Florida Statute 849.9 - Full Text and Legal Analysis

The 2025 Florida Statutes

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 CourtListener

Amendments to 849.09

Annotations, Discussions, Cases:

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

Cases Citing Statute 849.09

Total Results: 108

Johnson v. State

27 So. 2d 276, 157 Fla. 685, 1946 Fla. LEXIS 831

Supreme Court of Florida | Filed: Jul 9, 1946 | Docket: 3274898

Cited 57 times | Published

three counts, each count charging violation of Section 849.09 Florida Statutes, 1941, (same F.S.A.), was

Longo v. State

26 So. 2d 818, 157 Fla. 668, 1946 Fla. LEXIS 826

Supreme Court of Florida | Filed: Jul 2, 1946 | Docket: 3268311

Cited 50 times | Published

were for lottery not yet played, contrary to section 849.09 Florida Statutes, 1941. F.S.A. He waived jury

United States v. Lanza

341 F. Supp. 405, 1972 U.S. Dist. LEXIS 14400

District Court, M.D. Florida | Filed: Mar 30, 1972 | Docket: 1618129

Cited 43 times | Published

evidence of the violation of Florida Statutes § 849.09, which makes it unlawful to conduct a lottery

Greater Loretta Imp. Ass'n v. State Ex Rel. Boone

234 So. 2d 665, 42 A.L.R. 3d 632

Supreme Court of Florida | Filed: Apr 22, 1970 | Docket: 1354077

Cited 36 times | Published

has "described" lotteries many times. F.S.A., § 849.09, prohibits a lottery and provides the penalties

Mixon v. State

54 So. 2d 190, 1951 Fla. LEXIS 1707

Supreme Court of Florida | Filed: Aug 28, 1951 | Docket: 208052

Cited 27 times | Published

charging violation of the lottery statute, Section 849.09, Florida Statutes 1941, F.S.A. The first count

Fuller v. State

31 So. 2d 259, 159 Fla. 200, 1947 Fla. LEXIS 755

Supreme Court of Florida | Filed: Jun 24, 1947 | Docket: 3269884

Cited 26 times | Published

counts drafted under the several provisions of Section 849.09, Fla. Stats. 1941 (FSA), was filed in the Circuit

Bowden v. State

402 So. 2d 1173

Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 1691514

Cited 23 times | Published

relating to obscene literature and profanity. 23. Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24

State v. Anderson

270 So. 2d 353

Supreme Court of Florida | Filed: Oct 11, 1972 | Docket: 1688606

Cited 23 times | Published

Bolita Cuba and/or bond, ... in violation of section 849.09(1)(d)." At the trial, witness Steele testified

Sharon v. State

156 So. 2d 677

District Court of Appeal of Florida | Filed: Oct 23, 1963 | Docket: 446207

Cited 23 times | Published

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

Blackburn v. Ippolito

156 So. 2d 550

District Court of Appeal of Florida | Filed: Sep 11, 1963 | Docket: 401000

Cited 21 times | Published

charge of operating a lottery in violation of Section 849.09, and brought habeas corpus proceedings in the

Williams v. State

69 So. 2d 766, 1953 Fla. LEXIS 1838

Supreme Court of Florida | Filed: Dec 8, 1953 | Docket: 464138

Cited 21 times | Published

defendant is convicted under the lottery laws, Section 849.09, F.S., as amended by Chapter 26765, Section

Tribue v. State

106 So. 2d 630

District Court of Appeal of Florida | Filed: Jul 16, 1958 | Docket: 1331922

Cited 19 times | Published

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

Sciortino v. State

115 So. 2d 93

District Court of Appeal of Florida | Filed: Oct 14, 1959 | Docket: 1506162

Cited 17 times | Published

by selling shares therein, as denounced by section 849.09(1) (d). 2. The defendant, while being held

Chacon v. State

102 So. 2d 578

Supreme Court of Florida | Filed: Apr 16, 1958 | Docket: 1281644

Cited 16 times | Published

offense which constitutes a felony condemned by Section 849.09(1) (d), Florida Statutes, F.S.A. It is unnecessary

State v. Leveson

151 So. 2d 283

Supreme Court of Florida | Filed: Mar 20, 1963 | Docket: 1254855

Cited 14 times | Published

violating various aspects of the lottery laws. Section 849.09, Florida Statutes, F.S.A. Prior to the trial

Sagonias v. State

89 So. 2d 252

Supreme Court of Florida | Filed: Mar 14, 1956 | Docket: 1257481

Cited 14 times | Published

was only guilty of a misdemeanor. F.S. (1953) § 849.09 (1) (h, j), F.S.A. If he received and transported

Alexander v. State

107 So. 2d 261

District Court of Appeal of Florida | Filed: Oct 8, 1958 | Docket: 1335987

Cited 12 times | Published

possession lottery tickets and records. See section 849.09, Florida Statutes, F.S.A. Appellants Williams

M. Lippincott Mortgage Investment Co. v. Childress

204 So. 2d 919

District Court of Appeal of Florida | Filed: Nov 30, 1967 | Docket: 1319520

Cited 11 times | Published

III, § 3, Florida Constitution, F.S.A. [2] F.S. § 849.09, F.S.A. [3] Blackburn v. Ippolito, (Fla.App.

Leveson v. State

138 So. 2d 361

District Court of Appeal of Florida | Filed: Mar 1, 1962 | Docket: 1726085

Cited 11 times | Published

bookmaking and (4) possession of lottery tickets. See § 849.09, Fla. Stat., F.S.A. The jury found him guilty

Gaskins v. State

89 So. 2d 867

Supreme Court of Florida | Filed: Oct 10, 1956 | Docket: 1257260

Cited 11 times | Published

both a felony and a misdemeanor condemned by F.S. § 849.09, F.S.A. In a very similar case, Fletcher v. State

Diaz v. State

43 So. 2d 13, 1949 Fla. LEXIS 1040

Supreme Court of Florida | Filed: Nov 29, 1949 | Docket: 3264413

Cited 11 times | Published

commonly known as New York Bond, in violation of section 849.09, Florida Statutes 1941, F.S.A. On an appeal

DEPT. of LEGAL AFFAIRS v. Bradenton Group

727 So. 2d 199, 23 Fla. L. Weekly Supp. 485, 1998 Fla. LEXIS 1824, 1998 WL 650595

Supreme Court of Florida | Filed: Sep 24, 1998 | Docket: 1438077

Cited 10 times | Published

CONSTITUTES A "LOTTERY" AS THAT TERM IS USED IN SECTION 849.09, FLORIDA STATUTES, AND, THUS, IS RACKETEERING

Fletcher v. State

65 So. 2d 845, 1953 Fla. LEXIS 1352

Supreme Court of Florida | Filed: Jun 9, 1953 | Docket: 1311089

Cited 10 times | Published

lottery statutes were amended and redrafted. By Section 849.09, F.S., as amended, F.S.A., some offenses in

Scullock v. State

377 So. 2d 682

Supreme Court of Florida | Filed: Nov 21, 1979 | Docket: 423598

Cited 9 times | Published

791.02; to "offer" to sell lottery tickets, section 849.09(g). Florida Statutes (1977). The construction

Burley v. State

59 So. 2d 744, 1952 Fla. LEXIS 1700

Supreme Court of Florida | Filed: Jul 11, 1952 | Docket: 1249214

Cited 9 times | Published

lottery tickets in their possession contrary to Section 849.09, F.S.A. They were sentenced to pay a fine of

Wyche v. State

178 So. 2d 875

District Court of Appeal of Florida | Filed: Sep 16, 1965 | Docket: 1696581

Cited 8 times | Published

lottery tickets. This conviction was based on Section 849.09(1) (g), Florida Statutes, F.S.A. The charges

Wells v. State

168 So. 2d 787

District Court of Appeal of Florida | Filed: Nov 10, 1964 | Docket: 1754471

Cited 7 times | Published

law violations. Count 2 alleges an offense under § 849.09(1) (d), Fla. Stat., F.S.A., aiding or assisting

Wheeler v. State

72 So. 2d 364, 1954 Fla. LEXIS 1405

Supreme Court of Florida | Filed: Feb 12, 1954 | Docket: 2460134

Cited 7 times | Published

containing charges of various violations of Section 849.09, Florida Statutes 1951, and F.S.A., denouncing

Bradenton Group, Inc. v. State

970 So. 2d 403

District Court of Appeal of Florida | Filed: Nov 9, 2007 | Docket: 1324847

Cited 6 times | Published

0931, did not constitute a "lottery" under section 849.09 and was not racketeering subject to RICO liability

Bradenton Group, Inc. v. Dept. of Legal Affairs

701 So. 2d 1170, 1997 Fla. App. LEXIS 11137, 1997 WL 609982

District Court of Appeal of Florida | Filed: Oct 3, 1997 | Docket: 1424935

Cited 6 times | Published

895.05, Florida Statutes ("civil RICO"), and section 849.09, Florida Statutes ["the lottery statute"],

State v. Ostergard

343 So. 2d 874

District Court of Appeal of Florida | Filed: Feb 8, 1977 | Docket: 1710562

Cited 6 times | Published

Andrews, Lewis and Jordan with violations of Section 849.09, Florida Statutes (1973), including the promoting

State v. Trafficante

136 So. 2d 264

District Court of Appeal of Florida | Filed: Dec 20, 1961 | Docket: 1749946

Cited 6 times | Published

to bribery and to violate Section 849.09, sub section 1(A), and Section 849.09, sub section 1(D) of Flordia

Albano v. State

89 So. 2d 342

Supreme Court of Florida | Filed: Sep 7, 1956 | Docket: 1257674

Cited 6 times | Published

counts with violation of the lottery laws, Section 849.09, Florida Statutes, F.S.A. In summary the charges

Rowe v. State

84 So. 2d 709

Supreme Court of Florida | Filed: Jan 18, 1956 | Docket: 1281163

Cited 6 times | Published

This count was framed to charge a violation of Section 849.09(1) (a), F.S.A. The defendant objected to the

3B TV, INC. v. State, Office of Atty. Gen.

794 So. 2d 744, 2001 WL 1110559

District Court of Appeal of Florida | Filed: Sep 24, 2001 | Docket: 1473403

Cited 5 times | Published

constituted a lottery drawing for money contrary to section 849.09, an unlawful game promotion contrary to section

Farrington v. State

207 So. 2d 513

District Court of Appeal of Florida | Filed: Mar 5, 1968 | Docket: 463368

Cited 5 times | Published

guilty after a non-jury trial of (1) violation of § 849.09(1) (d) Fla. Stat., F.S.A., which is aiding or

Alspaugh v. State

133 So. 2d 587

District Court of Appeal of Florida | Filed: Oct 4, 1961 | Docket: 1600008

Cited 5 times | Published

Florida, of violation of Florida Statutes, Section 849.09(1) (d) F.S.A., by conducting a "bolita lottery"

Everett v. Mann

113 So. 2d 758

District Court of Appeal of Florida | Filed: Jul 24, 1959 | Docket: 1490988

Cited 5 times | Published

merely possession of tickets as denounced under section 849.09 (h), Florida Statutes, F.S.A. We hold that

Broadnax v. State

57 So. 2d 651, 1952 Fla. LEXIS 1095

Supreme Court of Florida | Filed: Mar 25, 1952 | Docket: 550193

Cited 5 times | Published

waiting customers of Earl Whitaker's business. Section 849.09, F.S.A., makes it unlawful for any person "to

Winshare Club of Canada v. Department of Legal Affairs

542 So. 2d 974, 1989 WL 33240

Supreme Court of Florida | Filed: Apr 6, 1989 | Docket: 468889

Cited 4 times | Published

So.2d 348 (Fla. 5th DCA 1988), which found section 849.09, Florida Statutes (1985), to be constitutional

Fance v. State

207 So. 2d 331

District Court of Appeal of Florida | Filed: Feb 27, 1968 | Docket: 463357

Cited 3 times | Published

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

Fraterrigo v. State

10 So. 2d 304, 151 Fla. 654, 1942 Fla. LEXIS 1239

Supreme Court of Florida | Filed: Oct 30, 1942 | Docket: 3267209

Cited 3 times | Published

"Cuba bolita." The information was based on Section 849.09, Florida Statutes, 1941, denouncing lotteries

Vickery v. State

539 So. 2d 499, 1989 WL 12440

District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 1511011

Cited 2 times | Published

provisions of the Florida Statutes: * * * * * * (24) Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24

State Ex Rel. Shevin v. Turner

285 So. 2d 623

District Court of Appeal of Florida | Filed: Nov 23, 1973 | Docket: 1491679

Cited 2 times | Published

section 6 of the 1968 Florida Constitution and Section 849.09, Florida Statutes 1971, both prohibit lotteries

Anderson v. State

255 So. 2d 550

District Court of Appeal of Florida | Filed: Dec 3, 1971 | Docket: 1728515

Cited 2 times | Published

the County Solicitor unknown, in violation of Section 849.09(1) (d), Florida Statutes [F.S.A.] ... ." It

Blackburn v. State

83 So. 2d 694

Supreme Court of Florida | Filed: Jun 3, 1955 | Docket: 246208

Cited 2 times | Published

of certain felonies under the lottery law. Section 849.09, subsections 1(a) and (b), Florida Statutes

CYBER ZONE E-CAFE, INC. v. King

782 F. Supp. 2d 1331, 2011 U.S. Dist. LEXIS 35055, 2011 WL 1060720

District Court, M.D. Florida | Filed: Mar 22, 2011 | Docket: 1964929

Cited 1 times | Published

conducting an illegal lottery in violation of § 849.09, Florida Statutes. In addition to the criminal

State v. Croy

813 So. 2d 993, 2002 WL 424603

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1403394

Cited 1 times | Published

" on an information alleging a violation of section 849.09(1)(d), Florida Statutes (1999), which makes

Polakoff v. State

586 So. 2d 385, 1991 WL 148349

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1487824

Cited 1 times | Published

Chapter 687, relating to interest and usury. 4. Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24

Miller v. State

170 So. 2d 319

District Court of Appeal of Florida | Filed: Dec 9, 1964 | Docket: 438081

Cited 1 times | Published

promoting and conducting of a lottery. Fla. Stat. § 849.09 (d), F.S.A. A jury's verdict of guilty was returned

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-05

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761656

Published

CONDUCTING A LOTTERY § 849.09(1)(a), Fla. Stat. To prove the crime of

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-10.

259 So. 3d 765

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402541

Published

. 22.10 POSSESSING A LOTTERY TICKET § 849.09(1)(h), Fla. Stat. *782 To prove

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2016-02

199 So. 3d 234, 2016 WL 4480340

Supreme Court of Florida | Filed: Aug 25, 2016 | Docket: 4416254

Published

§ 849.0935(2), Fla. Stat., the lottery laws in § 849,09, Fla. Stat., do not prohibit an organization from

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

176 So. 3d 938, 2015 WL 5853925

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866126

Published

SETTING UP, PROMOTING, CONDUCTING A LOTTERY § 849.09(l)(a), Fla. Stat. To prove the crime of [Setting

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07

143 So. 3d 893, 2014 WL 3361905

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400982

Published

other lottery-related offenses proscribed by section 849.09, Florida Statutes (2013). See Fla

Incredible Investments, LLC v. Fernandez-Rundle

28 F. Supp. 3d 1272, 2014 WL 2959455, 2014 U.S. Dist. LEXIS 91252

District Court, S.D. Florida | Filed: Mar 3, 2014 | Docket: 64295776

Published

Stat. § 849.094 is an exception to Fla. Stat. § 849.09, which prohibits the operation of lotteries. Bill

Ago

Florida Attorney General Reports | Filed: Jul 8, 2008 | Docket: 3255385

Published

section 849.16, Florida Statutes. Moreover, section 849.09, Florida Statutes, generally prohibits a person

Ago

Florida Attorney General Reports | Filed: Nov 7, 2007 | Docket: 3257607

Published

by chance constitutes a lottery pursuant to section 849.09, Florida Statutes. Your description of the

Ago

Florida Attorney General Reports | Filed: Dec 10, 2004 | Docket: 3258542

Published

pursuant to section 849.0935, Florida Statutes? Section 849.09, Florida Statutes, makes it unlawful for any

Advisory Opinion to the Attorney General re Authorizes Miami-Dade & Broward County Voters to Approve Slot Machines in Parimutuel Facilities

880 So. 2d 522, 29 Fla. L. Weekly Supp. 233, 2004 Fla. LEXIS 667, 2004 WL 1064930

Supreme Court of Florida | Filed: May 13, 2004 | Docket: 64832253

Published

Statutes continue to differentiate the two. See § 849.09, Fla. Stat. (2003) (prohibiting “persons” from

Ago

Florida Attorney General Reports | Filed: May 16, 2000 | Docket: 3258205

Published

bingo proceeds generated by the organization. Section 849.09, Florida Statutes, makes it unlawful for any

Ago

Florida Attorney General Reports | Filed: Feb 5, 1998 | Docket: 3258055

Published

card constitutes a lottery within the scope of section 849.09, Florida Statutes. 3. Whether the opportunity

Ago

Florida Attorney General Reports | Filed: Sep 10, 1997 | Docket: 3255783

Published

0931(1)(c), Florida Statutes.1 Question One Section 849.09, Florida Statutes, makes it unlawful for any

Ago

Florida Attorney General Reports | Filed: Aug 13, 1997 | Docket: 3258472

Published

questions about the effect of the amendment. Section 849.09, Florida Statutes, makes it unlawful for any

Ago

Florida Attorney General Reports | Filed: Oct 18, 1995 | Docket: 3255408

Published

of the proceeds of the games. Question One Section 849.09, Florida Statutes, makes it unlawful for any

Ago

Florida Attorney General Reports | Filed: Apr 18, 1995 | Docket: 3257419

Published

additional chances to use the machine. Moreover, section 849.09, Florida Statutes, generally prohibits a person

Ago

Florida Attorney General Reports | Filed: Feb 10, 1994 | Docket: 3256663

Published

interrelated, they will be answered together. Section 849.09, Florida Statutes, makes it unlawful for any

Ago

Florida Attorney General Reports | Filed: Dec 3, 1993 | Docket: 3257873

Published

would violate s. 849.0935, F.S. Question One Section 849.09, F.S., makes it unlawful for any person in

Ago

Florida Attorney General Reports | Filed: Aug 27, 1993 | Docket: 3257712

Published

who gave contributions and those who did not. Section 849.09, F.S., makes it unlawful for any person in

Department of Legal Affairs v. Winshare Club of Canada

530 So. 2d 348, 13 Fla. L. Weekly 1731, 1988 Fla. App. LEXIS 3075, 1988 WL 73932

District Court of Appeal of Florida | Filed: Jul 21, 1988 | Docket: 64636693

Published

This is an appeal from an order declaring section 849.09, Florida Statutes (1985), unconstitutional

Hall v. State

512 So. 2d 303, 12 Fla. L. Weekly 2190, 1987 Fla. App. LEXIS 10246

District Court of Appeal of Florida | Filed: Sep 10, 1987 | Docket: 64629276

Published

counts of aiding in a lottery, in violation of section 849.09(l)(d), Florida Statutes, and was placed on

Megaphone Co. v. Southern Bell Telephone & Telegraph Co.

643 F. Supp. 1386, 1986 U.S. Dist. LEXIS 20840

District Court, S.D. Florida | Filed: Sep 3, 1986 | Docket: 66168963

Published

prosecution for any violation of Florida Statutes, Section 849.09. 20. Southern Bell contends plaintiffs’ message-

Hall v. State

460 So. 2d 428, 9 Fla. L. Weekly 2434, 1984 Fla. App. LEXIS 16645

District Court of Appeal of Florida | Filed: Nov 15, 1984 | Docket: 64608616

Published

promoting or conducting” lotteries in violation of section 849.09(l)(a), Florida Statutes, and have raised ten

Caldwell v. State

402 So. 2d 1260, 1981 Fla. App. LEXIS 20733

District Court of Appeal of Florida | Filed: Aug 11, 1981 | Docket: 64584821

Published

statutes in regard to lottery violations. See: Section 849.09(l)(a), (c), (d), (e), Florida Statutes (1979)

Paskind v. State ex rel. Salcines

390 So. 2d 1198, 1980 Fla. App. LEXIS 17581

District Court of Appeal of Florida | Filed: Nov 5, 1980 | Docket: 64579100

Published

-093 excepts bingo games from the operation of section 849.09, which generally proscribes lotteries, but

Salomon v. State

381 So. 2d 705, 1980 Fla. LEXIS 4161

Supreme Court of Florida | Filed: Mar 13, 1980 | Docket: 64575164

Published

court impliedly upheld the constitutionality of section 849.09, Florida Statutes (1975). The trial court’s

Quintana v. State

352 So. 2d 587, 1977 Fla. App. LEXIS 17112

District Court of Appeal of Florida | Filed: Dec 6, 1977 | Docket: 64561555

Published

assisting in conducting a lottery, in violation of Section 849.09(l)(d), Florida Statutes (1975). This appeal

Rifkin v. Florida Real Estate Commission

345 So. 2d 349

District Court of Appeal of Florida | Filed: Apr 1, 1977 | Docket: 64558342

Published

merely possession of tickets as denounced under section 849.09(h), Florida Statutes, F.S.A.” Thus, in Carp

Boyd v. State

319 So. 2d 157, 1975 Fla. App. LEXIS 15298

District Court of Appeal of Florida | Filed: Oct 3, 1975 | Docket: 64549266

Published

promoting or conducting a lottery in violation of § 849.09(1) (d), F.S. 1973. During the course of appellant’s

Rodriguez v. State

284 So. 2d 1, 1973 Fla. App. LEXIS 6447

District Court of Appeal of Florida | Filed: Oct 3, 1973 | Docket: 64534922

Published

assisting the conducting of a lottery in violation of § 849.09(1)(d) F.S.1969, F.S.A. They raise eight points

Barron v. State

271 So. 2d 115, 1972 Fla. LEXIS 3057

Supreme Court of Florida | Filed: Dec 20, 1972 | Docket: 64529553

Published

reviewed directly passes on the validity of Fla.Stat. § 849.09, F.S.A., prohibiting lotteries, thereby giving

State v. Fernandez

270 So. 2d 358, 1972 Fla. LEXIS 3166

Supreme Court of Florida | Filed: Oct 11, 1972 | Docket: 64529263

Published

lottery draw for money in violation of Fla.Stat. § 849.09(1) (d), F.S.A. He was convicted and entered his

Rodriguez v. State

257 So. 2d 81, 1972 Fla. App. LEXIS 7325

District Court of Appeal of Florida | Filed: Jan 21, 1972 | Docket: 64524081

Published

the County Solicitor unknown in violation of Section 849.09(1) (d), Florida Statutes, contrary to the *82form

Fernandez v. State

255 So. 2d 567, 1971 Fla. App. LEXIS 5634

District Court of Appeal of Florida | Filed: Jun 9, 1971 | Docket: 64523485

Published

a felony as provided in F.S. § 849.09(1) (d), F.S.A. and F.S. § 849.09(2), F.S.A. Fernandez was tried

State v. Chapman

240 So. 2d 491, 1970 Fla. App. LEXIS 5599

District Court of Appeal of Florida | Filed: Oct 27, 1970 | Docket: 64517171

Published

and Sixty-Five Cents ($191.65), in violation of § 849.09(1) (f), Florida Statutes, F.S.A. The final order

City of Miami v. Clarke

222 So. 2d 214, 1969 Fla. App. LEXIS 5770

District Court of Appeal of Florida | Filed: May 6, 1969 | Docket: 64509623

Published

the possession of lottery tickets contrary to § 849.-09(1) (h), Fla.Stat., F.S.A., and Chapter 38, § 50

Lattimore v. State

214 So. 2d 771, 1968 Fla. App. LEXIS 5048

District Court of Appeal of Florida | Filed: Oct 15, 1968 | Docket: 64507021

Published

possession of lottery tickets in violation of § 849.09(1) (h) Fla.Stat., F.S.A.; (2) aiding and assisting

State v. Cook

213 So. 2d 18, 1968 Fla. App. LEXIS 5082

District Court of Appeal of Florida | Filed: Jul 30, 1968 | Docket: 64506394

Published

certain lottery activities is illegal. Fla.Stat. § 849.09(1) (d), (i), F.S.A. It appears to be reasonable

Robinson v. State

205 So. 2d 343, 1967 Fla. App. LEXIS 4210

District Court of Appeal of Florida | Filed: Dec 27, 1967 | Docket: 64503475

Published

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

State v. Bateman

194 So. 2d 626

District Court of Appeal of Florida | Filed: Feb 3, 1967 | Docket: 64499616

Published

adjudicated guilty and sentenced for a violation of F.S. 849.09(1) (h) [F. S.A.] on February 13, 1963, to wit:

State v. Mach

187 So. 2d 918, 1966 Fla. App. LEXIS 5033

District Court of Appeal of Florida | Filed: Jun 10, 1966 | Docket: 64497163

Published

which in the main charged violations of F.S. § 849.09, F.S.A., prohibiting lottery. Following the filing

Brown v. State

184 So. 2d 691, 1966 Fla. App. LEXIS 5736

District Court of Appeal of Florida | Filed: Mar 1, 1966 | Docket: 64496208

Published

lottery tickets, a misdemeanor, in violation of § 849.09(1) (h), Fla.Stat, F.S.A., and to one year in the

Smith v. State

182 So. 2d 461, 1966 Fla. App. LEXIS 5913

District Court of Appeal of Florida | Filed: Jan 21, 1966 | Docket: 64495423

Published

jury to find appellant guilty of violating Section 849.09(1) (d), Florida Statutes, F.S.A., aiding and

Diaz v. State

181 So. 2d 351, 1965 Fla. App. LEXIS 3642

District Court of Appeal of Florida | Filed: Dec 15, 1965 | Docket: 64495066

Published

convicted of a violation of the lottery statute, § 849.-09, Fla.Stats.1941, F.S.A., and on appeal contended

Andrews v. State

179 So. 2d 575, 1965 Fla. App. LEXIS 3785

District Court of Appeal of Florida | Filed: Sep 16, 1965 | Docket: 64494547

Published

in the challenged information was based on Section 849.09(1) (d), Florida Statutes, F.S.A. The second

Alderman v. State

167 So. 2d 635

District Court of Appeal of Florida | Filed: Sep 29, 1964 | Docket: 64490727

Published

offering for sale lottery ticket or tickets. F.S. section 849.09 F.S.A. provides for two classes of lottery

Stahl v. State

166 So. 2d 704, 1964 Fla. App. LEXIS 4028

District Court of Appeal of Florida | Filed: Jul 14, 1964 | Docket: 64490397

Published

for money or anything of value, in violation of § 849.09(1) (a), Fla.Stat., F.S.A., (2) Unlawfully aiding

State v. Fernandez

156 So. 2d 400

District Court of Appeal of Florida | Filed: Sep 4, 1963 | Docket: 60215391

Published

information seeking conviction under Fla. Stat. § 849.09(4), F.S.A. Our decision rested, in large part

State v. Curtis

152 So. 2d 754, 1963 Fla. App. LEXIS 3647

District Court of Appeal of Florida | Filed: Apr 19, 1963 | Docket: 60211854

Published

charging appellee with a violation of Fla.Stat. § 849.09(1), F.S.A. and alleging, in its relevant parts

Diecidue v. State

119 So. 2d 803, 1960 Fla. App. LEXIS 2487

District Court of Appeal of Florida | Filed: Apr 1, 1960 | Docket: 60194773

Published

which the information rests, Fla.Stat. § 849.09(1) (a) and § 849.09(1) (d), F.S.A. The reasoning in the

Gaston v. State

118 So. 2d 83

District Court of Appeal of Florida | Filed: Jan 21, 1960 | Docket: 60194533

Published

convicted on two counts of an information based on Section 849.09, Florida Statutes, F.S.A., charging him (1)

Hughes v. State

103 So. 2d 207, 1958 Fla. App. LEXIS 2880

District Court of Appeal of Florida | Filed: Apr 30, 1958 | Docket: 60190255

Published

be on the highest degree of the offense. F.S.A. § 849.09” See also Simmons v. State, 151 Fla. 778, 10 So

Quince v. State

91 So. 2d 632

Supreme Court of Florida | Filed: Nov 6, 1956 | Docket: 64488656

Published

the information to charge a violation of F.S.A. § 849.09(1) (d), denouncing the aiding or assisting in

Brown v. State

91 So. 2d 620

Supreme Court of Florida | Filed: Oct 24, 1956 | Docket: 64488652

Published

chances sold upon said lottery, as denounced by Section 849.09(1) (e), Fla.Stat.19SS, F. S.A. His motion for

Redditt v. State

88 So. 2d 126, 1956 Fla. LEXIS 3767

Supreme Court of Florida | Filed: Jun 6, 1956 | Docket: 64488095

Published

offenses charged as-were within the scope of section 849.09, F.S. 1951, F.S.A. The charges against Redditt

Young v. State

69 So. 2d 761, 1953 Fla. LEXIS 1837

Supreme Court of Florida | Filed: Dec 8, 1953 | Docket: 64485029

Published

charging violation of the Lottery Statute, Section 849.09, Florida Statutes, F.S.A. Lorus Argie Young

Adams v. State

66 So. 2d 598, 1953 Fla. LEXIS 1583

Supreme Court of Florida | Filed: Jun 9, 1953 | Docket: 64484688

Published

of Chapter 26765, Laws of Florida 1951 [F.S.A. § 849.09(f — i) ]. The acts •defined in said subsections

Scaglione v. State

62 So. 2d 417, 1953 Fla. LEXIS 2076

Supreme Court of Florida | Filed: Jan 9, 1953 | Docket: 64483895

Published

and interested in” a lottery, as denounced by Section 849.09, Florida Statutes, F.S.A., and has appealed