(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.
History.—s. 2, ch. 29712, 1955; s. 1, ch. 57-236; s. 8, ch. 74-385; s. 8, ch. 80-68; s. 1379, ch. 97-102.
Structure Florida Statutes
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.
849.085 - Certain Penny-Ante Games Not Crimes; Restrictions.
849.086 - Cardrooms Authorized.
849.09 - Lottery Prohibited; Exceptions.
849.091 - Chain Letters, Pyramid Clubs, etc., Declared a Lottery; Prohibited; Penalties.
849.092 - Motor Fuel Retail Business; Certain Activities Permitted.
849.0931 - Bingo Authorized; Conditions for Conduct; Permitted Uses of Proceeds; Limitations.
849.094 - Game Promotion in Connection With Sale of Consumer Products or Services.
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.
849.141 - Bowling Tournaments Exempted From Chapter.
849.142 - Exempted Activities.
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; Place of Operation Subject to Lien for Fine.
849.21 - Injunction to Restrain Violation.
849.22 - Fees of Clerk of Circuit Court and Sheriff.
849.23 - Penalty for Violations of Ss. 849.15-849.22.
849.231 - Gambling Devices; Manufacture, Sale, Purchase or Possession Unlawful.
849.232 - Property Right in Gambling Devices; Confiscation.
849.233 - Penalty for Violation of S. 849.231.
849.235 - Possession of Certain Gambling Devices; Defense.
849.25 - “Bookmaking” Defined; Penalties; Exceptions.
849.26 - Gambling Contracts Declared Void; Exception.
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; Prosecution of Suit.
849.33 - Judgment and Collection of Money; Execution.
849.34 - Loser’s Judgment; Recovery of Property; Writ of Assistance.
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; Notice of Seizure and Order to Show Cause.
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.