CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
equipment contained in the statute (and from section
849.05, Florida Statutes, which provides that gambling
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 370, 1985 Fla. App. LEXIS 12342
...ctions of Chapter 849 primarily on two grounds: First, it concluded that the three yellow envelopes, as well as the tally sheets found in the Quick Print bags, confiscated by Officer Tompkins, constituted “prima facie” evidence of gambling under Section 849.05, Florida Statutes; and second, the fact that some of the evidence found by Officer Tompkins was located either in plain view or in areas on the premises under the exclusive control of the appellant’s officers and employees was eviden...
...The hearing officer found without contradiction that no proof was adduced below that any of the white sheets of paper were actually used for gambling or were implements of gamblers. Likewise, the evidence supportive of counts 3 and 4 of the show cause order, relating to Section 849.05 prima facie evidence, is in *1212 nocuous, 1 and in any event, again no evidence was offered below showing that these items were actually used for gambling on the lodge premises....
