Can a nonprofit hold a raffle in Florida without breaking the gambling laws?

Subject

Gambling -- Raffles

Plain-English summary

A staff judge advocate at Eglin Air Force Base asked the AG whether a holiday raffle by a private organization would violate Florida's gambling laws. An assistant attorney general answered informally, pointing to the office's prior opinions rather than passing on the specific facts.

The starting rule is section 849.09, which makes it unlawful to promote or conduct a lottery for money or anything of value. A raffle is a drawing by chance and would normally fall under that ban. But section 849.0935 carves out a limited exception: it provides that section 849.09 does not prohibit an organization qualified under 26 U.S.C. 501(c)(3), (4), (7), (8), (10), or (19) from conducting drawings by chance, provided the organization complies with all applicable provisions of Chapter 496, the law governing charitable solicitation. So a qualifying nonprofit can run a raffle if it follows the Chapter 496 charitable-solicitation requirements.

The exception is narrow. The AG quoted its 2004 opinion noting that a chamber of commerce qualified under 26 U.S.C. 501(c)(6) is not on the list of organizations allowed to conduct drawings by chance, so it cannot. The letter also pointed the requester to the Department of Agriculture and Consumer Services, which administers Chapter 496, and noted that whether a particular organization qualifies and complies is a fact-specific matter the office could not resolve in an informal letter.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Are raffles legal in Florida?
Generally raffles are drawings by chance that fall under the lottery ban in section 849.09. But section 849.0935 lets certain qualifying nonprofits run them if they comply with Chapter 496.

Which organizations can run a raffle?
Under section 849.0935, organizations qualified under 26 U.S.C. 501(c)(3), (4), (7), (8), (10), or (19). The AG noted a 501(c)(6) chamber of commerce is not on that list and is not authorized.

What does a qualifying nonprofit have to do?
Comply with all applicable provisions of Chapter 496, Florida's charitable-solicitation law, which is administered by the Department of Agriculture and Consumer Services.

Did the AG rule on the specific raffle at the base?
No. The response was informal and pointed to prior opinions and the administering agency, rather than deciding whether the particular private organization's raffle was lawful.

Background and statutory framework

Section 849.09 prohibits promoting or conducting a lottery for money or anything of value. Section 849.0935 is a limited statutory exception that allows specified 501(c) organizations to conduct drawings by chance if they comply with Chapter 496, the Solicitation of Contributions law administered by the Department of Agriculture and Consumer Services. The list of eligible organizations is fixed by reference to specific 26 U.S.C. 501(c) subsections, and organizations outside it, including 501(c)(6) trade associations like chambers of commerce, are not covered.

The letter relied on the AG's earlier opinions (cited as AGO 93-59 and AGO 2004-62) interpreting these provisions, and emphasized that whether a given organization qualifies and complies with Chapter 496 is a factual determination for the administering agency, not the AG.

Citations

• Section 849.09, Florida Statutes
• Section 849.0935, Florida Statutes
• Chapter 496, Florida Statutes
• 26 U.S.C. 501(c)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/gambling-raffles
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8102

Original opinion text

Colonel Eric Mejia

Staff Judge Advocate

96 TW/JA

501 West Van Matre Avenue, Suite 1

Eglin Air Force Base, Florida 32542

Dear Colonel Mejia:

Thank you for considering this office as a source for assistance in determining whether a holiday raffle by a private organization violates Florida’s gambling statutes. Attorney General Bondi has asked that I respond to your inquiry.

This office has addressed the conducting of raffles in several scenarios. In Attorney General Opinion 93-59, this office was asked whether a nonprofit 501(c)(3) corporation was authorized to conduct raffles to benefit local school districts. This office concluded that a nonprofit qualified under 26 United States Code 501(c)(3) is authorized to conduct a raffle provided the operator has complied with all applicable provisions in Chapter 496, Florida Statutes, governing the solicitation of funds by a charitable organization.

I note that you have sent your request to the Department of Agriculture and Consumer Services which is the agency which administers the provisions in Chapter 496, Florida Statutes.

You may also wish to review the discussion in Attorney General Opinion 2004-62, in which this office discussed the conducting of a raffle by a chamber of commerce. That opinion states:

"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.'

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. 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." (citations omitted)

Attorney General Opinion 2004-62, as well as others relating to gambling, may be accessed in a searchable database located on this agency’s website at: www.myfloridalegal.com.

I trust this information will be of assistance to you in assessing whether the activities of the private organizations on your base may constitute illegal gambling under Florida law.

Sincerely,

Lagran Saunders

Assistant Attorney General

ALS/tsh