Senate Bill sb2538c1

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    Florida Senate - 2005                           CS for SB 2538

    By the Committee on Regulated Industries; and Senator
    Argenziano




    580-2265-05

  1                      A bill to be entitled

  2         An act relating to drawings by chance; amending

  3         s. 849.0935, F.S.; redefining the term

  4         "organization" to include homeowners'

  5         associations, certain other associations, and

  6         chambers of commerce among those allowed to

  7         conduct drawings by chance; defining the term

  8         "charitable purpose" as applied to permissible

  9         uses of the proceeds from such drawings;

10         providing restrictions upon the construction of

11         s. 849.09, F.S., relating to prohibitions

12         against lotteries and exceptions from such

13         prohibitions; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Paragraph (b) of subsection (1) and

18  subsection (2) of section 849.0935, Florida Statutes, are

19  amended, and paragraph (c) is added to subsection (1) of that

20  section, to read:

21         849.0935  Charitable, nonprofit organizations; drawings

22  by chance; required disclosures; unlawful acts and practices;

23  penalties.--

24         (1)  As used in this section, the term:

25         (b)  "Organization" means:

26         1.  An organization that which is exempt from federal

27  income taxation pursuant to 26 U.S.C. s. 501(c)(3), (4), (7),

28  (8), (10), or (19), and that which has a current determination

29  letter from the Internal Revenue Service, and its bona fide

30  members or officers, if the organization has complied with all

31  applicable provisions of chapter 496;.

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    Florida Senate - 2005                           CS for SB 2538
    580-2265-05




 1         2.  A homeowners' association or association as defined

 2  in chapter 718, chapter 719, chapter 720, or chapter 723, if

 3  the proceeds from the drawing are used for a charitable

 4  purpose or a community benefit; or

 5         3.  A local chamber of commerce, if the proceeds from

 6  the drawing are used for a charitable purpose or a community

 7  benefit.

 8         (c)  "Charitable purpose" means any benevolent,

 9  philanthropic, patriotic, educational, humane, scientific,

10  artistic, public health, social welfare or advocacy,

11  environmental conservation, civic, or other eleemosynary

12  objective.

13         (2)  Section The provisions of s. 849.09 may shall not

14  be construed to prohibit an organization, as defined in this

15  section, qualified under 26 U.S.C. s. 501(c)(3), (4), (7),

16  (8), (10), or (19) from conducting drawings by chance pursuant

17  to the authority granted by this section, provided the

18  organization has complied with all applicable provisions of

19  chapter 496.

20         Section 2.  This act shall take effect July 1, 2005.

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    Florida Senate - 2005                           CS for SB 2538
    580-2265-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2538

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 4  The committee substitute (CS) amends the definition of the
    term "organization" in s. 849.0935(1)(b)1., F.S., to provide
 5  that an organization that is exempt from federal income
    taxation pursuant to 26 U.S.C. s. 501(c)(3),(4),(7),(8),(10),
 6  or (19), (charitable organizations) must comply with all
    applicable provisions of ch. 496, F.S.  The CS deletes this
 7  requirement from s. 849.0935(2), F.S.

 8  The CS deletes the exemption for community associations or
    local chambers of commerce in s. 849.0935(2)(b), F.S.  It
 9  amends the exemption in s. 849.0935(2), F.S., to apply to
    organizations as defined in this section.  It also amends s.
10  849.0935(2),F.S. to delete provisions in current law that are
    relevant to charitable organizations in order to conform the
11  provision to the broader exemption in the CS.

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