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Florida Statute 849.935 - Full Text and Legal Analysis
Florida Statute 849.0935 | Lawyer Caselaw & Research
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F.S. 849.0935 Case Law from Google Scholar Google Search for Amendments to 849.0935

The 2025 Florida Statutes

Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
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.
(c) The source of the funds used to award cash prizes or to purchase prizes.
(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 CourtListener

Amendments to 849.0935


Annotations, Discussions, Cases:

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

Cases Citing Statute 849.0935

Total Results: 11

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

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761656

Published

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

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

259 So. 3d 765

Supreme Court of Florida | Filed: Dec 13, 2018 | Docket: 8402541

Published

849.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla. Stat., or in § 849.161

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

199 So. 3d 234, 2016 WL 4480340

Supreme Court of Florida | Filed: Aug 25, 2016 | Docket: 4416254

Published

OPERATION OF A DRAWING BY CHANCE § 849.0935(4) and § 849.0935(7), Fla. Stat. To prove the crime

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

176 So. 3d 938, 2015 WL 5853925

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866126

Published

84,9.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla. Stat., or in § 849.161, Fla. Stat., an

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

143 So. 3d 893, 2014 WL 3361905

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400982

Published

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

Ago

Florida Attorney General Reports | Filed: Dec 10, 2004 | Docket: 3258542

Published

a raffle or drawing by chance pursuant to section 849.0935, Florida Statutes? Section 849.09, Florida

Ago

Florida Attorney General Reports | Filed: Aug 13, 1997 | Docket: 3258472

Published

conduct drawings by chance or raffles under section 849.0935, Florida Statutes (1996 Supplement), as amended

Ago

Florida Attorney General Reports | Filed: Aug 23, 1994 | Docket: 3258897

Published

for consideration are generally prohibited.1 Section 849.0935, Florida Statutes, authorizes certain nonprofit

Ago

Florida Attorney General Reports | Filed: Dec 3, 1993 | Docket: 3257873

Published

violates s.849.0935(3)(a) and (4)(b), F.S. 3. Section 849.0935, F.S., contemplates that a prize will be awarded

Ago

Florida Attorney General Reports | Filed: Aug 27, 1993 | Docket: 3257712

Published

a lottery for money or anything of value. Section 849.0935(2), F.S., however, states that s. 849.09 "shall

Ago

Florida Attorney General Reports | Filed: Mar 22, 1988 | Docket: 3256982

Published

Robert A. Butterworth Attorney General 1 Section 849.0935(4)(a), F.S., states: It is unlawful for any