Chapter 849 — Chapter 849
57 sections in this chapter.
Fla. Stat. § 849.40 Proceeding when no claim filed
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When no claim is filed in the cause within the time required the clerk shall enter a default against all persons, firms and corporations owning, claiming or having an interest in and to the property seized and the cause may then proceed in the same manner as a common-law cause af…
Fla. Stat. § 849.41 Proceeding when claim filed
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When one or more claims are filed in the cause the cause shall be tried upon the issues made thereby with the petition for forfeiture with any affirmative defenses being deemed denied without further pleading. Judgment by default shall be entered against all other persons, firms …
Fla. Stat. § 849.42 State attorney to represent state
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Upon the filing of the sheriff’s return with the clerk of the circuit court the said clerk shall furnish the state attorney with a copy thereof and the said state attorney shall represent the state in the forfeiture proceedings. The Department of Legal Affairs shall represent the…
Fla. Stat. § 849.43 Judgment of forfeiture
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On final hearing the return of the sheriff to the clerk of the circuit court shall be taken as prima facie evidence that the property seized was or had been used in, or in connection with, the violation of the statutes and laws of this state prohibiting lotteries and gambling in …
Fla. Stat. § 849.44 Disposition of proceeds of forfeiture
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All sums received from a sale or other disposition of property that is seized by the Florida Gaming Control Commission shall be deposited into the Pari-Mutuel Wagering Trust Fund. Otherwise, all sums received from a sale or other disposition of the seized property shall be deposi…
Fla. Stat. § 849.45 Fees for services
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Fees for services required hereunder shall be the same as provided for sheriffs and clerks for like and similar services in other cases and matters.
Fla. Stat. § 849.46 Exercise of police power
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It is deemed by the Legislature that this chapter is necessary for the more efficient and proper enforcement of the statutes and laws of this state prohibiting lotteries and gambling, and a lawful exercise of the police power of the state for the protection of the public welfare,…