849.25 "Bookmaking"
defined; penalties; exceptions. ---
(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 man, 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.
