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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CODING: Words stricken are deletions; words underlined are additions.
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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