Florida Games Of Chance Law

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Games of chance with dice

(a) “Game promotion” means, but is not limited to, a contest, game of chance, sweepstakes, or gift enterprise, conducted by an operator within or throughout the state and other states in connection with and incidental to the sale of consumer products or services, and in which the elements of chance and prize are present. A violation of the game promotion law can result in a civil penalty of up to $1,000 per violation, an injunction and, in some cases if appropriate, referral for criminal prosecution. In addition, a violation may constitute a deceptive and unfair trade practice actionable under the Florida Deceptive and Unfair Trade Practices Act.

ChanceGames

Games of chance are those games whose outcome depends upon an element of chance, even though skill of the contestants may also be a factor influencing the outcome. A game that involve anything of monetary value, or upon which contestants may wager money is considered as gambling. Every game of chance involving money is a gamble. There are laws restricting or regulating the conduct of games of chance. Some games of chance may also involve a certain degree of skill. In some countries, chance games are illegal, or at least regulated, where skill games are not.

Whoever sets up, promotes or plays at any game of chance by lot or with dice, cards, numbers, hazards or any other gambling device whatever for, or for the disposal of money or other thing of value or under the pretext of a sale, gift or delivery thereof, or for any right, share or interest therein, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. Games of chance might trigger the requirement to conduct criminal background checks on the CEO or other staff of the nonprofit that is hosting the games. State or federal law may require the nonprofit to maintain special records and file certain reports about the games/winners. In light of the foregoing, games of chance, raffles, or lotteries for money or for anything of value in the context of a community association violate Chapter 849, Florida Statutes, even to the extent that the community association does not receive a portion of the proceeds or a portion of the proceeds goes to a charitable “cause.”.

The following is an example of state statute (New York) defining the term.

Pursuant to NY CLS Gen Mun § 186(3), “Games of chance shall mean and include only the games known as 'merchandise wheels', 'coin boards', 'merchandise boards', 'seal cards', 'raffles', and 'bell jars' and such other specific games as may be authorized by the board, in which prizes are awarded on the basis of a designated winning number or numbers, color or colors, symbol or symbols determined by chance, but not including games commonly known as 'bingo or lotto' which are controlled under article fourteen-H of this chapter and also not including [fig 1] 'bookmaking', 'policy or numbers games' and 'lottery' as defined in section 225.00 of the penal law. No game of chance shall involve wagering of money by one player against another player”.

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