Senate Bill 0674

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    Florida Senate - 1998                                   SB 674

    By Senator Latvala





    19-277-98

  1                      A bill to be entitled

  2         An act relating to bingo; amending s. 849.0931,

  3         F.S.; revising provisions which regulate the

  4         conduct of bingo; providing findings and

  5         intent; providing definitions; providing for

  6         administration and enforcement by the Division

  7         of Pari-mutuel Wagering and county sheriffs and

  8         municipal police; providing powers and duties

  9         of the division; requiring an annual report;

10         providing requirements for the conduct of bingo

11         by charitable organizations, associational

12         organizations, and authorized organizations;

13         requiring such organizations to obtain a

14         license or certificate; providing an exception;

15         requiring lessors of premises for the conduct

16         of bingo to be licensed; providing requirements

17         relating to such lessors; providing application

18         requirements for licenses and certificates;

19         providing for fees; providing for processing of

20         applications by the division; specifying

21         license and certificate time periods; providing

22         conditions under which licenses or certificates

23         may be suspended or revoked; providing

24         restrictions on use of the proceeds; providing

25         requirements for deposit of proceeds; requiring

26         reports; providing minimum standards for the

27         conduct of bingo; providing for administrative

28         fines and criminal penalties; specifying that

29         the act does not prevent any county from

30         adopting the same or stricter regulations;

31         providing an effective date.

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

  2

  3         Section 1.  Section 849.0931, Florida Statutes, is

  4  amended to read:

  5         (Substantial rewording of section.  See

  6         s. 849.0931, F.S., for present text.)

  7         849.0931  Conduct of bingo.--

  8         (1)  SHORT TITLE.--This section may be cited as the

  9  "Bingo Law."

10         (2)  FINDINGS AND INTENT.--

11         (a)  The Legislature declares that the playing of

12  bingo, although gambling, for the purpose of raising funds by

13  certain nonprofit associations, veterans' organizations, or

14  other charitable organizations, is in the public interest.

15         (b)  It is the policy of the Legislature that all

16  phases of the licensing, operation, and regulation of the game

17  of bingo be strictly controlled, and that all laws and

18  regulations with respect thereto, as well as all gambling

19  laws, should be strictly construed and rigidly enforced.

20         (c)  The Legislature recognizes the possibility of

21  association between commercial gambling and organized crime,

22  and wishes to discourage commercialization of the game of

23  bingo, prevent participation by organized crime, and prevent

24  the diversion of funds from the purposes authorized by this

25  section.

26         (3)  DEFINITIONS.--As used in this section, unless the

27  context clearly indicates otherwise:

28         (a)  "Actual business expenses" means those expenses

29  that have a direct bearing on and are necessary to the conduct

30  of a bingo game and related activities, the allocation of

31  which shall be in accordance with generally accepted

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  1  accounting practices.  For an organization conducting bingo on

  2  premises owned by the organization, the term includes

  3  equipment and supplies; accounting services for records and

  4  reports; state and local license fees; advertising; cost of

  5  security personnel; pro rata costs for insurance and

  6  utilities, such as electricity, water, gas, sewer, and garbage

  7  and trash collection, resulting from conducting a bingo game;

  8  cost of refreshments provided at no cost to players and

  9  volunteers; cost of prizes; and cost of creating and

10  maintaining a petty cash fund no larger than $50.  For an

11  organization conducting bingo on premises not owned by the

12  organization, the term includes equipment and supplies; state

13  and local license fees; accounting services for records and

14  reports; advertising; cost of security personnel; pro rata

15  costs for insurance and utilities, such as water, sewer, gas,

16  garbage and trash collection, and electricity, resulting from

17  conducting a bingo game; cost of prizes; cost of refreshments

18  provided at no cost to players and volunteers; cost of

19  creating and maintaining a petty cash fund no larger than $50;

20  and rental charges, so long as the rental charges do not

21  exceed the fair market rental charged for similar premises in

22  the county where incurred.

23         (b)  "Associational organization" means a condominium

24  association, a cooperative association, a mobile homeowners'

25  association or a group of residents of a mobile home park as

26  defined by chapter 723, or a group of residents of a mobile

27  home park or recreational vehicle park as defined by chapter

28  513.

29         (c)  "Authorized organization" means an organization,

30  other than a charitable organization, that is exempt from

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  1  federal income tax under s. 501(c) of the Internal Revenue

  2  Code of 1986, as amended.

  3         (d)  "Bingo" or "bingo game" means a game in which each

  4  participant pays a sum of money for the use of one or more

  5  bingo cards.  When the game commences, numbers are drawn by

  6  chance, shown, and announced.  The players cover or mark each

  7  number on the bingo cards which each player has purchased

  8  until a player receives a given order of numbers in sequence

  9  that has been announced for that game.  The player calls

10  "bingo" and is declared the winner of a predetermined prize.

11  More than one game may be played upon a bingo card, and the

12  numbers called for one game may be used for a succeeding game

13  or games.

14         (e)  "Bingo card" means the flat, usually rectangular,

15  piece of paper or thin pasteboard marked off into a set of 25

16  squares arranged in five vertical rows of five squares each,

17  having no fewer than 24 numbers, letters, or combinations of

18  numbers and letters, and includes a piece of paper or

19  cardboard marked in braille.  More than one set of bingo

20  numbers maybe printed on a single sheet of paper.

21         (f)  "Bingo equipment" includes bingo cards, chips, or

22  markers, for use in covering the spaces on a bingo card; the

23  balls, cubes, or tiles having the letters, numbers, or

24  combinations thereof by which the squares on bingo cards are

25  denominated and used by the organization in conducting a bingo

26  game; a birdcage or similar device, whether hand operated or

27  mechanically powered, for randomizing and ejecting such balls,

28  cubes, or tiles; a master bingo layout for the display of

29  balls, cubes, or tiles ejected and called by the

30  organization's representative; or any other device, implement,

31  apparatus, or paraphernalia ordinarily or commonly used or

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  1  designed to be used in the conduct of bingo; but does not

  2  include tables, chairs, and similar items not specifically

  3  designed for use in the conduct of bingo.

  4         (g)  "Charitable organization" means a nonprofit or

  5  veterans' organization that has qualified for exemption from

  6  federal income tax as an exempt organization under s. 501(c)

  7  of the Internal Revenue Code of 1954 or s. 528 of the Internal

  8  Revenue Code of 1986, as amended, and that is established for

  9  any benevolent, educational, philanthropic, humane,

10  scientific, artistic, patriotic, social welfare or advocacy,

11  public health, environmental conservation, civic, or other

12  eleemosynary purpose, and that has been in existence and

13  active for a period of 3 years or more.  It includes a

14  chapter, branch, area office, or similar entity performing

15  functions of the organization within the state for a

16  charitable organization which has its principal place of

17  business outside the state.

18         (h)  "Charitable purpose" means any benevolent,

19  educational, philanthropic, humane, scientific, artistic,

20  patriotic, social welfare or advocacy, public health,

21  environmental conservation, civic, or other eleemosynary

22  purpose.

23         (i)  "Conviction" or "convicted" includes an

24  adjudication of guilt or plea of guilty or nolo contendere or

25  the forfeiture of a bond, when a person has been charged with

26  a violation involving a theft or illegal gambling or with a

27  felony.

28         (j)  "Division" means the Division of Pari-mutuel

29  Wagering of the Department of Business and Professional

30  Regulation.

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  1         (k)  "Entire or net proceeds" means all moneys

  2  collected in exchange for the purpose of use of bingo cards,

  3  admissions, and related sales, less only actual business

  4  expenses.

  5         (l)  "Lease" includes a lease, sublease, assignment,

  6  rental, or agreement to use any premises for the conduct of

  7  bingo, other than premises owned by an organization and used

  8  by it to conduct bingo for its own benefit.

  9         (m)  "Lessor" means a person or organization that

10  leases, subleases, assigns, or rents any premises to be used

11  for the conduct of bingo or agrees to the use of the premises

12  for the conduct of bingo.

13         (n)  "Objects" means a set of 75 balls or other

14  precision shapes that are imprinted with letters and numbers

15  in such a way that numbers 1 through 15 are marked with the

16  letter "B," numbers 16 through 30 are marked with the letter

17  "I," numbers 31 through 45 are marked with the letter "N,"

18  numbers 46 through 60 are marked with the letter "G," and

19  numbers 61 through 75 are marked with the letter "O."

20         (o)  "Organization" means a charitable organization,

21  authorized organization, or associational organization.

22         (p)  "Owner" means the organization which holds legal

23  title to the premises on which a bingo game or a series of

24  bingo games is played.

25         (q)  "Player" means a person who has paid some amount

26  of money for one or more bingo cards and who has some

27  expectation of receiving a prize if one or more of his or her

28  bingo cards contains a sufficient number of numbers, letters,

29  or combination of letters and numbers which are the same as

30  those announced by the caller during a bingo game.

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  1         (r)  "Premises" means an indoor or outdoor area used

  2  for the conduct of bingo.

  3         (s)  "Principal officers" means the president, vice

  4  president, or treasurer, or partner or limited partner, or

  5  organization officers performing similar duties.

  6         (t)  "Prize" means cash or anything of value awarded to

  7  a player of a bingo game or players in a series of bingo

  8  games.  A prize that is "predetermined" means a sum of money

  9  that was determined before the bingo session, which sum is to

10  be made available to a bingo winner during the session.

11         (u)  "Rack" means the container in which the objects

12  are placed after being drawn and announced.

13         (v)  "Receptacle" means the container from which the

14  objects are drawn or ejected.

15         (w)  "Session" means a single continuous sitting or

16  period of sitting of players assembled in any day or part of a

17  day.

18         (x)  "Volunteer" means any individual who qualifies for

19  and has been granted membership in an organization and has

20  been a member for 3 months or more.

21         (4)  ADMINISTRATION AND ENFORCEMENT.--Responsibility

22  for administration and enforcement of this section is vested

23  in the division.  Responsibility for enforcement also is

24  vested in the sheriff of each individual county and the police

25  of each municipality.

26         (5)  POWERS AND DUTIES.--

27         (a)  The division shall have power to regulate the

28  bingo industry under this section and the rules adopted

29  pursuant thereto.

30         (b)  The division shall require an oath on all

31  applications and financial reporting documents, which oath

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  1  must state that the information contained in the document is

  2  true and complete.

  3         (c)  The division may conduct investigations in

  4  administering and enforcing this section.

  5         (d)  The division shall make an annual report to the

  6  Governor showing its own actions, the practical effect of the

  7  application of this section, and any suggestions it may

  8  propose for the more effective accomplishment of the purpose

  9  of this section.

10         (6)  CONDUCT OF BINGO; LICENSE OR CERTIFICATE REQUIRED;

11  OTHER REQUIREMENTS.--

12         (a)  Bingo may only be conducted as provided in this

13  section.

14         (b)  It is unlawful for any organization, other than an

15  associational organization conducting a bingo game pursuant to

16  subsection (16), to conduct a bingo game unless the

17  organization holds a current license or certificate, which

18  license or certificate shall not be under suspension or

19  permanently or conditionally revoked.  If the organization has

20  an annual average of 50 or more players per session, it must

21  obtain a license as provided in this section.  If the

22  organization has an annual average of fewer than 50 players

23  per session it must obtain a certificate as provided in this

24  section.

25         (c)  No organization shall serve as a sponsor of a

26  bingo game conducted by another or allow the use of its name

27  by any other person for the conduct of bingo.

28         (d)  The members, volunteers, and any other persons

29  involved in or assisting with the conduct of any bingo game

30  shall have been active members of the organization for a

31  period of at least 3 months prior to appointment or

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  1  designation to conduct bingo, and proof of the length of

  2  membership shall be furnished by the organization upon demand

  3  by the division.  Possession by the member or volunteer or

  4  other person of a valid identification or membership card

  5  issued by the organization containing the date of active

  6  membership and full name of the person to whom it is issued is

  7  required.  Each volunteer must reside in the county where the

  8  bingo game is conducted, or within a 15-mile radius of where

  9  the bingo game is located.

10         (e)  No salary, compensation, tip, or reward in any

11  form whatsoever shall be offered, paid, or given before,

12  during, or after, directly or indirectly, to any person

13  conducting or assisting in the conduct of bingo.

14         (f)  No bingo caller shall play bingo during any bingo

15  session where the caller functions in that capacity, and no

16  volunteer who is designated to function as the bingo caller

17  shall play bingo in that session.

18         (g)  A volunteer may assist in the conduct of bingo for

19  no more than two organizations.

20         (7)  LESSORS; LICENSE REQUIRED; OTHER REQUIREMENTS.--

21         (a)  It is unlawful for a person to lease, sublease,

22  assign, or rent any premises for the conduct of bingo or agree

23  to the use of any premises for the conduct of bingo, unless

24  that person has a current license under this section, which

25  license is not under suspension or permanently or

26  conditionally revoked.

27         (b)  No lessor and no officer, director, stockholder,

28  employee, or any other person having an interest in the lessor

29  shall conduct, assist, or participate in the conduct of bingo

30  or render any service or offer, distribute, or give anything

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  1  of value to anyone conducting, assisting, or participating in

  2  the conduct of bingo.

  3         (c)  A lessor shall have the same deposit and

  4  recordkeeping requirements with respect to all rental charges

  5  collected from organizations that conduct bingo on his or her

  6  premises as are imposed on organizations by this section.

  7         (8)  LICENSE OR CERTIFICATE APPLICATION; FEE;

  8  CONTENTS.--A lessor or organization desiring to obtain a

  9  license or certificate to conduct bingo or to lease property

10  where bingo may be played shall file an application and

11  execute an oath.  Each application shall be accompanied by a

12  nonrefundable fee of $150.  The application shall contain at

13  least the following information:

14         (a)  If the applicant is an individual, the

15  individual's full name, date of birth, any aliases, current

16  residence address, and social security number.

17         (b)  If the applicant is an unincorporated

18  organization, its full name, any fictitious name filing, and

19  the names, dates of birth, social security numbers, and

20  residence addresses of its principal officers.

21         (c)  If the applicant is a corporation, the exact

22  corporate name and state or states of incorporation, and the

23  name, date of birth, social security number, and residence

24  address of each officer and member of the board of directors.

25         (d)  If any individual listed in paragraph (a),

26  paragraph (b), or paragraph (c) is a naturalized citizen, the

27  date and place of naturalization.

28         (e)  Whether the applicant has any other license or

29  certificate issued by any other county, state, or other

30  jurisdiction, including whether or not such license or

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  1  certificate has been revoked or suspended, and the date any

  2  revocation or suspension took place.

  3         (f)  The name of each bank in which the net proceeds

  4  from the conduct of bingo, or fees or rent from the lease of

  5  any premises for the conduct of bingo, are to be deposited.

  6         (g)  The days of the week on which bingo games are to

  7  be conducted or premises rented or used to conduct bingo.

  8         (h)  The street address and ownership of the premises

  9  for which the license is sought, if applicable.

10         (i)  A form authorizing the division to inspect all

11  books or records of the applicant within 24 hours of any bingo

12  game.

13         (j)  Copies of all leases, subleases, or use agreements

14  to be used by any lessor.

15         (k)  A notarized statement certifying that all

16  information contained in the application and any submittals or

17  attachments thereto are true and that the applicant

18  understands that any misstatement of material fact in the

19  application will result in denial of the application.

20         (9)  PROCESSING APPLICATIONS.--Upon receipt of a

21  properly completed and filed application for a license or

22  certificate as required by this section and upon payment of

23  the application fee, the division shall perform an

24  investigation to determine the eligibility of the applicant to

25  be issued a license or certificate.  Within 7 days following

26  completion of the investigation, the division shall determine

27  if the applicant is qualified.  If the division determines the

28  applicant is qualified, it shall issue the license or

29  certificate.  If the division determines that corrective or

30  remedial action by the applicant is necessary to qualify for a

31  license or certificate, the division shall notify the

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  1  applicant and afford the applicant 14 days in which to

  2  accomplish such corrective or remedial steps.  If the

  3  application is denied, the division shall notify the

  4  applicant, and the applicant shall have the right to appeal

  5  such denial pursuant to chapter 120.

  6         (10)  LICENSE AND CERTIFICATE TIME PERIODS.--

  7         (a)  All licenses issued under this section shall

  8  expire on September 30 of each year.  Renewal of a license

  9  shall involve the same process that was undertaken to obtain a

10  license.

11         (b)  All certificates issued under this section shall

12  be valid for a period of 2 years and shall expire on September

13  30 of the second year.  Renewal of a certificate shall involve

14  the same process that was undertaken to obtain the

15  certificate.

16         (11)  SUSPENSION OR REVOCATION.--

17         (a)  The division is authorized to suspend or revoke a

18  license or certificate issued under this section when it is

19  determined, after hearing, that:

20         1.  An organization or lessor has been convicted of

21  violating this section.

22         2.  An organization or its principal officers,

23  servants, employees, members, or volunteers, while conducting

24  or assisting in the conduct of a bingo game, gave, offered, or

25  distributed any service or thing of value to encourage or

26  entice participation in the play of any bingo game.

27         3.  An organization or lessor offered, paid, or gave

28  any salary, compensation, tip, or reward in any form

29  whatsoever, directly or indirectly, to any person or volunteer

30  conducting or assisting in the conduct of bingo.

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  1         4.  An organization or lessor failed to keep the

  2  records or make the deposits required by this section, or

  3  refused to make its records available for inspection.

  4         5.  A lessor made his or her premises available for the

  5  conduct of bingo in a manner that was not strictly in accord

  6  with this section and any rules adopted thereunder.

  7         6.  An organization or lessor or any agent or employee

  8  thereof has violated any provision of this section or any rule

  9  adopted thereunder.

10         (b)  The division shall establish a hearing procedure

11  by rule to govern the suspension or revocation of any license

12  or certificate granted under this section.

13         (c)  Any order of suspension or revocation shall be

14  subject to appeal as provided in chapter 120.

15         (12)  PROCEEDS; USE; DEPOSIT; RECORDS AND REPORTS.--

16         (a)  Proceeds derived from the conduct of bingo by an

17  organization, less actual business expenses, including those

18  sums paid out as prizes, may only be used for those charitable

19  purposes which the organization was created to accomplish.

20         (b)  The entire proceeds derived from the conduct of

21  bingo by an organization shall be deposited either at the

22  conclusion of each day of play or within 24 hours of play in a

23  checking account in a bank located within the county where the

24  organization is located.  Such account shall be maintained

25  separate and apart from all other accounts of the

26  organization, and shall not be used for the deposit of funds

27  received from any other activity.  Two of the principal

28  officers of the organization shall be required to sign all

29  checks, drafts, and other instruments withdrawing or

30  transferring funds from the account.

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  1         (c)  Annually, or more frequently if the division

  2  requires, each organization shall file with the division a

  3  financial statement, on a form prescribed by the division,

  4  which shall at least contain the sources and the amount of

  5  gross revenue derived by the organization from the conduct of

  6  bingo during the period for which the statement is being

  7  filed.  The statement shall be certified as correct by a

  8  principal officer or one who controls the organization.  The

  9  statement need not be audited.

10         (13)  CONDUCT OF BINGO; STANDARDS.--The division shall

11  adopt rules providing for the conduct of bingo, including the

12  time, manner, and equipment that may be used, except that such

13  rules shall include the following standards:

14         (a)  Bingo shall not be conducted between the hours of

15  12 midnight and 9 a.m.

16         (b)  No organization may conduct bingo more than 2 days

17  during any calendar week.  In any one location, only one

18  session may be conducted by any organization in any 24-hour

19  period.

20         (c)  No jackpot shall exceed the value of $250 in

21  actual money or its equivalent, and there shall be no more

22  than three jackpots in any session.  All other game prizes

23  shall not exceed $50.

24         (d)  All winners shall be determined and all prizes

25  shall be awarded within the session during which the game is

26  played.

27         (e)  Use of a computerized bingo card or use of a

28  computer to conduct a bingo game in any way is prohibited.

29         (f)  No supplier of merchandise and no person who has

30  been convicted of a felony or a violation of this section

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  1  shall have a pecuniary interest in the operation or proceeds

  2  of a bingo game.

  3         (g)  No one under 18 years of age shall be allowed in

  4  any place where bingo is being played.

  5         (h)  In determining a winner, the caller shall ask

  6  whether there are other winners.  If there is no reply, the

  7  caller shall declare the game closed.  No other player shall

  8  share in any prize unless such player has declared a bingo

  9  prior to the game being closed.

10         (i)  Seats at a bingo session may not be held or

11  reserved by any organization or person involved in the conduct

12  of any bingo game for players not present, nor may cards be

13  set aside, held, or reserved from one session to another for

14  any player.

15         (j)  Prior to the commencement of any session the

16  member in charge shall cause a verification to be made of all

17  objects to be placed in receptacles and shall inspect the

18  objects in the presence of a disinterested person to ensure

19  that all objects are present and that there are no duplicates

20  or omissions on the objects.  Any player shall be entitled to

21  call for a verification of numbers before, during, and after a

22  session.

23         (k)  The card or sheet on which a game is played shall

24  be part of a deck, group, or series, no two of which may be

25  alike in a given game.

26         (l)  All numbers shall be visibly displayed after being

27  drawn and before being placed in the rack.

28         (m)  A bona fide bingo shall consist of a predesignated

29  arrangement of numbers on a card or sheet that correspond with

30  the numbers on the objects drawn from the receptacle and

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  1  announced.  Errors in the numbers announced or misplaced in

  2  the rack may not be recognized as a bingo.

  3         (n)  When the caller has started to announce a number,

  4  he or she shall complete the call.  If any player has obtained

  5  a bingo on a previous number, such player will share the prize

  6  with the player who gained a bingo on the last number called.

  7         (o)  The numbers on the winning card or sheet shall be

  8  announced and verified in the presence of another player.  Any

  9  player shall be entitled, at the time a winner is determined,

10  to call for a verification of numbers drawn.  The verification

11  shall be in the presence of the member designated to be in

12  charge of the occasion or if such person is also the caller,

13  then in the presence of an officer of the organization.

14         (14)  FINES AND PENALTIES.--

15         (a)  The division may impose an administrative fine for

16  a violation of this section of not more than $1,000 for each

17  separate offense, and may suspend or revoke any license or

18  certificate for violation of this section.

19         (b)  Any person who knowingly and willfully violates

20  any provision of this section commits a misdemeanor of the

21  first degree, punishable as provided in s. 775.082 or s.

22  775.083.  For a second or subsequent offense, such person

23  commits a felony of the third degree, punishable as provided

24  in s. 775.082, s. 775.083, or s. 775.084.

25         (15)  NO PREEMPTION.--This section does not preempt or

26  prevent any county from adopting an ordinance with the same or

27  stricter regulations.  Any county that has such an ordinance

28  in effect on the effective date of this section shall be

29  entitled to continue under that ordinance, there being no

30  intent to preempt or repeal such ordinances by adoption of

31  this section.

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






    Florida Senate - 1998                                   SB 674
    19-277-98




  1         (16)  CONDUCT OF BINGO; ASSOCIATIONAL ORGANIZATION.--An

  2  associational organization may conduct bingo, exempt from the

  3  provisions of this section and any local ordinance,

  4  conditioned upon the return of the net proceeds from such

  5  games to players in the form of prizes, after having deducted

  6  the actual business expenses for such games for articles

  7  designed for and essential to the operation, conduct, and

  8  playing of bingo. Any net proceeds remaining after paying

  9  prizes may be donated by the association to a charitable,

10  nonprofit, or veterans' organization that is exempt from

11  federal income tax under the provisions of s. 501(c) of the

12  Internal Revenue Code, to be used in the recipient

13  organization's charitable, civic, community, benevolent,

14  religious, or scholastic works on similar activities.

15         Section 2.  This act shall take effect October 1, 1998.

16

17            *****************************************

18                       LEGISLATIVE SUMMARY

19    Revises provisions which regulate the conduct of bingo.
      Provides for administration and enforcement by the
20    Division of Pari-mutuel Wagering and county sheriffs and
      municipal police.  Provides powers and duties of the
21    division.  Provides requirements for the conduct of bingo
      by charitable organizations, associational organizations,
22    and authorized organizations.  Requires such
      organizations to obtain a license or certificate.
23    Provides that an associational organization may conduct
      bingo under certain conditions and not be required to
24    obtain a license or to comply with other provisions of
      the act. Requires lessors of premises for the conduct of
25    bingo to be licensed and provides requirements relating
      to such lessors.  Provides application requirements for
26    licenses and certificates and provides for fees.
      Provides for processing of applications by the division.
27    Specifies license and certificate time periods.  Provides
      conditions under which licenses or certificates may be
28    suspended or revoked.  Provides restrictions on use of
      the proceeds.  Provides requirements for deposit of
29    proceeds.  Requires reports.  Provides minimum standards
      for the conduct of bingo.  Provides for administrative
30    fines and criminal penalties.  Specifies that the act
      does not prevent any county from adopting the same or
31    stricter regulations.

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