Florida Statute 616.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVI
BUSINESS ORGANIZATIONS

Chapter 616
PUBLIC FAIRS AND EXPOSITIONS

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F.S. 616.09

616.09 Not authorized to carry on gambling, etc.; forfeiture of charter for violations; annulment proceedings.—Nothing in this chapter shall be held or construed to authorize or permit any fair association to carry on, conduct, supervise, permit, or suffer any gambling or game of chance, lottery, betting, or other act in violation of the criminal laws of the state; and nothing in this chapter shall permit horseracing or dogracing or any other pari-mutuel wagering, for money or upon which money is placed. Any fair association which violates any such law or which knowingly permits the violation of any such law is subject to forfeiture of its charter; and if any citizen complains to the Department of Legal Affairs that the association was organized for or is being used as a cover to evade any of the laws of Florida against crime, and submits prima facie evidence to sustain the charge, the Department of Legal Affairs shall institute, and in due time prosecute to final judgment, such proceedings as may be necessary to annul the charter and incorporation of the association. A writ of injunction or other extraordinary process shall be issued by a court of competent jurisdiction on the application of the Department of Legal Affairs on complaint pending the annulment proceeding and in aid thereof, and the case shall be given precedence over all civil cases pending in that court and shall be heard and disposed of with as little delay as practicable.

History.—s. 7, ch. 7388, 1917; RGS 4525; CGL 6524; s. 2, ch. 29737, 1955; s. 4, ch. 63-247; ss. 11, 35, ch. 69-106; s. 2, ch. 81-318; ss. 25, 26, ch. 83-239; ss. 11, 44, ch. 93-168.

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Amendments to 616.09

Arrestable Offenses / Crimes under Fla. Stat. 616.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 616.09.

Annotations, Discussions, Cases:

Cases Citing Statute 616.09

Total Results: 4

Lamkin v. Faircloth

Court: District Court of Appeal of Florida | Date Filed: 1968-01-03

Citation: 204 So. 2d 747, 1968 Fla. App. LEXIS 6134

Snippet: violation of the criminal laws of the state;” F.S.A. § 616.09 Section 849.14 of the Florida Statutes, F.S.A.

Faircloth v. Central Florida Fair, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1967-09-28

Citation: 202 So. 2d 608, 1967 Fla. App. LEXIS 4310

Snippet: violation of the criminal laws of the state”. F.S.A. § 616.09. What then is the import of F.S.A. § 616.091, which

State Ex Rel. Deeb v. Fabisinski

Court: Supreme Court of Florida | Date Filed: 1933-07-18

Citation: 152 So. 207, 111 Fla. 454, 1933 Fla. LEXIS 2008

Snippet: 338, 37 Am. Rep. 111; Howard v. Howard, 87 Ky. 616, 9 S.W. Rep. 411, 1 L. R. A. 610; Lemly v. Ellis,

Clarke v. Knight

Court: Supreme Court of Florida | Date Filed: 1922-10-24

Citation: 84 Fla. 468

Snippet: of the lunatic. *481In Howard v. Howard, 87 Ky. 616, 9 S. W. Rep. 411, 1 L. R. A. 610, the court said