22.3. Permitting Gambling

22.3 PERMITTING GAMBLING 849.01-B (849.02), Fla. Stat. To prove the crime of Permitting Gambling, the State must prove the following two elements beyond a reasonable doubt: 1. [Name of defendant], a. [in person or by a servant, clerk or agent,] b. [acting as servant, clerk, agent or employee,] had direct or indirect charge, control ises alleged]. 2. [Name of defendant] habitually solicited or knowingly permitted gambling at that place. A single instance or rare and isolated instances of placing bets or gambling would be insufficient to constitute the crime. But if the place was used at frequent intervals for betting, gaming or gambling, the crime has been committed, even if the principal use of the place was for some other lawful purpose. name of defenda nt] have the sole and exclusive control or managementif the control or m of the place. It is sufficient anagement was exercised jointly with others. But a person wo guld not beuilty of this crime unless that person had sufficient control or management of the place to carry with it authority to deny or forbid that use of the place. name of defe ndant] have any personal interest in the gambling or in the use of the place for gambling. "Gambling" is a game of chance in whh the participant risks money or property icon the outcome with the expectation of gaining or losing as a result of the game.