Florida Statute 24.118 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 24
STATE LOTTERIES

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24.118 Other prohibited acts; penalties.—

(1) UNLAWFUL EXTENSIONS OF CREDIT.—Any retailer who extends credit or lends money to a person for the purchase of a lottery ticket is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. This subsection shall not be construed to prohibit the purchase of a lottery ticket through the use of a credit or charge card or other instrument issued by a bank, savings association, credit union, or charge card company or by a retailer pursuant to part III of chapter 520, provided that any such purchase from a retailer shall be in addition to the purchase of goods and services other than lottery tickets having a cost of no less than $20.

(2) UNLAWFUL ASSIGNMENT OR TRANSFER OF RIGHT TO CLAIM PRIZE.—Any person who induces another to assign or transfer his or her right to claim a prize, who offers for sale his or her right to claim a prize, or who offers for compensation to claim the prize of another is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) COUNTERFEIT OR ALTERED TICKETS.—Any person who:

(a) Knowingly presents a counterfeit or altered state lottery ticket;

(b) Knowingly transfers a counterfeit or altered state lottery ticket to another to present for payment;

(d) Files with the department a claim for payment based upon facts alleged by the claimant which facts are untrue and known by the claimant to be untrue when the claim is made;

is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) UNLAWFUL REPRESENTATION.—

(a) Any person who uses point-of-sale materials issued by the department or otherwise holds himself or herself out as a retailer without being authorized by the department to act as a retailer is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Any person who without being authorized by the department in writing uses the term “Florida Lottery,” “State Lottery,” “Florida State Lottery,” or any similar term in the title or name of any charitable or commercial enterprise, product, or service is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 18, ch. 87-65; s. 4, ch. 89-208; s. 6, ch. 90-360; s. 92, ch. 95-147; s. 9, ch. 96-406; s. 1, ch. 2017-118; s. 1, ch. 2019-41.

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Amendments to 24.118

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 24.118

Level: Degree
Misdemeanor/Felony: First/Second/Third

S24.118 1 - LOTTERY - EXTEND CREDIT TO PURCHASE LOTTERY TICKET - M: S

S24.118 2 - LOTTERY - TRANSFER OFFER RIGHT TO CLAIM LOTTERY PRIZE - M: F

S24.118 3a - PASS FORGED - PRESENT ALTERED STATE LOTTERY TICKET - F: T

S24.118 3a - PASS COUNTERFEITED - STATE LOTTERY TICKET PRESENT - F: T

S24.118 3b - PASS FORGED - TRANSFER ALTERED ST LOTTERY TICKET FOR PAYMENT - F: T

S24.118 3b - PASS COUNTERFEITED - TRANSFER STATE LOTTERY TICKET FOR PAYMENT - F: T

S24.118 3c - FRAUD-SWINDLE - PASS LOTTERY TICKET WITH INTENT TO DEFRAUD - F: T

S24.118 3c - FORGERY OF - OR ALTER LOTTERY TICKET WITH INTENT TO DEFRAUD - F: T

S24.118 3c - COUNTERFEITING OF - FALSELY MAKE LOTTERY TICKET WIT DEFRAUD - F: T

S24.118 3d - FRAUD-FALSE STATEMENT - FILE FALSE CLAIM FOR PAYMENT - F: T

S24.118 4 - EMBEZZLE - RENUMBERED. SEE REC # 8732 - F: F

S24.118 4 - FRAUD-SWINDLE - RENUMBERED. SEE REC # 8731 - F: F

S24.118 4a - FRAUD - UNLAWFUL REPRESENTATION OF LOTTERY PROGRAM - M: F

S24.118 4b - FRAUD - UNAUTHORIZED USE TERMS OF FLORIDA ST LOTTERY - M: F

S24.118 5a - FRAUD - RENUMBERED. SEE REC # 9686 - M: F

S24.118 5b - FRAUD - RENUMBERED. SEE REC # 9687 - M: F

Cases Citing Statute 24.118

Total Results: 2 | Sort by: Relevance | Newest First

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Doles v. State, 539 So. 2d 20 (Fla. 1st DCA 1989).

Published | Florida 1st District Court of Appeal | 14 Fla. L. Weekly 579, 1989 Fla. App. LEXIS 1087, 1989 WL 16625

PER CURIAM. Appellant was convicted of knowingly presenting for redemption an altered state lottery ticket in violation of § 24.118, Fla....

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Jones v. State, 629 So. 2d 215 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11971, 1993 WL 495411

...the prize-winning tickets, the statute is unconstitutionally vague because the statute does not adequately inform a person of ordinary intelligence what conduct is made criminal. See State v. McCarthy, 615 So.2d 784 (Fla. 2d DCA 1993). We agree that section 24.118 is poorly drafted....

...The specific provision under which appellant was charged does not criminalize the simple act of redeeming a prize-winning lottery ticket that the presenter knows to be stolen. Ap *217 pellant’s motion for judgment notwithstanding the verdict should have been granted. REVERSED and REMANDED. DAUKSCH and COBB, JJ., concur. . § 24.118(3)(c), Fla.Stat....