Florida Statute 849.36 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

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F.S. 849.36

849.36 Seizure and forfeiture of property used in the violation of lottery and gambling statutes.—

(1) Every vessel or vehicle used for, or in connection with, the removal, transportation, storage, deposit, or concealment of any lottery tickets, or used in connection with any lottery or game in violation of the statutes and laws of this state, shall be subject to seizure and forfeiture, as provided by the Florida Contraband Forfeiture Act.

(2) All gambling paraphernalia and lottery tickets as herein defined used in connection with a lottery, gambling, unlawful game of chance or hazard, in violation of the statutes and laws of this state, found by an officer in searching a vessel or vehicle used in the violation of the gambling laws shall be safely kept so long as it is necessary for the purpose of being used as evidence in any case, and as soon as may be afterwards, shall be destroyed by order of the court before whom the case is brought or certified to any other court having jurisdiction, either state or federal.

(3) The presence of any lottery ticket in any vessel or vehicle owned or being operated by any person charged with a violation of the gambling laws of the state, shall be prima facie evidence that such vessel or vehicle was or is being used in connection with a violation of the lottery and gambling statutes and laws of this state and as a means of removing, transporting, depositing, or concealing lottery tickets and shall be sufficient evidence for the seizure of such vessel or vehicle.

(4) The presence of lottery tickets in any room or place, including vessels and vehicles, shall be prima facie evidence that such room, place, vessel, or vehicle, and all apparatus, implements, machines, contrivances, or devices therein, (herein referred to as “gambling paraphernalia”) capable of being used in connection with a violation of the lottery and gambling statutes and laws of this state and shall be sufficient evidence for the seizure of such gambling paraphernalia.

(5) It shall be the duty of every peace officer in this state finding any vessel, vehicle, or paraphernalia being used in violation of the statutes and laws of this state as aforesaid to seize and take possession of such property for disposition as hereinafter provided. It shall also be the duty of every peace officer finding any such property being so used, in connection with any lawful search made by her or him, to seize and take possession of the same for disposition as hereinafter provided.

History.—s. 2, ch. 29712, 1955; s. 1, ch. 57-236; s. 8, ch. 74-385; s. 8, ch. 80-68; s. 1379, ch. 97-102.

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Amendments to 849.36

Arrestable Offenses / Crimes under Fla. Stat. 849.36

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 849.36.

Annotations, Discussions, Cases:

Cases Citing Statute 849.36

Total Results: 4

Ago

Court: Fla. Att'y Gen. | Date Filed: 2002-09-30T00:53:00-07:00

Snippet: property forfeiture from that described in sections 849.36-849.46, Florida Statutes. However, because the

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-06-26T00:53:00-07:00

Snippet: for evidence in criminal prosecutions. Sections 849.36-849.46, Florida Statutes, set forth a procedure…sections 849.15-849.22, Florida Statutes. Section 849.36, Florida Statutes, authorizes the seizure and forfeiture…paraphernalia.5 Rather, subsection (2) of section 849.36, Florida Statutes, requires that "All gambling…Gambling paraphernalia," for purposes of sections 849.36-849.46, Florida Statutes, includes "every …property seized under the provisions of sections 849.36-849.46, Florida Statutes, and the property must

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-02-22T23:53:00-08:00

Snippet: used in the manufacture of illicit liquors), s. 849.36, F. S. (lottery paraphernalia), s.849.231, F. S

State v. Dice

Court: Fla. Dist. Ct. App. | Date Filed: 1968-09-24T00:00:00-07:00

Citation: 214 So. 2d 87

Snippet: a proceeding brought for its forfeiture under § 849.36 Fla.Stat., F.S.A. In entering judgment adverse