(1)(a) The term “bookmaking” means the act of taking or receiving, while engaged in the business or profession of gambling, any bet or wager upon the result of any trial or contest of skill, speed, power, or endurance of human, beast, fowl, motor vehicle, or mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent event whatsoever.
(b) The following factors shall be considered in making a determination that a person has engaged in the offense of bookmaking:
1. Taking advantage of betting odds created to produce a profit for the bookmaker or charging a percentage on accepted wagers.
2. Placing all or part of accepted wagers with other bookmakers to reduce the chance of financial loss.
3. Taking or receiving more than five wagers in any single day.
4. Taking or receiving wagers totaling more than $500 in any single day, or more than $1,500 in any single week.
5. Engaging in a common scheme with two or more persons to take or receive wagers.
6. Taking or receiving wagers on both sides on a contest at the identical point spread.
7. Any other factor relevant to establishing that the operating procedures of such person are commercial in nature.
(c) The existence of any two factors listed in paragraph (b) may constitute prima facie evidence of a commercial bookmaking operation.
(2) Any person who engages in bookmaking shall be guilty of a felony of the third degree, punishable 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.
(3) Any person who has been convicted of bookmaking and thereafter violates the provisions of this section shall be guilty of a felony of the second degree, punishable 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.
(4) Notwithstanding the provisions of s. 777.04, any person who is guilty of conspiracy to commit bookmaking shall be subject to the penalties imposed by subsections (2) and (3).
(5) This section shall not apply to pari-mutuel wagering in Florida as authorized under chapter 550.
(6) This section shall not apply to any prosecutions filed and pending at the time of the passage hereof, but all such cases shall be disposed of under existing laws at the time of the institution of such prosecutions.
History.—ss. 1-3, ch. 26847, 1951; s. 1073, ch. 71-136; s. 47, ch. 75-298; s. 1, ch. 78-36; s. 48, ch. 87-243; s. 64, ch. 92-348; s. 1374, ch. 97-102.
Structure Florida Statutes
849.01 - Keeping Gambling Houses, Etc.
849.02 - Agents or Employees of Keeper of Gambling House.
849.03 - Renting House for Gambling Purposes.
849.04 - Permitting Minors and Persons Under Guardianship to Gamble.
849.05 - Prima Facie Evidence.
849.07 - Permitting Gambling on Billiard or Pool Table by Holder of License.
849.085 - Certain Penny-Ante Games Not Crimes; Restrictions.
849.086 - Cardrooms Authorized.
849.09 - Lottery Prohibited; Exceptions.
849.091 - Chain Letters, Pyramid Clubs, etc., Declared a Lottery; Prohibited; Penalties.
849.092 - Motor Fuel Retail Business; Certain Activities Permitted.
849.0931 - Bingo Authorized; Conditions for Conduct; Permitted Uses of Proceeds; Limitations.
849.094 - Game Promotion in Connection With Sale of Consumer Products or Services.
849.10 - Printing Lottery Tickets, etc., Prohibited.
849.11 - Plays at Games of Chance by Lot.
849.12 - Money and Prizes to Be Forfeited.
849.13 - Punishment on Second Conviction.
849.14 - Unlawful to Bet on Result of Trial or Contest of Skill, Etc.
849.141 - Bowling Tournaments Exempted From Chapter.
849.142 - Exempted Activities.
849.15 - Manufacture, Sale, Possession, etc., of Slot Machines or Devices Prohibited.
849.16 - Machines or Devices Which Come Within Provisions of Law Defined.
849.17 - Confiscation of Machines by Arresting Officer.
849.18 - Disposition of Machines Upon Conviction.
849.19 - Property Rights in Confiscated Machine.
849.20 - Machines and Devices Declared Nuisance; Place of Operation Subject to Lien for Fine.
849.21 - Injunction to Restrain Violation.
849.22 - Fees of Clerk of Circuit Court and Sheriff.
849.23 - Penalty for Violations of Ss. 849.15-849.22.
849.231 - Gambling Devices; Manufacture, Sale, Purchase or Possession Unlawful.
849.232 - Property Right in Gambling Devices; Confiscation.
849.233 - Penalty for Violation of S. 849.231.
849.235 - Possession of Certain Gambling Devices; Defense.
849.25 - “Bookmaking” Defined; Penalties; Exceptions.
849.26 - Gambling Contracts Declared Void; Exception.
849.29 - Persons Against Whom Suits May Be Brought to Recover on Gambling Contracts.
849.30 - Plaintiff Entitled to Writs of Attachment, Garnishment and Replevin.
849.31 - Loser’s Testimony Not to Be Used Against Her or Him.
849.32 - Notice to State Attorney; Prosecution of Suit.
849.33 - Judgment and Collection of Money; Execution.
849.34 - Loser’s Judgment; Recovery of Property; Writ of Assistance.
849.36 - Seizure and Forfeiture of Property Used in the Violation of Lottery and Gambling Statutes.
849.37 - Disposition and Appraisal of Property Seized Under This Chapter.
849.38 - Proceedings for Forfeiture; Notice of Seizure and Order to Show Cause.
849.39 - Delivery of Property to Claimant.
849.40 - Proceeding When No Claim Filed.
849.41 - Proceeding When Claim Filed.
849.42 - State Attorney to Represent State.
849.43 - Judgment of Forfeiture.