Florida statute

Fla. Stat. § 849.25 — “Bookmaking” defined; penalties; exceptions

Current through 2025 Florida Statutes

Part of Chapter 849: Gambling, Florida Statutes.

Criminal charges under this statute

“Bookmaking” defined; penalties; exceptions

Full text of Fla. Stat. § 849.25

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 849.25Primary source, current through the 2025 Florida Statutes

(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.

Official sources

Legal terms used in this section

Questions this section answers

Is “Bookmaking” defined; penalties; exceptions a felony or a misdemeanor in Florida?

It depends on the circumstances: “Bookmaking” defined; penalties; exceptions ranges from a Felony of the Third Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 849.25.

Bookmaking (first offense): Felony of the Third Degree (Fla. Stat. § 849.25(2)) · Bookmaking (subsequent offense): Felony of the Second Degree (Fla. Stat. § 849.25(3))

Which Florida statute covers “Bookmaking” defined; penalties; exceptions?

“Bookmaking” defined; penalties; exceptions is governed by Fla. Stat. § 849.25 (“Bookmaking” defined; penalties; exceptions).

This reference is informational and is not legal advice.