eLaws of Florida

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


Latest version.
  • 1(1) 2Notwithstanding 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.
    36(2) 37As used in this section:
    42(a) 43“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.
    82(b) 83“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.
    178(3) 179A penny-ante game is subject to the following restrictions:
    188(a) 189The game must be conducted in a dwelling.
    197(b) 198A person may not receive any consideration or commission for allowing a penny-ante game to occur in his or her dwelling.
    219(c) 220A person may not directly or indirectly charge admission or any other fee for participation in the game.
    238(d) 239A 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.
    277(e) 278A penny-ante game may not be conducted in which any participant is under 18 years of age.
    295(4) 296A debt created or owed as a consequence of any penny-ante game is not legally enforceable.
    312(5) 313The 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. 395720.301, 396mobile 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.

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