(1) Any person who knowingly and designedly by false representation attempts to, or does persuade, procure or cause another person to wager on a horse in a race to be run in this state or elsewhere, and upon which money is wagered in this state, and who asks or demands compensation as a reward for information or purported information given in such case is a tout, and is guilty of touting.
(2) Any person who is a tout, or who attempts or conspires to commit touting, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Any person who in the commission of touting falsely uses the name of any official of the Florida Gaming Control Commission, its inspectors or attaches, or of any official of any racetrack association, or the names of any owner, trainer, jockey, or other person licensed by the Florida Gaming Control Commission, as the source of any information or purported information shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Any person who has been convicted of touting by any court, and the record of whose conviction on such charge is on file in the office of the Florida Gaming Control Commission, any court of this state, or of the Federal Bureau of Investigation, or any person who has been ejected from any racetrack of this or any other state for touting or practices inimical to the public interest shall be excluded from all racetracks in this state and if such person returns to a racetrack he or she shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any such person who refuses to leave such track when ordered to do so by inspectors of the Florida Gaming Control Commission or by any peace officer, or by an accredited attache of a racetrack or association shall be guilty of a separate offense which shall be a misdemeanor of the second degree, punishable as provided in s. 775.083.
History.—ss. 1-4, ch. 24344, 1947; s. 10, ch. 26484, 1951; s. 1, ch. 67-233; s. 2, ch. 71-98; s. 869, ch. 71-136; s. 1257, ch. 97-102; s. 64, ch. 2022-7.
Structure Florida Statutes
Chapter 817 - Fraudulent Practices
Part I - False Pretenses and Frauds, Generally (Ss. 817.011-817.569)
817.02 - Obtaining property by false personation.
817.021 - False information to obtain a seaport security identification card.
817.025 - Home or private business invasion by false personation; penalties.
817.03 - Making false statement to obtain property or credit.
817.031 - Making false statements; venue of prosecution.
817.032 - Information available to identity theft victims.
817.034 - Florida Communications Fraud Act.
817.0345 - Prohibition of fraudulent marketing practices.
817.05 - False statements to merchants as to financial condition.
817.06 - Misleading advertisements prohibited; penalty.
817.061 - Misleading solicitation of payments prohibited.
817.08 - Receiving money or property upon false promises of services as seaman or sponge fisher.
817.11 - Obtaining property by fraudulent promise to furnish inside information.
817.14 - Procuring assignments of produce upon false representations.
817.15 - False entries in books of business entity.
817.16 - False reports, etc., by officers of banks, trust companies, etc., with intent to defraud.
817.17 - Wrongful use of city, county, or other political subdivision name.
817.18 - Wrongful marking with a city, county, or other political subdivision name.
817.19 - Fraudulent issue of stock certificate or indicia of membership interest.
817.20 - Issuing stock or obligation of corporation beyond authorized amount.
817.21 - Books to be evidence in such cases.
817.22 - Making false invoice to defraud insurer.
817.23 - Making false affidavit to defraud insurer.
817.233 - Burning to defraud the insurer.
817.234 - False and fraudulent insurance claims.
817.2341 - False or misleading statements or supporting documents; penalty.
817.235 - Personal property; removing or altering identification marks.
817.236 - False and fraudulent motor vehicle insurance application.
817.2361 - False or fraudulent proof of motor vehicle insurance.
817.24 - Unlawful to add or alter or deface existing brand.
817.25 - Fraudulently marking or branding.
817.26 - Fraudulently changing marks on animal.
817.265 - False or fraudulent proof of need for an emotional support animal.
817.28 - Fraudulent obtaining of property by gaming.
817.30 - Punishment for unlawful use of badge of certain orders and organizations.
817.31 - Unlawful use of insignia of American Legion; penalty.
817.311 - Unlawful use of badges, etc.
817.312 - Unlawful use of uniforms, medals, or insignia.
817.32 - Fraudulent operation of coin-operated devices.
817.33 - Manufacture, etc., of slugs to be used in coin-operated devices prohibited.
817.34 - False entries and statements by investment companies offering stock or security for sale.
817.35 - Sale of cemetery lots or mausoleum space; promises.
817.355 - Fraudulent creation or possession of admission ticket.
817.357 - Purchase of tickets.
817.361 - Sale or transfer of multiuse tickets.
817.37 - Touting; defining; providing punishment; ejection from racetracks.
817.40 - False, misleading and deceptive advertising and sales; definitions.
817.41 - Misleading advertising prohibited.
817.411 - False information; advertising.
817.4115 - False, deceptive, or misleading advertisement of live musical performances.
817.412 - Sale of used goods as new; penalty.
817.413 - Sale of used motor vehicle goods as new; penalty.
817.414 - Sale of counterfeit security signs and decals.
817.415 - Florida Free Gift Advertising Law.
817.416 - Franchises and distributorships; misrepresentations.
817.417 - Government Impostor and Deceptive Advertisements Act.
817.418 - Offering for sale or advertising personal protective equipment with intent to defraud.
817.44 - Intentional false advertising prohibited.
817.47 - Insurance advertising exempt.
817.481 - Credit or purchases; obtaining illicitly.
817.4821 - Cellular telephone counterfeiting offenses.
817.484 - Obtaining telephone calling records by fraudulent means prohibited.
817.487 - Telephone caller identification systems.
817.49 - False reports of commission of crimes; penalty.
817.504 - Offering or advertising a vaccine with intent to defraud.
817.505 - Patient brokering prohibited; exceptions; penalties.
817.53 - False charges for radio and television repairs and parts; penalty.
817.535 - Unlawful filing of false documents or records against real or personal property.
817.54 - Obtaining of mortgage, mortgage note, promissory note, etc., by false representation.
817.55 - Tourist attraction advertisement; misleading use of the word “free.”
817.554 - Fraudulently offering for sale tour or travel-related services.
817.558 - Water-treatment devices.
817.561 - Violations may be enjoined.
817.5615 - Marks required on optical discs; prohibited acts; penalties.
817.562 - Fraud involving a security interest.
817.5621 - Unlawful subleasing of a motor vehicle.
817.563 - Controlled substance named or described in s. 893.03; sale of substance in lieu thereof.
817.564 - Imitation controlled substances defined; possession and distribution prohibited.
817.565 - Urine testing, fraudulent practices; penalties.
817.5655 - Unlawful use of DNA; penalties; exceptions.
817.568 - Criminal use of personal identification information.
817.5685 - Unlawful possession of the personal identification information of another person.