Florida Statutes
Fla. Stat. § 849.09 (2025)
Lottery prohibited; exceptions.
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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.
Arrestable Offenses under F.S. 849.09
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§849.09(1a)LOTTERY-OPERATINGSET UP PROMOTE CONDUCT FOR MONEY
§849.09(1b)LOTTERYDISPOSE OF MONEY OR PROPERTY BY LOTTERY
§849.09(1c)LOTTERY-OPERATINGCONDUCT ADVERTISE DRAWING SCHEME
§849.09(1d)LOTTERY-OPERATINGASSIST IN SET UP OR CONDUCTING
§849.09(1e)LOTTERY-OPERATINGATTEMPT OPERATE CONDUCT ADVERTISE SUBSQ VIOL
§849.09(1e)LOTTERY-OPERATINGATTEMPT OPERATE CONDUCT ADVERTISE 1ST VIOL
§849.09(1f)LOTTERYPOSSESS IMPLEMENTS OR DEVICES SUBSQ VIOL
§849.09(1f)LOTTERYPOSSESS IMPLEMENTS OR DEVICES 1ST VIOL
§849.09(1g)LOTTERYSELL OR TRANSMIT TICKET OR SHARE SUBSQ VIOL
§849.09(1g)LOTTERYSELL OR TRANSMIT TICKET OR SHARE 1ST VIOL
§849.09(1h)LOTTERY-PLAYINGPOSSESS ILLEGAL LOTTERY TICKET
§849.09(1h)LOTTERY-PLAYINGPOSS TICKET SUBSQ VIOL
§849.09(1i)LOTTERYASSIST IN SALE OF TICKET 1ST VIOL
§849.09(1i)LOTTERYASSIST IN SALE OF TICKET SUBSQ VIOL
§849.09(1j)LOTTERYPOSS ADVERTISEMENT FOR SUBSQ VIOL
§849.09(1j)LOTTERYPOSS ADVERTISEMENT FOR 1ST VIOL
§849.09(1k)LOTTERY-RUNNERPOSS PARAPHERNALIA TALLY SHEET REC SUBSQ VIOL
§849.09(1k)LOTTERY-RUNNERPOSS PARAPHERNALIA OR TALLY SHEET REC 1ST VIOL
Notes of Decisions
Cited in 104
cases (1 in the last 5 years), 1942–2022 · leading case: In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015).
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “5 SETTING UP, PROMOTING, CONDUCTING A LOTTERY § 849.09(l)(a), Fla. Stat. To prove the crime of [Setting Up] [Promoting] [Conducting] a Lottery], the State must prove beyond a reasonable doubt that: (Defendant) [set up] [promoted] [conducted] a lottery for [money] [anything of…”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “” See § 849.09, Fla. Stat. (2013). Instruction 22.”
Bradenton Grp., Inc. v. Dept. of Legal Affairs, 701 So. 2d 1170 (Fla. 5th DCA 1997). “05, Florida Statutes ("civil RICO"), and section 849.09, Florida Statutes ["the lottery statute"], *1172 and section 849.”
State v. Anderson, 270 So. 2d 353 (Fla. 1972). “Aiding and assisting in the setting up, promoting, or conducting a lottery ( Fla. Stat. § 849.09 (1)(d), F.S.A.), is a felony by virtue of Fla.”
DEPT. of LEGAL AFFAIRS v. Bradenton Grp., 727 So. 2d 199 (Fla. 1998). “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.”
Fletcher v. State, 65 So. 2d 845 (Fla. 1953). “By Section 849.09, F.S., as amended, F.S.A., some offenses in connection with lotteries were denominated misdemeanors and others denominated felonies.”
Sagonias v. State, 89 So. 2d 252 (Fla. 1956). “*255 Appellant was charged with felony violation of the lottery laws, F.S. § 849.09, F.S.A., in three counts, the first count charging that he did, in Pinellas County, Florida, set up, promote, or conduct a lottery for money, commonly known as bolita, the second count charging…”
Fuller v. State, 31 So. 2d 259 (Fla. 1947). “: On November 10, 1945, an information in five counts drafted under the several provisions of Section 849.09, Fla. Stats. 1941 (FSA), was filed in the Circuit Court of Marion County, Florida, against Fletcher Fuller, Abner Fuller, Emory Knight and Bernard Knight.”
State v. Croy, 813 So. 2d 993 (Fla. 1st DCA 2002). “pyramid club") are lotteries [3] places pyramid schemes within the ambit of the general felony lottery statute, excepting only such conduct as the misdemeanor statute proscribes itself.”
United States v. Lanza, 341 F. Supp. 405 (M.D. Fla. 1972). “10 The applications and orders issued in this ease all recite that the proposed intercepts may provide evidence of the violation of Florida Statutes § 849.09, which makes it unlawful to conduct a lottery.”
Williams v. State, 69 So. 2d 766 (Fla. 1953). “, as amended by Chapter 26765, Section 1, Laws of Florida 1951, F.S.A. § 849.09, on two or more counts involving both misdemeanors and felonies, only one sentence is applicable, that sentence being on the highest degree of the offense.”
Wyche v. State, 178 So. 2d 875 (Fla. 2d DCA 1965). “We agree with the contention of the appellant that the enhanced punishment provisions found in subsections (3) and (4) of Section 849.09 relate only to second violations of the paragraphs specified in the subsections.”
— 849.09(1) — 37 cases
United States v. Lanza, 341 F. Supp. 405 (M.D. Fla. 1972). “10 The applications and orders issued in this ease all recite that the proposed intercepts may provide evidence of the violation of Florida Statutes § 849.09, which makes it unlawful to conduct a lottery.”
Wyche v. State, 178 So. 2d 875 (Fla. 2d DCA 1965). “We agree with the contention of the appellant that the enhanced punishment provisions found in subsections (3) and (4) of Section 849.09 relate only to second violations of the paragraphs specified in the subsections.”
Fletcher v. State, 65 So. 2d 845 (Fla. 1953). “By Section 849.09, F.S., as amended, F.S.A., some offenses in connection with lotteries were denominated misdemeanors and others denominated felonies.”
Diecidue v. State, 119 So. 2d 803 (Fla. 2d DCA 1960).
Williams v. State, 69 So. 2d 766 (Fla. 1953). “, as amended by Chapter 26765, Section 1, Laws of Florida 1951, F.S.A. § 849.09, on two or more counts involving both misdemeanors and felonies, only one sentence is applicable, that sentence being on the highest degree of the offense.”
— 849.09(1)(a) — 3 cases
State v. Croy, 813 So. 2d 993 (Fla. 1st DCA 2002). “pyramid club") are lotteries [3] places pyramid schemes within the ambit of the general felony lottery statute, excepting only such conduct as the misdemeanor statute proscribes itself.”
Tworek v. United States, 46 Fed. Cl. 82 (Fed. Cl. 2000).
— 849.09(1)(b) — 1 case
— 849.09(1)(c) — 1 case
— 849.09(1)(d) — 4 cases
State v. Croy, 813 So. 2d 993 (Fla. 1st DCA 2002). “pyramid club") are lotteries [3] places pyramid schemes within the ambit of the general felony lottery statute, excepting only such conduct as the misdemeanor statute proscribes itself.”
State v. Anderson, 270 So. 2d 353 (Fla. 1972). “Aiding and assisting in the setting up, promoting, or conducting a lottery ( Fla. Stat. § 849.09 (1)(d), F.S.A.), is a felony by virtue of Fla.”
Rodriguez v. State, 284 So. 2d 1 (Fla. 2d DCA 1973).
— 849.09(1)(g) — 1 case
— 849.09(1)(h) — 2 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018).
— 849.09(1)(k) — 2 cases
In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018).
— 849.09(2) — 3 cases
Sharon v. State, 156 So. 2d 677 (Fla. 3d DCA 1963).
Fernandez v. State, 255 So. 2d 567 (Fla. 2d DCA 1971).
Gaston v. State, 118 So. 2d 83 (Fla. 1st DCA 1960).
— 849.09(3) — 6 cases
Bradenton Grp., Inc. v. Dept. of Legal Affairs, 701 So. 2d 1170 (Fla. 5th DCA 1997). “05, Florida Statutes ("civil RICO"), and section 849.09, Florida Statutes ["the lottery statute"], *1172 and section 849.”
DEPT. of LEGAL AFFAIRS v. Bradenton Grp., 727 So. 2d 199 (Fla. 1998). “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.”
Bradenton Grp., Inc. v. State, 970 So. 2d 403 (Fla. 5th DCA 2007).
Wyche v. State, 178 So. 2d 875 (Fla. 2d DCA 1965). “We agree with the contention of the appellant that the enhanced punishment provisions found in subsections (3) and (4) of Section 849.09 relate only to second violations of the paragraphs specified in the subsections.”
State v. Croy, 813 So. 2d 993 (Fla. 1st DCA 2002). “pyramid club") are lotteries [3] places pyramid schemes within the ambit of the general felony lottery statute, excepting only such conduct as the misdemeanor statute proscribes itself.”
— 849.09(4) — 2 cases
State v. Curtis, 152 So. 2d 754 (Fla. 2d DCA 1963).
State v. Fernandez, 156 So. 2d 400 (Fla. 2d DCA 1963).
— 849.09(7) — 1 case
Fletcher v. State, 65 So. 2d 845 (Fla. 1953). “By Section 849.09, F.S., as amended, F.S.A., some offenses in connection with lotteries were denominated misdemeanors and others denominated felonies.”
— 849.09(a) — 1 case
Fletcher v. State, 65 So. 2d 845 (Fla. 1953). “By Section 849.09, F.S., as amended, F.S.A., some offenses in connection with lotteries were denominated misdemeanors and others denominated felonies.”
— 849.09(d) — 3 cases
Fance v. State, 207 So. 2d 331 (Fla. 3d DCA 1968).
Alderman v. State, 167 So. 2d 635 (Fla. 1st DCA 1964).
Megaphone Co. v. S. Bell Tel. & Tel. Co., 643 F. Supp. 1386 (S.D. Fla. 1986).
— 849.09(f) — 1 case
Miller v. State, 170 So. 2d 319 (Fla. 2d DCA 1964).
— 849.09(g) — 1 case
Scullock v. State, 377 So. 2d 682 (Fla. 1979).
— 849.09(h) — 1 case
Rifkin v. Florida Real Est. Comm'n, 345 So. 2d 349 (Fla. 4th DCA 1977).
— 849.09(l)(a) — 5 cases
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “5 SETTING UP, PROMOTING, CONDUCTING A LOTTERY § 849.09(l)(a), Fla. Stat. To prove the crime of [Setting Up] [Promoting] [Conducting] a Lottery], the State must prove beyond a reasonable doubt that: (Defendant) [set up] [promoted] [conducted] a lottery for [money] [anything of…”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “” See § 849.09, Fla. Stat. (2013). Instruction 22.”
Hall v. State, 460 So. 2d 428 (Fla. 1st DCA 1984).
Metro. Dade Cnty. v. United States of Am. v. State of Florida, Movant-Appellant, 635 F.2d 512 (5th Cir. 1981).
Caldwell v. State, 402 So. 2d 1260 (Fla. 3d DCA 1981).
— 849.09(l)(b) — 2 cases
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “5 SETTING UP, PROMOTING, CONDUCTING A LOTTERY § 849.09(l)(a), Fla. Stat. To prove the crime of [Setting Up] [Promoting] [Conducting] a Lottery], the State must prove beyond a reasonable doubt that: (Defendant) [set up] [promoted] [conducted] a lottery for [money] [anything of…”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “” See § 849.09, Fla. Stat. (2013). Instruction 22.”
— 849.09(l)(c) — 2 cases
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “5 SETTING UP, PROMOTING, CONDUCTING A LOTTERY § 849.09(l)(a), Fla. Stat. To prove the crime of [Setting Up] [Promoting] [Conducting] a Lottery], the State must prove beyond a reasonable doubt that: (Defendant) [set up] [promoted] [conducted] a lottery for [money] [anything of…”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “” See § 849.09, Fla. Stat. (2013). Instruction 22.”
— 849.09(l)(d) — 4 cases
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “5 SETTING UP, PROMOTING, CONDUCTING A LOTTERY § 849.09(l)(a), Fla. Stat. To prove the crime of [Setting Up] [Promoting] [Conducting] a Lottery], the State must prove beyond a reasonable doubt that: (Defendant) [set up] [promoted] [conducted] a lottery for [money] [anything of…”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “” See § 849.09, Fla. Stat. (2013). Instruction 22.”
Quintana v. State, 352 So. 2d 587 (Fla. 3d DCA 1977).
Hall v. State, 512 So. 2d 303 (Fla. 1st DCA 1987).
— 849.09(l)(e) — 1 case
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “” See § 849.09, Fla. Stat. (2013). Instruction 22.”
— 849.09(l)(f) — 1 case
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “” See § 849.09, Fla. Stat. (2013). Instruction 22.”
— 849.09(l)(g) — 1 case
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “5 SETTING UP, PROMOTING, CONDUCTING A LOTTERY § 849.09(l)(a), Fla. Stat. To prove the crime of [Setting Up] [Promoting] [Conducting] a Lottery], the State must prove beyond a reasonable doubt that: (Defendant) [set up] [promoted] [conducted] a lottery for [money] [anything of…”
— 849.09(l)(h) — 2 cases
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “5 SETTING UP, PROMOTING, CONDUCTING A LOTTERY § 849.09(l)(a), Fla. Stat. To prove the crime of [Setting Up] [Promoting] [Conducting] a Lottery], the State must prove beyond a reasonable doubt that: (Defendant) [set up] [promoted] [conducted] a lottery for [money] [anything of…”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “” See § 849.09, Fla. Stat. (2013). Instruction 22.”
— 849.09(l)(i) — 1 case
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “” See § 849.09, Fla. Stat. (2013). Instruction 22.”
— 849.09(l)(k) — 2 cases
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “5 SETTING UP, PROMOTING, CONDUCTING A LOTTERY § 849.09(l)(a), Fla. Stat. To prove the crime of [Setting Up] [Promoting] [Conducting] a Lottery], the State must prove beyond a reasonable doubt that: (Defendant) [set up] [promoted] [conducted] a lottery for [money] [anything of…”
In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). “” See § 849.09, Fla. Stat. (2013). Instruction 22.”
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