The 2023 Florida Statutes (including Special Session C)
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. . . 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. . . .
. . . 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 . . .
. . . 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). . . . .
. . . . § 849.09, which prohibits the operation of lotteries. . . .
. . . . §§ 849.15 and 849.16; and conducting an illegal lottery in violation of § 849.09, Florida Statutes. . . .
. . . 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)). . . .
. . . See § 849.09, Fla. . . .
. . . 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 . . .
. . . the transmission of Basil Basset Bingo constituted a lottery drawing for money contrary to section 849.09 . . .
. . . 4), Florida Statutes (1995), which are designated as the Florida RICO laws, and sections 849.01 and 849.09 . . .
. . . Stat. 849.09(1)(a)-(d) (Florida). . . .
. . . 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 . . .
. . . 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 . . .
. . . 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, 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 . . .
. . . (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 . . .
. . . indictment or information under the following provisions of the Florida Statutes: ****** (24) Section 849.09 . . .
. . . 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 . . .
. . . Appellant on July 29,1983 plead guilty to three counts of aiding in a lottery, in violation of section 849.09 . . .
. . . 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 . . .
. . . 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. . . .
. . . prohibits the conducting of a lottery for money or anything of value as set forth in Florida Statute 849.09 . . .
. . . 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) . . .
. . . . §§ 849.08, 849.09(l)(b), and 849.-09(2), permit the arrest of bingo players as players of illegal lotteries . . .
. . . See: Section 849.09(l)(a), (c), (d), (e), Florida Statutes (1979). . . .
. . . Section 849.09, s. 849.14, s. 849.15, s. 849.23, s. 849.24, or s. 849.25, relating to gambling. 24. . . .
. . . . § 849.09(l)(a) and (b) (1975)). . . .
. . . 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 . . .
. . . 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), . . .
. . . 2)(b)(2); to “offer” to sell fireworks, section 791.02; to “offer” to sell lottery tickets, section 849.09 . . .
. . . . § 849.09 (1973) makes unlawful the promotion, operation, or participation in any lottery for money. . . .
. . . guilty after non-jury trial of aiding or assisting in conducting a lottery, in violation of Section 849.09 . . .
. . . a lottery, but with a misdemeanor offense, merely possession of tickets as denounced under section 849.09 . . .
. . . unlawfully aiding or assisting in the setting up, promoting or conducting a lottery in violation of § 849.09 . . .
. . . confidential informant, in a prosecution against the respondents for certain violations of the lottery law (§ 849.09 . . .
. . . 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 . . .
. . . Article X, section 6 of the 1968 Florida Constitution and Section 849.09, Florida Statutes 1971, both . . .
. . . 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 . . .
. . . . § 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 . . .
. . . 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.). . . .
. . . . § 849.09(1) (d), F.S.A. He was convicted and entered his appeal. . . .
. . . 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 . . .
. . . /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 . . .
. . . or Bond, a further description of which is to the County Solicitor unknown, in violation of Section 849.09 . . .
. . . . § 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . Nightengale actually travelled in interstate commerce with the intent to violate the Florida statute, Section 849.09 . . .
. . . 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 . . .
. . . . § 849.09, F.S.A.). . . . sufficiently define the offense, namely, the carrying on of a numbers lottery, in violation of Fla.Stat. § 849.09 . . .
. . . 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 . . .
. . . The appellants were convicted pursuant to § 849.09(d) Fla.Stat, F.S.A., of “aiding and assisting in a . . .
. . . . § 849.09 (1965); Ga. Code Ann., c. 26-65 (1953); Hawaii Rev. . . .
. . . officials, notwithstanding the provisions of the gambling laws of the State (e. g., Sections 849.01, 849.09 . . .
. . . Count I charged defendant with a violation of § 849.09(1) (d), Fla.Stat., F.S.A., which reads: “849.09 . . .
. . . . § 849.09, F.S.A. . Blackburn v. Ippolito, (Fla.App.1963) 156 So.2d 550, 553. . Lee v. . . .
. . . 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 . . .
. . . “ * * * having previously been convicted, adjudicated guilty and sentenced for a violation of F.S. 849.09 . . .
. . . . § 849.09. Their sentences were affirmed on appeal. Christian et al. v. State, 1965, Fla.Ct. . . .
. . . See Fla.Stat., §§ 849.09(1) (h) and 849.09(4), F.S.A. . . .
. . . . § 849.09, F.S.A., prohibiting lottery. . . .
. . . appeal by the defendants following conviction for violation of the statute prohibiting a lottery (§ 849.09 . . .
. . . 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 . . .
. . . enforcement officials, notwithstanding the provisions of the gambling laws of the state (e.g., §§849.01, 849.09 . . .
. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . Furthermore, Count Two is a felony, as set out in § 849.09(2) Fla.Stat., F.S.A., punishable by confinement . . .
. . . 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 . . .
. . . . § 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. . . .
. . . . § 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 . . .
. . . Section 849.09, Florida Statutes, F.S.A. . . .
. . . See § 849.09, Fla.Stat., F.S.A. . . .
. . . 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 . . .
. . . in the Criminal Court of Record of Orange County, Florida, of violation of Florida Statutes, Section 849.09 . . .
. . . 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 . . .
. . . ticket, or any evidence of any share or right in any lottery ticket.. . ”, etc., in violation of section 849.09 . . .
. . . . § 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 . . .
. . . 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 . . .
. . . setting up, promoting and conducting of a lottery, by selling shares therein, as denounced by section 849.09 . . .
. . . a lottery, but with a misdemeanor offense, merely possession of tickets as denounced under section 849.09 . . .
. . . See section 849.09, Florida Statutes, F.S.A. . . .
. . . The Florida constitution prohibits lotteries in this state, and section 849.09, Florida Statutes, implements . . .
. . . The charges were laid and the penalty imposed under section 849.09, Florida Statutes, F.S.A. . . .
. . . . § 849.09” See also Simmons v. State, 151 Fla. 778, 10 So.2d 436; Norwood v. . . .
. . . 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 . . .
. . . and Cuba and Bond * * * ” This describes an offense which constitutes a felony condemned by Section 849.09 . . .
. . . . § 849.09(1) (d), denouncing the aiding or assisting in setting up, promoting or conducting any lottery . . .
. . . receiving and taking into his possession money for chances sold upon said lottery, as denounced by Section 849.09 . . .
. . . . § 849.09, F.S.A. In a very similar case, Fletcher v. . . .
. . . By direct information Albano was charged in four counts with violation of the lottery laws, Section 849.09 . . .
. . . to permit proof against' each defendant of the offenses charged as-were within the scope of section 849.09 . . .
. . . . § 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. . . .
. . . 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 . . .
. . . 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 . . .