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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

Source: Section 849.36 — Seizure and forfeiture of property used in the violation of lottery and gambling statutes, https://www.­flsenate.­gov/Laws/Statutes/2024/0849.­36 (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

§ 849.36. Seizure & forfeiture of property used in the violation of lottery and gambling statutes's source at flsenate​.gov