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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hi , I need to know if I can raffle my home and I have two

Resolved Question:

Hi ,
I need to know if I can raffle my home and I have two rental propertys as well. I will losing everything before to long because I can't find a buyer. I don't know what to do . It has been listed for over 1 1/2 years. I'm right tax able value of trying to sell this. I live in Plant City fl.
Thank you for your time,
Franky
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

Raffles of any kind run afoul of state gambling laws since raffles are considered to be a form of gambling. While it is possible to set up such a raffle, he laws behind it and to ensure compliance with both state and federal authorities would require you to retain counsel. Florida appears to have laws that may permit raffles but only for non-profit entities. I have not been able to find laws that would permit an individual to set up such a raffle directly. Here is the underlying statute:

849.0935 Charitable, nonprofit organizations; drawings by chance; required disclosures; unlawful acts and practices; penalties.
(1) As used in this section, the term:
(a) “Drawing by chance” or “drawing” means an enterprise in which, from the entries submitted by the public to the organization conducting the drawing, one or more entries are selected by chance to win a prize. The term “drawing” does not include those enterprises, commonly known as “matching,” “instant winner,” or “preselected sweepstakes,” which involve the distribution of winning numbers, previously designated as such, to the public.
(b) “Organization” means an organization which is exempt from federal income taxation pursuant to 26 U.S.C. s. 501(c)(3), (4), (7), (8), (10), or (19), and which has a current determination letter from the Internal Revenue Service, and its bona fide members or officers.
(2) 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.
(3) All brochures, advertisements, notices, tickets, or entry blanks used in connection with a drawing by chance shall conspicuously disclose:
(a) The rules governing the conduct and operation of the drawing.
(b) The full name of the organization and its principal place of business.
(c) The source of the funds used to award cash prizes or to purchase prizes.
(d) The date, hour, and place where the winner will be chosen and the prizes will be awarded, unless the brochures, advertisements, notices, tickets, or entry blanks are not offered to the public more than 3 days prior to the drawing.
(e) That no purchase or contribution is necessary.
(4) It is unlawful for any organization which, pursuant to the authority granted by this section, promotes, operates, or conducts a drawing by chance:
(a) To design, engage in, promote, or conduct any drawing in which the winner is predetermined by means of matching, instant win, or preselected sweepstakes or otherwise or in which the selection of the winners is in any way rigged;
(b) To require an entry fee, donation, substantial consideration, payment, proof of purchase, or contribution as a condition of entering the drawing or of being selected to win a prize. However, this provision shall not prohibit an organization from suggesting a minimum donation or from including a statement of such suggested minimum donation on any printed material utilized in connection with the fundraising event or drawing;
(c) To condition the drawing on a minimum number of tickets having been disbursed to contributors or on a minimum amount of contributions having been received;
(d) To arbitrarily remove, disqualify, disallow, or reject any entry or to discriminate in any manner between entrants who gave contributions to the organization and those who did not give such contributions;
(e) To fail to promptly notify, at the address set forth on the entry blank, any person, whose entry is selected to win, of the fact that he or she won;
(f) To fail to award all prizes offered;
(g) To print, publish, or circulate literature or advertising material used in connection with the drawing which is false, deceptive, or misleading;
(h) To cancel a drawing; or
(i) To condition the acquisition or giveaway of any prize upon the receipt of voluntary donations or contributions.
(5) The organization conducting the drawing may limit the number of tickets distributed to each drawing entrant.
(6) A violation of this section is a deceptive and unfair trade practice.
(7) Any organization which engages in any act or practice in violation of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. However, any organization or other person who sells or offers for sale in this state a ticket or entry blank for a raffle or other drawing by chance, without complying with the requirements of paragraph (3)(d), is guilty of a misdemeanor of the second degree, punishable by fine only as provided in s. 775.083.
(8) This section does not apply to the state lottery operated pursuant to chapter 24.
History.s. 1, ch. 84-181; ss. 1, 2, ch. 88-115; s. 216, ch. 91-224; s. 1, ch. 96-253; s. 1825, ch. 97-102; s. 1, ch. 97-108.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37882
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for replying,
To many laws to stop poor people of living. If your rich not with wealth , people me like just give up and die. It's all the law makers who dictate what you can and not do because it does not apply to them. I think all of congress need to be fired and put new young blood in there place. The laws and tax breaks are only for the rich and everyone else is dog meat.
Well I guess I don't have a leg to stand on ,oh well. I think the laws need to change to protect and help the people who needs it. The american people are now no more. If you come in to the usa they get all the benefits that we should get. We are nothing....... Thanks for your time.
Expert:  Dimitry K., Esq. replied 1 year ago.
Franky,

My apologies but please do not blame me for the laws. I simply answered your question as it was posed. My job as a professional is to provide you with the best answer I can, even if it is not always favorable to you. I am genuinely sorry that this is not as you hoped. Kindly do not forget to rate my answers to you so that I may obtain credit for researching this matter for you. Thank you.

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