Senate Bill sb0182c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                     CS for CS for SB 182

    By the Committees on Finance and Taxation; Criminal Justice;
    and Senator Silver




    314-1872-02

  1                      A bill to be entitled

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

  3         F.S.; defining the terms "instant bingo" and

  4         "deal"; providing rules for the operation of

  5         instant bingo games; providing penalties;

  6         providing an effective date.

  7

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

  9

10         Section 1.  Subsections (1), (2), (5), (7), (8), (9),

11  (10), and (11) of section 849.0931, Florida Statutes, are

12  amended, present subsection (13) of that section is renumbered

13  as subsection (14), and a new subsection (13) is added to that

14  section, to read:

15         849.0931  Bingo authorized; conditions for conduct;

16  permitted uses of proceeds; limitations.--

17         (1)  As used in this section:

18         (a)  "Bingo game" means and refers to the activity,

19  commonly known as "bingo," in which participants pay a sum of

20  money for the use of one or more bingo cards.  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.

30         (b)  "Bingo card" means and refers to the flat piece of

31  paper or thin pasteboard employed by players engaged in the

                                  1

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






    Florida Senate - 2002                     CS for CS for SB 182
    314-1872-02




  1  game of bingo.  The bingo card shall have not fewer than 24

  2  playing numbers printed on it.  These playing numbers shall

  3  range from 1 through 75, inclusive.  More than one set of

  4  bingo numbers may be printed on any single piece of paper.

  5         (c)  "Charitable, nonprofit, or veterans' organization"

  6  means an organization which has qualified for exemption from

  7  federal income tax as an exempt organization under the

  8  provisions of s. 501(c) of the Internal Revenue Code of 1954

  9  or s. 528 of the Internal Revenue Code of 1986, as amended;

10  which is engaged in charitable, civic, community, benevolent,

11  religious, or scholastic works or other similar activities;

12  and which has been in existence and active for a period of 3

13  years or more.

14         (d)  "Deal" means a separate set or package of not more

15  than 4,000 instant bingo tickets in which the predetermined

16  minimum prize payout is at least 65 percent of the total

17  receipts from the sale of the entire deal.

18         (e)  "Instant bingo" means a game that is played using

19  tickets by which a player wins a prize by opening and removing

20  a cover from the ticket to reveal a set of numbers, letters,

21  objects, or patterns, some of which have been predesignated in

22  advance as prize winners.

23         (f)(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         (g)(e)  "Rack" means the container in which the objects

31  are placed after being drawn and announced.

                                  2

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






    Florida Senate - 2002                     CS for CS for SB 182
    314-1872-02




  1         (h)(f)  "Receptacle" means the container from which the

  2  objects are drawn or ejected.

  3         (i)(g)  "Session" means a designated set of games

  4  played 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 or instant bingo, provided the entire proceeds

12  derived from the conduct of such games, less actual business

13  expenses for articles designed for and essential to the

14  operation, conduct, and playing of bingo or instant bingo, are

15  donated by such organizations to the endeavors mentioned

16  above. In no case may the net proceeds from the conduct of

17  such games be used for any other purpose whatsoever.  The

18  proceeds derived from the conduct of bingo games or instant

19  bingo shall not be considered solicitation of public

20  donations.

21         (b)  It is the express intent of the Legislature that

22  no charitable, nonprofit, or veterans' organization serve as a

23  sponsor of a bingo game or instant bingo conducted by another,

24  but such organization may only be directly involved in the

25  conduct of such a game as provided in this act.

26         (5)  Except for instant bingo prizes, which are limited

27  to those displayed on the ticket, no jackpot may shall exceed

28  the value of $250 in actual money or its equivalent, and there

29  shall be no more than three jackpots in any one session of

30  bingo.

31

                                  3

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






    Florida Senate - 2002                     CS for CS for SB 182
    314-1872-02




  1         (7)  Except for instant bingo prizes, which are limited

  2  to those displayed on the ticket, there shall be no more than

  3  three jackpots on any one day of play.  All other game prizes

  4  may shall not exceed $50.

  5         (8)  Each person involved in the conduct of any bingo

  6  game or instant bingo must be a resident of the community

  7  where the organization is located and a bona fide member of

  8  the organization sponsoring such game and may not be

  9  compensated in any way for operation of such bingo game.  When

10  bingo games or instant bingo are conducted by a charitable,

11  nonprofit, or veterans' organization, the organization

12  conducting the bingo games shall be required to designate up

13  to three members of that organization to be in charge of the

14  games, one of whom shall be present during the entire session

15  at which the bingo games are conducted.  The organization

16  conducting the bingo games is responsible for posting a

17  notice, which notice states the name of the organization and

18  the designated member or members, in a conspicuous place on

19  the premises at which the session is held or instant bingo is

20  played.  In no event may a caller in a bingo game be a

21  participant in that bingo game.

22         (9)  Every charitable, nonprofit, or veterans'

23  organization involved in the conduct of a bingo game or

24  instant bingo must be located in the county, or within a

25  15-mile radius of, where the bingo game or instant bingo is

26  located.

27         (10)(a)  No one under 18 years of age shall be allowed

28  to play any bingo game or instant bingo or be involved in the

29  conduct of a bingo game or instant bingo in any way.

30         (b)  Any organization conducting bingo open to the

31  public may refuse entry to any person who is objectionable or

                                  4

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






    Florida Senate - 2002                     CS for CS for SB 182
    314-1872-02




  1  undesirable to the sponsoring organization, but such refusal

  2  of entry shall not be on the basis of race, creed, color,

  3  religion, sex, national origin, marital status, or physical

  4  handicap.

  5         (11)  Bingo games or instant bingo may be held only on

  6  the following premises:

  7         (a)  Property owned by the charitable, nonprofit, or

  8  veterans' organization.

  9         (b)  Property owned by the charitable, nonprofit, or

10  veterans' organization that will benefit by the proceeds.

11         (c)  Property leased for a period of not less than 1

12  year by a charitable, nonprofit, or veterans' organization,

13  providing the lease or rental agreement does not provide for

14  the payment of a percentage of the proceeds generated at such

15  premises to the lessor or any other party and providing the

16  rental rate for such premises does not exceed the rental rates

17  charged for similar premises in the same locale.

18         (d)  Property owned by a municipality or a county when

19  the governing authority has, by appropriate ordinance or

20  resolution, specifically authorized the use of such property

21  for the conduct of such games.

22         (e)  With respect to bingo games conducted by a

23  condominium association, a cooperative association, a

24  homeowners' association as defined in s. 720.301, a mobile

25  home owners' association, a group of residents of a mobile

26  home park as defined in chapter 723, or a group of residents

27  of a mobile home park or recreational vehicle park as defined

28  in chapter 513, property owned by the association, property

29  owned by the residents of the mobile home park or recreational

30  vehicle park, or property which is a common area located

31

                                  5

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






    Florida Senate - 2002                     CS for CS for SB 182
    314-1872-02




  1  within the condominium, mobile home park, or recreational

  2  vehicle park.

  3         (13)(a)  Instant bingo tickets must be sold at the

  4  price printed on the ticket by the manufacturer, not to exceed

  5  $1. Discounts may not be given for purchases of multiple

  6  tickets, nor may tickets be given away free of charge.

  7         (b)  The sets of numbers, letters, objects, or patterns

  8  that have been predesignated by the manufacturer as winning

  9  combinations for a deal of instant bingo tickets must be

10  posted before the sale of any tickets from that deal.

11         (c)  Each instant bingo ticket in a deal must bear the

12  same serial number and there may not be more than one serial

13  number in each deal. No serial number printed on a deal of

14  instant bingo tickets may be repeated by the manufacturer on

15  the same form for a period of 3 years.

16         (d)  The serial number for each deal must be clearly

17  and legibly placed on the outside of each deal's package, box,

18  or other container.

19         (e)  Instant bingo tickets manufactured, sold, or

20  distributed in this state must comply with the standards on

21  pull-tabs of the North American Gaming Regulators Association,

22  as amended from time to time.

23         (f)  Except as provided under paragraph (e), an instant

24  bingo ticket manufactured, sold or distributed in this state

25  must:

26         1.  Be manufactured so that it is not possible to

27  identify whether it is a winning or losing instant bingo

28  ticket until it has been opened by the player as intended;

29         2.  Be manufactured using at least a two-ply paper

30  stock construction so that the instant bingo ticket is opaque;

31

                                  6

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






    Florida Senate - 2002                     CS for CS for SB 182
    314-1872-02




  1         3.  Have the form number, the deal's serial number and

  2  the name or logo of the manufacturer conspicuously printed on

  3  the face or cover of the instant bingo ticket; and

  4         4.  Have a form of winner protection that allows the

  5  organization to verify, after the instant bingo ticket has

  6  been played, that the winning instant bingo ticket presented

  7  for payment is an authentic winning instant bingo ticket for

  8  the deal in play. The manufacturer shall provide a written

  9  description of the winner protection with each deal of instant

10  bingo tickets.

11         (g)  Each manufacturer and distributor that sells or

12  distributes instant bingo tickets in this state to charitable,

13  nonprofit, or veterans' organizations shall prepare an invoice

14  that contains the following information:

15         1.  Date of sale;

16         2.  Form number and the serial number of each deal

17  sold;

18         3.  Number of instant bingo tickets in each deal sold;

19         4.  Name of distributor or organization to whom each

20  deal is sold; and

21         5.  Price of each deal sold.

22

23  All information contained on an invoice must be maintained by

24  the distributor or manufacturer for a period of 3 years.

25         (h)  The invoice, or a true and accurate copy thereof,

26  must be on the premises where any deal of instant bingo

27  tickets is stored or in play.

28         (i)  The Department of the Lottery shall keep a list of

29  no fewer than six qualified instant bingo ticket manufacturers

30  that are authorized to sell instant bingo tickets within the

31  state. No distributor or charitable, nonprofit, or veterans'

                                  7

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






    Florida Senate - 2002                     CS for CS for SB 182
    314-1872-02




  1  organizations shall purchase, distribute, or sell instant

  2  bingo tickets manufactured by any manufacturer other than

  3  those qualified instant bingo ticket manufacturers listed by

  4  the Department of the Lottery.

  5         (14)(13)  Any organization or other person who

  6  willfully and knowingly violates any provision of this section

  7  is guilty of a misdemeanor of the first degree, punishable as

  8  provided in s. 775.082 or s. 775.083.  For a second or

  9  subsequent offense, the organization or other person is guilty

10  of a felony of the third degree, punishable as provided in s.

11  775.082, s. 775.083, or s. 775.084.

12         Section 2.  This act shall take effect July 1, 2002.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  8

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






    Florida Senate - 2002                     CS for CS for SB 182
    314-1872-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                            CS/SB 182

  3

  4  The CS removed the exemption in the bill for instant bingo
    tickets that allowed authorized organizations to conduct such
  5  games more than 2 days a week.  The term "package" was
    replaced with the term "deal".
  6
    The CS provides the following standards of the North American
  7  Gaming Regulators Association in relation to the sale of
    instant bingo tickets:
  8
    1.    Each instant bingo ticket in a deal must bear the same
  9        serial number and there may not be more than one serial
          number in each deal.
10
    2.    The serial number for each deal must be clearly and
11        legibly placed on the outside of each deal's package,
          box, or other container.
12
    3.    Instant bingo tickets manufactured, sold, or distributed
13        in Florida must comply with the standards on pull-tabs
          of the North American Gaming Regulators Association.
14
    The CS requires an instant bingo ticket manufactured, sold or
15  distributed in Florida to  meet the following criteria:

16  1.    Be manufactured so that it is not possible to identify
          whether it is a winning or losing ticket until it has
17        been opened by the player.

18  2.    Be manufactured using at least a two-ply paper stock
          construction.
19
    3.    Have the form number, the deal's serial number and the
20        name or logo of the manufacturer conspicuously printed
          on the face or cover of the ticket.
21
    4.    Have a form of winner protection that allows the
22        organization to verify, after the ticket has been
          played, that the winning ticket presented for payment is
23        an authentic winning ticket for the deal in play.

24  The CS requires each manufacturer and distributor that sells
    or distributes instant bingo tickets in Florida to charitable,
25  nonprofit, or veterans' organizations to prepare an invoice
    that contains the following:
26
    1.    Date of sale;
27
    2.    Form number and the serial number of each deal sold;
28
    3.    Number of instant bingo tickets in each deal sold;
29
    4.    Name of distributor or organization to whom each deal is
30        sold; and

31  5.    Price of each deal sold.

                                  9

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






    Florida Senate - 2002                     CS for CS for SB 182
    314-1872-02




  1  The CS requires the Department of the Lottery to keep a list
    of at least six qualified instant bingo ticket manufacturers
  2  that are authorized to sell instant bingo tickets in Florida.
    Distributors and charitable, nonprofit or veterans'
  3  organizations are prohibited from purchasing, distributing, or
    selling instant bingo tickets manufactured by any other
  4  manufacturer other than those listed by the Department of the
    Lottery.
  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  10

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