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F.S. 849.09 on Google Scholar

F.S. 849.09 on Casetext

Amendments to 849.09


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
F.S. 849.09 Florida Statutes and Case Law
849.09 Lottery prohibited; exceptions.—
(1) It is unlawful for any person in this state to:
(a) Set up, promote, or conduct any lottery for money or for anything of value;
(b) Dispose of any money or other property of any kind whatsoever by means of any lottery;
(c) Conduct any lottery drawing for the distribution of a prize or prizes by lot or chance, or advertise any such lottery scheme or device in any newspaper or by circulars, posters, pamphlets, radio, telegraph, telephone, or otherwise;
(d) Aid or assist in the setting up, promoting, or conducting of any lottery or lottery drawing, whether by writing, printing, or in any other manner whatsoever, or be interested in or connected in any way with any lottery or lottery drawing;
(e) Attempt to operate, conduct, or advertise any lottery scheme or device;
(f) Have in her or his possession any lottery wheel, implement, or device whatsoever for conducting any lottery or scheme for the disposal by lot or chance of anything of value;
(g) Sell, offer for sale, or transmit, in person or by mail or in any other manner whatsoever, any lottery ticket, coupon, or share, or any share in or fractional part of any lottery ticket, coupon, or share, whether such ticket, coupon, or share represents an interest in a live lottery not yet played or whether it represents, or has represented, an interest in a lottery that has already been played;
(h) Have in her or his possession any lottery ticket, or any evidence of any share or right in any lottery ticket, or in any lottery scheme or device, whether such ticket or evidence of share or right represents an interest in a live lottery not yet played or whether it represents, or has represented, an interest in a lottery that has already been played;
(i) Aid or assist in the sale, disposal, or procurement of any lottery ticket, coupon, or share, or any right to any drawing in a lottery;
(j) Have in her or his possession any lottery advertisement, circular, poster, or pamphlet, or any list or schedule of any lottery prizes, gifts, or drawings; or
(k) Have in her or his possession any so-called “run down sheets,” tally sheets, or other papers, records, instruments, or paraphernalia designed for use, either directly or indirectly, in, or in connection with, the violation of the laws of this state prohibiting lotteries and gambling.

Provided, that nothing in this section shall prohibit participation in any nationally advertised contest, drawing, game or puzzle of skill or chance for a prize or prizes unless it can be construed as a lottery under this section; and, provided further, that this exemption for national contests shall not apply to any such contest based upon the outcome or results of any horserace, harness race, dograce, or jai alai game.

(2) Any person who is convicted of violating any of the provisions of paragraph (a), paragraph (b), paragraph (c), or paragraph (d) of subsection (1) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Any person who is convicted of violating any of the provisions of paragraph (e), paragraph (f), paragraph (g), paragraph (i), or paragraph (k) of subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who, having been convicted of violating any provision thereof, thereafter violates any provision thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The provisions of this section do not apply to bingo as provided for in s. 849.0931.
(4) Any person who is convicted of violating any of the provisions of paragraph (h) or paragraph (j) of subsection (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who, having been convicted of violating any provision thereof, thereafter violates any provision thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.—s. 1, ch. 4373, 1895; GS 3582; RGS 5509; CGL 7667; s. 1, ch. 26765, 1951; s. 1, ch. 67-72; s. 1, ch. 67-435; ss. 1, 2, ch. 69-91; s. 1064, ch. 71-136; s. 168, ch. 83-216; s. 4, ch. 91-206; ss. 4, 6, ch. 92-280; s. 1, ch. 93-160; s. 1359, ch. 97-102; s. 155, ch. 2007-5.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 849.09 on Google Scholar

F.S. 849.09 on Casetext

Amendments to 849.09


Arrestable Offenses / Crimes under Fla. Stat. 849.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

849.09 1a - LOTTERY-OPERATING - SET UP PROMOTE CONDUCT FOR MONEY - F: T
849.09 1b - LOTTERY - DISPOSE OF MONEY OR PROPERTY BY - F: T
849.09 1c - LOTTERY-OPERATING - CONDUCT ADVERTISE DRAWING SCHEME - F: T
849.09 1d - LOTTERY-OPERATING - ASSIST IN SET UP OR CONDUCTING - F: T
849.09 1e - LOTTERY-OPERATING - ATTEMPT OPERATE CONDUCT ADVERTISE SUBSQ VIOL - F: T
849.09 1e - LOTTERY-OPERATING - ATTEMPT OPERATE CONDUCT ADVERTISE 1ST VIOL - M: F
849.09 1f - LOTTERY - POSSESS IMPLEMENTS OR DEVICES SUBSQ VIOL - F: T
849.09 1f - LOTTERY - POSSESS IMPLEMENTS OR DEVICES 1ST VIOL - M: F
849.09 1g - LOTTERY - SELL OR TRANSMIT TICKET OR SHARE SUBSQ VIOL - F: T
849.09 1g - LOTTERY - SELL OR TRANSMIT TICKET OR SHARE 1ST VIOL - M: F
849.09 1h - LOTTERY-PLAYING - POSS TICKET SUBSQ VIOL - F: T
849.09 1h - LOTTERY-PLAYING - POSS TICKET 1ST VIOL - M: F
849.09 1i - LOTTERY - ASSIST IN SALE OF TICKET SUBSQ VIOL - F: T
849.09 1i - LOTTERY - ASSIST IN SALE OF TICKET 1ST VIOL - M: F
849.09 1j - LOTTERY - POSS ADVERTISEMENT FOR SUBSQ VIOL - F: T
849.09 1j - LOTTERY - POSS ADVERTISEMENT FOR 1ST VIOL - M: F
849.09 1k - LOTTERY-RUNNER - POSS PARAPHERNALIA TALLY SHEET REC SUBSQ VIOL - F: T
849.09 1k - LOTTERY-RUNNER - POSS PARAPHERNALIA OR TALLY SHEET REC 1ST VIOL - M: F

Civil Citations / Citable Offenses under S849.09
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 849.09.

Annotations, Discussions, Cases:

  1. Department of Legal Affairs v. Bradenton Group

    727 So. 2d 199 (Fla. 1999)   Cited 11 times
    Section 849.0931(13), the bingo penalty provision, expressly refers to " [a]ny organization or other person who willfully and knowingly violates any provision of this section." In view of the other provisions of the statute which are reasonably read to cover all organizations, this penalty provision is reasonably read to provide penalties for every organization engaged in bingo that willfully violates any provision of section 849.0931. It then follows that, since every organization that operates bingo games is covered by section 849.0931, then every organization operating bingo games is excluded from section 849.09, Florida Statutes (1993), the lottery statute, by the express language of section 849.09( 3), which states: "The provisions of this section do not apply to bingo as provided for in s. 849.0931." Therefore, the sum of my reasoning is that the lottery statute does not cover any organizations that operate bingo games. Furthermore, as the majority states, the absence of section 849.0931, the bingo statute, from a listing of the statutes describing the scope of section 895.02, Florida Statutes (1995), the RICO statute, indicates that the RICO statute does…
    PAGE 203

  2. Marchetti v. United States

    390 U.S. 39 (1968)   Cited 1,005 times   4 Legal Analyses
    New Hampshire conducts a state sweepstakes, but imposes broad criminal penalties upon privately operated lotteries. N. H. Rev. Stat. Ann., c. 577 (1955). The following illustrate the other state statutes which impose criminal penalties upon lottery activities which would be taxable under these federal statutes. Ala. Code, Tit. 14, c. 46 (1958); Alaska Laws § 65-13-1 (1949); Ariz. Rev. Stat. Ann. § 13-436 (1956); Ark. Stat. Ann. § 41-2024 (1947); Cal. Pen. Code §§ 319-326 (1956); Colo. Rev. Stat. Ann., c. 40, Art. 16 (1963); Del. Code Ann., Tit. 11, §§ 661-664 (1953); D.C. Code Ann. § 22-1501 (1967); Fla. Stat. § 849.09 (1965); Ga. Code Ann., c. 26-65 (1953); Hawaii Rev. Laws, c. 288 (1955); Idaho Code Ann., Tit. 18, c. 49 (1948); Ill. Rev. Stat., c. 38, Art. 28 (1965); Ind. Ann. Stat., Tit. 10, c. 23 (1956); Iowa Code § 726.8 (1966); Kan. Stat. Ann., c. 21, Art. 15 (1964); Ky. Rev. Stat. § 436.360 (1962); La. Rev. Stat. § 14:90 (1950); Me. Rev. Stat. Ann., Tit. 17, c. 81 (1964); Md. Ann. Code, Art. 27, § 356 (1957); Mass. Gen. Laws Ann., c. 271 (1959); Mich. Stat. Ann., §§ 28.604-28.608 (1954); Miss. Code Ann. §§ 2270-2279 (1942); Mo. Rev. Stat. § 563.430 (1959); Mont…
    PAGE 46

  3. Standard Jury Instructions — Crim. Cases

    603 So. 2d 1175 (Fla. 1992)   Cited 43 times

    08 None None Lottery — 849.09(1)(a) None Attempt Lottery — 849.09(1)(f) Lottery — 849.09(1)(g) Lottery — 849.09(1)(h) Lottery — 849.09(1)(i) Lottery — 849.09(1)(j) Lottery — 849.09(1)(k) Playing at game

    — 849.231 Lottery — 849.09(1)(b) None Attempt Lottery — 849.09(1)(f) Lottery — 849.09(1)(g) Lottery — 849.09(1)(h) Lottery — 849.09(1)(i) Lottery — 849.09(1)(j) Lottery — 849.09(1)(k) Gambling devices

  4. Standard Jury Instructions in Crim. Cases

    723 So. 2d 123 (Fla. 1998)   Cited 28 times

    231 849.09 849.09 849.09 849.09 849.09 849.09 849.09 849.231 849.09 849.09 849.09 849.09 849.09 849.09 849.09 849.231 849.09 849.09 849.09 849.09 849.09 849.09 849.09 849.11 849.231 849.09 849.09 849.09

    02 849.01 849.09 849.09 849.11 849.01 849.09 849.09 849.01 849.09 849.09 849.11 849.02 849.09 849.09 849.02 849.03 849.04 849.07 849.11 849.08 849.09 849.09 849.09 849.09 849.09 849.09 849.09 849.11 849

  5. In re Standard Jury Instructions in Criminal Cases—Report 2019-05

    285 So. 3d 1227 (Fla. 2019)
    LOTTERY — 849.09(1)(b) CATEGORY ONE CATEGORY TWO FLA. STAT. INS. NO. None Lottery 849.09(1)(f) Lottery 849.09(1)(g) 22.9 Lottery 849.09(1)(h) 22.10 Lottery 849.09(1)(i) Lottery 849.09(1)(j) Lottery 849.09(1)(k) 22.11 Gambling devices, etc. 849.231 Attempt 777.04 5.1
    PAGE 1231

  6. In re Standard Jury Instructions in Criminal Cases—report Number

    143 So. 3d 893 (Fla. 2014)   Cited 2 times
    In addition to the offense of setting up, promoting, or conducting a lottery, see§ 849.09(1)(a), the statute forbids disposing of money or property by means of a lottery, § 849.09(1)(b); conducting a lottery drawing for prizes by lot or chance or advertising one, § 849.09(1)(c); aiding or assisting in a lottery or drawing, § 849.09(1)(d); attempting to conduct or advertise a lottery, § 849.09(1)(e); possessing a device for conducting a lottery, § 849.09(1)(f); selling, offering to sell, or transmitting a lottery ticket or a share of one, § 849.09(1)(g); possessing a lottery ticket or evidence of a share of one, § 849.09(1)(h); aiding or assisting in the sale, disposal, or procurement of a lottery ticket or a share of one, § 849.09(1)(i); possessing any lottery advertisement, circular, poster, pamphlet, or list or schedule of prizes, § 849.09(1)(j); and possessing papers, records, or instruments to be used in connection with lotteries or other illegal gambling, § 849.09(1)(k).
    PAGE 894

  7. In re Stan. Jury Instr. in Criminal Cases

    543 So. 2d 1205 (Fla. 1989)   Cited 25 times

    838.12 849.09 849.01 849.09 849.11 849.02 849.09 849.02 849.04 849.07 849.11 849.08 849.09 849.09 849.09 849.09 849.09 849.09 849.09 849.11 849.231 849.09 849.09 849.09 849.09 849.09 849.09 849.09 849.231

    231 849.09 849.09 849.09 849.09 849.09 849.09 849.09 849.231 849.09 849.09 849.09 849.09 849.09 849.09 849.09 849.11 849.231 849.09 849.09 849.09 849.25 849.25 849.25 316.193 316.193 316.193 316.193 316

  8. In re Standard Jury Instructions in Criminal Cases-Report Number

    176 So. 3d 938 (Fla. 2015)   Cited 4 times
    § 849.09(1)(d), Fla.—Stat.
    PAGE 965

  9. State v. Croy

    813 So. 2d 993 (Fla. Dist. Ct. App. 2002)   Cited 3 times
    The information originally charged violations both of subsections 849.09(1)(a) and (d), Florida Statutes (1999), but the trial court granted a motion for judgment of acquittal as to section (1)(a), before the case went to the jury. The state has made no effort to appeal the order granting the motion for judgment of acquittal as to section 849.09(1)(a), Florida Statutes (1999). See Hudson v. State, 711 So.2d 244, 246 (Fla. 1st DCA 1998) (holding that section 924.07(1)(j) "plainly contemplates appeal from a judgment of acquittal only if the judgment of acquittal follows a guilty verdict").
    PAGE 995

  10. Bradenton Group, Inc. v. Department of Legal Affairs

    701 So. 2d 1170 (Fla. Dist. Ct. App. 1997)   Cited 9 times
    Subsection 849.09(3), Florida Statutes, in essence, says that authorized bingo is not punishable under the lottery statute, which is consistent with our reading of the statutory scheme.
    PAGE 1176