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- 1(1)(a) 2The 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.61(b) 62The following factors shall be considered in making a determination that a person has engaged in the offense of bookmaking:821. 83Taking advantage of betting odds created to produce a profit for the bookmaker or charging a percentage on accepted wagers.1032. 104Placing all or part of accepted wagers with other bookmakers to reduce the chance of financial loss.1213. 122Taking or receiving more than five wagers in any single day.1334. 134Taking or receiving wagers totaling more than $500 in any single day, or more than $1,500 in any single week.1555. 156Engaging in a common scheme with two or more persons to take or receive wagers.1716. 172Taking or receiving wagers on both sides on a contest at the identical point spread.1877. 188Any other factor relevant to establishing that the operating procedures of such person are commercial in nature.205(c) 206The existence of any two factors listed in paragraph (b) may constitute prima facie evidence of a commercial bookmaking operation.226(2) 227Any person who engages in bookmaking shall be guilty of a felony of the third degree, punishable as provided in s. 248775.082, 249s. 250775.083, 251or s. 253775.084254. Notwithstanding the provisions of s. 260948.01, 261any person convicted under the provisions of this subsection shall not have adjudication of guilt suspended, deferred, or withheld.280(3) 281Any 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. 312775.082, 313s. 314775.083, 315or s. 317775.084318. Notwithstanding the provisions of s. 324948.01, 325any person convicted under the provisions of this subsection shall not have adjudication of guilt suspended, deferred, or withheld.344(4) 345Notwithstanding the provisions of s. 350777.04, 351any person who is guilty of conspiracy to commit bookmaking shall be subject to the penalties imposed by subsections (2) and (3).373(5) 374This section shall not apply to pari-mutuel wagering in Florida as authorized under chapter 550.389(6) 390This 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.
