Florida Statutes

Fla. Stat. § 849.092 (2025)

Motor fuel retail business; certain activities permitted.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 5 cases, 1986–2019 · leading case: In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015).

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In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). · cites it 6× “State prove that the defendant performed all the-acts incident to the lottery» If there is evidence of an exception referred to at the end of § 819.”

In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014). · cites it 2× “is not sufficient to show- that the defendant merely had possession-of or sold lottery tickets or had-possession of records of sale of lottery — tickets, but these circumstances, if established, may be-eonsidered with other evidence-in-determining — whetherguilt of actual…”

State v. South Cnty. Jewish Fed'n, 491 So. 2d 1183 (Fla. 4th DCA 1986). “Section 849.092(2)(a) states in pertinent part: [T]he entire proceeds derived from the conduct of such games, less actual business expenses for articles designed for and essential to the operation, conduct and playing of bingo, are donated by such organizations to the endeavors…”

In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018). · cites it 4× “, in § 849.092, Fla. Stat., § 849.0931, Fla. Stat.”

In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-05 (Fla. 2019). · cites it 14× “A “prize by lot or chance” is when the award or winning prize is determined by a chance or uncertain or contingent event, the outcome of which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice.”

— 849.092(2)(a) — 1 case

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