Florida Statutes
Fla. Stat. § 849.12 (2025)
Money and prizes to be forfeited.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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849.12 Money and prizes to be forfeited.—All sums of money and every other valuable thing drawn and won as a prize, or as a share of a prize, or as a share, percentage or profit of the principal promoter or operator, in any lottery, and all money, currency or property of any kind to be disposed of, or offered to be disposed of, by chance or device in any scheme or under any pretext by any person, and all sums of money or other thing of value received by any person by reason of her or his being the owner or holder of any ticket or share of a ticket in a lottery, or pretended lottery, or of a share or right in any such schemes of chance or device and all sums of money and other thing of value used in the setting up, conducting or operation of a lottery, and all money or other thing of value at stake, or used or displayed in or in connection with any illegal gambling or any illegal gambling device contrary to the laws of this state, shall be forfeited, and may be recovered by civil proceedings, filed, or by action for money had and received, to be brought by the Department of Legal Affairs or any state attorney, or other prosecuting officer, in the circuit courts in the name and on behalf of the state; the same to be applied when collected as all other penal forfeitures are disposed of.
History.—s. 4, ch. 4373, 1895; GS 3585; RGS 5512; CGL 7670; s. 1, ch. 28088, 1953; ss. 11, 35, ch. 69-106; s. 1365, ch. 97-102.
Notes of Decisions
Cited in 3
cases, 1950–1977 · leading case: Boyle v. State, 47 So. 2d 693 (Fla. 1950).
Boyle v. State, 47 So. 2d 693 (Fla. 1950). “This appeal is from a judgment forfeiting a sum of currency under Section 849.12, Fla. Stat. 1941, F.S.A. The currency was obtained by the Sheriff of Palm Beach County while making a raid upon a gambling house pursuant to a search warrant.”
Baker v. State, 343 So. 2d 622 (Fla. 4th DCA 1977). “The State further argued that the appellants had no right to petition the trial court for the return of the money, as they did, and should have followed the requirements set forth in Section 116.21, Florida Statutes (1975).”
State v. Simmons, 85 So. 2d 879 (Fla. 1956). “This is an appeal by the State from an adverse judgment in proceedings instituted by it under Section 849.12, Fla. Stat. 1953, F.S.A., for the forfeiture of some 5 seized from the defendant-appellee, Julis Simmons, and allegedly being used in setting up, conducting and…”
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