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Florida Statute 849.0935 - Full Text and Legal Analysis
Florida Statute 849.0935 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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
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  |  Sort by: Relevance  |  Newest First

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In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015).

Published | Supreme Court of Florida | 2015 WL 5853925

...which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla....
...It is not necessary, however, that the State prove that the defendant performed all the acts incident to the lottery. - 40 - If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., or § 849.0935, Fla. Stat., or in § 849.161, Fla....
...other interest or participation in the lottery. - 42 - If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., or § 849.0935, Fla. Stat., or in § 849.161, Fla....
... which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., or § 849.0935, Fla. Stat., or in § 849.161, Fla....
...drawing numbers, entries, cards, or by rolling dice. - 46 - If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., or § 849.0935, Fla. Stat., or in § 849.161, Fla....
...token evidencing some interest in a lottery] was located in a common area in plain view and in the presence of the defendant. If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., or § 849.0935, Fla. Stat., or in § 849.161, Fla....
...paraphernalia] were located in a common area in plain view and in the presence of the defendant. If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., or § 849.0935, Fla. Stat., or in § 849.161, Fla....
Copy

Ago (Fla. Att'y Gen. 1988).

Published | Florida Attorney General Reports

Robert A. Butterworth Attorney General 1 Section 849.0935(4)(a), F.S., states: It is unlawful for any
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In Re Stand. Jury Instructions in Crim. Cases—report No. 2013-07, 143 So. 3d 893 (Fla. 2014).

Published | Supreme Court of Florida | 2014 WL 3361905

...determining whether guilt of actual participation in [setting up] [promoting] [conducting] a lottery has been proved. If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092 Fla._Stat., § 849.0931, Fla. Stat., § 849.0935, Fla....
Copy

Ago (Fla. Att'y Gen. 1993).

Published | Florida Attorney General Reports

violates s.849.0935(3)(a) and (4)(b), F.S. 3. Section 849.0935, F.S., contemplates that a prize will be awarded
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In Re: Stand. Jury Instructions in Crim. Cases - Report 2019-05 (Fla. 2019).

Published | Supreme Court of Florida

...which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla....
...offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
...which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla. Stat., § 849.0935, Fla....
...offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
...y a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla. Stat., or in § 849.0935, Fla....
...offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
...drawing numbers, entries, cards, or by rolling dice. - 10 - If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla. Stat., or in § 849.0935, Fla....
...offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
...y a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla. Stat., or in § 849.0935, Fla....
...offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
...joint, that is, two or more persons may possess a [lottery ticket] [coupon, share, or token]. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla. Stat., or in § 849.0935, Fla....
...offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
...more persons may possess [Run Down Sheets] [Tally Sheets] [or] [Other Papers, Records, Instruments, or Paraphernalia],. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla. Stat., or in § 849.0935, Fla....
...offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....
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In Re: Stand. Jury Instructions in Crim. Cases-Report 2018-10., 259 So. 3d 765 (Fla. 2018).

Published | Supreme Court of Florida

...ole or joint, that is, two or more persons may possess a [lottery ticket] [coupon, share, or token]. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla....
...more persons may possess [Run Down Sheets] [Tally Sheets] [or] [Other Papers, Records, Instruments, or Paraphernalia],. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla....
Copy

Ago (Fla. Att'y Gen. 2004).

Published | Florida Attorney General Reports

...48 Attention: Nicholas G. Matassini, Assistant State Attorney Dear Mr. Ober: You ask the following question: May a "chamber of commerce," designated as a 26 United States Code 501(c)(6) organization, conduct a raffle or drawing by chance pursuant to section 849.0935 , Florida Statutes? Section 849.09 , Florida Statutes, makes it unlawful for any person in this state to promote or conduct a lottery for money or anything of value. Section 849.0935 (2), Florida Statutes, however, states: "The provisions of s....
...849.09 shall not be construed to prohibit an organization qualified under 26 U.S.C. s. 501 (c)(3), (4), (7), (8), (10), or (19) from conducting drawings by chance pursuant to the authority granted by this section, provided the organization has complied with all applicable provisions of chapter 496." 1 Section 849.0935 , Florida Statutes, thus constitutes a limited exception from the general prohibition against gambling in this state by authorizing some, but not all, 501(c) organizations to conduct drawings by chance subject to the conditions and limitations prescribed therein. 2 A chamber of commerce qualified under 26 U.S.C. 501 (c)(6), however, is not among those organizations listed in section 849.0935 , Florida Statutes, as authorized to conduct drawings by chance. 3 It is a principle of statutory construction that when the controlling law directs how a thing is to be done, that is, in effect, a prohibition against its being done in any other way. 4 Since section 849.0935 , Florida Statutes, does not include a chamber of commerce qualified under 26 U.S.C. 501 (c)(6), among those authorized to conduct drawing by chance, a chamber of commerce would not be qualified to conduct a raffle or drawing by chance pursuant to section 849.0935 , Florida Statutes....
...501 (c)(6) and meeting the other criteria of section 849.0931 , Florida Statutes, would be authorized to conduct bingo games as set forth therein. Accordingly, I am of the opinion that a chamber of commerce qualified under 26 U.S.C. 501 (c)(6) is not authorized by section 849.0935 , Florida Statutes, to conduct raffles or drawings by chance, but may pursuant to section 849.0931 , Florida Statutes, conduct bingo games, provided such organization is engaged in charitable, civic, community, benevolent, religious, or scholastic works or other similar activities, and has been in existence and active for a period of 3 years or more. Sincerely, Charlie Crist Attorney General CC/tjw 1 And see s. 849.0935 (1)(b), Fla....
...Stat., defining an "[o]rganization" as one that 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." See also s. 849.0935 (1)(a), Fla....
Copy

Ago (Fla. Att'y Gen. 1993).

Published | Florida Attorney General Reports

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

In Re Stand. Jury Instructions in Crim. Cases-report No. 2016-02, 199 So. 3d 234 (Fla. 2016).

Published | Supreme Court of Florida | 2016 WL 4480340

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

Ago (Fla. Att'y Gen. 1994).

Published | Florida Attorney General Reports

...Florida's gambling laws, which are codified in Chapter 849 , Florida Statutes, primarily concern games of chance rather than contests of skill. For example, lotteries consisting of a prize awarded by chance for consideration are generally prohibited. 1 Section 849.0935 , Florida Statutes, authorizes certain nonprofit organizations to conduct drawings by chance subject to the conditions and limitations prescribed therein. "Drawing by chance" is defined by section 849.0935 (1)(a), Florida Statutes, to mean "an enterprise in which, from the entries submitted by the public to the operator of the drawing, one or more entries are selected by chance to win a prize." The term, however, does not include those...
...previously designated as such, to the public. While the purchaser of a ticket in the instant inquiry does not select the teams, the winning ticket is not selected by chance but rather is selected on the basis of the teams' performance. Accordingly, section 849.0935 (1)(a), Florida Statutes, would not appear to be applicable to your inquiry....
Copy

Ago (Fla. Att'y Gen. 1997).

Published | Florida Attorney General Reports

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

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