22.3 PERMITTING GAMBLING
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 22.3
- Statute
- § 849.01-B, Fla. Stat. (849.02)
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Permitting Gambling, the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant),
a. [in person or by a servant, clerk, or agent,]
Give 1b if applicable under § 849.02, Fla. Stat.
b. [acting as servant, clerk, agent, or employee,] had direct or indirect charge, control, or management of (place or premises alleged).
2. (Defendant) habitually solicited or knowingly permitted gambling at that place.
Lesser-included offenses
As the instruction lists them, word for word.
PERMITTING GAMBLING — 849.01 (849.02)
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Lottery | 849.09(1)(f) | ||
| Lottery | 849.09(1)(k) | 22.11 | |
| Lottery | 849.11 |
AGENTS, SERVANTS, ETC., OF KEEPER OF GAMBLING HOUSE — 849.02
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| Lottery | 849.09(1)(f) | ||
| Lottery | 849.09(1)(k) | 22.11 |
RENTING HOUSE FOR GAMBLING PURPOSES — 849.02
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| None | |||
| None |
Related practice page
Criminal defense in Miami. State or federal.
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.