Florida Senate - 2015                                    SB 1382
       
       
        
       By Senator Evers
       
       
       
       
       
       2-00484A-15                                           20151382__
    1                        A bill to be entitled                      
    2         An act relating to charitable organizations and
    3         educational institutions that conduct drawings by
    4         chance; amending s. 849.0935, F.S.; defining the term
    5         “charitable organization”; providing an exemption for
    6         a charitable organization or educational institution
    7         if conducting a raffle that splits evenly the proceeds
    8         between the charitable organization or institution and
    9         the winner or if awarding a nonmonetary prize to the
   10         winner, with all proceeds accruing to the educational
   11         institution or charitable organization; amending s.
   12         496.404, F.S.; revising the definition of the term
   13         “solicitation”; providing that a charitable
   14         organization or an educational institution that
   15         conducts a specified raffle does not constitute a
   16         solicitation; amending s. 496.415, F.S.; providing
   17         that it is not unlawful for a charitable organization
   18         or an educational institution to provide a specified
   19         notification in certain circumstances; providing an
   20         effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 849.0935, Florida Statutes, is amended
   25  to read:
   26         849.0935 Charitable, nonprofit organizations; educational
   27  institutions; drawings by chance; required disclosures; unlawful
   28  acts and practices; penalties.—
   29         (1) As used in this section, the term:
   30         (a) “Drawing by chance,” “drawing,” or “raffle” means an
   31  enterprise in which, from the entries submitted by the public to
   32  the organization conducting the drawing, one or more entries are
   33  selected by chance to win a prize. The term “drawing” does not
   34  include those enterprises, commonly known as “game promotions,”
   35  as defined by s. 849.094, “matching,” “instant winner,” or
   36  “preselected sweepstakes,” which involve the distribution of
   37  winning numbers, previously designated as such, to the public.
   38         (b) “Organization” means an organization that which is
   39  exempt from federal income taxation pursuant to 26 U.S.C. s.
   40  501(c)(3), (4), (7), (8), (10), or (19), and which has a current
   41  determination letter from the Internal Revenue Service, and its
   42  bona fide members or officers.
   43         (c) “Charitable organization” means an organization, which
   44  is established for a benevolent, educational, philanthropic,
   45  humane, scientific, artistic, patriotic, social welfare or
   46  advocacy, public health, environmental conservation, civic, or
   47  other eleemosynary purpose, or an organization that in any
   48  manner employs a charitable appeal as the basis for any
   49  solicitation.
   50  
   51  The term includes a chapter, branch, area office, or similar
   52  affiliate soliciting contributions within the state for an
   53  organization that has its principal place of business outside
   54  the state.
   55         (2) Section 849.09 does not prohibit an organization from
   56  conducting drawings by chance pursuant to the authority granted
   57  by this section, if the organization has complied with all
   58  applicable provisions of chapter 496 and this section.
   59         (3) All brochures, advertisements, notices, tickets, or
   60  entry blanks used in connection with a drawing by chance shall
   61  conspicuously disclose:
   62         (a) The rules governing the conduct and operation of the
   63  drawing.
   64         (b) The full name of the organization and its principal
   65  place of business.
   66         (c) The source of the funds used to award cash prizes or to
   67  purchase prizes.
   68         (d) The date, hour, and place where the winner will be
   69  chosen and the prizes will be awarded, unless the brochures,
   70  advertisements, notices, tickets, or entry blanks are not
   71  offered to the public more than 3 days prior to the drawing.
   72         (e) That no purchase or contribution is necessary.
   73         (4) It is unlawful for any organization that, pursuant to
   74  the authority granted by this section, promotes, operates, or
   75  conducts a drawing by chance:
   76         (a) To design, engage in, promote, or conduct any drawing
   77  in which the winner is predetermined by means of matching,
   78  instant win, or preselected sweepstakes or otherwise or in which
   79  the selection of the winners is in any way rigged;
   80         (b) To require an entry fee, donation, substantial
   81  consideration, payment, proof of purchase, or contribution as a
   82  condition of entering the drawing or of being selected to win a
   83  prize. However, this paragraph does not prohibit an organization
   84  from suggesting a minimum donation or from including a statement
   85  of such suggested minimum donation on any printed material used
   86  in connection with the fundraising event or drawing;
   87         (c) To condition the drawing on a minimum number of tickets
   88  having been disbursed to contributors or on a minimum amount of
   89  contributions having been received;
   90         (d) To arbitrarily remove, disqualify, disallow, or reject
   91  any entry or to discriminate in any manner between entrants who
   92  gave contributions to the organization and those who did not
   93  give such contributions;
   94         (e) To fail to promptly notify, at the address set forth on
   95  the entry blank, any person whose entry is selected to win of
   96  the fact that he or she won;
   97         (f) To fail to award all prizes offered;
   98         (g) To print, publish, or circulate literature or
   99  advertising material used in connection with the drawing which
  100  is false, deceptive, or misleading;
  101         (h) To cancel a drawing; or
  102         (i) To condition the acquisition or giveaway of any prize
  103  upon the receipt of voluntary donations or contributions.
  104         (5) The organization conducting the drawing may limit the
  105  number of tickets distributed to each drawing entrant.
  106         (6) A violation of this section is a deceptive and unfair
  107  trade practice.
  108         (7) Any organization that engages in any act or practice in
  109  violation of this section commits a misdemeanor of the second
  110  degree, punishable as provided in s. 775.082 or s. 775.083. Any
  111  organization or other person who sells or offers for sale in
  112  this state a ticket or entry blank for a raffle or other drawing
  113  by chance, without complying with the requirements of paragraph
  114  (3)(d), commits a misdemeanor of the second degree, punishable
  115  by fine only as provided in s. 775.083.
  116         (8) This section does not apply to the state lottery
  117  operated pursuant to chapter 24.
  118         (9) An educational institution as defined in s. 496.404 or
  119  a charitable organization is exempt from complying with
  120  paragraph (3)(a) and paragraphs (4)(b)-(d) and (i) if conducting
  121  a raffle that:
  122         (a) Splits evenly the proceeds of the required entry fee,
  123  donation, substantial consideration, payment, or contribution
  124  between the educational institution or charitable organization
  125  and the winner; or
  126         (b) Awards a nonmonetary prize to the winner, with all
  127  proceeds from the required entry fee, donation, substantial
  128  consideration, payment, or contribution accruing to the
  129  educational institution or charitable organization.
  130         Section 2. Subsection (24) of section 496.404, Florida
  131  Statutes, is amended to read:
  132         496.404 Definitions.—As used in ss. 496.401-496.424, the
  133  term:
  134         (24) “Solicitation” means a request, directly or
  135  indirectly, for money, property, financial assistance, or any
  136  other thing of value on the plea or representation that such
  137  money, property, financial assistance, or other thing of value
  138  or a portion of it will be used for a charitable or sponsor
  139  purpose or will benefit a charitable organization or sponsor.
  140  The term includes, but is not limited to, the following methods
  141  of requesting or securing the promise, pledge, or grant of
  142  money, property, financial assistance, or any other thing of
  143  value:
  144         (a) Making any oral or written request;
  145         (b) Making any announcement to the press, on radio or
  146  television, by telephone or telegraph, or by any other
  147  communication device concerning an appeal or campaign by or for
  148  any charitable organization or sponsor or for any charitable or
  149  sponsor purpose;
  150         (c) Distributing, circulating, posting, or publishing any
  151  handbill, written advertisement, or other publication that
  152  directly or by implication seeks to obtain any contribution; or
  153         (d) Selling or offering or attempting to sell any
  154  advertisement, advertising space, book, card, coupon, chance,
  155  device, magazine, membership, merchandise, subscription,
  156  sponsorship, flower, admission, ticket, food, or other service
  157  or tangible good, item, or thing of value, or any right of any
  158  description in connection with which any appeal is made for any
  159  charitable organization or sponsor or charitable or sponsor
  160  purpose, or when the name of any charitable organization or
  161  sponsor is used or referred to in any such appeal as an
  162  inducement or reason for making the sale or when, in connection
  163  with the sale or offer or attempt to sell, any statement is made
  164  that all or part of the proceeds from the sale will be used for
  165  any charitable or sponsor purpose or will benefit any charitable
  166  organization or sponsor.
  167  
  168  A solicitation is considered as having taken place regardless of
  169  whether the person making the solicitation receives any
  170  contribution. A solicitation does not occur when a person
  171  applies for a grant or an award to the government or to an
  172  organization that is exempt from federal income taxation under
  173  s. 501(a) of the Internal Revenue Code and described in s.
  174  501(c) of the Internal Revenue Code and is duly registered with
  175  the department, or if a charitable organization or an
  176  educational institution conducts a raffle pursuant to s.
  177  849.0935(9).
  178         Section 3. Subsection (14) of section 496.415, Florida
  179  Statutes, is amended to read:
  180         496.415 Prohibited acts.—It is unlawful for any person in
  181  connection with the planning, conduct, or execution of any
  182  solicitation or charitable or sponsor sales promotion to:
  183         (14) Notify any other person by any means, as part of an
  184  advertising scheme or plan, that the other person has won a
  185  prize, received an award, or has been selected or is eligible to
  186  receive anything of value if the other person is required to
  187  purchase goods or services, pay any money to participate in, or
  188  submit to a promotion effort unless a charitable organization or
  189  an educational institution provides the notification as part of
  190  a raffle conducted pursuant to s. 849.0935(9).
  191         Section 4. This act shall take effect July 1, 2015.