| 1 | A bill to be entitled |
| 2 | An act relating to bingo; amending s. 849.0931, F.S.; |
| 3 | revising provisions for the conduct of bingo sessions and |
| 4 | games; revising definitions; defining "bingo session," |
| 5 | "calendar week," "day," and "member"; restricting |
| 6 | assistance in the conduct of bingo to members; revising |
| 7 | provisions for prizes and jackpots; providing for an |
| 8 | additional jackpot per session; providing for valuation of |
| 9 | noncash prizes; prohibiting free games; providing an |
| 10 | exception; limiting bingo sessions; revising provisions |
| 11 | for assistance in the conduct of bingo; revising rules for |
| 12 | the conduct of bingo games; providing for accommodations |
| 13 | for persons with physical disabilities; preempting |
| 14 | regulation of bingo to the state; prohibiting certain |
| 15 | persons from conducting or assisting in the conduct of |
| 16 | bingo; prohibiting certain persons from being a bingo |
| 17 | lessor or employee of such lessor; prohibiting a bingo |
| 18 | organization from allowing use of its identity for the |
| 19 | purpose of conducting bingo; prohibiting certain persons |
| 20 | from participating in certain bingo games; providing |
| 21 | penalties; amending s. 849.161, F.S.; providing that |
| 22 | specified gambling regulations do not apply to specified |
| 23 | bingo facilities having amusement games or machines; |
| 24 | providing an effective date. |
| 25 |
|
| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
|
| 28 | Section 1. Section 849.0931, Florida Statutes, is amended |
| 29 | to read: |
| 30 | 849.0931 Bingo authorized; conditions for conduct; |
| 31 | permitted uses of proceeds; limitations.-- |
| 32 | (1) As used in this section: |
| 33 | (a) "Bingo game" means and refers to the activity, |
| 34 | commonly known as "bingo," in which participants pay a sum of |
| 35 | money for the use of one or more bingo cards. When the game |
| 36 | commences, numbers are drawn by chance, one by one, and |
| 37 | announced. The players cover or mark those announced numbers on |
| 38 | the bingo cards which they have purchased until a player |
| 39 | receives a given order of numbers in sequence that has been |
| 40 | preannounced for that particular game. This player calls out |
| 41 | "bingo" and is declared the winner of a predetermined prize. |
| 42 | More than one game may be played upon a bingo card, and numbers |
| 43 | called for one game may be used for a succeeding game or games. |
| 44 | (b) "Bingo card" means and refers to the flat piece of |
| 45 | paper or thin pasteboard, or electronic equivalent, employed by |
| 46 | players engaged in the game of bingo. Each set of bingo numbers |
| 47 | on a The bingo card shall have not fewer than 24 playing numbers |
| 48 | printed on it. These playing numbers shall range from 1 through |
| 49 | 75, inclusive. More than one set of bingo numbers may be printed |
| 50 | on any single piece of paper, thereby creating multiple bingo |
| 51 | cards. If a bingo card has more than one set of bingo numbers |
| 52 | available for play in a single game then each set of bingo |
| 53 | numbers is a single bingo card. A bingo card or electronic |
| 54 | equivalent shall be part of a group or series with recorded or |
| 55 | programmed control numbers to ensure that duplicate bingo cards |
| 56 | are not sold for any given game. |
| 57 | (c) "Bingo session" or "session" means a series of bingo |
| 58 | games played in a day or part of a day. No charitable, |
| 59 | nonprofit, or veterans' organization may conduct more than one |
| 60 | bingo session in a day, with each authorized organization |
| 61 | restricted to no more than two sessions of bingo per calendar |
| 62 | week. However, any session in progress that continues past |
| 63 | midnight shall be considered played on the day the session |
| 64 | began. |
| 65 | (d) "Calendar week" means a week beginning on Sunday at |
| 66 | 12:01 a.m. and ending at midnight the following Saturday |
| 67 | evening. |
| 68 | (e) "Day" means a period of time beginning at 12:01 a.m. |
| 69 | and ending at 12:00 midnight. |
| 70 | (f)(c) "Charitable, nonprofit, or veterans' organization" |
| 71 | means an organization which has qualified for exemption from |
| 72 | federal income tax as an exempt organization under the |
| 73 | provisions of s. 501(c) of the Internal Revenue Code of 1954 or |
| 74 | s. 528 of the Internal Revenue Code of 1986, as amended; which |
| 75 | is engaged in charitable, civic, community, benevolent, |
| 76 | religious, or scholastic works or other similar activities; and |
| 77 | which has been in existence and active for a period of 3 years |
| 78 | or more. |
| 79 | (g) "Member" means an individual who has qualified for and |
| 80 | has been granted membership in a nonprofit organization |
| 81 | authorized to conduct bingo and has legal residence in this |
| 82 | state. A member assisting in the conduct of bingo during any |
| 83 | bingo game may not participate as a player during that bingo |
| 84 | game. Only members may assist in the conduct of bingo games. The |
| 85 | member must be 18 years of age or older and meet the qualifying |
| 86 | criteria to be a member of the organization authorized to |
| 87 | conduct bingo according to the organization's constitution and |
| 88 | bylaws. A membership organization authorized to conduct bingo |
| 89 | may not waive any established criteria for membership in the |
| 90 | organization solely for the purpose of qualifying an individual |
| 91 | to assist in conducting bingo. |
| 92 | (h)(d) "Objects" means a set of 75 balls or other |
| 93 | precision shapes that are imprinted with letters and numbers in |
| 94 | such a way that numbers 1 through 15 are marked with the letter |
| 95 | "B," numbers 16 through 30 are marked with the letter "I," |
| 96 | numbers 31 through 45 are marked with the letter "N," numbers 46 |
| 97 | through 60 are marked with the letter "G," and numbers 61 |
| 98 | through 75 are marked with the letter "O." |
| 99 | (i)(e) "Rack" means the container in which the objects are |
| 100 | placed after being drawn and announced. |
| 101 | (j)(f) "Receptacle" means the container from which the |
| 102 | objects are drawn or ejected. |
| 103 | (g) "Session" means a designated set of games played in a |
| 104 | day or part of a day. |
| 105 | (2)(a) None of the provisions of this chapter shall be |
| 106 | construed to prohibit or prevent charitable, nonprofit, or |
| 107 | veterans' organizations engaged in charitable, civic, community, |
| 108 | benevolent, religious, or scholastic works or other similar |
| 109 | endeavors, which organizations have been in existence and active |
| 110 | for a period of 3 years or more, from conducting bingo games, |
| 111 | provided the entire proceeds derived from the conduct of such |
| 112 | games, less actual business expenses for articles designed for |
| 113 | and essential to the operation, conduct, and playing of bingo, |
| 114 | are donated by such organizations to the endeavors mentioned |
| 115 | above. In no case may the net proceeds from the conduct of such |
| 116 | games be used for any other purpose whatsoever. The proceeds |
| 117 | derived from the conduct of bingo games shall not be considered |
| 118 | solicitation of public donations. |
| 119 | (b) It is the express intent of the Legislature that no |
| 120 | charitable, nonprofit, or veterans' organization serve as a |
| 121 | sponsor of a bingo game conducted by another, but such |
| 122 | organization may only be directly involved in the conduct of |
| 123 | such a game as provided in this act. |
| 124 | (3) If an organization is not engaged in efforts of the |
| 125 | type set out above, its right to conduct bingo games hereunder |
| 126 | is conditioned upon the return of all the proceeds from such |
| 127 | games to the players in the form of prizes. If at the conclusion |
| 128 | of play on any day during which a bingo game is allowed to be |
| 129 | played under this section there remain proceeds which have not |
| 130 | been paid out as prizes, the organization conducting the game |
| 131 | shall at the next scheduled day of play conduct bingo games |
| 132 | without any charge to the players and shall continue to do so |
| 133 | until the proceeds carried over from the previous days played |
| 134 | have been exhausted. This provision in no way extends the |
| 135 | limitation on the number of prize or jackpot games allowed in a |
| 136 | session or one day as provided for in subsection (5). |
| 137 | (4) The right of a condominium association, a cooperative |
| 138 | association, a homeowners' association as defined in s. 720.301, |
| 139 | a mobile home owners' association, a group of residents of a |
| 140 | mobile home park as defined in chapter 723, or a group of |
| 141 | residents of a mobile home park or recreational vehicle park as |
| 142 | defined in chapter 513 to conduct bingo is conditioned upon the |
| 143 | return of the net proceeds from such games to players in the |
| 144 | form of prizes after having deducted the actual business |
| 145 | expenses for such games for articles designed for and essential |
| 146 | to the operation, conduct, and playing of bingo. Any net |
| 147 | proceeds remaining after paying prizes may be donated by the |
| 148 | association to a charitable, nonprofit, or veterans' |
| 149 | organization which is exempt from federal income tax under the |
| 150 | provisions of s. 501(c) of the Internal Revenue Code to be used |
| 151 | in such recipient organization's charitable, civic, community, |
| 152 | benevolent, religious, or scholastic works or similar activities |
| 153 | or, in the alternative, such remaining proceeds shall be used as |
| 154 | specified in subsection (3). |
| 155 | (5) No jackpot shall exceed the value of $500 $250 in |
| 156 | actual money or its equivalent, and there shall be no more than |
| 157 | three jackpots in any one session of bingo. All other games |
| 158 | shall pay no more than $100 each. |
| 159 | (6) The number of days per week during which organizations |
| 160 | authorized hereunder may conduct bingo may not exceed two. |
| 161 | (7) In addition to the provisions in subsection (5), there |
| 162 | may be one jackpot game per session known as a progressive |
| 163 | jackpot game with a prize payout of 65 percent of proceeds. If |
| 164 | the progressive jackpot is not won in a session, a consolation |
| 165 | prize of no more than $100 may be awarded. The progressive |
| 166 | number shall increase one number per organization authorized to |
| 167 | conduct such game until a cover-all winner is declared. When |
| 168 | such a winner is declared, the progressive jackpot game rolls |
| 169 | back to a beginning cover-all number and played as above until a |
| 170 | winner is declared. An organization may not allow its |
| 171 | progressive jackpot game to be played during another |
| 172 | organization's session. Each authorized organization must |
| 173 | operate its own progressive jackpot, independent from another |
| 174 | authorized organization's session. Organizations shall maintain |
| 175 | a record of such progressive jackpots for audit purposes. There |
| 176 | shall be no more than three jackpots on any one day of play. All |
| 177 | other game prizes shall not exceed $50. |
| 178 | (a) When other than cash is used for prizes, the value of |
| 179 | the merchandise or other noncash considerations awarded as |
| 180 | prizes shall be the purchase price of the merchandise or other |
| 181 | noncash considerations as of the date awarded, regardless of |
| 182 | whether the merchandise was purchased or donated. Any |
| 183 | merchandise offered as a bingo prize must have been paid for in |
| 184 | full before being offered as a prize. Prize limitations set |
| 185 | forth in this section shall apply to all bingo games. |
| 186 | (b) Except as provided in paragraph (13)(a), free games |
| 187 | are not allowed. |
| 188 | (8) Each bingo session shall be conducted by a single |
| 189 | organization. An organization shall conduct no more than two |
| 190 | bingo sessions per week. An organization shall not conduct bingo |
| 191 | more than 2 days per week. There shall be no more than two bingo |
| 192 | sessions per day conducted on any authorized premises. |
| 193 | (9)(8) Each person involved in the conduct of any bingo |
| 194 | game must be a resident of the community where the organization |
| 195 | is located and a bona fide member of the organization sponsoring |
| 196 | such game and may not be compensated in any way for operation of |
| 197 | such bingo game. When bingo games are conducted by a charitable, |
| 198 | nonprofit, or veterans' organization, the organization |
| 199 | conducting the bingo games shall be required to designate up to |
| 200 | three members of that organization to be in charge of the games, |
| 201 | one of whom shall be present during the entire session at which |
| 202 | the bingo games are conducted. The organization conducting the |
| 203 | bingo games is responsible for posting a notice, which notice |
| 204 | states the name of the organization and the designated member or |
| 205 | members, in a conspicuous place on the premises at which the |
| 206 | session is held. In no event may a caller in a bingo game be a |
| 207 | participant in that bingo game. |
| 208 | (10)(9) Every charitable, nonprofit, or veterans' |
| 209 | organization involved in the conduct of a bingo game must be |
| 210 | located in the county, or within a 15-mile radius of, where the |
| 211 | bingo game is located. |
| 212 | (11)(10)(a) No one under 18 years of age shall be allowed |
| 213 | to play any bingo game or be involved in the conduct of a bingo |
| 214 | game in any way. |
| 215 | (b) Any organization conducting bingo open to the public |
| 216 | may refuse entry to any person who is objectionable or |
| 217 | undesirable to the sponsoring organization, but such refusal of |
| 218 | entry shall not be on the basis of race, creed, color, religion, |
| 219 | sex, national origin, marital status, or physical handicap. |
| 220 | (12)(11) Bingo games may be held only on the following |
| 221 | premises: |
| 222 | (a) Property owned by the charitable, nonprofit, or |
| 223 | veterans' organization. |
| 224 | (b) Property owned by the charitable, nonprofit, or |
| 225 | veterans' organization that will benefit by the proceeds. |
| 226 | (c) Property leased for a period of not less than 1 year |
| 227 | by a charitable, nonprofit, or veterans' organization, providing |
| 228 | the lease or rental agreement does not provide for the payment |
| 229 | of a percentage of the proceeds generated at such premises to |
| 230 | the lessor or any other party and providing the rental rate for |
| 231 | such premises does not exceed the rental rates charged for |
| 232 | similar premises in the same locale. |
| 233 | (d) Property owned by a municipality or a county when the |
| 234 | governing authority has, by appropriate ordinance or resolution, |
| 235 | specifically authorized the use of such property for the conduct |
| 236 | of such games. |
| 237 | (e) With respect to bingo games conducted by a condominium |
| 238 | association, a cooperative association, a homeowners' |
| 239 | association as defined in s. 720.301, a mobile home owners' |
| 240 | association, a group of residents of a mobile home park as |
| 241 | defined in chapter 723, or a group of residents of a mobile home |
| 242 | park or recreational vehicle park as defined in chapter 513, |
| 243 | property owned by the association, property owned by the |
| 244 | residents of the mobile home park or recreational vehicle park, |
| 245 | or property which is a common area located within the |
| 246 | condominium, mobile home park, or recreational vehicle park. |
| 247 | (13)(12) Each bingo game shall be conducted in accordance |
| 248 | with the following rules: |
| 249 | (a) The objects, whether drawn or ejected, shall be |
| 250 | essentially equal as to size, shape, weight, and balance and as |
| 251 | to all other characteristics that may control their selection |
| 252 | from the receptacle. The caller shall cancel any game if, during |
| 253 | the course of a game, the mechanism used in the drawing or |
| 254 | ejection of objects becomes jammed in such a manner as to |
| 255 | interfere with the accurate determination of the next number to |
| 256 | be announced or if the caller determines that more than one |
| 257 | object is labeled with the same number or that there is a number |
| 258 | to be drawn without a corresponding object. Any player in a game |
| 259 | canceled pursuant to this paragraph shall be permitted to play |
| 260 | the next game free of charge. |
| 261 | (b) Prior to commencement of any bingo session, the member |
| 262 | in charge shall cause a verification to be made of all objects |
| 263 | to be placed in the receptacle and shall inspect the objects in |
| 264 | the presence of two or more randomly selected players a |
| 265 | disinterested person to ensure that all objects are present and |
| 266 | that there are no duplications or omissions of numbers on the |
| 267 | objects. Any player shall be entitled to call for a verification |
| 268 | of numbers before, during, and after a session. |
| 269 | (c) The card or sheet on which the game is played shall be |
| 270 | part of a deck, group, or series, no two of which may be alike |
| 271 | in any given game. |
| 272 | (d) All numbers shall be visibly displayed after being |
| 273 | drawn and before being placed in the rack. |
| 274 | (e) A bona fide bingo shall consist of a predesignated |
| 275 | arrangement of numbers on a card or sheet that correspond with |
| 276 | the numbers on the objects drawn from the receptacle and |
| 277 | announced. Errors in numbers announced or misplaced in the rack |
| 278 | may not be recognized as a bingo. |
| 279 | (f) When a caller has started to vocally announce a |
| 280 | number, the caller shall complete the call. If any player has |
| 281 | obtained a bingo on a previous number, such player will share |
| 282 | the prize with the player who gained bingo on the last number |
| 283 | called. |
| 284 | (g) Numbers on the winning cards or sheets shall be |
| 285 | announced and verified in the presence of another player. Any |
| 286 | player shall be entitled at the time the winner is determined to |
| 287 | call for a verification of numbers drawn. The verification shall |
| 288 | be in the presence of the member designated to be in charge of |
| 289 | the occasion or, if such person is also the caller, in the |
| 290 | presence of another individual an officer of the licensee. |
| 291 | (h) Upon determining a winner, the caller shall ask, "Are |
| 292 | there any other winners?" If no players reply one replies, the |
| 293 | caller shall declare the game closed. No other player is |
| 294 | entitled to share the prize unless she or he has declared a |
| 295 | bingo prior to this announcement. |
| 296 | (i) Seats may not be held or reserved for a player by |
| 297 | anyone unless such player has paid the appropriate charge for |
| 298 | the occupancy of such seat. No person who is a member of the |
| 299 | sponsoring organization may reserve or make payment for the |
| 300 | purpose of reserving a seat for any player. Accommodations for |
| 301 | persons with physical disabilities shall be made in accordance |
| 302 | with the Americans with Disabilities Act by an organization or |
| 303 | person involved in the conduct of any bingo game for players not |
| 304 | present, nor may any cards be set aside, held, or reserved from |
| 305 | one session to another for any player. |
| 306 | (14) The regulation and enforcement of bingo conducted in |
| 307 | this state is preempted to the state except for zoning and |
| 308 | matters pertaining to the safety, health, and welfare of bingo |
| 309 | patrons. Any existing local bingo regulation or ordinance that |
| 310 | contains provisions restricting or limiting the number of days |
| 311 | of operation of bingo facilities and that was adopted prior to |
| 312 | March 1, 2005, may be amended to conform to the provisions of |
| 313 | this act. All regulations and ordinances provided for in this |
| 314 | subsection shall remain in full force and effect until repealed |
| 315 | by the enacting county or municipality. |
| 316 | (15)(a) No person may conduct or assist in the conduct of |
| 317 | bingo if the person has been convicted within the last 10 years |
| 318 | of a felony including fraud, embezzlement, gambling, theft, or |
| 319 | racketeering. |
| 320 | (b) No person may be a bingo lessor or employed by a bingo |
| 321 | lessor if the person has been convicted within the last 10 years |
| 322 | of a felony including fraud, embezzlement, gambling, theft, or |
| 323 | racketeering. |
| 324 | (c) No bingo organization shall lend, sell, or allow its |
| 325 | identity to be used by anyone for the purpose of conducting |
| 326 | bingo. |
| 327 | (d) Any person conducting or assisting in the conduct of |
| 328 | any bingo game or any portion of a bingo game shall not be |
| 329 | allowed to participate as a player during that bingo game. This |
| 330 | provision shall not prohibit such a person from assisting a |
| 331 | player by monitoring the player's bingo cards to allow the |
| 332 | player to use other facilities on the bingo premises. |
| 333 | (e) No person under 18 years of age may conduct or assist |
| 334 | in the conduct of bingo or play bingo on any bingo premises. |
| 335 | (16)(13) Any organization or other person who willfully |
| 336 | and knowingly violates any provision of this section is guilty |
| 337 | of a misdemeanor of the first degree, punishable as provided in |
| 338 | s. 775.082 or s. 775.083. For a second or subsequent offense, |
| 339 | the organization or other person is guilty of a felony of the |
| 340 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 341 | or s. 775.084. |
| 342 | Section 2. Paragraph (a) of subsection (1) of section |
| 343 | 849.161, Florida Statutes, is amended to read: |
| 344 | 849.161 Amusement games or machines; when chapter |
| 345 | inapplicable.-- |
| 346 | (1)(a)1. Nothing contained in this chapter shall be taken |
| 347 | or construed as applicable to an arcade amusement center having |
| 348 | amusement games or machines which operate by means of the |
| 349 | insertion of a coin and which by application of skill may |
| 350 | entitle the person playing or operating the game or machine to |
| 351 | receive points or coupons which may be exchanged for merchandise |
| 352 | only, excluding cash and alcoholic beverages, provided the cost |
| 353 | value of the merchandise or prize awarded in exchange for such |
| 354 | points or coupons does not exceed 75 cents on any game played. |
| 355 | 2. Nothing contained in this chapter shall be taken or |
| 356 | construed as applicable to any bingo facility authorized by s. |
| 357 | 849.0931(12)(a)-(d) or any retail dealer who operates as a truck |
| 358 | stop, as defined in chapter 336 and which operates a minimum of |
| 359 | 6 functional diesel fuel pumps, having amusement games or |
| 360 | machines which operate by means of the insertion of a coin or |
| 361 | other currency and which by application of skill may entitle the |
| 362 | person playing or operating the game or machine to receive |
| 363 | points or coupons which may be exchanged for merchandise limited |
| 364 | to noncash prizes, toys, novelties, and Florida Lottery |
| 365 | products, excluding alcoholic beverages, provided the cost value |
| 366 | of the merchandise or prize awarded in exchange for such points |
| 367 | or coupons does not exceed 75 cents on any game played. This |
| 368 | subparagraph applies only to games and machines which are |
| 369 | operated for the entertainment of the general public and |
| 370 | tourists as bona fide amusement games or machines. This |
| 371 | subsection shall not apply, however, to any game or device |
| 372 | defined as a gambling device in 24 U.S.C. s. 1171, which |
| 373 | requires identification of each device by permanently affixing |
| 374 | seriatim numbering and name, trade name, and date of manufacture |
| 375 | under s. 1173, and registration with the United States Attorney |
| 376 | General, unless excluded from applicability of the chapter under |
| 377 | s. 1178. This subsection shall not be construed to authorize |
| 378 | video poker games or any other game or machine that may be |
| 379 | construed as a gambling device under Florida law. |
| 380 | Section 3. This act shall take effect July 1, 2005. |