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 thatwhichis 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.