Gambling law and the Florida community association.
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“It can be argued that man’s instinct to gamble is the only reason he is still not a monkey up in the trees.”–Mario Puzo (1) Speaking before the British House of Commons in 1780, Edmund Burke said, “Gambling is a principle inherent in nature.” Americans have proved Mr. Burke correct to such an extent that by 1996, one author claimed: “Judged by the dollars spent, gambling is now more popular in America than baseball, the movies, and Disneyland combined.” (2) Most commentators agree that Americans spend more annually on gambling than they spend on movie tickets, theme parks, spectator sports, and video games together. (3) With such a nationwide love of wheel, card, and table, it is no surprise that condominiums, co-ops, and homeowners associations frequently seek to bring gambling home to their community clubhouses. (4) But when they do, the associations are often breaking the law and exposing themselves to unnecessary risks, which can be managed with a little bit of education on the state of the law. Florida is considered a “fairly strict state in prohibiting gambling.” (5) As such, Florida community associations and their attorneys are well-advised to educate themselves on gambling laws and how they operate in the context of common-ownership communities. Most associations consider their gambling activities to be nothing more than “having a little fun” or a creative way to raise money for a community project. Unfortunately, without the proper planning and controls in place, a “little fun” could land a community in big trouble. (6) While this article is not intended to be a complete study of gaming law in Florida, its purpose is to educate the reader about the legal issues surrounding gambling activity in Florida condominium, co-op, and homeowners associations. To a lesser extent, this article may also serve to educate the reader regarding issues surrounding gambling in other multi-unit housing environments such as apartment buildings, college dormitories, and fraternity/sorority houses, but it is not intended to evaluate the law with respect to such entities. Gambling Generally “A dollar picked up in the road is more satisfaction to you than the ninety-and-nine which you had to work for, and money won at faro or in stocks snuggles into your heart in the same way.”–Mark Twain (7) In Florida, gambling is governed by F. S. [section] 849.01, et seq., (2004). Despite any use of semantic camouflage, a person engaged in illegal gambling will not escape prosecution under the statute by using a creative title for the activity. (8) Whether it is called a “fifty-fifty raffle,” a “casino night,” or any other name, the law will call it the same thing–gambling. (9) The Florida Supreme Court has stated that “gambling,” as used in the statute, and “gaming” are synonymous, and are “defined as an agreement between two or more to risk money on a contest of chance of any kind, where one must be the loser and the other the gainer.” (10) The legal definition of gambling is broad enough that almost any wagering activity falls under this general term. If it looks like “gambling,” then it probably is. Association Liability It is important for community associations to understand that conducting or allowing prohibited gambling activities could subject the association to significant liability. The Florida gambling statute specifically prohibits maintaining a “gambling house.” If an association improperly permits the use of the community’s common elements (11) for illegal gambling operations, the association might be in violation of [section] 849.01 (2004), which prohibits the keeping of a “gambling house.” (12) F. S. [section] 849.01. Keeping gambling houses, etc. Whoever by herself or himself, her or his servant, clerk or agent, or in any other manner has, keeps, exercises or maintains a gaming table or room, or gaming implements or apparatus, or house, booth, tent, shelter or other place for the purpose of gaming or gambling or in any place of which she or he may directly or indirectly have charge, control or management, either exclusively or with others, procures, suffers or permits any person to play for money or other… More : accessmylibrary.com |