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