849.09 Lottery prohibited;
exceptions. ---
(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.
Provided, that nothing in this section shall prohibit
participation in any nationally advertised contest, drawing, game
or puzzle of skill or chance for a prize or prizes unless it can be
construed as a lottery under this section; and, provided further,
that this exemption for national contests shall not apply to any
such contest based upon the outcome or results of any horserace,
harness race, dograce, or jai alai game.
(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.