IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 259 So. 3d 765 (Fla. 2018)

. . . instruction was adopted in 2016 [190 So.3d 614] and amended in 2018. 22.10 POSSESSING A LOTTERY TICKET § 849.09 . . . If there is evidence of an exception referred to at the end of § 849.09(1), Fla. . . . adopted in 1981 and amended in 2015 [176 So.3d 938] and 2018. 22.11 POSSESSING RUNDOWN SHEETS, ETC. § 849.09 . . . If there is evidence of an exception referred to at the end of § 849.09(1), Fla. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 176 So. 3d 938 (Fla. 2015)

. . . This instruction was adopted in 2015. 22.5 SETTING UP, PROMOTING, CONDUCTING A LOTTERY § 849.09(l)(a) . . . 1981 and amended in 2014 [143 So.3d 893] and -2015. 22.6 DISPOSING OF [MONEY], [PROPERTY] BY LOTTERY § 849.09 . . . SELLINGSALE OF LOTTERY TICKETS] [OFFERING LOTTERY TICKETS FOR SALE] [TRANSMITTING LOTTERY TICKETS] § 849.09 . . . This instruction was adopted in 1981 ahd amended in 2015. 22.10 POSSESSING A LOTTERY TICKET § 849.09( . . . This instruction was adopted in 1981 and amended in 2015. 22.11 POSSESSING RUNDOWN SHEETS, ETC. § 849.09 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 143 So. 3d 893 (Fla. 2014)

. . . there are six other standard instructions for other lottery-related offenses proscribed by section 849.09 . . . See § 849.09, Fla. Stat. (2013). . . . In addition to the offense of setting up, promoting, or conducting a lottery, see § 849.09(l)(a), the . . . or drawing, § 849.09(l)(d); attempting to conduct or advertise a lottery, § 849.09(l)(e); possessing . . . with lotteries or other illegal gambling, § 849.09(l)(k). . . . .

INCREDIBLE INVESTMENTS, LLC, v. FERNANDEZ- RUNDLE,, 28 F. Supp. 3d 1272 (S.D. Fla. 2014)

. . . . § 849.09, which prohibits the operation of lotteries. . . .

CYBER ZONE E- CAFE, INC. a M. v. KING, Ed, 782 F. Supp. 2d 1331 (M.D. Fla. 2011)

. . . . §§ 849.15 and 849.16; and conducting an illegal lottery in violation of § 849.09, Florida Statutes. . . .

BRADENTON GROUP, INC. v. STATE, 970 So. 2d 403 (Fla. Dist. Ct. App. 2007)

. . . in violation of various provisions of section 849.0931, did not constitute a “lottery” under section 849.09 . . . Id. at 202 (citing section 849.09(3), Fla. Stat. (1991)). . . . Id. at 202 (quoting § 849.09(3), Fla. Stat. (1993)). . . .

ADVISORY OPINION TO ATTORNEY GENERAL RE AUTHORIZES MIAMI- DADE AND BROWARD COUNTY VOTERS TO APPROVE SLOT MACHINES IN PARIMUTUEL FACILITIES, 880 So. 2d 522 (Fla. 2004)

. . . See § 849.09, Fla. . . .

STATE v. CROY,, 813 So. 2d 993 (Fla. Dist. Ct. App. 2002)

. . . charged of Participation in an Illegal Lottery,” on an information alleging a violation of section 849.09 . . . , 727 So.2d 199, 202 (Fla.1998) (noting bingo’s exclusion from the definition of lottery in section 849.09 . . . section 849.091, removes pyramid schemes from the purview of the general lottery statute, section, 849.09 . . . The state charged a felony violation by tracking language from section 849.09(1), thereby conferring . . . The information originally charged violations both of subsections 849.09(l)(a) and (d), Florida Statutes . . .

TV INC. v. STATE OFFICE OF THE ATTORNEY GENERAL,, 794 So. 2d 744 (Fla. Dist. Ct. App. 2001)

. . . the transmission of Basil Basset Bingo constituted a lottery drawing for money contrary to section 849.09 . . .

EIGHT HUNDRED, INC. v. STATE, 781 So. 2d 1187 (Fla. Dist. Ct. App. 2001)

. . . 4), Florida Statutes (1995), which are designated as the Florida RICO laws, and sections 849.01 and 849.09 . . .

J. M. TWOREK, v. UNITED STATES,, 46 Fed. Cl. 82 (Fed. Cl. 2000)

. . . Stat. 849.09(1)(a)-(d) (Florida). . . .

DEPARTMENT OF LEGAL AFFAIRS, v. BRADENTON GROUP, INC. v., 727 So. 2d 199 (Fla. 1998)

. . . 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 . . . SECTIONS 849.0931(5)-(12), FLORIDA STATUTES, CONSTITUTES A “LOTTERY” AS THAT TERM IS USED IN SECTION 849.09 . . . The provisions of this section do not apply to bingo as provided for in s. 819.0931. § 849.09(3), Fla . . . The lottery statute, section 849.09, Florida Statutes (1993), states in pertinent part: (1) It is unlawful . . .

BRADENTON GROUP, INC. v. DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA,, 701 So. 2d 1170 (Fla. Dist. Ct. App. 1997)

. . . Florida Statutes (“RICO”), in particular section 895.05, Florida Statutes (“civil RICO”), and section 849.09 . . . The provisions of this section do not apply to bingo as provided for in s. 849.0931. § 849.09(3), Fla . . . Although the Florida legislature has banned “lotteries” through section 849.09 and its predecessors since . . . Subsection 849.09(3), Florida Statutes, in essence, says that authorized bingo is not punishable under . . . (Crim.) 205 (defining the elements of a lottery under § 849.09 to be a consideration, a prize, and the . . .

POLAKOFF, v. STATE, 586 So. 2d 385 (Fla. Dist. Ct. App. 1991)

. . . Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25, relating to gambling. . . .

WINSHARE CLUB OF CANADA, v. DEPARTMENT OF LEGAL AFFAIRS, CANADIAN EXPRESS CLUB, v. DEPARTMENT OF LEGAL AFFAIRS,, 542 So. 2d 974 (Fla. 1989)

. . . Winshare Club of Canada, 530 So.2d 348 (Fla. 5th DCA 1988), which found section 849.09, Florida Statutes . . . The state alleged violations of sections 849.09 and 501.-204(1), Florida Statutes (1985). . . . However, it declared unconstitutional as applied section 849.09, on grounds it violated the commerce . . . On appeal, the Fifth District reversed and held that section 849.09 was constitutional in this context . . . Without question, section 849.09 falls within the state’s inherent police power because it concerns gambling . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES, 543 So. 2d 1205 (Fla. 1989)

. . . (l)(a) None Attempt Lottery — 849.09(l)(f) Lottery — 849.09(l)(g) Lottery — 849.09(l)(h) Lottery — 849.09 . . . — 849.09(l)(h) Lottery — 849.09(1)® Lottery — 849.09(1)® Lottery — 849.09(l)(k) Gambling devices, etc . . . .— 849.231 Lottery 849.09(l)(c) None Attempt Lottery — 849.09(l)(f) Lottery — 849.09(l)(g) Lottery — . . . — 849.09(1)00 Gambling devices, etc.— 849.231 Lottery 849.09(l)(d) None Attempt Lottery — 849.09(l)( . . . f) Lottery — 849.09(l)(g) Lottery — 849.09(l)(h) Lottery — 849.09(1)0) Lottery — 849.09(l)(j) Lottery . . .

VICKERY, v. STATE NUNNARI, v. STATE, 539 So. 2d 499 (Fla. Dist. Ct. App. 1989)

. . . indictment or information under the following provisions of the Florida Statutes: ****** (24) Section 849.09 . . .

DEPARTMENT OF LEGAL AFFAIRS, v. WINSHARE CLUB OF CANADA,, 530 So. 2d 348 (Fla. Dist. Ct. App. 1988)

. . . This is an appeal from an order declaring section 849.09, Florida Statutes (1985), unconstitutional as . . . alleges a violation of gambling laws and laws prohibiting unfair and deceptive trade practices. §§ 849.09 . . . agree with the well-presented arguments of the assistant attorney general and conclude that section 849.09 . . .

HALL, v. STATE, 512 So. 2d 303 (Fla. Dist. Ct. App. 1987)

. . . Appellant on July 29,1983 plead guilty to three counts of aiding in a lottery, in violation of section 849.09 . . .

UNITED STATES v. D. REED, 821 F.2d 322 (6th Cir. 1987)

. . . Richard Reed 1981 $18,127.89 $4,065.95 Richard Reed 1982 $18,888.90 $4,163.67 Julia Reed 1980 $ 6,790.07 $849.09 . . .

MEGAPHONE COMPANY, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY,, 643 F. Supp. 1386 (S.D. Fla. 1986)

. . . any party been threatened with criminal prosecution for any violation of Florida Statutes, Section 849.09 . . . do not comply with the terms and conditions of the Tariff and/or violate Florida Statutes, Section 849.09 . . . Moreover, Plaintiffs aver, the Defendant’s belief that the recorded messages are in violation of § 849.09 . . . Since Plaintiffs’ service caters to persons who are violating § 849.09, Defendant argues, that service . . . is itself violative of § 849.09(d) because it furthers or is connected to lotteries. . . .

STATE OF FLORIDA v. VITELLI,, 14 Fla. Supp. 2d 107 (Dade Cty. Ct. 1985)

. . . prohibits the conducting of a lottery for money or anything of value as set forth in Florida Statute 849.09 . . .

HALL, F. v. STATE, 460 So. 2d 428 (Fla. Dist. Ct. App. 1984)

. . . Appellants were convicted of “setting up, promoting or conducting” lotteries in violation of section 849.09 . . . Appellants contend that the above-enumerated offenses are necessarily lesser included offenses of section 849.09 . . . section 849.-11 and section 849.231 contain elements separate and distinct from those embraced in section 849.09 . . . On the other hand, section 849.09(l)(a) is intended to prohibit the habitual conducting or promoting . . . Similarly, the elements of section 849.231 are not necessarily included in those of section 849.09(l) . . .

SEMINOLE TRIBE OF FLORIDA, v. BUTTERWORTH,, 658 F.2d 310 (5th Cir. 1981)

. . . . §§ 849.08, 849.09(l)(b), and 849.-09(2), permit the arrest of bingo players as players of illegal lotteries . . .

CALDWELL, St. v. STATE, 402 So. 2d 1260 (Fla. Dist. Ct. App. 1981)

. . . See: Section 849.09(l)(a), (c), (d), (e), Florida Statutes (1979). . . .

BOWDEN, v. STATE WILLIAMS, v. STATE, 402 So. 2d 1173 (Fla. 1981)

. . . Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25, relating to gambling. 24. . . .

METROPOLITAN DADE COUNTY, v. UNITED STATES v. STATE OF FLORIDA,, 635 F.2d 512 (5th Cir. 1981)

. . . . § 849.09(l)(a) and (b) (1975)). . . .

PASKIND, d b a J. J. v. STATE E. J. SALCINES,, 390 So. 2d 1198 (Fla. Dist. Ct. App. 1980)

. . . they were using the Britton Plaza location for the operation of bingo games in violation of sections 849.09 . . . Section 849.-093 excepts bingo games from the operation of section 849.09, which generally proscribes . . .

SALOMON v. STATE, 381 So. 2d 705 (Fla. 1980)

. . . of Appeal, Third District, because the trial court impliedly upheld the constitutionality of section 849.09 . . . The trial court’s ruling upholding the constitutionality of section 849.09, Florida Statutes (1975), . . .

SCULLOCK, v. STATE, 377 So. 2d 682 (Fla. 1979)

. . . 2)(b)(2); to “offer” to sell fireworks, section 791.02; to “offer” to sell lottery tickets, section 849.09 . . .

UNITED STATES v. C. ALLEN,, 588 F.2d 1100 (5th Cir. 1979)

. . . . § 849.09 (1973) makes unlawful the promotion, operation, or participation in any lottery for money. . . .

QUINTANA, v. STATE, 352 So. 2d 587 (Fla. Dist. Ct. App. 1977)

. . . guilty after non-jury trial of aiding or assisting in conducting a lottery, in violation of Section 849.09 . . .

P. RIFKIN v. FLORIDA REAL ESTATE COMMISSION M., 345 So. 2d 349 (Fla. Dist. Ct. App. 1977)

. . . a lottery, but with a misdemeanor offense, merely possession of tickets as denounced under section 849.09 . . .

BOYD, v. STATE, 319 So. 2d 157 (Fla. Dist. Ct. App. 1975)

. . . unlawfully aiding or assisting in the setting up, promoting or conducting a lottery in violation of § 849.09 . . .

STATE v. DAVIS, 308 So. 2d 539 (Fla. Dist. Ct. App. 1975)

. . . confidential informant, in a prosecution against the respondents for certain violations of the lottery law (§ 849.09 . . .

UNITED STATES v. B. PACHECO N. Jr., 489 F.2d 554 (5th Cir. 1974)

. . . all recite that the proposed intercepts may provide evidence of the violation of Florida Statutes § 849.09 . . . Florida Statutes § 849.09, F.S.A. makes it unlawful to promote, conduct, set up, advertise, assist, attempt . . .

STATE L. SHEVIN, v. W. TURNER,, 285 So. 2d 623 (Fla. Dist. Ct. App. 1973)

. . . Article X, section 6 of the 1968 Florida Constitution and Section 849.09, Florida Statutes 1971, both . . .

RODRIGUEZ v. STATE, 284 So. 2d 1 (Fla. Dist. Ct. App. 1973)

. . . were convicted of the felony of aiding and assisting the conducting of a lottery in violation of § 849.09 . . . believe a large scale Lottery and Bookmaking operation is being conducted contrary to Florida Statute 849.09 . . .

BARRON, v. STATE JONES, v. STATE RICHARDSON, v. STATE, 271 So. 2d 115 (Fla. 1972)

. . . . § 849.09, F.S.A., prohibiting lotteries, thereby giving this Court jurisdiction over the appeal pursuant . . . the record and briefs, we conclude that the Criminal Court of Record correctly determined Fla.Stat. § 849.09 . . .

STATE v. ANDERSON,, 270 So. 2d 353 (Fla. 1972)

. . . a lottery drawing for money commonly known as Bolita Cuba and/or bond, ... in violation of section 849.09 . . . 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.Stat. § 849.09 (2), F.S.A., while the offense of selling under . . . Stat. § 849.09(3), F.S.A.). . . .

STATE v. FERNANDEZ,, 270 So. 2d 358 (Fla. 1972)

. . . . § 849.09(1) (d), F.S.A. He was convicted and entered his appeal. . . .

UNITED STATES v. LANZA,, 341 F. Supp. 405 (M.D. Fla. 1972)

. . . all recite that the proposed intercepts may provide evidence of the violation of Florida Statutes § 849.09 . . . Specifically subsections (e), (f), (g), (h), (i), (j), and (k) of Florida Statutes § 849.09(1), F.S.A . . . Only Florida Statutes § 849.09(1) (a), (b), (c), and (d) carry sentences of one year or more. 18 U.S.C . . . Florida Statutes § 849.09 makes it unlawful to promote, conduct, set up, advertise, assist, attempt to . . .

RODRIGUEZ, a k a v. STATE, 257 So. 2d 81 (Fla. Dist. Ct. App. 1972)

. . . /or Bond, a further description of which is to the County Solicitor unknown in violation of Section 849.09 . . . the accusatory pleading alleging the commission of the misdemeanor of possession, condemned in F.S. § 849.09 . . .

ANDERSON, v. STATE, 255 So. 2d 550 (Fla. Dist. Ct. App. 1971)

. . . or Bond, a further description of which is to the County Solicitor unknown, in violation of Section 849.09 . . .

FERNANDEZ, v. STATE, 255 So. 2d 567 (Fla. Dist. Ct. App. 1971)

. . . . § 849.09(1) (d), F.S.A. and F.S. § 849.09(2), F.S.A. . . . trial, the trial judge instructed the jury as to the law applicable to the felony charge under Section 849.09 . . . mail or any other manner of any lottery ticket, coupon or share in an interest in a lottery, F.S. § 849.09 . . . (1) (g) is, in this case, a lesser included offense to the felony charge under Section 849.09(1) (d). . . . Such charge constituted a felony as provided in Section 849.09(1) (d). . . . . § 849.09(1) (d), F.S.A. and F.S. § 849.09 (2), F.S.A. . . .

STATE v. CHAPMAN, 240 So. 2d 491 (Fla. Dist. Ct. App. 1970)

. . . Cash in the sum of One Hundred-Ninety-One Dollars and Sixty-Five Cents ($191.65), in violation of § 849.09 . . . Section 849.09(1) (f), Fla.Stat., F.S.A. provides: “(1) It shall be unlawful for any person in this state . . . envelopes and cash in the sum of $191.65 are not sufficient to support an allegation of a violation of § 849.09 . . .

GREATER LORETTA IMPROVEMENT ASSOCIATION, a v. STATE T. BOONE,, 234 So. 2d 665 (Fla. 1970)

. . . A., § 849.09, prohibits a lottery and provides the penalties for violations of its provisions, but does . . . . §§ 849.09 and 849.11, F.S.A., which prohibited, respectively, the setting up of lotteries and their . . .

REWIS, v. UNITED STATES WILLIAMS, v. UNITED STATES FULLER, Sr. Sr. v. UNITED STATES, 418 F.2d 1218 (5th Cir. 1969)

. . . Nightengale actually travelled in interstate commerce with the intent to violate the Florida statute, Section 849.09 . . .

LATTIMORE, v. STATE, 214 So. 2d 771 (Fla. Dist. Ct. App. 1968)

. . . She was found guilty upon two counts: (1) possession of lottery tickets in violation of § 849.09(1) ( . . . h) Fla.Stat., F.S.A.; (2) aiding and assisting or having an interest in a lottery in violation of § 849.09 . . .

STATE v. COOK,, 213 So. 2d 18 (Fla. Dist. Ct. App. 1968)

. . . . § 849.09(1) (d), (i), F.S.A. . . .

MENENDEZ, v. UNITED STATES, 393 F.2d 312 (5th Cir. 1968)

. . . . § 849.09, F.S.A.). . . . sufficiently define the offense, namely, the carrying on of a numbers lottery, in violation of Fla.Stat. § 849.09 . . .

W. FARRINGTON, v. STATE, 207 So. 2d 513 (Fla. Dist. Ct. App. 1968)

. . . The appellant was found guilty after a non-jury trial of (1) violation of § 849.09(1) (d) Fla.Stat., . . . aiding or assisting in the setting up, promoting or conducting a lotttery, and of (2) violation of § 849.09 . . .

FANCE v. STATE, 207 So. 2d 331 (Fla. Dist. Ct. App. 1968)

. . . The appellants were convicted pursuant to § 849.09(d) Fla.Stat, F.S.A., of “aiding and assisting in a . . .

MARCHETTI v. UNITED STATES, 390 U.S. 39 (U.S. 1968)

. . . . § 849.09 (1965); Ga. Code Ann., c. 26-65 (1953); Hawaii Rev. . . .

R. LAMKIN, C. s a v. FAIRCLOTH, Jr. In, 204 So. 2d 747 (Fla. Dist. Ct. App. 1968)

. . . officials, notwithstanding the provisions of the gambling laws of the State (e. g., Sections 849.01, 849.09 . . .

ROBINSON, v. STATE, 205 So. 2d 343 (Fla. Dist. Ct. App. 1967)

. . . Count I charged defendant with a violation of § 849.09(1) (d), Fla.Stat., F.S.A., which reads: “849.09 . . .

M. LIPPINCOTT MORTGAGE INVESTMENT CO. OF FLORIDA, v. CHILDRESS, 204 So. 2d 919 (Fla. Dist. Ct. App. 1967)

. . . . § 849.09, F.S.A. . Blackburn v. Ippolito, (Fla.App.1963) 156 So.2d 550, 553. . Lee v. . . .

STATE v. BARNES, 28 Fla. Supp. 140 (Broward Cty. Ct. 1967)

. . . The court finds as a matter of law that the charge herein was apparently filed under Florida Statute 849.09 . . . The information, however, as drafted combines 849.09 (d) which is punishable as a felony and uses the . . . charging words “in that he sold chances thereon . . .” which actions are violative of 849.09 (g). . . . Inasmuch as Florida Statute 849.09 (d) is punishable as a felony but the charging words charge an act . . . proscribed by the legislature as a misdemeanor under Florida Statute 849.09 (g), the charge is incongruous . . .

STATE v. BATEMAN a k a, 194 So. 2d 626 (Fla. Dist. Ct. App. 1967)

. . . “ * * * having previously been convicted, adjudicated guilty and sentenced for a violation of F.S. 849.09 . . .

C. CHRISTIAN, a k a P. v. T. A. BUCHANAN,, 373 F.2d 32 (5th Cir. 1967)

. . . . § 849.09. Their sentences were affirmed on appeal. Christian et al. v. State, 1965, Fla.Ct. . . .

STATE v. SMITH,, 193 So. 2d 23 (Fla. Dist. Ct. App. 1966)

. . . See Fla.Stat., §§ 849.09(1) (h) and 849.09(4), F.S.A. . . .

STATE v. E. MACH, 187 So. 2d 918 (Fla. Dist. Ct. App. 1966)

. . . . § 849.09, F.S.A., prohibiting lottery. . . .

T. RAINWATER, E. J. F. A. O. v. STATE, 186 So. 2d 278 (Fla. Dist. Ct. App. 1966)

. . . appeal by the defendants following conviction for violation of the statute prohibiting a lottery (§ 849.09 . . .

BROWN v. STATE, 184 So. 2d 691 (Fla. Dist. Ct. App. 1966)

. . . to six months in the County Jail for possession of lottery tickets, a misdemeanor, in violation of § 849.09 . . . Jail for unlawfully aiding or assisting in the conducting of a lottery, a felony, in violation of § 849.09 . . .

LAMKIN, v. ATTORNEY GENERAL,, 26 Fla. Supp. 107 (Hillsborough Cty. Cir. Ct. 1966)

. . . enforcement officials, notwithstanding the provisions of the gambling laws of the state (e.g., §§849.01, 849.09 . . .

SMITH, v. STATE, 182 So. 2d 461 (Fla. Dist. Ct. App. 1966)

. . . introduced into evidence were sufficient evidence for the jury to find appellant guilty of violating Section 849.09 . . . The information is framed in the substantial language of Section 849.09(1), Florida Statutes, F.S.A. . . .

ANDREWS, v. STATE, 179 So. 2d 575 (Fla. Dist. Ct. App. 1965)

. . . The primary offense charged in the challenged information was based on Section 849.09(1) (d), Florida . . . The second offender provisions of Section 849.09 are found in subsections (3) and (4). . . . Therefore, since Section 849.09 does not provide authority for a second offender “charge” for a violation . . . The other, Section 849.09(3), (4), as noted earlier, has a limited application. . . . This continuous retention, along with the restricted application of Section 849.09(3) and (4), leads . . .

WYCHE, v. STATE, 178 So. 2d 875 (Fla. Dist. Ct. App. 1965)

. . . This conviction was based on Section 849.09(1) (g), Florida Statutes, F.S.A. . . . The charges in the instant case were based on Section 849.09(1) (d) (i. e., aiding in .conducting) and . . . Appellant asserts that under the provisions of Section 849.09(3) and (4), the second offender charge . . . of the appellant that the enhanced punishment provisions found in subsections (3) and (4) of Section 849.09 . . . Thus, it was immaterial which particular portion of Section 849.09 was alleged as having been previously . . .

H. MILLER v. STATE, 170 So. 2d 319 (Fla. Dist. Ct. App. 1964)

. . . . § 849.09 (d), F.S.A. . . . appellants’ contention that because possession of lottery paraphernalia is a misdemeanor under Fla.Stats. § 849.09 . . . (f) and (h), F.S.A., such possession cannot constitute proof of the felony defined in Fla.Stat. § 849.09 . . .

WELLS, v. STATE, 168 So. 2d 787 (Fla. Dist. Ct. App. 1964)

. . . Count 2 alleges an offense under § 849.09(1) (d), Fla.Stat., F.S.A., aiding or assisting in the setting . . . Count 4 alleges an offense under § 849.09(1) (h), Fla.Stat., F.S.A., possession of lottery tickets. . . . s eventual denial of that motion, the sufficiency of the evidence to sustain the conviction under § 849.09 . . .

ALDERMAN, v. STATE, 167 So. 2d 635 (Fla. Dist. Ct. App. 1964)

. . . Such charge constituted a felony as provided in subsection 849.09(d). . . . F.S. section 849.09 F.S.A. provides for two classes of lottery crimes — felonies and misdemeanors. . . . Sec. 849.09, F.S.A. may be convicted of a misdemeanor embodied therein where the information by apt language . . .

STAHL, v. STATE, 166 So. 2d 704 (Fla. Dist. Ct. App. 1964)

. . . Unlawfully setting up, promoting or conducting a lottery for money or anything of value, in violation of § 849.09 . . . were then and there interested in or connected with a lottery or lottery drawing in violation of § 849.09 . . . played, or representing or having represented an interest in a lottery already played, in violation of § 849.09 . . . lottery schemes or devices representing an interest in a lottery already played, in violation of § 849.09 . . .

SHARON, v. STATE, 156 So. 2d 677 (Fla. Dist. Ct. App. 1963)

. . . Furthermore, Count Two is a felony, as set out in § 849.09(2) Fla.Stat., F.S.A., punishable by confinement . . .

Ed BLACKBURN, Jr. v. IPPOLITO,, 156 So. 2d 550 (Fla. Dist. Ct. App. 1963)

. . . illegal as a lottery unless the participants purchase chances: “A lottery is operated contrary to Sec. 849.09 . . . Sec. 849.09, F.S.A. under which the accused is charged.. . . . Appellee was arrested on a charge of operating a lottery in violation of Section 849.09, and brought . . . the Dorman case, supra, and the Little River case, supra, and more in line with provisions of Sec. 849.09 . . .

STATE v. FERNANDEZ,, 156 So. 2d 400 (Fla. Dist. Ct. App. 1963)

. . . . § 849.09(4), F.S.A. . . . latter statute we determined that the principles therein enunciated were applicable to Fla.Stat. § 849.09 . . . Stats,. §§ 398.22, 849.09 F.S.A. . . .

STATE v. CURTIS, a k a, 152 So. 2d 754 (Fla. Dist. Ct. App. 1963)

. . . . § 849.09(1), F.S.A. and alleging, in its relevant parts, as follows: “That DOSCHER CURTIS, a/k/a DOSHER . . . aforesaid, having previously been convicted, adjudicated guilty and sentenced for a violation of F.S. 849.09 . . . a lottery law violation, the State sought to bring appellee within the felony terms of Fla.Stat. § 849.09 . . . Considering the similarity of Fla.Stat. § 562.45, F.S.A. and Fla.Stat. § 849.09(4), F.S.A., the statute . . . , concerned statutory provisions, Fla.Stats. §§> 775.09-775.11, F.S.A., dissimilar from Fla-Stat. § 849.09 . . .

STATE v. LEVESON, Jr., 151 So. 2d 283 (Fla. 1963)

. . . Section 849.09, Florida Statutes, F.S.A. . . .

LEVESON, Jr. v. STATE, 138 So. 2d 361 (Fla. Dist. Ct. App. 1962)

. . . See § 849.09, Fla.Stat., F.S.A. . . .

STATE v. TRAFFICANTE, H. C., 136 So. 2d 264 (Fla. Dist. Ct. App. 1961)

. . . to violate Section 838.01 of Florida Statutes Annotated pertaining to bribery and to violate Section 849.09 . . . , sub section 1(A), and Section 849.09, sub section 1(D) of Flordia Statutes Annotated pertaining to . . . a conspiracy to violate section 838.-01, Florida Statutes, F.S.A. pertaining to bribes and section 849.09 . . .

ALSPAUGH, v. STATE ALSPAUGH, v. STATE, 133 So. 2d 587 (Fla. Dist. Ct. App. 1961)

. . . in the Criminal Court of Record of Orange County, Florida, of violation of Florida Statutes, Section 849.09 . . .

STATE v. YANT, 18 Fla. Supp. 1 (Dade Cty. Cir. Ct. 1961)

. . . This language of the information charges a violation of §849.09(1) (h), F.S.A. . . . Where the only evidence introduced to prove the charge of possession of lottery tickets defined by §849.09 . . . had been conducted within the two years prior to their seizure in the possession of the defendant. §849.09 . . .

CITY OF MIAMI v. BOYD, 18 Fla. Supp. 159 (Dade Cty. Cir. Ct. 1960)

. . . ticket, or any evidence of any share or right in any lottery ticket.. . ”, etc., in violation of section 849.09 . . .

A. DIECIDUE, v. STATE, 119 So. 2d 803 (Fla. Dist. Ct. App. 1960)

. . . . § 849.09(1) (a) and § 849.09(1) (d), F.S.A. The reasoning in the case of Holliday v. . . . In that case the First District Court of Appeal reversed a lottery conviction under Fla.Stat. § 849.09 . . . essential element of the offense of being ‘interested in or connected * * * with’ a lottery under Sec. 849.09 . . . evidence of a completed offense, and this would greatly limit the felony provisions of Fla.Stat. § 849.09 . . .

GASTON, v. STATE, 118 So. 2d 83 (Fla. Dist. Ct. App. 1960)

. . . Appellant was convicted on two counts of an information based on Section 849.09, Florida Statutes, F.S.A . . . charged and convicted of having been interested in •or connected with a lottery contrary to Section 849.09 . . . Section 849.09(2), F.S.A., the punishment prescribed is “imprisonment in the state prison for not less . . .

SCIORTINO, v. STATE, 115 So. 2d 93 (Fla. Dist. Ct. App. 1959)

. . . setting up, promoting and conducting of a lottery, by selling shares therein, as denounced by section 849.09 . . .

C. EVERETT, v. L. MANN, 113 So. 2d 758 (Fla. Dist. Ct. App. 1959)

. . . a lottery, but with a misdemeanor offense, merely possession of tickets as denounced under section 849.09 . . .

ALEXANDER, L. v. STATE, 107 So. 2d 261 (Fla. Dist. Ct. App. 1958)

. . . See section 849.09, Florida Statutes, F.S.A. . . .

FLORIDA REAL ESTATE COMMISSION v. EVERETT, 13 Fla. Supp. 184 (Orange Cty. Cir. Ct. 1958)

. . . The Florida constitution prohibits lotteries in this state, and section 849.09, Florida Statutes, implements . . .

TRIBUE, v. STATE, 106 So. 2d 630 (Fla. Dist. Ct. App. 1958)

. . . The charges were laid and the penalty imposed under section 849.09, Florida Statutes, F.S.A. . . .

D. R. HUGHES, v. STATE, 103 So. 2d 207 (Fla. Dist. Ct. App. 1958)

. . . . § 849.09” See also Simmons v. State, 151 Fla. 778, 10 So.2d 436; Norwood v. . . .

HOLLIDAY, v. STATE, 104 So. 2d 137 (Fla. Dist. Ct. App. 1958)

. . . to be no authority for the proposition that such is necessary to establish the felonies under Sec. 849.09 . . . that to sustain a conviction of being “interested in or connected * * * with” a lottery under Sec. 849.09 . . . in the possession of an accused are admissible as evidence in proof of the felonies defined in Sec. 849.09 . . . Sec. 849.09, F.S.A. charged appellant with having set up; promoted and conducted a lottery for money, . . . Sec. 849.09, F.S.A. . . . third count of the information, as above quoted in part, charged him with the felony defined by Sec. 849.09 . . . Sec. 849.09, F.S.A. may be convicted of a misdemeanor embodied therein where the information by apt language . . . a lottery” and the elements of •proof by which guilt of that and the other felonies defined by Sec. 849.09 . . .

CHACON, v. STATE, 102 So. 2d 578 (Fla. 1957)

. . . and Cuba and Bond * * * ” This describes an offense which constitutes a felony condemned by Section 849.09 . . .

QUINCE v. STATE, 91 So. 2d 632 (Fla. 1956)

. . . . § 849.09(1) (d), denouncing the aiding or assisting in setting up, promoting or conducting any lottery . . .

BROWN, v. STATE, 91 So. 2d 620 (Fla. 1956)

. . . receiving and taking into his possession money for chances sold upon said lottery, as denounced by Section 849.09 . . .

GASKINS, v. STATE, 89 So. 2d 867 (Fla. 1956)

. . . . § 849.09, F.S.A. In a very similar case, Fletcher v. . . .

ALBANO, v. STATE, 89 So. 2d 342 (Fla. 1956)

. . . By direct information Albano was charged in four counts with violation of the lottery laws, Section 849.09 . . .

REDDITT, v. STATE, 88 So. 2d 126 (Fla. 1956)

. . . to permit proof against' each defendant of the offenses charged as-were within the scope of section 849.09 . . .

SAGONIAS, v. STATE, 89 So. 2d 252 (Fla. 1956)

. . . . § 849.09, F. . . . however, that the evidence introduced by the State was insufficient to prove a felony violation of F.S. § 849.09 . . . appellant could have been connected in any way which would make such connection a felony under F.S. § 849.09 . . . S. (1953) § 849.09 (1) (h, j), F.S.A. . . .

NELSON, v. STATE, 83 So. 2d 687 (Fla. 1955)

. . . offenses, misdemeanors and ■ felonies, defined in Chapter 26765, Laws of Florida, Acts of 1951, Sec. 849.09 . . . by engaging in the sale of tickets, the promotion of the lottery, under, paragraph (1) (a) of Sec. 849.09 . . . tickets, and an interest in a lottery or connection with a lottery under paragraph (1) (d) of Sec. 849.09 . . .

BLACKBURN, v. STATE WALL v. STATE LINO, v. STATE, 83 So. 2d 694 (Fla. 1955)

. . . Section 849.09, subsections 1(a) and (b), Florida Statutes 1951, F.S.A. . . . Section 849.09,' subsections 1(g) and (h),- Florida Statutes 1951, F.S.A. . . . holding of this Court was two-fold: (1) “Where a defendant is convicted under the lottery laws, Section 849.09 . . . violations charged in the other counts of the information, which were punishable only under section 849.09 . . .