Fla. Stat. 849.41
Proceeding when claim filed

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 or she did not know or have any reason to believe, at the time his or her 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 or she 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.

Source: Section 849.41 — Proceeding when claim filed, https://www.­flsenate.­gov/Laws/Statutes/2024/0849.­41 (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

§ 849.41. Proceeding when claim filed's source at flsenate​.gov