Senate Bill sb2290

    Florida Senate - 2007                                  SB 2290

    By Senator Constantine





    22-1801A-07

  1                      A bill to be entitled

  2         An act relating to drawings of chance; amending

  3         s. 849.0935, F.S.; exempting drawings in which

  4         the prize exceeds $100,000 from a prohibition

  5         against certain organizations requiring an

  6         entry fee to enter drawings; providing an

  7         effective date.

  8  

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

10  

11         Section 1.  Subsection (9) is added to section

12  849.0935, Florida Statutes, and subsection (4) of that section

13  is reenacted, to read:

14         849.0935  Charitable, nonprofit organizations; drawings

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

16  penalties.--

17         (4)  It is unlawful for any organization which,

18  pursuant to the authority granted by this section, promotes,

19  operates, or conducts a drawing by chance:

20         (a)  To design, engage in, promote, or conduct any

21  drawing in which the winner is predetermined by means of

22  matching, instant win, or preselected sweepstakes or otherwise

23  or in which the selection of the winners is in any way rigged;

24         (b)  To require an entry fee, donation, substantial

25  consideration, payment, proof of purchase, or contribution as

26  a condition of entering the drawing or of being selected to

27  win a prize. However, this provision shall not prohibit an

28  organization from suggesting a minimum donation or from

29  including a statement of such suggested minimum donation on

30  any printed material utilized in connection with the

31  fundraising event or drawing;

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






    Florida Senate - 2007                                  SB 2290
    22-1801A-07




 1         (c)  To condition the drawing on a minimum number of

 2  tickets having been disbursed to contributors or on a minimum

 3  amount of contributions having been received;

 4         (d)  To arbitrarily remove, disqualify, disallow, or

 5  reject any entry or to discriminate in any manner between

 6  entrants who gave contributions to the organization and those

 7  who did not give such contributions;

 8         (e)  To fail to promptly notify, at the address set

 9  forth on the entry blank, any person, whose entry is selected

10  to win, of the fact that he or she won;

11         (f)  To fail to award all prizes offered;

12         (g)  To print, publish, or circulate literature or

13  advertising material used in connection with the drawing which

14  is false, deceptive, or misleading;

15         (h)  To cancel a drawing; or

16         (i)  To condition the acquisition or giveaway of any

17  prize upon the receipt of voluntary donations or

18  contributions.

19         (9)  Paragraph (4)(b) does not apply to a drawing or

20  drawing by chance conducted by an organization if the value of

21  the prize exceeds $100,000.

22         Section 2.  This act shall take effect July 1, 2007.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Provides that a prohibition against requiring entry fees
      or specific other requirements to enter a drawing does
27    not apply to drawings in which the prize exceeds
      $100,000.
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29  

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31  

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