24.118
Other prohibited acts; penalties.
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24.118 Other prohibited acts; penalties.—
(1) UNLAWFUL EXTENSIONS OF CREDIT.—Any retailer who extends credit or lends money to a person for the purchase of a lottery ticket is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. This subsection shall not be construed to prohibit the purchase of a lottery ticket through the use of a credit or charge card or other instrument issued by a bank, savings association, credit union, or charge card company or by a retailer pursuant to part III of chapter 520, provided that any such purchase from a retailer shall be in addition to the purchase of goods and services other than lottery tickets having a cost of no less than $20.
(2) UNLAWFUL ASSIGNMENT OR TRANSFER OF RIGHT TO CLAIM PRIZE.—Any person who induces another to assign or transfer his or her right to claim a prize, who offers for sale his or her right to claim a prize, or who offers for compensation to claim the prize of another is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) COUNTERFEIT OR ALTERED TICKETS.—Any person who:
(a) Knowingly presents a counterfeit or altered state lottery ticket;
(b) Knowingly transfers a counterfeit or altered state lottery ticket to another to present for payment;
(c) With intent to defraud, falsely makes, alters, forges, passes, or counterfeits a state lottery ticket; or
(d) Files with the department a claim for payment based upon facts alleged by the claimant which facts are untrue and known by the claimant to be untrue when the claim is made;
is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) UNLAWFUL REPRESENTATION.—
(a) Any person who uses point-of-sale materials issued by the department or otherwise holds himself or herself out as a retailer without being authorized by the department to act as a retailer is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Any person who without being authorized by the department in writing uses the term “Florida Lottery,” “State Lottery,” “Florida State Lottery,” or any similar term in the title or name of any charitable or commercial enterprise, product, or service is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 18, ch. 87-65; s. 4, ch. 89-208; s. 6, ch. 90-360; s. 92, ch. 95-147; s. 9, ch. 96-406; s. 1, ch. 2017-118; s. 1, ch. 2019-41.
Notes of Decisions
Cited in 2
cases, 1989–1993 · leading case: Jones v. State
Jones v. State (1993)
“We agree that section 24.118 is poorly drafted. We also agree that appellant’s conviction should be reversed, but we need not hold the statute is unconstitutionally vague to do so.”
Doles v. State (1989)
“Appellant was convicted of knowingly presenting for redemption an altered state lottery ticket in violation of § 24.118, Fla. Stat. (1987). Adjudication of guilt and imposition of sentence were withheld and appellant was placed on probation for 18 months, ordered to perform 200…”
— 24.118(3)(c) — 1 case
Jones v. State (1993)
“We agree that section 24.118 is poorly drafted. We also agree that appellant’s conviction should be reversed, but we need not hold the statute is unconstitutionally vague to do so.”
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