Fla. Stat. 849.09
Lottery prohibited; exceptions

(1)

It is unlawful for any person in this state to:Set up, promote, or conduct any lottery for money or for anything of value;Dispose of any money or other property of any kind whatsoever by means of any lottery;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;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;Attempt to operate, conduct, or advertise any lottery scheme or device;Have in her or 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;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;Have in her or 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;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;Have in her or his possession any lottery advertisement, circular, poster, or pamphlet, or any list or schedule of any lottery prizes, gifts, or drawings; orHave in her or 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.

(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 her or 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 her or 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;

(j)

Have in her or his possession any lottery advertisement, circular, poster, or pamphlet, or any list or schedule of any lottery prizes, gifts, or drawings; or

(k)

Have in her or 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.

Source: Section 849.09 — Lottery prohibited; exceptions, https://www.­flsenate.­gov/Laws/Statutes/2024/0849.­09 (accessed Aug. 7, 2025).

849.01
Keeping gambling houses, etc 849.02
Agents or employees of keeper of gambling house 849.03
Renting house for gambling purposes 849.04
Permitting minors and persons under guardianship to gamble 849.05
Prima facie evidence 849.07
Permitting gambling on billiard or pool table by holder of license 849.08
Gambling 849.09
Lottery prohibited 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 849.15
Manufacture, sale, possession, etc., of slot machines or devices prohibited 849.16
Machines or devices which come within provisions of law defined 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 849.21
Injunction to restrain violation 849.22
Fees of clerk of circuit court and sheriff 849.23
Penalty for violations of ss 849.25
“Bookmaking” defined 849.26
Gambling contracts declared void 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 her or him 849.32
Notice to state attorney 849.33
Judgment and collection of money 849.34
Loser’s judgment 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 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 849.085
Certain penny-ante games not crimes 849.086
Cardrooms authorized 849.091
Chain letters, pyramid clubs, etc., declared a lottery 849.092
Motor fuel retail business 849.094
Game promotion in connection with sale of consumer products or services 849.141
Bowling tournaments exempted from chapter 849.142
Exempted activities 849.231
Gambling devices 849.232
Property right in gambling devices 849.233
Penalty for violation of s 849.235
Possession of certain gambling devices 849.251
Wagering, aiding, abetting, or conniving to race or wager on greyhounds or other dogs 849.0915
Referral selling 849.0931
Bingo authorized 849.0935
Charitable, nonprofit organizations

Current through Fall 2025

§ 849.09. Lottery prohibited; exceptions's source at flsenate​.gov