Whoever by himself, his servant, clerk or agent, or in any other manner has, keeps, exercises or maintains a gaming table or room, or gaming implements or apparatus, or house, booth, tent, shelter or other place for the purpose of gaming or gambling or in any place of which he may directly or indirectly have charge, control or management, either exclusively or with others, procures, suffers or permits any person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History: s. 1, ch. 3764, 1887; RS 2644; GS 3572; RGS 5499; CGL 7657; s. 1059, ch. 71-136.
Whoever acts as servant, clerk, agent, or employee of any person in the violation of s. 849.01 shall be punished in the manner and to the extent therein mentioned. History: s. 2, ch. 3764, 1887; RS 2645; GS 3573; RGS 5500; CGL 7658.
Whoever, whether as owner or agent, knowingly rents to another a house, room, booth, tent, shelter or place for the purpose of gaming shall be punished in the manner and to the extent mentioned in s. 849.01. History: s. 3, ch. 3764, 1887; RS 2646; GS 3574; RGS 5501; CGL 7659.
Whoever being the proprietor, owner or keeper of any E. O., keno or pool table, or billiard table, wheel of fortune, or other game of chance, kept for the purpose of betting, willfully and knowingly allows any minor or any person who is mentally incompetent or under guardianship to play at such game or to bet on such game of chance or whoever aids or abets or otherwise encourages such playing or betting of any money or other valuable thing upon the result of such game of chance by any minor or any person who is mentally incompetent or under guardianship shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For the purpose of this section, a "mentally incompetent person" is one who because of mental illness, mental retardation, senility, excessive use of drugs or alcohol, or other mental incapacity is incapable of either managing his property or caring for himself or both. History: s. 1, ch. 3145, 1879; RS 2647; s. 9, ch. 4322, 1895; GS 3575; RGS 5502; CGL 7660; s. 1060, ch. 71-136; s. 5, ch. 88-33.
If any of the implements, devices or apparatus commonly used in games of chance in gambling houses or by gamblers, are found in any house, room, booth, shelter or other place it shall be prima facie evidence that the said house, room, booth, shelter or other place where the same are found is kept for the purpose of gambling. History: s. 4, ch. 3764, 1887; RS 2648; GS 3576; RGS 5503; CGL 7661; s. 243, ch. 77-104.
If any holder of a license to operate a billiard or pool table shall permit any person to play billiards or pool or any other game for money, or any other thing of value, upon such tables, he shall be deemed guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History: s. 14, ch. 6421, 1913; RGS 5505; CGL 7663; s. 1062, ch. 71-136.
Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History: RS 2651; s. 1, ch. 4514, 1895; GS 3579; RGS 5508; CGL 7666; s. 1063, ch. 71-136.
(1) Notwithstanding any other provision of law, it is not a crime for a person to participate in a game described in this section if such game is conducted strictly in accordance with this section.
(2) As used in this section:
(a) "Penny-ante game" means a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value.
(b) "Dwelling" means residential premises owned or rented by a participant in a penny-ante game and occupied by such participant or the common elements or recreational areas of a condominium or mobile home park of which a participant in a penny-ante game is a unit owner, or the facilities of an organization which is tax exempt under s. 501(c)(7) of the Internal Revenue Code. The term "dwelling" also includes a college dormitory room or the common recreational area of a college dormitory or a publicly owned community center owned by a municipality or county.
(3) A penny-ante game is subject to the following restrictions:
(a) The game must be conducted in a dwelling.
(b) A person may not receive any consideration or commission for allowing a penny-ante game to occur in his dwelling.
(c) A person may not directly or indirectly charge admission or any other fee for participation in the game.
(d) A person may not solicit participants by means of advertising in any form, advertise the time or place of any penny-ante game, or advertise the fact that he will be a participant in any penny-ante game.
(e) A penny-ante game may not be conducted in which any participant is under 18 years of age.
(4) A debt created or owed as a consequence of any penny-ante game is not legally enforceable.
(5) The conduct of any penny-ante game within the common elements or recreation area of a condominium or mobile home park or the conduct of any penny-ante game within the dwelling of an eligible organization as defined in subsection (2) or within a publicly owned community center owned by a municipality or county creates no civil liability for damages arising from the penny-ante game on the part of a condominium association, mobile home owner's association, dwelling owner, or municipality or county or on the part of a unit owner who was not a participant in the game. History: s. 1, ch. 89-366; s. 33, ch. 91-197.
(1) It is unlawful for any person in this state to:
(a) Set up, promote, or conduct any lottery for money or for anything of value;
(b) Dispose of any money or other property of any kind whatsoever by means of any lottery;
(c) Conduct any lottery drawing for the distribution of a prize or prizes by lot or chance, or advertise any such lottery scheme or device in any newspaper or by circulars, posters, pamphlets, radio, telegraph, telephone, or otherwise;
(d) Aid or assist in the setting up, promoting, or conducting of any lottery or lottery drawing, whether by writing, printing, or in any other manner whatsoever, or be interested in or connected in any way with any lottery or lottery drawing;
(e) Attempt to operate, conduct, or advertise any lottery scheme or device;
(f) Have in his possession any lottery wheel, implement, or device whatsoever for conducting any lottery or scheme for the disposal by lot or chance of anything of value;
(g) Sell, offer for sale, or transmit, in person or by mail or in any other manner whatsoever, any lottery ticket, coupon, or share, or any share in or fractional part of any lottery ticket, coupon, or share, whether such ticket, coupon, or share represents an interest in a live lottery not yet played or whether it represents, or has represented, an interest in a lottery that has already been played;
(h) Have in his possession any lottery ticket, or any evidence of any share or right in any lottery ticket, or in any lottery scheme or device, whether such ticket or evidence of share or right represents an interest in a live lottery not yet played or whether it represents, or has represented, an interest in a lottery that has already been played;
(i) Aid or assist in the sale, disposal, or procurement of any lottery ticket, coupon, or share, or any right to any drawing in a lottery; or
(j) Have in his possession any lottery advertisement, circular, poster, or pamphlet, or any list or schedule of any lottery prizes, gifts, or drawings.
(k) Have in his possession any so-called "run down
sheets," tally sheets, or other papers, records, instruments, or
paraphernalia designed for use, either directly or indirectly, in,
or in connection with, the violation of the laws of this state
prohibiting lotteries and gambling.
(2) Any person who is convicted of violating any of
the provisions of paragraph (a), paragraph (b), paragraph (c), or
paragraph (d) of subsection (1) is guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(3) Any person who is convicted of violating any of
the provisions of paragraph (e), paragraph (f), paragraph (g),
paragraph (i), or paragraph (k) of subsection (1) is guilty of a
misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083. Any person who, having been convicted of
violating any provision thereof, thereafter violates any provision
thereof is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. The provisions
of this section do not apply to bingo as provided for in s.
849.0931.
(4) Any person who is convicted of violating any of
the provisions of paragraph (h) or paragraph (j) of subsection (1)
is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083. Any person who, having been
convicted of violating any provision thereof, thereafter violates
any provision thereof is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History: s. 1, ch. 4373, 1895; GS 3582; RGS 5509; CGL 7667; s. 1, ch.
26765, 1951; s. 1, ch. 67-72; s. 1, ch. 67-435; ss. 1, 2, ch.
69-91; s. 1064, ch. 71-136; s. 168, ch. 83-216; s. 4, ch. 91-206;
ss. 4, 6, ch. 92-280; s. 1, ch. 93-160.
(1) The organization of any chain letter club, pyramid
club, or other group organized or brought together under any plan
or device whereby fees or dues or anything of material value to be
paid or given by members thereof are to be paid or given to any
other member thereof, which plan or device includes any provision
for the increase in such membership through a chain process of new
members securing other new members and thereby advancing themselves
in the group to a position where such members in turn receive
fees, dues, or things of material value from other members, is
hereby declared to be a lottery, and whoever shall participate in
any such lottery by becoming a member of, or affiliating with, any
such group or organization or who shall solicit any person for
membership or affiliation in any such group or organization commits
a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
(2) A "pyramid sales scheme," which is any sales
or marketing plan or operation whereby a person pays a
consideration of any kind, or makes an investment of any kind, in
excess of $100 and acquires the opportunity to receive a benefit or
thing of value which is not primarily contingent on the volume or
quantity of goods, services, or other property sold in bona fide
sales to consumers, and which is related to the inducement of
additional persons, by himself or others, regardless of number, to
participate in the same sales or marketing plan or operation, is
hereby declared to be a lottery, and whoever shall participate in
any such lottery by becoming a member of or affiliating with, any
such group or organization or who shall solicit any person for
membership or affiliation in any such group or organization commits
a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083. For purposes of this subsection, the term
"consideration" and the term "investment" do not include
the purchase of goods or services furnished at cost for use in
making sales, but not for resale, or time and effort spent in the
pursuit of sales or recruiting activities.
History: s. 1, ch. 25096, 1949; s. 1065, ch. 71-136; s. 1, ch. 91-15;
s. 215, ch. 91-224.
(1) Referral selling, whereby the seller gives or
offers a rebate or discount to the buyer as an inducement for a
sale in consideration of the buyer's providing the seller with the
names of prospective purchasers, is declared to be a lottery if
earning the rebate or discount is contingent upon the occurrence of
an event subsequent to the time the buyer agrees to buy.
(2) Any person conducting a lottery by referral
selling is guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
(3) In addition to the penalty provided herein, the
Attorney General and his assistants, the state attorneys and their
assistants, and the Division of Consumer Services of the Department
of Agriculture and Consumer Services are authorized to apply to
the circuit court within their respective jurisdictions, and such
court shall have jurisdiction, upon hearing and for cause shown, to
grant a temporary or permanent injunction restraining any person
from violating the provisions of this section, whether or not there
exists an adequate remedy at law, and such injunction shall issue
without bond.
History: s. 1, ch. 72-110; s. 34, ch. 73-334.
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 selection at his 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.
(1) As used in this section:
(a) "Bingo game" means and refers to the activity, commonly
known as "bingo," in which participants pay a sum of money for the use of
one or more bingo cards. When the game commences, numbers are drawn by
chance, one by one, and announced. The players cover or mark those numbers on
the bingo cards which they have purchased until a player receives a given
order of numbers in sequence that has been preannounced for that particular
game. This player calls out "bingo" and is declared the winner of a
predetermined prize. More than one game may be played upon a bingo card, and
numbers called for one game may be used for a succeeding game or
games.
(b) "Bingo card" means and refers to the flat piece of paper or
thin pasteboard employed by players engaged in the game of bingo. The bingo
card shall have not fewer than 24 playing numbers printed on it. These
playing numbers shall range from 1 through 75, inclusive. More than one set
of bingo numbers may be printed on any single piece of paper.
(c) "Charitable, nonprofit, or veterans' organization" means an
organization which has qualified for exemption from federal income tax as an
exempt organization under the provisions of s. 501(c) of the Internal Revenue
Code of 1954 or s. 528 of the Internal Revenue Code of 1986, as amended;
which is engaged in charitable, civic, community, benevolent, religious, or
scholastic works or other similar activities; and which has been in existence
and active for a period of 3 years or more.
(d) "Objects" means a set of 75 balls or other precision shapes
that are imprinted with letters and numbers in such a way that numbers 1
through 15 are marked with the letter "B," numbers 16 through 30 are
marked with the letter "I," numbers 31 through 45 are marked with the
letter "N," numbers 46 through 60 are marked with the letter "G," and
numbers 61 through 75 are marked with the letter "O."
(e) "Rack" means the container in which the objects are placed
after being drawn and announced.
(f) "Receptacle" means the container from which the objects are
drawn or ejected.
(g) "Session" means a designated set of games played in a day or
part of a day.
(2)
(a) None of the provisions of this chapter shall be construed to
prohibit or prevent charitable, nonprofit, or veterans' organizations engaged
in charitable, civic, community, benevolent, religious, or scholastic works
or other similar endeavors, which organizations have been in existence and
active for a period of 3 years or more, from conducting bingo games, provided
the 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 mentioned above. In no case may the net proceeds from the conduct
of such games be used for any other purpose whatsoever. The proceeds derived
from the conduct of bingo games shall not be considered solicitation of
public donations.
(b) It is the express intent of the Legislature that no charitable,
nonprofit, or veterans' organization serve as a sponsor of a bingo game
conducted by another, but such organization may only be directly involved in
the conduct of such a game as provided in this act.
(3) If an organization is not engaged in efforts of the type set
out above, its right to conduct bingo games hereunder is conditioned upon the
return of all the proceeds from such games to the players in the form of
prizes. If at the conclusion of play on any day during which a bingo game is
allowed to be played under this section there remain proceeds which have not
been paid out as prizes, the organization conducting the game shall at the
next scheduled day of play conduct bingo games without any charge to the
players and shall continue to do so until the proceeds carried over from the
previous days played have been exhausted. This provision in no way extends
the limitation on the number of prize or jackpot games allowed in one day as
provided for in subsection (5).
(4) The right of a condominium association, a mobile home
owners' association, a group of residents of a mobile home park as defined in
chapter 723, or a group of residents of a mobile home park or recreational
vehicle park as defined in chapter 513 to conduct bingo is conditioned upon
the return of the net proceeds from such games to players in the form of
prizes after having deducted the actual business expenses for such games for
articles designed for and essential to the operation, conduct, and playing of
bingo. Any net proceeds remaining after paying prizes may be donated by the
association to a charitable, nonprofit, or veterans' organization which is
exempt from federal income tax under the provisions of s. 501(c) of the
Internal Revenue Code to be used in such recipient organization's charitable,
civic, community, benevolent, religious, or scholastic works or similar
activities or, in the alternative, such remaining proceeds shall be used as
specified in subsection (3).
(5) No jackpot shall exceed the value of $250 in actual money or
its equivalent, and there shall be no more than three jackpots in any one
session of bingo.
(6) The number of days per week during which organizations
authorized hereunder may conduct bingo may not exceed two.
(7) There shall be no more than three jackpots on any one day of
play. All other game prizes shall not exceed $50.
(8) Each person involved in the conduct of any bingo game must
be a resident of the community where the organization is located and a bona
fide member of the organization sponsoring such game and may not be
compensated in any way for operation of such bingo game. When bingo games
are conducted by a charitable, nonprofit, or veterans' organization, the
organization conducting the bingo games shall be required to designate up to
three members of that organization to be in charge of the games, one of whom
shall be present during the entire session at which the bingo games are
conducted. The organization conducting the bingo games is responsible for
posting a notice, which notice states the name of the organization and the
designated member or members, in a conspicuous place on the premises at which
the session is held. In no event may a caller in a bingo game be a
participant in that bingo game.
(9) Every charitable, nonprofit, or veterans' organization
involved in the conduct of a bingo game must be located in the county, or
within a 15-mile radius of, where the bingo game is located.
(10)
(a) No one under 18 years of age shall be allowed to play any bingo
game or be involved in the conduct of a bingo game in any way.
(b) Any organization conducting bingo open to the public may refuse
entry to any person who is objectionable or undesirable to the sponsoring
organization, but such refusal of entry shall not be on the basis of race,
creed, color, religion, sex, national origin, marital status, or physical
handicap.
(11) Bingo games may be held only on the following premises:
(a) Property owned by the charitable, nonprofit, or veterans'
organization.
(b) Property owned by the charitable, nonprofit, or veterans'
organization that will benefit by the proceeds.
(c) Property leased for a period of not less than 1 year by a
charitable, nonprofit, or veterans' organization, providing the lease or
rental agreement does not provide for the payment of a percentage of the
proceeds generated at such premises to the lessor or any other party and
providing the rental rate for such premises does not exceed the rental rates
charged for similar premises in the same locale.
(d) Property owned by a municipality or a county when the governing
authority has, by appropriate ordinance or resolution, specifically
authorized the use of such property for the conduct of such games.
(e) With respect to bingo games conducted by a condominium
association, a mobile home owners' association, a group of residents of a
mobile home park as defined in chapter 723, or a group of residents of a
mobile home park or recreational vehicle park as defined in chapter 513,
property owned by the association, property owned by the residents of the
mobile home park or recreational vehicle park, or property which is a common
area located within the condominium, mobile home park, or recreational
vehicle park.
(12) Each bingo game shall be conducted in accordance with the
following rules:
(a) The objects, whether drawn or ejected, shall be essentially
equal as to size, shape, weight, and balance and as to all other
characteristics that may control their selection from the receptacle. The
caller shall cancel any game if, during the course of a game, the mechanism
used in the drawing or ejection of objects becomes jammed in such a manner as
to interfere with the accurate determination of the next number to be
announced or if the caller determines that more than one object is labeled
with the same number or that there is a number to be drawn without a
corresponding object. Any player in a game canceled pursuant to this
paragraph shall be permitted to play the next game free of charge.
(b) Prior to commencement of any bingo session, the member in charge
shall cause a verification to be made of all objects to be placed in the
receptacle and shall inspect the objects in the presence of a disinterested
person to ensure that all objects are present and that there are no
duplications or omissions of numbers on the objects. Any player shall be
entitled to call for a verification of numbers before, during, and after a
session.
(c) The card or sheet on which the game is played shall be part of a
deck, group, or series, no two of which may be alike in any given
game.
(d) All numbers shall be visibly displayed after being drawn and
before being placed in the rack.
(e) A bona fide bingo shall consist of a predesignated arrangement
of numbers on a card or sheet that correspond with the numbers on the objects
drawn from the receptacle and announced. Errors in numbers announced or
misplaced in the rack may not be recognized as a bingo.
(f) When a caller has started to vocally announce a number, he shall
complete the call. If any player has obtained a bingo on a previous number,
such player will share the prize with the player who gained bingo on the last
number called.
(g) Numbers on the winning cards or sheets shall be announced and
verified in the presence of another player. Any player shall be entitled at
the time the winner is determined to call for a verification of numbers
drawn. The verification shall be in the presence of the member designated to
be in charge of the occasion or, if such person is also the caller, in the
presence of an officer of the licensee.
(h) Upon determining a winner, the caller shall ask, "Are there
any other winners?" If no one replies, the caller shall declare the game
closed. No other player is entitled to share the prize unless he has
declared a bingo prior to this announcement.
(i) Seats may not be held or reserved by an organization or person
involved in the conduct of any bingo game for players not present, nor may
any cards be set aside, held, or reserved from one session to another for any
player.
(13) Any organization or other person who willfully and
knowingly violates any provision of this section is guilty of a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083. For
a second or subsequent offense, the organization or other person is guilty of
a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History: ss. 1, 6, ch. 92-280; s. 1, ch. 93-160; s. 1, ch.
94-326.
(1) As used in this section, the term:
(a) "Drawing by chance" or "drawing" means an
enterprise in which, from the entries submitted by the public to
the operator of the drawing, one or more entries are selected by
chance to win a prize. The term "drawing" does not include
those enterprises, commonly known as "matching," "instant
winner," or "preselected sweepstakes," which involve the
distribution of winning numbers, previously designated as such, to
the public.
(b) "Operator" means an organization qualified under
26 U.S.C. s. 501(c)(3), and its agents, officers, or employees,
which promotes, operates, or conducts a drawing by
chance.
(2) The provisions of s. 849.09 shall not be construed
to prohibit an organization qualified under 26 U.S.C. s. 501(c)(3)
from conducting drawings by chance, provided the operator has
complied with all applicable provisions of chapter 496.
(3) All brochures, advertisements, notices, tickets,
or entry blanks used in connection with a drawing by chance shall
conspicuously disclose:
(a) The rules governing the conduct and operation of the
drawing.
(b) The full name of the organization or operator, and its
principal place of business.
(c) The source of the funds used to award cash prizes or
to purchase prizes.
(d) The date, hour, and place where the winner will be
chosen, unless the brochures, advertisements, notices, tickets, or
entry blanks are not offered to the public more than 3 days prior
to the drawing.
(4) It is unlawful for any operator who, pursuant to
the authority granted by this section, promotes, operates, or
conducts a drawing by chance:
(a) To design, engage in, promote, or conduct any drawing
in which the winner is predetermined by means of matching, instant
win, or preselected sweepstakes or otherwise or in which the
selection of the winners is in any way rigged;
(b) To require an entry fee, payment, proof of purchase,
or contribution as a condition of entering the drawing or of being
selected to win a prize;
(c) To arbitrarily remove, disqualify, disallow, or reject
any entry or to discriminate in any manner between entrants who
gave contributions to the operator and those who did not give such
contributions;
(d) To fail to promptly notify, at the address set forth
on the entry blank, any person, whose entry is selected to win, of
the fact that he won;
(e) To fail to award all prizes offered in the manner and
at the time stated; and
(f) To print, publish, or circulate literature or
advertising material used in connection with the drawing which is
false, deceptive, or misleading.
(5) Any operator who engages in any act or practice in
violation of this section is guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
However, any operator or other person who sells or offers for sale
in this state a ticket or entry blank for a raffle or other drawing
by chance, without complying with the requirements of paragraph
(3)(d), is guilty of a misdemeanor of the second degree, punishable
by fine only as provided in s. 775.083.
(6) This section does not apply to the state lottery
operated pursuant to chapter 24.
History: s. 1, ch. 84-181; ss. 1, 2, ch. 88-115; s. 216, ch.
91-224.
(1) As used in this section, the term:
(a) "Game promotion" means, but is not limited to, a contest,
game of chance, or gift enterprise, conducted within or throughout the state
and other states in connection with the sale of consumer products or
services, and in which the elements of chance and prize are present.
However, "game promotion" shall not be construed to apply to bingo games
conducted pursuant to s. 849.0931.
(b) "Operator" means any person, firm, corporation, or
association or agent or employee thereof who promotes, operates, or conducts
a game promotion, except any charitable nonprofit
organization.
(2) It is unlawful for any operator:
(a) To design, engage in, promote, or conduct such a game promotion,
in connection with the promotion or sale of consumer products or services,
wherein the winner may be predetermined or the game may be manipulated or
rigged so as to:
1. Allocate a winning game or any portion thereof to certain
lessees, agents, or franchises; or
2. Allocate a winning game or part thereof to a particular period
of the game promotion or to a particular geographic area;
(b) Arbitrarily to remove, disqualify, disallow, or reject any
entry;
(c) To fail to award prizes offered;
(d) To print, publish, or circulate literature or advertising
material used in connection with such game promotions which is false,
deceptive, or misleading; or
(e) To require an entry fee, payment, or proof of purchase as a
condition of entering a game promotion.
(3) The operator of a game promotion in which the total
announced value of the prizes offered is greater than $5,000 shall file with
the Department of State a copy of the rules and regulations of the game
promotion and a list of all prizes and prize categories offered at least 7
days before the commencement of the game promotion. Such rules and
regulations may not thereafter be changed, modified, or altered. The
operator of a game promotion shall conspicuously post the rules and
regulations of such game promotion in each and every retail outlet or place
where such game promotion may be played or participated in by the public and
shall also publish the rules and regulations in all advertising copy used in
connection therewith. Radio and television announcements may indicate that
the rules and regulations are available at retail outlets or from the
operator of the promotion. A nonrefundable filing fee of $100 shall accompany
each filing and shall be deposited into the Division of Licensing Trust Fund
to be used to pay the costs incurred in administering and enforcing the
provisions of this section.
(4)
(a) Every operator of such a game promotion in which the total
announced value of the prizes offered is greater than $5,000 shall establish
a trust account, in a national or state-chartered financial institution, with
a balance sufficient to pay or purchase the total value of all prizes
offered. On a form supplied by the Department of State, an official of the
financial institution holding the trust account shall set forth the dollar
amount of the trust account, the identity of the entity or individual
establishing the trust account, and the name of the game promotion for which
the trust account has been established. Such form shall be filed with the
Department of State at least 7 days in advance of the commencement of the
game promotion. In lieu of establishing such trust account, the operator may
obtain a surety bond in an amount equivalent to the total value of all prizes
offered; and such bond shall be filed with the Department of State at least 7
days in advance of the commencement of the game promotion.
1. The moneys held in the trust account may be withdrawn in order
to pay the prizes offered only upon certification to the Department of State
of the name of the winner or winners and the amount of the prize or prizes
and the value thereof.
2. If the operator of a game promotion has obtained a surety bond
in lieu of establishing a trust account, the amount of the surety bond shall
equal at all times the total amount of the prizes offered.
(b) The Department of State may waive the provisions of this
subsection for any operator who has conducted game promotions in the state
for not less than 5 consecutive years and who has not had any civil,
criminal, or administrative action instituted against him by the state or an
agency of the state for violation of this section within that 5-year period.
Such waiver may be revoked upon the commission of a violation of this section
by such operator, as determined by the Department of State.
(5) Every operator of a game promotion in which the total
announced value of the prizes offered is greater than $5,000 shall provide
the Department of State with a certified list of the names and addresses of
all persons, whether from this state or from another state, who have won
prizes which have a value of more than $25, the value of such prizes, and the
dates when the prizes were won within 60 days after such winners have been
finally determined. The operator shall provide a copy of the list of winners,
without charge, to any person who requests it. In lieu of the foregoing, the
operator of a game promotion may, at his option, publish the same information
about the winners in a Florida newspaper of general circulation within 60
days after such winners have been determined and shall provide to the
Department of State a certified copy of the publication containing the
information about the winners. The operator of a game promotion is not
required to notify a winner by mail or by telephone when the winner is
already in possession of a game card from which the winner himself can
determine that he has won a designated prize. All winning entries shall be
held by the operator for a period of 90 days after the close or completion of
the game.
(6) The Department of State shall keep the certified list of
winners for a period of at least 6 months after receipt of the certified
list. The department thereafter may dispose of all records and
lists.
(7) No operator shall force, directly or indirectly, a lessee,
agent, or franchise dealer to purchase or participate in any game promotion.
For the purpose of this section, coercion or force shall be presumed in these
circumstances in which a course of business extending over a period of 1 year
or longer is materially changed coincident with a failure or refusal of a
lessee, agent, or franchise dealer to participate in such game promotions.
Such force or coercion shall further be presumed when an operator advertises
generally that game promotions are available at its lessee dealers or agent
dealers.
(8)
(a) The Department of State shall have the power to promulgate such
rules and regulations respecting the operation of game promotions as it may
deem advisable.
(b) Whenever the Department of State or the Department of Legal
Affairs has reason to believe that a game promotion is being operated in
violation of this section, it may bring an action in the circuit court of any
judicial circuit in which the game promotion is being operated in the name
and on behalf of the people of the state against any operator thereof to
enjoin the continued operation of such game promotion anywhere within the
state.
(9)
(a) Any person, firm, or corporation, or association or agent or
employee thereof, who engages in any acts or practices stated in this section
to be unlawful, or who violates any of the rules and regulations made
pursuant to this section, is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(b) Any person, firm, corporation, association, agent, or employee
who violates any provision of this section or any of the rules and
regulations made pursuant to this section shall be liable for a civil penalty
of not more than $1,000 for each such violation, which shall accrue to the
state and may be recovered in a civil action brought by the Department of
State or the Department of Legal Affairs.
(10) This section does not apply to actions or transactions
regulated by the Department of Business and Professional Regulation or to the
activities of nonprofit organizations or to any other organization engaged in
any enterprise other than the sale of consumer products or
services.
History: ss. 1, 2, 3, 4, 5, 6, 7, 8, 9, ch. 71-304; s. 1, ch. 73-292; s. 1, ch.
81-38; s. 1, ch. 83-118; s. 1, ch. 85-197; s. 1, ch. 90-36; s. 5, ch. 91-206;
ss. 5, 6, ch. 92-280; s. 1, ch. 93-160; s. 251, ch. 94-218.
(1) It is unlawful for any person, in any house,
office, shop or building in this state to write, typewrite, print,
or publish any lottery ticket or advertisement, circular, bill,
poster, pamphlet, list or schedule, announcement or notice, of
lottery prizes or drawings or any other matter or thing in any way
connected with any lottery drawing, scheme or device, or to set up
any type or plate for any such purpose, to be used or distributed
in this state, or to be sent out of this state.
(2) It is unlawful for the owner or lessee of any
such house, shop or building knowingly to permit the printing,
typewriting, writing or publishing therein of any lottery ticket or
advertisement, circular, bill, poster, pamphlet, list, schedule,
announcement or notice of lottery prizes or drawings, or any other
matter or thing in any way connected with any lottery drawing,
scheme or device, or knowingly to permit therein the setting up of
any type or plate for any such purpose to be used or distributed in
this state, or to be sent out of the state.
(3) Any violation of this section shall be a felony of
the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History: s. 2, ch. 4373, 1895; GS 3583; RGS 5510; CGL 7668; s. 1066,
ch. 71-136.
Whoever sets up, promotes or plays at any game of chance
by lot or with dice, cards, numbers, hazards or any other gambling
device whatever for, or for the disposal of money or other thing of
value or under the pretext of a sale, gift or delivery thereof, or
for any right, share or interest therein, shall be guilty of a
misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History: s. 3, ch. 4373, 1895; GS 3584; RGS 5511; CGL 7669; s. 1067,
ch. 71-136.
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
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.
Whoever, after being convicted of an offense forbidden by
law in connection with lotteries, commits the like offense, shall
be guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
History: s. 4, sub-ch. 10, ch. 1637, 1868; RS 2655; GS 3586; RGS 5513;
CGL 7671; s. 1068, ch. 71-136.
Whoever stakes, bets or wagers any money or other thing
of value upon the result of any trial or contest of skill, speed or
power or endurance of man or beast, or whoever receives in any
manner whatsoever any money or other thing of value staked, bet or
wagered, or offered for the purpose of being staked, bet or
wagered, by or for any other person upon any such result, or
whoever knowingly becomes the custodian or depositary of any money
or other thing of value so staked, bet, or wagered upon any such
result, or whoever aids, or assists, or abets in any manner in any
of such acts all of which are hereby forbidden, shall be guilty of
a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History: s. 1, ch. 5959, 1909; s. 1, ch. 6188, 1911; RGS 5514; CGL
7672; s. 1069, ch. 71-136.
(1) Nothing contained in this chapter shall be
applicable to participation in or the conduct of a bowling
tournament conducted at a bowling center which requires the payment
of entry fees, from which fees the winner receives a purse or
prize.
(2) As used in this section, the term:
(a) "Bowling tournament" means a contest in which
participants engage in the sport of bowling, wherein a heavy ball
is bowled along a bowling lane in an attempt to knock over bowling
pins, 10 in number, set upright at the far end of the lane,
according to specified regulations and rules of the American
Bowling Congress, the Womens International Bowling Congress, or the
Bowling Proprietors Association of America.
(b) "Bowling center" means a place of business having
at least 12 bowling lanes on the premises which are operated for
the entertainment of the general public for the purpose of engaging
in the sport of bowling.
History: s. 1, ch. 85-24.
It is unlawful:
(1) To manufacture, own, store, keep, possess, sell,
rent, lease, let on shares, lend or give away, transport, or expose
for sale or lease, or to offer to sell, rent, lease, let on
shares, lend or give away, or permit the operation of, or for any
person to permit to be placed, maintained, or used or kept in any
room, space, or building owned, leased or occupied by him or under
his management or control, any slot machine or device or any part
thereof; or
(2) To make or to permit to be made with any person
any agreement with reference to any slot machine or device,
pursuant to which the user thereof, as a result of any element of
chance or other outcome unpredictable to him, may become entitled
to receive any money, credit, allowance, or thing of value or
additional chance or right to use such machine or device, or to
receive any check, slug, token or memorandum entitling the holder
to receive any money, credit, allowance or thing of
value.
History: s. 1, ch. 18143, 1937; CGL 1940 Supp.
4151(405-a).
(1) Any machine or device is a slot machine or device
within the provisions of this chapter if it is one that is adapted
for use in such a way that, as a result of the insertion of any
piece of money, coin, or other object, such machine or device is
caused to operate or may be operated and if the user, by reason of
any element of chance or of any other outcome of such operation
unpredictable by him, may:
(a) Receive or become entitled to receive any piece of
money, credit, allowance, or thing of value, or any check, slug,
token, or memorandum, whether of value or otherwise, which may be
exchanged for any money, credit, allowance, or thing of value or
which may be given in trade; or
(b) Secure additional chances or rights to use such
machine, apparatus, or device, even though it may, in addition to
any element of chance or unpredictable outcome of such operation,
also sell, deliver, or present some merchandise, indication of
weight, entertainment, or other thing of value.
(2) Nothing contained in this chapter shall be
construed, interpreted, or applied to the possession of a reverse
vending machine. As used in this section, a reverse vending
machine is a machine into which empty beverage containers are
deposited for recycling and which provides a payment of money,
merchandise, vouchers, or other incentives. At a frequency less
than upon the deposit of each beverage container, a reverse vending
machine may pay out a random incentive bonus greater than that
guaranteed payment in the form of money, merchandise, vouchers, or
other incentives. The deposit of any empty beverage container into
a reverse vending machine does not constitute consideration nor
shall a reverse vending machine be deemed to be a slot machine
within this section.
History: s. 2, ch. 18143, 1937; CGL 1940 Supp. 4151(405-b); s. 1, ch.
67-203; s. 1, ch. 77-275; s. 2, ch. 84-247; s. 3, ch.
89-176.
(1) Nothing contained in this chapter shall be taken
or construed as applicable to an arcade amusement center having
amusement games or machines which operate by means of the insertion
of a coin and which by application of skill may entitle the person
playing or operating the game or machine to receive points or
coupons which may be exchanged for merchandise only, excluding cash
and alcoholic beverages, provided the cost value of the
merchandise or prize awarded in exchange for such points or coupons
does not exceed 75 cents on any game played. Nothing in this
subsection shall be taken or construed as applicable to a
coin-operated game or device designed and manufactured only for
bona fide amusement purposes which game or device may by
application of skill entitle the player to replay the game or
device at no additional cost, if the game or device: can accumulate
and react to no more than 15 free replays; can be discharged of
accumulated free replays only by reactivating the game or device
for one additional play for such accumulated free replay; can make
no permanent record, directly or indirectly, of free replays; and
is not classified by the United States as requiring a federal
gambling tax stamp under applicable provisions of the Internal
Revenue Code.
(2) The term "arcade amusement center" as used in
this section means a place of business having at least 50
coin-operated amusement games or machines on premises which are
operated for the entertainment of the general public and tourists
as a bona fide amusement facility.
History: s. 3, ch. 84-247.
Upon the arrest of any person charged with the violation
of any of the provisions of ss. 849.15-849.23 the arresting officer
shall take into his custody any such machine, apparatus or device,
and its contents, and the arresting agency, at the place of
seizure, shall make a complete and correct list and inventory of
all such things so taken into his custody, and deliver to the
person from whom such article or articles may have been seized, a
true copy of the list of all such articles. The arresting agency
shall retain all evidence seized and shall have the same
forthcoming at any investigation, prosecution or other proceedings,
incident to charges of violation of any of the provisions of ss.
849.15-849.23.
History: s. 4, ch. 18143, 1937; CGL 1940 Supp. 4151(405-c); s. 1, ch.
89-176.
Upon conviction of the person arrested for the violation
of any of the provisions of ss. 849.15-849.23, the judge of the
court trying the case, after such notice to the person convicted,
and any other person whom the judge may be of the opinion is
entitled to such notice, and as the judge may deem reasonable,
shall issue to the sheriff of the county a written order adjudging
and declaring any such machine, apparatus or device forfeited, and
directing such sheriff to destroy the same, with the exception of
the money. The order of the court shall state the time and place
and the manner in which such property shall be destroyed, and the
sheriff shall destroy the same in the presence of the clerk of the
circuit court of such county.
History: s. 5, ch. 18143, 1937; CGL 1940 Supp.
4151(405-d).
The right of property in and to any machine, apparatus or
device as defined in s. 849.16 and to all money and other things
of value therein, is declared not to exist in any person, and the
same shall be forfeited and such money or other things of value
shall be forfeited to the county in which the seizure was made and
shall be delivered forthwith to the clerk of the circuit court and
shall by him be placed in the fine and forfeiture fund of said
county.
History: s. 6, ch. 18143, 1937; CGL 1940 Supp.
4151(405-e).
Any room, house, building, boat, vehicle, structure or
place wherein any machine or device, or any part thereof, the
possession, operation or use of which is prohibited by ss.
849.15-849.23, shall be maintained or operated, and each of such
machines or devices, is declared to be a common nuisance. If a
person has knowledge, or reason to believe, that his room, house,
building, boat, vehicle, structure or place is occupied or used in
violation of the provisions of ss. 849.15-849.23 and by
acquiescence or consent suffers the same to be used, such room,
house, building, boat, vehicle, structure or place shall be subject
to a lien for and may be sold to pay all fines or costs assessed
against the person guilty of such nuisance, for such violation, and
the several state attorneys shall enforce such lien in the courts
of this state having jurisdiction.
History: s. 7, ch. 18143, 1937; CGL 1940 Supp. 4151(405-f); s. 7, ch.
22858, 1945.
An action to enjoin any nuisance as herein defined may be
brought by any person in the courts of equity in this state. If
it is made to appear by affidavit or otherwise, to the satisfaction
of the court, or judge in vacation, that such nuisance exists, a
temporary writ of injunction shall forthwith issue restraining the
defendant from conducting or permitting the continuance of such
nuisance until the conclusion of the action. Upon application of
the complainant in such a proceeding, the court or judge may also
enter an order restraining the defendant and all other persons from
removing, or in any way interfering with the machines or devices
or other things used in connection with the violation of ss.
849.15-849.23 constituting such a nuisance. No bond shall be
required in instituting such proceedings.
History: s. 8, ch. 18143, 1937; CGL 1940 Supp. 4151
(405-g).
The clerks of the courts and the sheriffs performing
duties under the provisions of ss. 849.15-849.23 shall receive the
same fees as prescribed by general law for the performance of
similar duties, and such fees shall be paid out of the fine and
forfeiture fund of the county as costs are paid upon conviction of
an insolvent person.
History: s. 9, ch. 18143, 1937; CGL 1940 Supp.
4151(405-h).
Whoever shall violate any of the provisions of ss.
849.15-849.22 shall, upon conviction thereof, be guilty of a
misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083. Any person convicted of violating any
provision of ss. 849.15-849.22, a second time shall, upon
conviction thereof, be guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083. Any person
violating any provision of ss. 849.15-849.22 after having been
twice convicted already shall be deemed a "common offender,"
and shall be guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
History: s. 3, ch. 18143, 1937; CGL 1940 Supp. 8135(21); s. 1070, ch.
71-136.
(1) Except in instances when the following described
implements or apparatus are being held or transported by authorized
persons for the purpose of destruction, as hereinafter provided,
and except in instances when the following described instruments or
apparatus are being held, sold, transported, or manufactured by
persons who have registered with the United States Government
pursuant to the provisions of Title 15 of the United States Code,
ss. 1171 et seq., as amended, so long as the described implements
or apparatus are not displayed to the general public, sold for use
in Florida, or held or manufactured in contravention of the
requirements of 15 U.S.C. ss. 1171 et seq., it shall be unlawful
for any person to manufacture, sell, transport, offer for sale,
purchase, own, or have in his possession any roulette wheel or
table, faro layout, crap table or layout, chemin de fer table or
layout, chuck-a-luck wheel, bird cage such as used for gambling,
bolita balls, chips with house markings, or any other device,
implement, apparatus, or paraphernalia ordinarily or commonly used
or designed to be used in the operation of gambling houses or
establishments, excepting ordinary dice and playing
cards.
(2) In addition to any other penalties provided for
the violation of this section, any occupational license held by a
person found guilty of violating this section shall be suspended
for a period not to exceed 5 years.
(3) This section and s. 849.05 do not apply to a
vessel of foreign registry or a vessel operated under the authority
of a country except the United States, while docked in this state
or transiting in the territorial waters of this
state.
History: s. 1, ch. 29665, 1955; s. 9, ch. 74-385; s. 1, ch. 77-174; s.
2, ch. 87-255.
There shall be no right of property in any of the
implements or devices enumerated or included in s. 849.231 and upon
the seizure of any such implement, device, apparatus or
paraphernalia by an authorized enforcement officer the same shall
be delivered to and held by the clerk of the court having
jurisdiction of such offenses and shall not be released by such
clerk until he shall be advised by the prosecuting officer of such
court that the said implement is no longer required as evidence and
thereupon the said clerk shall deliver the said implement to the
sheriff of the county who shall immediately cause the destruction
of such implement in the presence of the said clerk or his
authorized deputy.
History: s. 2, ch. 29665, 1955.
Any person, including any enforcement officer, clerk or
prosecuting official who shall violate the provisions of s. 849.231
shall be guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
History: s. 3, ch. 29665, 1955; s. 1071, ch. 71-136.
(1) It is a defense to any action or prosecution under
ss. 849.15-849.233 for the possession of any gambling device
specified therein that the device is an antique slot machine and
that it is not being used for gambling. For the purpose of this
section, an antique slot machine is one which was manufactured at
least 20 years prior to such action or prosecution.
(2) Notwithstanding any provision of this chapter to
the contrary, upon a successful defense to a prosecution for the
possession of a gambling device pursuant to the provisions of this
section, the antique slot machine shall be returned to the person
from whom it was seized.
History: s. 1, ch. 78-22; s. 1, ch. 88-71.
(1)
(a) The term "bookmaking" means the act of taking or
receiving, while engaged in the business or profession of gambling,
any bet or wager upon the result of any trial or contest of skill,
speed, power, or endurance of man, beast, fowl, motor vehicle, or
mechanical apparatus or upon the result of any chance, casualty,
unknown, or contingent event whatsoever.
(b) The following factors shall be considered in making a
determination that a person has engaged in the offense of
bookmaking:
1. Taking advantage of betting odds created to produce a
profit for the bookmaker or charging a percentage on accepted
wagers.
2. Placing all or part of accepted wagers with other
bookmakers to reduce the chance of financial loss.
3. Taking or receiving more than five wagers in any
single day.
4. Taking or receiving wagers totaling more than $500 in
any single day, or more than $1,500 in any single week.
5. Engaging in a common scheme with two or more persons
to take or receive wagers.
6. Taking or receiving wagers on both sides on a contest
at the identical point spread.
7. Any other factor relevant to establishing that the
operating procedures of such person are commercial in
nature.
(c) The existence of any two factors listed in paragraph
(b) may constitute prima facie evidence of a commercial bookmaking
operation.
(2) Any person who engages in bookmaking shall be
guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the
provisions of s. 948.01, any person convicted under the provisions
of this subsection shall not have adjudication of guilt suspended,
deferred, or withheld.
(3) Any person who has been convicted of bookmaking
and thereafter violates the provisions of this section shall be
guilty of a felony of the second degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084. Notwithstanding the
provisions of s. 948.01, any person convicted under the provisions
of this subsection shall not have adjudication of guilt suspended,
deferred, or withheld.
(4) Notwithstanding the provisions of s. 777.04, any
person who is guilty of conspiracy to commit bookmaking shall be
subject to the penalties imposed by subsections (2) and
(3).
(5) This section shall not apply to pari-mutuel
wagering in Florida as authorized under chapter 550.
(6) This section shall not apply to any prosecutions
filed and pending at the time of the passage hereof, but all such
cases shall be disposed of under existing laws at the time of the
institution of such prosecutions.
History: ss. 1-3, ch. 26847, 1951; s. 1073, ch. 71-136; s. 47, ch.
75-298; s. 1, ch. 78-36; s. 48, ch. 87-243; s. 64, ch.
92-348.
All promises, agreements, notes, bills, bonds or other
contracts, mortgages or other securities, when the whole or part of
the consideration if for money or other valuable thing won or
lost, laid, staked, betted or wagered in any gambling transaction
whatsoever, regardless of its name or nature, whether heretofore
prohibited or not, or for the repayment of money lent or advanced
at the time of a gambling transaction for the purpose of being
laid, betted, staked or wagered, are void and of no effect;
provided, that this act shall not apply to wagering on pari-mutuels
or any gambling transaction expressly authorized by
law.
History: s. 1, ch. 26543, 1951.
The following persons shall be jointly and severally
liable for the items which are authorized by this act to be sued
for and recovered, and any suit brought under the authorization of
this act may be brought against all or any of such persons, to wit:
The winner of the money or property lost in the gambling
transaction; every person who, having direct or indirect charge,
control or management, either exclusively or with others, of the
place where the gambling transaction occurs, procures, suffers or
permits such place to be used for gambling purposes; whoever
promotes, sets up or conducts the gambling transaction in which the
loss occurs or has an interest in it as backer, vendor, owner or
otherwise; and, as to anything of value other than money, the
transferees and assignees, with notice, of the persons hereinabove
specified in this section; and the personal representatives of the
persons specified in this section.
History: s. 4, ch. 26543, 1951.
In any suit under ss. 849.26-849.34, the plaintiff shall
be entitled to writs of attachment and garnishment for the sums of
money, exclusive of attorney's fees, sued for the use and benefit
of persons other than the state, in the same manner and to the same
extent as in an action on contract; and, in any suit under this
chapter for the recovery of a thing of value other than money, the
plaintiff shall be entitled to a writ of replevin for the recovery
of such thing of value, in the manner and to the extent provided by
the replevin statutes of the state.
History: s. 5, ch. 26543, 1951; s. 24, ch. 57-1.
In the event that suit is brought under the authorization
of ss. 849.26-849.34 by someone other than the loser of the money
or thing of value involved in the suit, such loser shall not be
excused from being required to attend and testify or produce any
book, paper or other document or evidence in such suit, upon the
ground or for the reason that the testimony or evidence required of
him may tend to convict him of a crime or to subject him to a
penalty or forfeiture, but he shall not be prosecuted or subjected
to any penalty or forfeiture for or on account of any transaction,
matter or thing concerning which he may so be required to testify
or produce evidence, and no testimony so given or produced shall be
received against him upon any criminal investigation or
prosecution. If the loser of money or thing of value involved in
a suit brought under authorization of ss. 849.26-849.34, whether by
him or by someone else, voluntarily attends or produces evidence
in such suit, he shall not be prosecuted or subjected to any
penalty for or on account of any transaction, matter or thing
concerning which he may so testify or produce evidence, and no
testimony so given or produced shall be received against him upon
any criminal investigation or prosecution. Also, neither the fact
of the bringing of suit under this act by a loser nor any statement
or admission in his pleadings which is material and relevant to
the subject matter of the suit shall be received against him upon
any criminal investigation or proceeding.
History: s. 6, ch. 26543, 1951.
The summons in any such suit, and copies of all pleadings
and notices of all hearings in the suit, and notice of the trial
and of application for the entry of final judgment, shall be served
on the state attorney, whose duty it shall be to protect the
interests of the state and, if the plaintiff fails to diligently
prosecute the suit, to bring such failure to the attention of the
court. If the plaintiff fails to effectively prosecute any such
suit without collusion or deceit and without unnecessary delay, the
court shall direct the state attorney to proceed with the action.
No such suit shall be dismissed except upon a sworn statement
filed by the plaintiff or the state attorney which satisfies the
court that the suit should be dismissed.
History: s. 7, ch. 26543, 1951.
Any judgment recovered in such a suit shall adjudge
separately the amounts recovered for the use of the state, and the
plaintiff shall not have execution therefor, and such amounts shall
not be paid to the plaintiff, but shall be payable to the state
attorney, who shall promptly transmit the sums collected by him to
the State Treasurer. The state attorney shall diligently seek the
collection of such amounts and may cause a separate execution to
issue for the collection thereof.
History: s. 8, ch. 26543, 1951.
If the plaintiff in any such suit seek to recover
property lost, and if he shall prevail as to any such property, he
shall take judgment for the property itself and for the value
thereof, the judgment as to such property to be satisfied by the
recovery of the property or of the value thereof. The plaintiff
may, at his option, sue out a separate writ of possession for the
property and a separate execution for any other moneys and costs
adjudged in his favor, or he may sue out an execution for the value
of the property and any other moneys and costs adjudged in his
favor. If he elect to sue out a writ of possession for the
property, and if the officer shall return that he is unable to find
the property, or any of it, the plaintiff may thereupon sue out
execution for the value of the property not found. In any
proceeding to ascertain the value of the property, the value of
each article shall be found so that judgment for such value may be
entered.
History: s. 9, ch. 26543, 1951.
In construing ss. 849.36-849.46 and each and every word,
phrase, or part thereof, where the context permits:
(1) The singular includes the plural and vice
versa.
(2) The masculine includes the feminine and neuter and
vice versa.
(3) The term "vessel" includes every description
of watercraft, vessel or contrivance used, or capable of being
used, as a means of transportation in or on water, or in or on the
water and in the air.
(4) The term "vehicle" includes every description
of vehicle, carriage, animal or contrivance used, or capable of
being used, as a means of transportation on land, in the air, or on
land and in the air.
(5) The term "gambling paraphernalia" includes
every description of apparatus, implement, machine, device or
contrivance used in, or in connection with, any violation of the
lottery, gaming and gambling statutes, and laws of this state,
except facilities and equipment furnished by a public utility in
the regular course of business, and which remain the property of
such utility while so furnished.
(6) The term "lottery ticket" shall include every
ticket, token, emblem, card, paper or other evidence of a chance,
interest, prize or share in, or in connection with any lottery,
game of chance or hazard or other things in violation of the
lottery and gambling statutes and laws of this state (including
bolita, cuba, bond, New York bond, butter and eggs, night house and
other like and similar operations, but not excluding others). The
said term shall also include so-called rundown sheets, tally
sheets, and all other papers, records, instruments, and things
designed for use, either directly or indirectly, in, or in
connection with, the violation of the statutes and laws of this
state prohibiting lotteries and gambling in this
state.
History: s. 1, ch. 29712, 1955.
(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 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.
(1) Every peace officer, other than the sheriff,
seizing property pursuant to the provisions of ss. 849.36-849.46
shall forthwith make return of the seizure thereof and deliver the
said property to the sheriff of the county wherein the same was
seized. The said return to the sheriff shall describe the property
seized and give in detail the facts and circumstances under which
the same was seized and state in full the reason why the seizing
officer knew, or was led to believe, that the said property was
being used for or in connection with a violation of the statutes
and laws of this state prohibiting lotteries and gambling in this
state. The said return shall contain the names of all persons,
firms and corporations known to the seizing officer to be
interested in the seized property.
(2) When property is seized by the sheriff pursuant to
this chapter, or when property seized by another is delivered to
the sheriff as aforesaid, he shall forthwith fix the approximate
value thereof and make return thereof to the clerk of the circuit
court as hereinafter provided.
(3) The return of the sheriff aforesaid shall contain
a schedule of the property seized describing the same in
reasonable detail and give in detail the facts and circumstances
under which it was seized and state in full the reason why the
seizing officer knew or was led to believe that the property was
being used for or in connection with a violation of the statutes
and laws of this state prohibiting lotteries or gambling in this
state; and a statement of the names of all persons, firms and
corporations known to the sheriff to be interested in the seized
property; and in cases where the said property was seized by
another the sheriff shall attach to his said return, as an exhibit
thereto, the return of the seizing officer to him.
(4) The sheriff shall hold the said property seized
pending its disposal by the court as hereinafter
provided.
History: s. 3, ch. 29712, 1955.
(1) The return of the sheriff aforesaid to the clerk
of the circuit court shall be taken and considered as the state's
petition or libel in rem for the forfeiture of the property therein
described, of which the circuit court of the county shall have
jurisdiction without regard to value. The said return shall be
sufficient as said petition or libel notwithstanding the fact that
it may contain no formal prayer or demand for forfeiture, it being
the intention of the Legislature that forfeiture may be decreed
without a formal prayer or demand therefor. The said return shall
be subject to amendment at any time before final hearing, provided
that copies thereof shall be served upon all persons, firms or
corporations who may have filed a claim prior to such
amendment.
(2) Upon the filing of said return the clerk of the
circuit court shall issue a citation, directed to all persons,
firms and corporations owning, having or claiming an interest in or
a lien upon the seized property, giving notice of the seizure and
directing that all persons, firms or corporations owning, having or
claiming an interest therein or lien thereon, to file their claim
to, on, or in said property within the time fixed in said citation,
as to persons, firms and corporations not personally served, and
within 20 days from personal service of said citation, when
personal service is had. Personal service shall be made on all
parties, in Florida, having liens noted upon a certificate of title
as shown by the records in the office of the Department of Highway
Safety and Motor Vehicles.
(3) The said citation may be in, or substantially in,
the following form:
(4) Such citation shall be returnable, as to persons
served constructively, as therein directed, not less than 21 nor
more than 30 days, from the posting or publication thereof, and as
to personally served with process within 20 days from service
thereof. A copy of the petition shall be served with the process
when personally served. Personal service of process may be made in
the same manner as a summons in chancery.
(5) If the value of the property seized is shown by
the sheriff's return to have an appraised value of $1,000 or less,
the above citation shall be served by posting at three public
places in the county, one of which shall be the front door of the
courthouse; if the value of the property is shown by the sheriff's
return to have an approximate value of more than $1,000, the
citation shall be published at least once each week for 2
consecutive weeks in some newspaper of general publication
published in the county, if there be such a newspaper published in
the county and if not, then said notice of such publication shall
be made by certificate of the clerk if publication is made by
posting, and by affidavit as provided in chapter 50, if made by
publication in a newspaper, which affidavit or certificate shall be
filed and become a part of the record in the cause. Failure of
the record to show proof of such publication shall not affect any
judgment made in the cause unless it shall affirmatively appear
that no such publication was made.
History: s. 4, ch. 29712, 1955; ss. 24, 35, ch. 69-106; s. 12, ch.
73-299; s. 27, ch. 90-279.
Any person, firm, or corporation filing a claim in the
cause, which claim shall state fully his right, title, claim, or
interest, in and to the seized property, may, at any time after
said claim is filed with the clerk of the court, obtain possession
of the seized property by filing a petition therefor with the
sheriff and posting with him, to be approved by him, a surety bond,
payable to the Governor of the state in twice the amount of the
value of the said property as fixed in the sheriff's return to the
clerk of the circuit court, with a corporate surety duly authorized
to transact business in this state as surety, conditioned upon his
paying to the sheriff the value of the property together with
costs of the proceeding, if judgment of forfeiture be entered by
the court. Upon the posting of such bond with the sheriff and the
release of the property to the applicant the cause shall proceed to
final judgment in the same manner as it would have had no such
bond been filed, except that any execution to be issued in the
cause pursuant to judgment may run against and be enforced against
the person posting said bond and his surety.
History: s. 5, ch. 29712, 1955.
When no claim is filed in the cause within the time
required the clerk shall enter a default against all persons, firms and
corporations owning, claiming or having an interest in and to the property
seized and the cause may then proceed in the same manner as a common-law cause
after default, and final judgment shall be entered therein ex parte, except as
may be herein otherwise provided.
History: s. 6, ch. 29712, 1955.
When one or more claims are filed in the cause the
cause shall be tried upon the issues made thereby with the petition for
forfeiture with any affirmative defenses being deemed denied without further
pleading. Judgment by default shall be entered against all other persons,
firms and corporations owning, claiming or having an interest in and to the
property seized, after which the cause shall proceed as in other common-law
cases; except any claimant shall prove to the satisfaction of the court that
he did not know or have any reason to believe, at the time his right, title,
interest, or lien arose, that the property was being used for or in connection
with the violation of any of the statutes or laws of this state prohibiting
lotteries and gambling and further that at said time there was no reasonable
reason to believe that the said property might be used for such purpose.
Where the owner of the property has been convicted of a violation of the
statutes and laws of this state prohibiting lotteries or gambling such
conviction shall be prima facie evidence that each claimant had reason to
believe that the property might be used for or in connection with a violation
of such statutes and laws, and it shall be incumbent upon such claimant to
satisfy the court that he was without knowledge of such conviction. Trial of
all such causes shall be without a jury, except in such cases as a trial by
jury may be guaranteed by the State Constitution and in such cases trial by
jury shall be deemed waived unless demanded in the claim filed.
History: s. 7, ch. 29712, 1955.
Upon the filing of the sheriff's return with the clerk of
the circuit court the said clerk shall furnish the state attorney
with a copy thereof and the said state attorney shall represent the
state in the forfeiture proceedings. The Department of Legal
Affairs shall represent the state in all appeals from judgments of
forfeiture to the appropriate district court of appeal or direct to
the Supreme Court when authorized by s. 3, Art. V of the State
Constitution. The state may appeal any judgment denying forfeiture
in whole or in part or that may be otherwise adverse to the
state.
History: s. 8, ch. 29712, 1955; s. 34, ch. 63-559; ss. 11, 35, ch.
69-106; s. 13, ch. 73-299.
On final hearing the return of the sheriff to the clerk
of the circuit court shall be taken as prima facie evidence that
the property seized was or had been used in, or in connection with,
the violation of the statutes and laws of this state prohibiting
lotteries and gambling in this state and shall be sufficient
predicate for a judgment of forfeiture in the absence of other
proofs and evidence. The burden shall be upon the claimants to
show that the property was not so used or if so used that they had
no knowledge of such violation and no reason to believe that the
seized property was or would be used for the violation of such
statutes and laws. Where such property is encumbered by a lien or
retained title agreement under circumstances wherein the lienholder
had no knowledge that the property was or would be used in
violating such statutes and laws, and no reasonable reason to
believe that it might be so used, then the court may declare a
forfeiture of all other rights, titles and interests, subject,
however, to the lien of such innocent lienholder, or may direct the
payment of such lien from the proceeds of any sale of the said
property. The proceedings and the judgment of forfeiture shall be
in rem and shall be primarily against the property itself. Upon
the entry of a judgment of forfeiture the court shall determine the
disposition to be made of the property, which may include the
destruction thereof, the sale thereof, the allocation thereof to
some governmental function or use, or otherwise as the court may
determine. Sales of such property shall be at public sale to the
highest and best bidder therefor for cash after 2 weeks' public
notice as the court may direct. Where the property has been
delivered to a claimant upon the posting of a bond the court shall
determine the value of the property or portion thereof subject to
forfeiture and shall enter judgment against the principal and
surety of the bond in such amount for which execution shall issue
in the usual manner. Upon the application of any claimant the
court may fix the value of the forfeitable interest or interests in
the seized property and permit such claimant to redeem the said
property upon the payment of a sum equal to said value, which sum
shall be disposed of as would the proceeds of a sale of the said
property under a judgment of forfeiture.
History: s. 9, ch. 29712, 1955.
All sums received from a sale or other disposition of the
seized property shall be paid into the county fine and forfeiture
fund and shall become a part thereof; provided, however, that in
instances where the seizure is by a municipal police officer within
the limits of any municipality having an ordinance requiring such
vehicles, vessels or conveyances to be forfeited, the city attorney
shall act in behalf of the city in lieu of the state attorney and
shall proceed to forfeit the property as herein provided, and all
sums received therefrom shall go into the general operating fund of
the city.
History: s. 10, ch. 29712, 1955; s. 24, ch. 57-1.
Fees for services required hereunder shall be the same as
provided for sheriffs and clerks for like and similar services in
other cases and matters.
History: s. 11, ch. 29712, 1955.
It is deemed by the Legislature that this chapter is
necessary for the more efficient and proper enforcement of the
statutes and laws of this state prohibiting lotteries and gambling,
and a lawful exercise of the police power of the state for the
protection of the public welfare, health, safety and morals of the
people of the state. All the provisions of this chapter shall be
liberally construed for the accomplishment of these
purposes.
History: s. 12, ch. 29712, 1955.
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This information brought to you by the Legislative Data Center,
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Florida Legislature.
849.091 Chain letters, pyramid
clubs, etc., declared a lottery; prohibited; penalties. ---
849.0915 Referral
selling. ---
849.092 Retail merchandising
business; certain activities permitted. ---
849.0931 Bingo authorized; conditions for
conduct; permitted uses of proceeds; limitations. ---
849.0935 Charitable, nonprofit
organizations; drawings by chance; required disclosures; unlawful
acts and practices; penalties. ---
849.094 Game promotion in connection with sale of
consumer products or services. ---
849.10 Printing lottery
tickets, etc., prohibited. ---
849.11 Plays at games of
chance by lot. ---
849.12 Money and prizes to be
forfeited. ---
849.13 Punishment on second
conviction. ---
849.14 Unlawful to bet on
result of trial or contest of skill, etc. ---
849.141 Bowling tournaments
exempted from chapter. ---
849.15 Manufacture, sale,
possession, etc., of coin-operated devices prohibited. ---
849.16 Machines or devices
which come within provisions of law defined. ---
849.161 Amusement games or
machines; when chapter inapplicable. ---
849.17 Confiscation of
machines by arresting officer. ---
849.18 Disposition of machines
upon conviction. ---
849.19 Property rights in
confiscated machine. ---
849.20 Machines and devices
declared nuisance; place of operation subject to lien for
fine. ---
849.21 Injunction to restrain
violation. ---
849.22 Fees of clerk of
circuit court and sheriff. ---
849.23 Penalty for violations
of ss. 849.15-849.22. ---
849.231 Gambling devices;
manufacture, sale, purchase or possession unlawful. ---
849.232 Property right in
gambling devices; confiscation. ---
849.233 Penalty for violation
of s. 849.231. ---
849.235 Possession of certain
gambling devices; defense. ---
849.25 "Bookmaking"
defined; penalties; exceptions. ---
849.26 Gambling contracts
declared void; exception. ---
849.29 Persons against whom
suits may be brought to recover on gambling contracts. ---
849.30 Plaintiff entitled to
writs of attachment, garnishment and replevin. ---
849.31 Loser's testimony not
to be used against him. ---
849.32 Notice to state
attorney; prosecution of suit. ---
849.33 Judgment and collection
of money; execution. ---
849.34 Loser's judgment;
recovery of property; writ of assistance. ---
849.35 Definitions. ---
849.36 Seizure and forfeiture
of property used in the violation of lottery and gambling
statutes. ---
849.37 Disposition and
appraisal of property seized under this chapter. ---
849.38 Proceedings for
forfeiture; notice of seizure and order to show cause. ---
849.39 Delivery of property to
claimant. ---
849.40 Proceeding when no claim
filed. ---
849.41 Proceeding when claim
filed. ---
849.42 State attorney to
represent state. ---
849.43 Judgment of
forfeiture. ---
849.44 Disposition of proceeds
of forfeiture. ---
849.45 Fees for
services. ---
849.46 Exercise of police
power. ---
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