The 2023 Florida Statutes
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Ligia Colceriu appeals the dismissal of her amended complaint against Jamie Barbary and her business, Engelhardt &Company, LLC (Barbary). Colceriu alleged that Barbary unlawfully profited from assisting Instagram "micro-influencers" to amass followers using a "giveaway," which Colceriu registered for free of cost and did not win. The district court ruled that Colceriu lacked standing to bring a putative class action against Barbary for operating an illegal lottery, Fla. Stat. §§ 849.09, 849.094, unjust enrichment, negligent misrepresentation, or violating the Florida Deceptive and Unfair Trade Practices Act, id. § 501.201 et seq. We affirm.
Regarding Plaintiff's claims that Defendants violated § 849.09 and FDUTPA, Plaintiff does not allege any specific injuries but only that she suffered a loss. (Dkt. 1 at ¶¶ 76-79, 87-97) With respect to Plaintiff's claims for unjust enrichment and negligent misrepresentation, Plaintiff states that she "continue[s] to suffer injuries as a result of the Defendants’ actions." (Id. at ¶ 81) Plaintiff cannot satisfy her burden to prove standing by merely alleging that Defendants violated Florida statutes or by simply intoning the word "injury." Accordingly, the Court finds that Plaintiff has failed to allege an injury-in-fact, and thus, failed to allege Article III standing necessary to sustain her claim.
§ 849.09(1)(k), Fla. Stat.
§ 849.09(1)(d), Fla.—Stat.
In addition to the offense of setting up, promoting, or conducting a lottery, see§ 849.09(1)(a), the statute forbids disposing of money or property by means of a lottery, § 849.09(1)(b); conducting a lottery drawing for prizes by lot or chance or advertising one, § 849.09(1)(c); aiding or assisting in a lottery or drawing, § 849.09(1)(d); attempting to conduct or advertise a lottery, § 849.09(1)(e); possessing a device for conducting a lottery, § 849.09(1)(f); selling, offering to sell, or transmitting a lottery ticket or a share of one, § 849.09(1)(g); possessing a lottery ticket or evidence of a share of one, § 849.09(1)(h); aiding or assisting in the sale, disposal, or procurement of a lottery ticket or a share of one, § 849.09(1)(i); possessing any lottery advertisement, circular, poster, pamphlet, or list or schedule of prizes, § 849.09(1)(j); and possessing papers, records, or instruments to be used in connection with lotteries or other illegal gambling, § 849.09(1)(k).
Fla. Stat. § 849.094 is an exception to Fla. Stat. § 849.09, which prohibits the operation of lotteries. Bill Analysis & Fiscal Impact Statement for S.B. 1030, Fla. Leg., at 2 (2013). Pursuant to Section 849.094, “operators” of “game promotions” may conduct such promotions in Florida subject to the requirements of Section 849.094(2). In relevant part, Section 849.094 states:
On June 25, 2009, the Defendants arrested Mr. Reed and seized Cyber Zone's computers and other equipment on the ground that the operation of its game promotion or sweepstakes violated Florida's gambling laws. Mr. Reed was charged with keeping a gambling house in violation of Fla. Stat. §§ 849.01 and 849.02; possession of a coin operated device in violation of Fla. Stat. §§ 849.15 and 849.16; and conducting an illegal lottery in violation of § 849.09, Florida Statutes. In addition to the criminal case, the State also initiated a parallel civil forfeiture proceeding which is still in progress.
The court entered a temporary injunction prohibiting the defendants from conducting bingo games, but did not require the State to post a bond. Later, the court granted the defendants' motion to require a $1.4 million bond, which ultimately led to the appeal decided by this court's decision in Bradenton I, which the supreme court approved in part and quashed in part in Bradenton II. The Florida Supreme Court held that a bingo game conducted by an organization not authorized under section 849.0931, or conducted by an authorized organization in violation of various provisions of section 849.0931, did not constitute a "lottery" under section 849.09 and was not racketeering subject to RICO liability. Bradenton II, 727 So.2d at 199. The supreme court explicitly disagreed with the State's argument that the defendants were unauthorized organizations whose violations of the Bingo Statute constituted illegal lotteries subject to punishment and forfeiture under the lottery and RICO statutes. Id. at 201. The court noted that the lottery statute expressly stated it did not apply to bingo. Id. at 202 (citing section 849.09( 3), Fla. Stat. (1991)). Furthermore, the RICO…
. . . 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 . . .