Illegal Lotteries, Bolita, Raffles, and Game Promotions in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What Makes Something a "Lottery"

Under the jury instructions, a lottery has three parts:

1. Consideration: a bet or a "thing ventured." That can be money or property, or something else risked, such as the time and effort it takes to take part.
2. A prize.
3. Chance: the winner is picked by lot or chance, not by the players' skill, such as by drawing numbers or rolling dice.

Take away any one of the three and it is not a lottery.

What the State Must Prove

• Disposing of money or property by lottery (s. 849.09(1)(b); Fla. Std. Jury Instr. (Crim.) 22.6, Elements): you disposed of money or property, and you did it by means of a lottery.
• Conducting or advertising a lottery drawing (s. 849.09(1)(c); Instr. 22.7, Elements): you conducted a lottery drawing, or you advertised one in print, by radio or phone, or otherwise.
• Assisting a lottery (s. 849.09(1)(d); Instr. 22.8, Elements): a lottery was set up, promoted, or conducted, and you either helped set it up, promote it, or run it, or were interested in or connected with it.
• Unlawful drawing by chance (raffles) (s. 849.0935(4), (7); Instr. 22.17, Elements): a qualifying tax-exempt organization, or its member or officer, ran a drawing and broke a listed rule: for example, rigging or predetermining winners, requiring a donation or purchase to enter, not awarding all prizes, misleading advertising, or canceling the drawing. Separately, anyone who sells raffle tickets without disclosing the date, time, and place of the drawing (unless offered to the public no more than 3 days before) commits a crime.
• Unlawful game promotion (sweepstakes) (s. 849.094(2); Instr. 22.18, Elements): an operator of a promotion tied to selling consumer products or services rigged or predetermined winners, arbitrarily rejected entries, failed to award prizes, used false or misleading advertising, or required an entry fee, payment, or proof of purchase to enter.

Degrees and Penalties

• Setting up, promoting, or conducting a lottery; disposing of property by lottery; conducting or advertising a drawing; assisting (s. 849.09(1)(a)-(d)): third-degree felony, up to 5 years and a $5,000 fine.
• Attempting to run a lottery, selling tickets, possessing lottery devices, tally or "run down" sheets, tickets, or advertisements (s. 849.09(1)(e)-(k)): first-degree misdemeanor; a third-degree felony for someone with a prior conviction under those provisions.
• Charity raffle violations (s. 849.0935(7)): second-degree misdemeanor, up to 60 days and a $500 fine. Selling tickets without the date-and-place disclosure is a second-degree misdemeanor punishable by fine only.
• Game promotion violations (s. 849.094(9)): second-degree misdemeanor, plus possible civil penalties of up to $1,000 per violation.

Following the state's game promotion rules is not a defense to a slot machine or gambling device charge. See Illegal Gambling for maquinitas and bookmaking.

Common Miami Situations

• A bolita or numbers operation run out of a café, bodega, or barbershop, with tally sheets found in a search.
• A club, church, or school raffle that required a donation to enter.
• A store or online "sweepstakes" that required a purchase to play.

Defense Themes

• Missing an element. No consideration, no prize, or a winner chosen by skill means no lottery.
• Your role. Being present where tickets were sold is not the same as running the game.
• What the papers really are. The State must tie notes and lists to a lottery.
• The right statute. A raffle or promotion charge is a misdemeanor, not a felony.

What to Do First

1. Do not explain the papers or the game to officers.
2. Do not reopen or restart the game while the case is pending.
3. Keep records of any raffle permits, tax-exempt letters, and official rules.
4. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is bolita a felony in Florida?

Running, promoting, or helping run a lottery is a third-degree felony. Selling tickets or holding tally sheets is a first-degree misdemeanor for a first offense.

Our charity raffle asked for a donation. Is that a crime?

A qualifying organization cannot require a donation to enter, but it may suggest a minimum donation. A violation is a second-degree misdemeanor.

Can a business sweepstakes be illegal?

Yes, if it requires a purchase or entry fee, is rigged, or fails to award prizes, among other violations.