(1) Every peace officer, other than the sheriff, seizing property pursuant to the provisions of ss. 849.36-849.46 shall forthwith make return of the seizure thereof and deliver the said property to the sheriff of the county wherein the same was seized. The said return to the sheriff shall describe the property seized and give in detail the facts and circumstances under which the same was seized and state in full the reason why the seizing officer knew, or was led to believe, that the said property was being used for or in connection with a violation of the statutes and laws of this state prohibiting lotteries and gambling in this state. The said return shall contain the names of all persons, firms and corporations known to the seizing officer to be interested in the seized property.
(2) When property is seized by the sheriff pursuant to this chapter, or when property seized by another is delivered to the sheriff as aforesaid, the sheriff shall forthwith fix the approximate value thereof and make return thereof to the clerk of the circuit court as hereinafter provided.
(3) The return of the sheriff aforesaid shall contain a schedule of the property seized describing the same in reasonable detail and give in detail the facts and circumstances under which it was seized and state in full the reason why the seizing officer knew or was led to believe that the property was being used for or in connection with a violation of the statutes and laws of this state prohibiting lotteries or gambling in this state; and a statement of the names of all persons, firms and corporations known to the sheriff to be interested in the seized property; and in cases where the said property was seized by another the sheriff shall attach to his or her said return, as an exhibit thereto, the return of the seizing officer to him or her.
(4) The sheriff shall hold the said property seized pending its disposal by the court as hereinafter provided.
History.—s. 3, ch. 29712, 1955; s. 1380, 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.