22.14 BOOKMAKING
§ 849.25(1), Fla. Stat.
To prove the crime of Bookmaking, the State must prove the following three elements beyond a reasonable doubt:
1.	(Defendant) was engaged in the business or profession of gambling.
2.	While so engaged, (defendant) took or received a bet or wager.
3.	The bet or wager was upon the result of
[a trial or contest of skill, speed, power, or endurance of [man] [beast] [fowl] [motor vehicles] [mechanical apparatus]].
[a chance, casualty, or unknown or contingent event].
§ 849.25(1)(b), Fla. Stat.
To determine whether (defendant) was engaged in the offense of bookmaking the following factors shall be considered:
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 of 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.
It is the committee's opinion that § 849.25(1)(c), Fla. Stat., is for the judge and not the jury. Therefore (1)(c) should not be read to the jury.

Lesser Included Offenses
BOOKMAKING — 849.25(1) and (2)
CATEGORY ONE	CATEGORY TWO	FLA. STAT.	INS. NO.	
None				
	Attempt	777.04(1)	5.1	
Comment
This instruction was adopted in 1981 and amended in 1989.