Florida Statute 849.092 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

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F.S. 849.092

849.092 Motor fuel retail business; certain activities permitted.—The provisions of s. 849.09 shall not be construed to prohibit or prevent persons who are licensed to conduct business under s. 206.404, from giving away prizes to persons selected by lot, if such prizes are made on the following conditions:

(1) Such gifts are conducted as advertising and promotional undertakings, in good faith, solely for the purpose of advertising the goods, wares, merchandise and business of such licensee; and

(2) The principal business of such licensee is the business permitted to be licensed under s. 206.404; and

(3) No person to be eligible to receive such gift shall ever be required to:

(a) Pay any tangible consideration to such licensee in the form of money or other property or thing of value, or

(b) Purchase any goods, wares, merchandise or anything of value from such licensee.

(4) The person selected to receive any such gift or prize offered by any such licensee in connection with any such advertising or promotion is notified of his or her selection at his or her last known address. Newspapers, magazines, television and radio stations may, without violating any law, publish and broadcast advertising matter describing such advertising and promotional undertakings of such licensees which may contain instructions pursuant to which persons desiring to become eligible for such gifts or prizes may make their name and address known to such licensee.

(5) All brochures, advertisements, promotional material, and entry blanks promoting such undertakings shall contain a clause stating that residents of Florida are entitled to participate in such undertakings and are eligible to win gifts or prizes.

History.—s. 1, ch. 63-553; s. 1, ch. 65-261; s. 1, ch. 71-287; s. 244, ch. 77-104; s. 1362, ch. 97-102.

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Amendments to 849.092

Arrestable Offenses / Crimes under Fla. Stat. 849.092

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 849.092.

Annotations, Discussions, Cases:

Cases Citing Statute 849.092

Total Results: 6

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

Court: Supreme Court of Florida | Date Filed: 2019-12-19

Snippet: to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935

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

Court: Supreme Court of Florida | Date Filed: 2018-12-13

Citation: 259 So. 3d 765

Snippet: to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935

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

Court: Supreme Court of Florida | Date Filed: 2015-10-08

Citation: 176 So. 3d 938, 2015 WL 5853925

Snippet: 09(1),_ Fla.— *963 Stat, in § 849.092, Fla. Stat, § 849:0981, Fla. Stat, or-§ 84,9.0985

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

Court: Supreme Court of Florida | Date Filed: 2014-07-10

Citation: 143 So. 3d 893, 2014 WL 3361905

Snippet: to at the end of § 84.9.09(1), Fla.Stat., in § 849.092 Fla. Stat., § 849.0931, Fla. Stat., § 849.0935

State v. South County Jewish Federation

Court: District Court of Appeal of Florida | Date Filed: 1986-07-09

Citation: 491 So. 2d 1183, 11 Fla. L. Weekly 1540, 1986 Fla. App. LEXIS 8693

Snippet: intangibles like rent, electricity or security. Section 849.092(2)(a) states in pertinent part: [T]he entire proceeds

Blackburn v. Ippolito

Court: District Court of Appeal of Florida | Date Filed: 1963-09-11

Citation: 156 So. 2d 550

Snippet: has amended the lottery statute by adding Sec. 849.092, Fla. Stat., F.S.A., which defines and sanctions