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Florida State Laws for Contests

Chapter 849 of the Florida Code deals with the do's and don'ts of contests and gambling in that state. Because of the number of senior citizens and immigrants that make up Florida's population, the state legislature paid inordinate attention to this part of Florida law to protect them. In this chapter, virtually every means of gambling, including contests, is covered along with penalties for engaging in unlawful practices.
  1. Contests to Influence Retail Sales

    • If contests or games of chance are used in this fashion, the sponsor may not predetermine the winners of the contest or otherwise influence its outcome. Furthermore, the sponsor has to file the rules of the contest and a list of prizes with the state's Department of Agriculture and Consumer Services at least a week before the contest begins. The sponsor also must deposit sufficient money on escrow at a bank to pay the winners of the contest. Finally, the sponsor of the contest must provide a list of winners of $25 or more to that agency, regardless of where they are from. If a person sponsors such a contest without notifying that Florida agency, he will be charged with a second-degree misdemeanor.

    Charities

    • Almost all of Section 849.0935 of Florida's code deals with charities raising money through a contest and specifically sets how the organization can promotes it. The charity must print the rules, identify the source of prizes, declare when the contest will take place, specify that no contribution is required, explain that the contest will not be predetermined, and convey that the winners of the contest will be notified. Furthermore, the list of prizes must be published and be paid out. The charity also has the right to limit the number of tickets sold. Any violation of the statute will result in the sponsor cited for a second-degree misdemeanor.

    Other Contests

    • If any gambling paraphernalia is found, the statute says that prima facie evidence exists that gambling has taken place on the premises where it is found. Furthermore, it will be assumed that the owner of a place where gambling or contests have been conducted had prior knowledge even though it may have been run by someone that the owner does not know. The statute specifically excludes contests run by Florida or other states from its prohibition of lotteries in the state.


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