Florida statute

Fla. Stat. § 849.09 — Lottery prohibited; exceptions

Current through 2025 Florida Statutes

Part of Chapter 849: Gambling, Florida Statutes.

Criminal charges under this statute

Lottery prohibited; exceptions

Full text of Fla. Stat. § 849.09

Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.

Fla. Stat. § 849.09Primary source, current through the 2025 Florida Statutes

(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 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.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.

Official sources

Legal terms used in this section

Questions this section answers

Is lottery prohibited; exceptions a felony or a misdemeanor in Florida?

It depends on the circumstances: lottery prohibited; exceptions ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 849.09.

Lottery setup/promotion/conduct/disposal/aid (a)-(d): Felony of the Third Degree (Fla. Stat. § 849.09(2)) · Lottery attempt/possession of device/ticket sale/aid in sale/paraphernalia (e),(f),(g),(i),(k) — first offense: Misdemeanor of the First Degree (Fla. Stat. § 849.09(3)) · Lottery attempt/possession of device/ticket sale/aid in sale/paraphernalia (e),(f),(g),(i),(k) — subsequent offense: Felony of the Third Degree (Fla. Stat. § 849.09(3)) · Possession of lottery ticket or advertisement (h),(j) — first offense: Misdemeanor of the First Degree (Fla. Stat. § 849.09(4)) · Possession of lottery ticket or advertisement (h),(j) — subsequent offense: Felony of the Third Degree (Fla. Stat. § 849.09(4))

Which Florida statute covers lottery prohibited; exceptions?

Lottery prohibited; exceptions is governed by Fla. Stat. § 849.09 (Lottery prohibited; exceptions).

This reference is informational and is not legal advice.