HB 0893

1
A bill to be entitled
2An act relating to drawings by chance; amending s.
3849.0935, F.S.; redefining the term "organization" to
4include homeowners' associations, certain other
5associations, and local chambers of commerce among those
6allowed to conduct drawings by chance; defining the term
7"charitable purpose" as applied to permissible uses of the
8proceeds from such drawings; providing restrictions upon
9the construction of s. 849.09, F.S., relating to
10prohibitions against lotteries and exceptions from such
11prohibitions; providing an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Paragraph (b) of subsection (1) and subsection
16(2) of section 849.0935, Florida Statutes, are amended, and
17paragraph (c) is added to subsection (1) of said section, to
18read:
19     849.0935  Charitable, nonprofit organizations; drawings by
20chance; required disclosures; unlawful acts and practices;
21penalties.--
22     (1)  As used in this section, the term:
23     (b)  "Organization" means:
24     1.  An organization that which is exempt from federal
25income taxation pursuant to 26 U.S.C. s. 501(c)(3), (4), (7),
26(8), (10), or (19), and that which has a current determination
27letter from the Internal Revenue Service, and its bona fide
28members or officers;.
29     2.  A homeowners' association or association as defined in
30chapter 718, chapter 719, chapter 720, or chapter 723, if the
31proceeds from the drawing are used for a charitable purpose or a
32community benefit; or
33     3.  A local chamber of commerce, if the proceeds from the
34drawing are used for a charitable purpose or a community
35benefit.
36     (c)  "Charitable purpose" means any benevolent,
37philanthropic, patriotic, educational, humane, scientific,
38artistic, public health, social welfare or advocacy,
39environmental conservation, civic, or other eleemosynary
40objective.
41     (2)(a)  Section The provisions of s. 849.09 may shall not
42be construed to prohibit an organization qualified under 26
43U.S.C. s. 501(c)(3), (4), (7), (8), (10), or (19) from
44conducting drawings by chance pursuant to the authority granted
45by this section, provided the organization has complied with all
46applicable provisions of chapter 496.
47     (b)  Section 849.09 may not be construed to prohibit a
48homeowners' association or a local chamber of commerce from
49conducting drawings by chance pursuant to the authority granted
50under this section.
51     Section 2.  This act shall take effect July 1, 2005.


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