whose actual performance statistics result in cash payments to the contestants with the best fantasy team violate Florida's gambling laws? SUMMARY: Section 849.14 , F.S., prohibits the operation of and participation in a fantasy sports league whereby contestants pay an entry fee for the opportunity to select actual professional sports players to make up a fantasy team whose actual performance st...
...involved. It might well be argued that skill is involved in the selection of a successful fantasy team by requiring knowledge of the varying abilities and skills of the professional football players who will be selected to make up the fantasy team. Section 849.14 , F.S., however, provides in part: Whoever stakes, bets or wagers any money or other thing of value upon the result of any trial or contest of skill, speed or power or endurance of man or beast ....
...zes are paid to the contestants based upon the performance of the individual professional football players in actual games. Accordingly, I am of the opinion that the operation of a fantasy sports league such as described in your letter would violate s. 849.14 , F.S....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 6134
...— Trade standards for the operation of shows and amusement devices in connection with public fairs and expositions are as follows : * * * ” Thereafter the statute sets forth some twenty-three games by name or description and sets forth standards by which they must be played. Section 849.14, Fla.Stat., F.S.A., states as follows: “849.14 UNLAWFUL TO BET ON RESULT OF TRIAL OR CONTEST OF SKILL, ETC....
...g. In the fourth “Conclusion of Law,” the chancellor finds as follows: “4. Even assuming that Section 616.091, Florida Statutes, was intended by the Legislature to remove certain games involving the skill of the player from the condemnation of Section 849.14, Florida Statutes, the games in controversy here would still come within the purview of the gambling laws....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...of several sports teams, with the chance of winning a sum from a portion of that collected by the organization, based upon the points scored by the teams on the ticket purchased, and determined by the winning teams during their weekly play, violate section 849.14 , Florida Statutes? In sum: The purchase of a ticket containing the names of several sports teams selected at random violates section 849.14 , Florida Statutes, when the winning ticket is determined by the sports teams that have scored the most points during the designated time period and the prize is paid from the proceeds from ticket sales....
...not constitute lotteries. 2 This office has stated that various sports contests such as golf or bowling tournaments or football and baseball games appear to be predomi-nately contests of skill even though an element of chance may also be involved. 3 Section 849.14 , Florida Statutes, provides in part: Whoever stakes, bets or wagers any money or other thing of value upon the result of any trial or contest of skill, speed or power or endurance of man or beast ....
...Moreover, such money has been staked, wagered or bet on the result of a contest of skill. While the ticket purchaser does not choose the teams, the prizes are paid to the ticket holder based upon the performance of the teams. Therefore, I am of the opinion that the operation of such a contest would violate section 849.14 , Florida Statutes....
