Florida criminal charge
Touting; defining; providing punishment; ejection from racetracks in Florida
Touting; defining; providing punishment; ejection from racetracks is a criminal offense under Florida law, defined by Fla. Stat. § 817.37. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 817.37.
What is the penalty for touting; defining; providing punishment; ejection from racetracks in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 60 days (Touting — A person who is a tout, or who attempts or conspires to commit touting, is guilty of a misdemeanor of the second degree.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Touting — A person who is a tout, or who attempts or conspires to commit touting, is guilty of a misdemeanor of the second degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Touting by false use of official or licensed person's name — A person who in committing touting falsely uses the name of a Commission official, racetrack official, or licensed owner, trainer, jockey, or other licensed person as the source of information is guilty of a felony of the third degree.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Touting by false use of official or licensed person's name — A person who in committing touting falsely uses the name of a Commission official, racetrack official, or licensed owner, trainer, jockey, or other licensed person as the source of information is guilty of a felony of the third degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 60 days (Return to racetrack after touting conviction or ejection — A person previously convicted of touting or ejected from a racetrack for touting who returns to a racetrack is guilty of a misdemeanor of the second degree.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Return to racetrack after touting conviction or ejection — A person previously convicted of touting or ejected from a racetrack for touting who returns to a racetrack is guilty of a misdemeanor of the second degree.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 60 days (Refusal to leave racetrack when ordered — A person excluded under this section who refuses to leave a racetrack when ordered by inspectors, peace officers, or an accredited attache commits a separate misdemeanor of the second degree offense.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $500 (Refusal to leave racetrack when ordered — A person excluded under this section who refuses to leave a racetrack when ordered by inspectors, peace officers, or an accredited attache commits a separate misdemeanor of the second degree offense.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is touting; defining; providing punishment; ejection from racetracks classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Touting | Misdemeanor of the Second Degree | A person who is a tout, or who attempts or conspires to commit touting, is guilty of a misdemeanor of the second degree. | Fla. Stat. § 817.37(2) |
| Touting by false use of official or licensed person's name | Felony of the Third Degree | A person who in committing touting falsely uses the name of a Commission official, racetrack official, or licensed owner, trainer, jockey, or other licensed person as the source of information is guilty of a felony of the third degree. | Fla. Stat. § 817.37(3) |
| Return to racetrack after touting conviction or ejection | Misdemeanor of the Second Degree | A person previously convicted of touting or ejected from a racetrack for touting who returns to a racetrack is guilty of a misdemeanor of the second degree. | Fla. Stat. § 817.37(4) |
| Refusal to leave racetrack when ordered | Misdemeanor of the Second Degree | A person excluded under this section who refuses to leave a racetrack when ordered by inspectors, peace officers, or an accredited attache commits a separate misdemeanor of the second degree offense. | Fla. Stat. § 817.37(4) |
Common questions about touting; defining; providing punishment; ejection from racetracks in Florida
Is touting; defining; providing punishment; ejection from racetracks a felony or a misdemeanor in Florida?
It depends on the circumstances: touting; defining; providing punishment; ejection from racetracks ranges from a Misdemeanor of the Second Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 817.37.
Touting: Misdemeanor of the Second Degree (Fla. Stat. § 817.37(2)) · Touting by false use of official or licensed person's name: Felony of the Third Degree (Fla. Stat. § 817.37(3)) · Return to racetrack after touting conviction or ejection: Misdemeanor of the Second Degree (Fla. Stat. § 817.37(4)) · Refusal to leave racetrack when ordered: Misdemeanor of the Second Degree (Fla. Stat. § 817.37(4))
What are the penalties for touting; defining; providing punishment; ejection from racetracks in Florida?
Penalties for touting; defining; providing punishment; ejection from racetracks in Florida depend on how it is classified — from a Misdemeanor of the Second Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers touting; defining; providing punishment; ejection from racetracks?
Touting; defining; providing punishment; ejection from racetracks is governed by Fla. Stat. § 817.37 (Touting; defining; providing punishment; ejection from racetracks).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.