House Bill hb1589
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Florida House of Representatives - 2001 HB 1589
By Representative Ross
1 A bill to be entitled
2 An act relating to instant bingo games;
3 amending s. 849.0931, F.S.; redefining the term
4 "bingo game"; authorizing the conduct of
5 instant bingo games by certain organizations;
6 providing a definition, prize limitations, and
7 rules for operation; providing an effective
8 date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Section 849.0931, Florida Statutes, is
13 amended to read:
14 849.0931 Bingo authorized; conditions for conduct;
15 permitted uses of proceeds; limitations.--
16 (1) As used in this section:
17 (a) "Bingo game" means and refers to the activity,
18 commonly known as "bingo," or "instant bingo," in which
19 participants pay a sum of money for the use of one or more
20 bingo cards or instant bingo tickets. When the game
21 commences, numbers are drawn by chance, one by one, and
22 announced. The players cover or mark those numbers on the
23 bingo cards which they have purchased until a player receives
24 a given order of numbers in sequence that has been
25 preannounced for that particular game. This player calls out
26 "bingo" and is declared the winner of a predetermined prize.
27 More than one game may be played upon a bingo card, and
28 numbers called for one game may be used for a succeeding game
29 or games. Instant bingo is played with tickets which provide a
30 player an opportunity to win a prize by opening, detaching, or
31 otherwise removing a cover from the ticket to reveal a set of
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1 numbers, letters, objects, or patterns, or any combination
2 thereof, some of which have been designated in some way as a
3 prize winner. A "package" of instant bingo tickets means a
4 separate set or package of not more than 4,000 instant bingo
5 tickets in which the predetermined minimum prize payout is at
6 least 65 percent of total receipts if the package is
7 completely used.
8 (b) "Bingo card" means and refers to the flat piece of
9 paper or thin pasteboard employed by players engaged in the
10 game of bingo. The bingo card shall have not fewer than 24
11 playing numbers printed on it. These playing numbers shall
12 range from 1 through 75, inclusive. More than one set of
13 bingo numbers may be printed on any single piece of paper.
14 (c) "Charitable, nonprofit, or veterans' organization"
15 means an organization which has qualified for exemption from
16 federal income tax as an exempt organization under the
17 provisions of s. 501(c) of the Internal Revenue Code of 1954
18 or s. 528 of the Internal Revenue Code of 1986, as amended;
19 which is engaged in charitable, civic, community, benevolent,
20 religious, or scholastic works or other similar activities;
21 and which has been in existence and active for a period of 3
22 years or more.
23 (d) "Objects" means a set of 75 balls or other
24 precision shapes that are imprinted with letters and numbers
25 in such a way that numbers 1 through 15 are marked with the
26 letter "B," numbers 16 through 30 are marked with the letter
27 "I," numbers 31 through 45 are marked with the letter "N,"
28 numbers 46 through 60 are marked with the letter "G," and
29 numbers 61 through 75 are marked with the letter "O."
30 (e) "Rack" means the container in which the objects
31 are placed after being drawn and announced.
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1 (f) "Receptacle" means the container from which the
2 objects are drawn or ejected.
3 (g) "Session" means a designated set of games played
4 in a day or part of a day.
5 (2)(a) None of the provisions of this chapter shall be
6 construed to prohibit or prevent charitable, nonprofit, or
7 veterans' organizations engaged in charitable, civic,
8 community, benevolent, religious, or scholastic works or other
9 similar endeavors, which organizations have been in existence
10 and active for a period of 3 years or more, from conducting
11 bingo games, provided the entire proceeds derived from the
12 conduct of such games, less actual business expenses for
13 articles designed for and essential to the operation, conduct,
14 and playing of bingo, are donated by such organizations to the
15 endeavors mentioned above. In no case may the net proceeds
16 from the conduct of such games be used for any other purpose
17 whatsoever. The proceeds derived from the conduct of bingo
18 games shall not be considered solicitation of public
19 donations.
20 (b) It is the express intent of the Legislature that
21 no charitable, nonprofit, or veterans' organization serve as a
22 sponsor of a bingo game conducted by another, but such
23 organization may only be directly involved in the conduct of
24 such a game as provided in this act.
25 (3) If an organization is not engaged in efforts of
26 the type set out above, its right to conduct bingo games
27 hereunder is conditioned upon the return of all the proceeds
28 from such games to the players in the form of prizes. If at
29 the conclusion of play on any day during which a bingo game is
30 allowed to be played under this section there remain proceeds
31 which have not been paid out as prizes, the organization
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1 conducting the game shall at the next scheduled day of play
2 conduct bingo games without any charge to the players and
3 shall continue to do so until the proceeds carried over from
4 the previous days played have been exhausted. This provision
5 in no way extends the limitation on the number of prize or
6 jackpot games allowed in one day as provided for in subsection
7 (5).
8 (4) The right of a condominium association, a
9 cooperative association, a homeowners' association as defined
10 in s. 702.301, a mobile home owners' association, a group of
11 residents of a mobile home park as defined in chapter 723, or
12 a group of residents of a mobile home park or recreational
13 vehicle park as defined in chapter 513 to conduct bingo is
14 conditioned upon the return of the net proceeds from such
15 games to players in the form of prizes after having deducted
16 the actual business expenses for such games for articles
17 designed for and essential to the operation, conduct, and
18 playing of bingo. Any net proceeds remaining after paying
19 prizes may be donated by the association to a charitable,
20 nonprofit, or veterans' organization which is exempt from
21 federal income tax under the provisions of s. 501(c) of the
22 Internal Revenue Code to be used in such recipient
23 organization's charitable, civic, community, benevolent,
24 religious, or scholastic works or similar activities or, in
25 the alternative, such remaining proceeds shall be used as
26 specified in subsection (3).
27 (5) No jackpot shall exceed the value of $250 in
28 actual money or its equivalent, and there shall be no more
29 than three jackpots in any one session of bingo. Prizes
30 awarded for instant bingo shall not be subject to the
31 foregoing limitations. Prizes awarded for instant bingo shall
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1 be limited to the prizes displayed on the instant bingo
2 ticket.
3 (6) The number of days per week during which
4 organizations authorized hereunder may conduct bingo may not
5 exceed two. The number of days per week during which
6 organizations authorized hereunder may conduct instant bingo
7 is not limited.
8 (7) There shall be no more than three bingo jackpots
9 on any one day of play. All other game prizes shall not
10 exceed $50. Prizes awarded for instant bingo shall not be
11 subject to the foregoing limitations. Prizes awarded for
12 instant bingo shall be limited to the prizes displayed on the
13 instant bingo ticket.
14 (8) Each person involved in the conduct of any bingo
15 game must be a resident of the community where the
16 organization is located and a bona fide member of the
17 organization sponsoring such game and may not be compensated
18 in any way for operation of such bingo game. When bingo games
19 are conducted by a charitable, nonprofit, or veterans'
20 organization, the organization conducting the bingo games
21 shall be required to designate up to three members of that
22 organization to be in charge of the games, one of whom shall
23 be present during the entire session at which the bingo games
24 are conducted. The organization conducting the bingo games is
25 responsible for posting a notice, which notice states the name
26 of the organization and the designated member or members, in a
27 conspicuous place on the premises at which the session is
28 held. In no event may a caller in a bingo game be a
29 participant in that bingo game.
30 (9) Every charitable, nonprofit, or veterans'
31 organization involved in the conduct of a bingo game must be
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1 located in the county, or within a 15-mile radius of, where
2 the bingo game is located.
3 (10)(a) No one under 18 years of age shall be allowed
4 to play any bingo game or be involved in the conduct of a
5 bingo game in any way.
6 (b) Any organization conducting bingo open to the
7 public may refuse entry to any person who is objectionable or
8 undesirable to the sponsoring organization, but such refusal
9 of entry shall not be on the basis of race, creed, color,
10 religion, sex, national origin, marital status, or physical
11 handicap.
12 (11) Bingo games may be held only on the following
13 premises:
14 (a) Property owned by the charitable, nonprofit, or
15 veterans' organization.
16 (b) Property owned by the charitable, nonprofit, or
17 veterans' organization that will benefit by the proceeds.
18 (c) Property leased for a period of not less than 1
19 year by a charitable, nonprofit, or veterans' organization,
20 providing the lease or rental agreement does not provide for
21 the payment of a percentage of the proceeds generated at such
22 premises to the lessor or any other party and providing the
23 rental rate for such premises does not exceed the rental rates
24 charged for similar premises in the same locale.
25 (d) Property owned by a municipality or a county when
26 the governing authority has, by appropriate ordinance or
27 resolution, specifically authorized the use of such property
28 for the conduct of such games.
29 (e) With respect to bingo games conducted by a
30 condominium association, a cooperative association, a
31 homeowners' association as defined in s. 720.301, a mobile
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1 home owners' association, a group of residents of a mobile
2 home park as defined in chapter 723, or a group of residents
3 of a mobile home park or recreational vehicle park as defined
4 in chapter 513, property owned by the association, property
5 owned by the residents of the mobile home park or recreational
6 vehicle park, or property which is a common area located
7 within the condominium, mobile home park, or recreational
8 vehicle park.
9 (12) Each bingo game of bingo shall be conducted in
10 accordance with the following rules:
11 (a) The objects, whether drawn or ejected, shall be
12 essentially equal as to size, shape, weight, and balance and
13 as to all other characteristics that may control their
14 selection from the receptacle. The caller shall cancel any
15 game if, during the course of a game, the mechanism used in
16 the drawing or ejection of objects becomes jammed in such a
17 manner as to interfere with the accurate determination of the
18 next number to be announced or if the caller determines that
19 more than one object is labeled with the same number or that
20 there is a number to be drawn without a corresponding object.
21 Any player in a game canceled pursuant to this paragraph shall
22 be permitted to play the next game free of charge.
23 (b) Prior to commencement of any bingo session, the
24 member in charge shall cause a verification to be made of all
25 objects to be placed in the receptacle and shall inspect the
26 objects in the presence of a disinterested person to ensure
27 that all objects are present and that there are no
28 duplications or omissions of numbers on the objects. Any
29 player shall be entitled to call for a verification of numbers
30 before, during, and after a session.
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1 (c) The card or sheet on which the game is played
2 shall be part of a deck, group, or series, no two of which may
3 be alike in any given game.
4 (d) All numbers shall be visibly displayed after being
5 drawn and before being placed in the rack.
6 (e) A bona fide bingo shall consist of a predesignated
7 arrangement of numbers on a card or sheet that correspond with
8 the numbers on the objects drawn from the receptacle and
9 announced. Errors in numbers announced or misplaced in the
10 rack may not be recognized as a bingo.
11 (f) When a caller has started to vocally announce a
12 number, the caller shall complete the call. If any player has
13 obtained a bingo on a previous number, such player will share
14 the prize with the player who gained bingo on the last number
15 called.
16 (g) Numbers on the winning cards or sheets shall be
17 announced and verified in the presence of another player. Any
18 player shall be entitled at the time the winner is determined
19 to call for a verification of numbers drawn. The verification
20 shall be in the presence of the member designated to be in
21 charge of the occasion or, if such person is also the caller,
22 in the presence of an officer of the licensee.
23 (h) Upon determining a winner, the caller shall ask,
24 "Are there any other winners?" If no one replies, the caller
25 shall declare the game closed. No other player is entitled to
26 share the prize unless she or he has declared a bingo prior to
27 this announcement.
28 (i) Seats may not be held or reserved by an
29 organization or person involved in the conduct of any bingo
30 game for players not present, nor may any cards be set aside,
31 held, or reserved from one session to another for any player.
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1 (13) Each game of instant bingo shall be conducted in
2 accordance with the following rules:
3 (a) Instant bingo tickets shall be sold at the price
4 printed on the instant bingo ticket, which price shall not
5 exceed $1 per ticket. No discount may be given for the
6 purchase of more than one ticket. No instant bingo ticket may
7 be given free of charge.
8 (b) The set or sets of numbers, letters, objects,
9 patterns, or combinations thereof, which have been designated
10 in advance as prize winners for a package of instant bingo
11 tickets shall be posted prior to the sale of any instant bingo
12 tickets from that package.
13 (14)(13) Any organization or other person who
14 willfully and knowingly violates any provision of this section
15 is guilty of a misdemeanor of the first degree, punishable as
16 provided in s. 775.082 or s. 775.083. For a second or
17 subsequent offense, the organization or other person is guilty
18 of a felony of the third degree, punishable as provided in s.
19 775.082, s. 775.083, or s. 775.084.
20 Section 2. This act shall take effect July 1, 2001.
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23 HOUSE SUMMARY
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Authorizes those organizations that are authorized to
25 conduct bingo games to also conduct instant bingo games,
subject to different rules, including a different limit
26 on jackpots. See bill for details.
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