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Florida Statute 849.09 | Lawyer Caselaw & Research
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F.S. 849.09 Case Law from Google Scholar Google Search for Amendments to 849.09

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
F.S. 849.09
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.

F.S. 849.09 on Google Scholar

F.S. 849.09 on Casetext

Amendments to 849.09


Arrestable Offenses / Crimes under Fla. Stat. 849.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

S849.09 1a - LOTTERY-OPERATING - SET UP PROMOTE CONDUCT FOR MONEY - F: T
S849.09 1b - LOTTERY - DISPOSE OF MONEY OR PROPERTY BY - F: T
S849.09 1c - LOTTERY-OPERATING - CONDUCT ADVERTISE DRAWING SCHEME - F: T
S849.09 1d - LOTTERY-OPERATING - ASSIST IN SET UP OR CONDUCTING - F: T
S849.09 1e - LOTTERY-OPERATING - ATTEMPT OPERATE CONDUCT ADVERTISE SUBSQ VIOL - F: T
S849.09 1e - LOTTERY-OPERATING - ATTEMPT OPERATE CONDUCT ADVERTISE 1ST VIOL - M: F
S849.09 1f - LOTTERY - POSSESS IMPLEMENTS OR DEVICES SUBSQ VIOL - F: T
S849.09 1f - LOTTERY - POSSESS IMPLEMENTS OR DEVICES 1ST VIOL - M: F
S849.09 1g - LOTTERY - SELL OR TRANSMIT TICKET OR SHARE SUBSQ VIOL - F: T
S849.09 1g - LOTTERY - SELL OR TRANSMIT TICKET OR SHARE 1ST VIOL - M: F
S849.09 1h - LOTTERY-PLAYING - POSS TICKET SUBSQ VIOL - F: T
S849.09 1h - LOTTERY-PLAYING - POSS TICKET 1ST VIOL - M: F
S849.09 1i - LOTTERY - ASSIST IN SALE OF TICKET SUBSQ VIOL - F: T
S849.09 1i - LOTTERY - ASSIST IN SALE OF TICKET 1ST VIOL - M: F
S849.09 1j - LOTTERY - POSS ADVERTISEMENT FOR SUBSQ VIOL - F: T
S849.09 1j - LOTTERY - POSS ADVERTISEMENT FOR 1ST VIOL - M: F
S849.09 1k - LOTTERY-RUNNER - POSS PARAPHERNALIA TALLY SHEET REC SUBSQ VIOL - F: T
S849.09 1k - LOTTERY-RUNNER - POSS PARAPHERNALIA OR TALLY SHEET REC 1ST VIOL - M: F



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