22.17 UNLAWFUL OPERATION OF A DRAWING BY CHANCE

To prove the crime of Unlawful Operation of a Drawing by Chance, the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) was [an organization] [a bona fide member or officer of an organization].

2. (Defendant) [promoted] [conducted] [operated] a drawing by chance.

Give one or more as applicable. § 849.0935(4)(a)–(4)(i), Fla. Stat.

3. (Defendant)

a. [designed] [engaged in] [promoted] [conducted] the drawing in which the selection of the winners was [in any way rigged] [predetermined by means of matching, instant win, preselected sweepstakes, or otherwise].

b. required an entry fee, donation, substantial consideration, payment, proof of purchase, or contribution as a condition of entering the drawing or being selected to win a prize.

c. conditioned the drawing on a minimum [number of tickets having been disbursed to contributors] [or] [amount of contributions having been received].

d. [[arbitrarily removed] [disqualified] [disallowed] [or] [rejected] any entry in the drawing] [or] [discriminated in any manner in the drawing between entrants who gave contributions to the organization and those who did not give such contributions].

e. failed to promptly notify, at the address set forth on the entry blank, any person whose entry was selected to win, of the fact that the person won the drawing.

f. failed to award all prizes offered in the drawing.

g. printed, published, or circulated literature or advertising material used in connection with the drawing which was false, deceptive, or misleading.

h. cancelled the drawing.

i. conditioned the acquisition or giveaway of any prize in the drawing upon the receipt of voluntary donations or contributions.

§ 849.0935(7), Fla. Stat.

j. [sold] [offered for sale] in this state a ticket or entry blank for a raffle or other drawing by chance that did not conspicuously disclose in a [brochure] [advertisement] [notice] [ticket] [or] [entry blank], the date, hour, and place where the winner would be chosen and the prizes would be awarded, unless the [brochure] [advertisement] [notice] [ticket] [or] [entry blank] [was] [were] not offered to the public more than 3 days prior to the drawing.