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Florida Statute 849.092 - Full Text and Legal Analysis
Florida Statute 849.092 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 849.092 Case Law from Google Scholar Google Search for Amendments to 849.092

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
849.092 Motor fuel retail business; certain activities permitted.The provisions of s. 849.09 shall not be construed to prohibit or prevent persons who are licensed to conduct business under s. 206.404, from giving away prizes to persons selected by lot, if such prizes are made on the following conditions:
(1) Such gifts are conducted as advertising and promotional undertakings, in good faith, solely for the purpose of advertising the goods, wares, merchandise and business of such licensee; and
(2) The principal business of such licensee is the business permitted to be licensed under s. 206.404; and
(3) No person to be eligible to receive such gift shall ever be required to:
(a) Pay any tangible consideration to such licensee in the form of money or other property or thing of value, or
(b) Purchase any goods, wares, merchandise or anything of value from such licensee.
(4) The person selected to receive any such gift or prize offered by any such licensee in connection with any such advertising or promotion is notified of his or her selection at his or her last known address. Newspapers, magazines, television and radio stations may, without violating any law, publish and broadcast advertising matter describing such advertising and promotional undertakings of such licensees which may contain instructions pursuant to which persons desiring to become eligible for such gifts or prizes may make their name and address known to such licensee.
(5) All brochures, advertisements, promotional material, and entry blanks promoting such undertakings shall contain a clause stating that residents of Florida are entitled to participate in such undertakings and are eligible to win gifts or prizes.
History.s. 1, ch. 63-553; s. 1, ch. 65-261; s. 1, ch. 71-287; s. 244, ch. 77-104; s. 1362, ch. 97-102.

F.S. 849.092 on Google Scholar

F.S. 849.092 on CourtListener

Amendments to 849.092


Annotations, Discussions, Cases:

Cases Citing Statute 849.092

Total Results: 5  |  Sort by: Relevance  |  Newest First

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In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015).

Published | Supreme Court of Florida | 2015 WL 5853925

...nt, the outcome of which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla....
...It is not necessary, however, that the State prove that the defendant performed all the acts incident to the lottery. - 40 - If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla....
...It is not essential for conviction that the defendant had any other interest or participation in the lottery. - 42 - If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla....
...- 44 - which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla....
...which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. - 46 - If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla....
...et] [coupon, share, or token evidencing some interest in a lottery] was located in a common area in plain view and in the presence of the defendant. If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla....
...down sheets] [tally sheets] [or] [other papers, records, instruments, or paraphernalia] were located in a common area in plain view and in the presence of the defendant. If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla....
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State v. South Cnty. Jewish Fed'n, 491 So. 2d 1183 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 1540, 1986 Fla. App. LEXIS 8693

...In Point III the state claims that the proceeds of the bingo games are being used to pay utilities and rent in violation of section 849.093(2)(a). This section, according to the state, only allows the proceeds to be spent on bingo halls, cards and stamps; not on intangibles like rent, electricity or security. Section 849.092(2)(a) states in pertinent part: [T]he entire proceeds derived from the conduct of such games, less actual business expenses for articles designed for and essential to the operation, conduct and playing of bingo, are donated by such organizations to the endeavors mentioned above....
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In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014).

Published | Supreme Court of Florida | 2014 WL 3361905

...nsidered with other evidence in determining whether guilt of actual participation in [setting up] [promoting] [conducting] a lottery has been proved. If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092 Fla._Stat., § 849.0931, Fla....
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In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-05 (Fla. 2019).

Published | Supreme Court of Florida

...nt, the outcome of which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla....
...1939)(holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
...nt, the outcome of which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla....
...1939) (holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
...nt, the outcome of which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla....
...1939) (holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
...which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. - 10 - If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla....
...1939)(holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
...nt, the outcome of which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla....
...1939) (holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
...Give if applicable. Possession of a [lottery ticket] [coupon, share, or token] may be sole or joint, that is, two or more persons may possess a [lottery ticket] [coupon, share, or token]. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla....
...1939) (holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
...ole or joint, that is, two or more persons may possess [Run Down Sheets] [Tally Sheets] [or] [Other Papers, Records, Instruments, or Paraphernalia],. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla....
...1939) (holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
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In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018).

Published | Supreme Court of Florida

...Give if applicable. Possession of a [lottery ticket] [coupon, share, or token] may be sole or joint, that is, two or more persons may possess a [lottery ticket] [coupon, share, or token]. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla....
...e or joint, that is, two or more persons may possess [Run Down Sheets] [Tally Sheets] [or] [Other Papers, Records, Instruments, or Paraphernalia],. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.