Florida Statute 849.0935 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

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F.S. 849.0935

849.0935 Charitable, nonprofit organizations; drawings by chance; required disclosures; unlawful acts and practices; penalties.—

(1) As used in this section, the term:

(a) “Drawing by chance,” “drawing,” or “raffle” means an enterprise in which, from the entries submitted by the public to the organization conducting the drawing, one or more entries are selected by chance to win a prize. The term “drawing” does not include those enterprises, commonly known as “game promotions,” as defined by s. 849.094, “matching,” “instant winner,” or “preselected sweepstakes,” which involve the distribution of winning numbers, previously designated as such, to the public.

(b) “Organization” means an organization which is exempt from federal income taxation pursuant to 26 U.S.C. s. 501(c)(3), (4), (7), (8), (10), or (19), and which has a current determination letter from the Internal Revenue Service, and its bona fide members or officers.

(2) Section 849.09 does not prohibit an organization from conducting drawings by chance pursuant to the authority granted by this section, if the organization has complied with all applicable provisions of chapter 496 and this section.

(3) All brochures, advertisements, notices, tickets, or entry blanks used in connection with a drawing by chance shall conspicuously disclose:

(a) The rules governing the conduct and operation of the drawing.

(b) The full name of the organization and its principal place of business.

(d) The date, hour, and place where the winner will be chosen and the prizes will be awarded, unless the brochures, advertisements, notices, tickets, or entry blanks are not offered to the public more than 3 days prior to the drawing.

(e) That no purchase or contribution is necessary.

(4) It is unlawful for any organization that, pursuant to the authority granted by this section, promotes, operates, or conducts a drawing by chance:

(a) To design, engage in, promote, or conduct any drawing in which the winner is predetermined by means of matching, instant win, or preselected sweepstakes or otherwise or in which the selection of the winners is in any way rigged;

(b) To require an entry fee, donation, substantial consideration, payment, proof of purchase, or contribution as a condition of entering the drawing or of being selected to win a prize. However, this paragraph does not prohibit an organization from suggesting a minimum donation or from including a statement of such suggested minimum donation on any printed material used in connection with the fundraising event or drawing;

(c) To condition the drawing on a minimum number of tickets having been disbursed to contributors or on a minimum amount of contributions having been received;

(d) To arbitrarily remove, disqualify, disallow, or reject any entry or to discriminate in any manner between entrants who gave contributions to the organization and those who did not give such contributions;

(e) To fail to promptly notify, at the address set forth on the entry blank, any person whose entry is selected to win of the fact that he or she won;

(f) To fail to award all prizes offered;

(g) To print, publish, or circulate literature or advertising material used in connection with the drawing which is false, deceptive, or misleading;

(h) To cancel a drawing; or

(i) To condition the acquisition or giveaway of any prize upon the receipt of voluntary donations or contributions.

(5) The organization conducting the drawing may limit the number of tickets distributed to each drawing entrant.

(6) A violation of this section is a deceptive and unfair trade practice.

(7) Any organization that engages in any act or practice in violation of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any organization or other person who sells or offers for sale in this state a ticket or entry blank for a raffle or other drawing by chance, without complying with the requirements of paragraph (3)(d), commits a misdemeanor of the second degree, punishable by fine only as provided in s. 775.083.

(8) This section does not apply to the state lottery operated pursuant to chapter 24.

History.—s. 1, ch. 84-181; ss. 1, 2, ch. 88-115; s. 216, ch. 91-224; s. 1, ch. 96-253; s. 1825, ch. 97-102; s. 1, ch. 97-108; s. 2, ch. 2013-2.

F.S. 849.0935 on Google Scholar

F.S. 849.0935 on Casetext

Amendments to 849.0935

Arrestable Offenses / Crimes under Fla. Stat. 849.0935

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

S849.0935 - GAMBLING - FAIL TO FOLLOW GUIDELINES FOR GAMES OF CHANCE - M: S

S849.0935 - GAMBLING - FAIL TO STATE DATE HOUR PLACE DRAWING WINNER - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 849.0935

Total Results: 12

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-05

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: 849.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla. Stat., or in § 849.161, Fla. Stat., an appropriate…exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla. Stats., might apply. This instruction….092, Fla. Stat., in § 849.0931, Fla. Stat., § 849.0935, Fla. Stat., or in § 849.161, Fla. Stat., an appropriate…exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla. Stats., might apply. This instruction…Fla. Stat., in § 849.0931, Fla. Stat., or in § 849.0935, Fla. Stat., or in § 849.161, Fla. Stat., an appropriate

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-10.

Court: Fla. | Date Filed: 2018-12-13T00:00:00-08:00

Citation: 259 So. 3d 765

Snippet: 849.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla. Stat., or in § 849.161 …849.092, Fla. Stat., § 849.093I, Fla. Stat., § 849.0935, Fla. Stat., or in § 849.161

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2016-02

Court: Fla. | Date Filed: 2016-08-25T00:00:00-07:00

Citation: 199 So. 3d 234, 2016 WL 4480340

Snippet: OPERATION OF A DRAWING BY CHANCE § 849.0935(4) and § 849.0935(7), Fla. Stat. To prove the crime…UNLAWFUL OPERATION OF A DRAWING BY CHANCE — 849.0935(4) and 849.0935(7) CATEGORY ONE CATEGORY TWO_FLA.…each drawing entrant. See § 849.0935(5), Fla. Stat. Pursuant to § 849.0935(2), Fla. Stat., the lottery…The crime described in the second sentence in § 849.0935(7), Fla. Stat., does not require the defendant…all applicable provisions of chapter 496 and § 849.0935, Fla. Stat. This instruction was adopted

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

Court: Fla. | Date Filed: 2015-10-08T00:00:00-07:00

Citation: 176 So. 3d 938, 2015 WL 5853925

Snippet: 84,9.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla. Stat., or in § 849.161, Fla. Stat., an appropriate…, Fla. Stat., § 849.0981, Fla. Stat., &r-§ 849.0935, Fla, Stat., or in § 849.161, Fla. Stat., an appropriate….092, Fla. Stat., § 849.0931, Fla, Stat., er-§ 849.0935, Fla. Stat., or in § 849.161, Fla. Stat., an appropriate

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07

Court: Fla. | Date Filed: 2014-07-10T00:00:00-07:00

Citation: 143 So. 3d 893, 2014 WL 3361905

Snippet: 849.092 Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla. Stat, or in § 849.161 Fla. Stat., an appropriate

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Court: Fla. Att'y Gen. | Date Filed: 2011-07-19T00:53:00-07:00

Snippet: chance, entitle the recipient to a prize. 10 See s. 849.0935(1)(a), Fla. Stat., defining a drawing by chance

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Court: Fla. Att'y Gen. | Date Filed: 2004-12-09T23:53:00-08:00

Snippet: raffle or drawing by chance pursuant to section 849.0935, Florida Statutes? Section 849.09, Florida Statutes…lottery for money or anything of value. Section 849.0935(2), Florida Statutes, however, states: "…applicable provisions of chapter 496."1 Section 849.0935, Florida Statutes, thus constitutes a limited …not among those organizations listed in section 849.0935, Florida Statutes, as authorized to conduct drawings…its being done in any other way.4 Since section 849.0935, Florida Statutes, does not include a chamber

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Court: Fla. Att'y Gen. | Date Filed: 1997-08-13T00:53:00-07:00

Snippet: public." 8 Section 849.0935(3), Fla. Stat. (1996 Supp.). 9 Section 849.0935(1)(a), Fla. Stat. (1996…1996 Supp.). 10 Section 849.0935(4)(b), Fla. Stat. (1996 Supp.). 11 Section 849.0935(4)(d), Fla. Stat. (1996…conduct drawings by chance or raffles under section 849.0935, Florida Statutes (1996 Supplement), as amended…about the application of these changes to section 849.0935, Florida Statutes (1996 Supplement). You have …lottery for money or anything of value. Section 849.0935, Florida Statutes (1996 Supplement), as amended

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Court: Fla. Att'y Gen. | Date Filed: 1994-08-23T00:53:00-07:00

Snippet: consideration are generally prohibited.1 Section 849.0935, Florida Statutes, authorizes certain nonprofit…;Drawing by chance" is defined by section 849.0935(1)(a), Florida Statutes, to mean "an enterprise…the teams' performance. Accordingly, section 849.0935(1)(a), Florida Statutes, would not appear to be

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Court: Fla. Att'y Gen. | Date Filed: 1993-12-02T23:53:00-08:00

Snippet: is necessary violates s.849.0935(3)(a) and (4)(b), F.S. 3. Section 849.0935, F.S., contemplates that …provisions of s. 849.0935(4)(f), F.S.6 Question Three As previously noted, s. 849.0935, F.S., constitutes…withdrawals from the account. 5 Section 849.0935(3)(a), F.S. 6 See, s. 849.0935(5), F.S., which provides: Any operator…connection with entering the drawing violate s. 849.0935(4)(f), F.S., if such advertising fails to clearly…contributions received, violate s. 849.09 or s.849.0935(3)(b), F.S., by requiring a payment or contribution

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Court: Fla. Att'y Gen. | Date Filed: 1993-08-27T00:53:00-07:00

Snippet: misleading. 5 Section 849.0935(1)(a), F.S. 6 Section 849.0935(4)(a), F.S. 7 Section 849.0935(4)(b), F.S. 8 Section… Section 849.0935(4) , F.S. 9 Section 849.0935(4)(d) and (e), F.S. 10 Section 849.0935(5), F.S. Such misdemeanor… such, to the public. 4 Section 849.0935(3), F.S. And see, s. 849.0935(4)(f), F.S., making it unlawful… U.S.C. § 501 (3) authorized under s. 849.0935, F.S., to conduct a weekly raffle to benefit local…U.S.C. § 501 (3) is authorized under s. 849.0935, F.S., to conduct a weekly raffle to benefit local

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Court: Fla. Att'y Gen. | Date Filed: 1988-03-21T23:53:00-08:00

Snippet: within the meaning of s. 849.0935(4)(b), F.S., and is prohibited by s.849.0935, F.S. According to your …under s. 849.0935, F.S. Sincerely, Robert A. Butterworth Attorney General 1 Section 849.0935(4)(a), F.…Circuit of Florida QUESTION: Is it a violation of s. 849.0935, F.S., for a charitable, nonprofit organization…are explicitly declared to be unlawful under s. 849.0935(4)(a), F.S.1 By comparing the back of the card…drawings by chance" or "drawings,"2 s. 849.0935(1)(a), F.S., in defining such terms, states: (