| 1 | A bill to be entitled |
| 2 | An act relating to bingo; providing a short title; |
| 3 | amending s. 849.0931, F.S.; defining the terms "deal," |
| 4 | "flare," and "instant bingo"; exempting instant bingo from |
| 5 | specified prohibitions; providing requirements for the |
| 6 | operation of instant bingo games; providing requirements |
| 7 | for the use of proceeds and prize payout; providing |
| 8 | requirements for the manufacture and sale of instant bingo |
| 9 | tickets; providing penalties; reenacting ss. 718.114 and |
| 10 | 723.079(8), F.S., relating to powers and duties of |
| 11 | condominium and homeowners' associations, to incorporate |
| 12 | the amendment to s. 849.0931, F.S., in references thereto; |
| 13 | providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. This act may be cited as the "Evelyn Wiesman- |
| 18 | Price Act." |
| 19 | Section 2. Section 849.0931, Florida Statutes, is amended |
| 20 | to read: |
| 21 | 849.0931 Bingo authorized; conditions for conduct; |
| 22 | permitted uses of proceeds; limitations.-- |
| 23 | (1) As used in this section: |
| 24 | (a) "Bingo game" means and refers to the activity, |
| 25 | commonly known as "bingo," in which participants pay a sum of |
| 26 | money for the use of one or more bingo cards. When the game |
| 27 | commences, numbers are drawn by chance, one by one, and |
| 28 | announced. The players cover or mark those numbers on the bingo |
| 29 | cards which they have purchased until a player receives a given |
| 30 | order of numbers in sequence that has been preannounced for that |
| 31 | particular game. This player calls out "bingo" and is declared |
| 32 | the winner of a predetermined prize. More than one game may be |
| 33 | played upon a bingo card, and numbers called for one game may be |
| 34 | used for a succeeding game or games. |
| 35 | (b) "Bingo card" means and refers to the flat piece of |
| 36 | paper or thin pasteboard employed by players engaged in the game |
| 37 | of bingo. The bingo card shall have not fewer than 24 playing |
| 38 | numbers printed on it. These playing numbers shall range from 1 |
| 39 | through 75, inclusive. More than one set of bingo numbers may be |
| 40 | printed on any single piece of paper. |
| 41 | (c) "Charitable, nonprofit, or veterans' organization" |
| 42 | means an organization which has qualified for exemption from |
| 43 | federal income tax as an exempt organization under the |
| 44 | provisions of s. 501(c) of the Internal Revenue Code of 1954 or |
| 45 | s. 528 of the Internal Revenue Code of 1986, as amended; which |
| 46 | is engaged in charitable, civic, community, benevolent, |
| 47 | religious, or scholastic works or other similar activities; and |
| 48 | which has been in existence and active for a period of 3 years |
| 49 | or more. |
| 50 | (d) "Deal" means a separate set or package of not more |
| 51 | than 4,000 instant bingo tickets in which the predetermined |
| 52 | minimum prize payout is at least 65 percent of the total |
| 53 | receipts from the sale of the entire deal. |
| 54 | (e) "Flare" means the board or placard that accompanies |
| 55 | each deal of instant bingo tickets and that has printed on or |
| 56 | affixed to it the following information: |
| 57 | 1. The game name. |
| 58 | 2. The manufacturer's name or distinctive logo. |
| 59 | 3. The form number. |
| 60 | 4. The ticket count. |
| 61 | 5. The prize structure, including the number of symbols or |
| 62 | number combinations for winning instant bingo tickets by |
| 63 | denomination, with their respective winning symbols or number |
| 64 | combinations. |
| 65 | 6. The cost per play. |
| 66 | 7. The game serial number. |
| 67 | (f) "Instant bingo" means a form of bingo that is played |
| 68 | using tickets by which a player wins a prize by opening and |
| 69 | removing a cover from the ticket to reveal a set of numbers, |
| 70 | letters, objects, or patterns, some of which have been |
| 71 | designated in advance as prize winners. |
| 72 | (g)(d) "Objects" means a set of 75 balls or other |
| 73 | precision shapes that are imprinted with letters and numbers in |
| 74 | such a way that numbers 1 through 15 are marked with the letter |
| 75 | "B," numbers 16 through 30 are marked with the letter "I," |
| 76 | numbers 31 through 45 are marked with the letter "N," numbers 46 |
| 77 | through 60 are marked with the letter "G," and numbers 61 |
| 78 | through 75 are marked with the letter "O." |
| 79 | (h)(e) "Rack" means the container in which the objects are |
| 80 | placed after being drawn and announced. |
| 81 | (i)(f) "Receptacle" means the container from which the |
| 82 | objects are drawn or ejected. |
| 83 | (j)(g) "Session" means a designated set of games played in |
| 84 | a day or part of a day. |
| 85 | (2)(a) None of the provisions of this chapter shall be |
| 86 | construed to prohibit or prevent charitable, nonprofit, or |
| 87 | veterans' organizations engaged in charitable, civic, community, |
| 88 | benevolent, religious, or scholastic works or other similar |
| 89 | endeavors, which organizations have been in existence and active |
| 90 | for a period of 3 years or more, from conducting bingo games or |
| 91 | instant bingo, provided the entire proceeds derived from the |
| 92 | conduct of such games, less actual business expenses for |
| 93 | articles designed for and essential to the operation, conduct, |
| 94 | and playing of bingo or instant bingo, are donated by such |
| 95 | organizations to the endeavors mentioned above. In no case may |
| 96 | the net proceeds from the conduct of such games be used for any |
| 97 | other purpose whatsoever. The proceeds derived from the conduct |
| 98 | of bingo games or instant bingo shall not be considered |
| 99 | solicitation of public donations. |
| 100 | (b) It is the express intent of the Legislature that no |
| 101 | charitable, nonprofit, or veterans' organization serve as a |
| 102 | sponsor of a bingo game or instant bingo conducted by another, |
| 103 | but such organization may only be directly involved in the |
| 104 | conduct of such a game as provided in this act. |
| 105 | (3) If an organization is not engaged in efforts of the |
| 106 | type set out above, its right to conduct bingo games hereunder |
| 107 | is conditioned upon the return of all the proceeds from such |
| 108 | games to the players in the form of prizes. If at the conclusion |
| 109 | of play on any day during which a bingo game is allowed to be |
| 110 | played under this section there remain proceeds which have not |
| 111 | been paid out as prizes, the organization conducting the game |
| 112 | shall at the next scheduled day of play conduct bingo games |
| 113 | without any charge to the players and shall continue to do so |
| 114 | until the proceeds carried over from the previous days played |
| 115 | have been exhausted. This provision in no way extends the |
| 116 | limitation on the number of prize or jackpot games allowed in |
| 117 | one day as provided for in subsection (5). |
| 118 | (4) The right of a condominium association, a cooperative |
| 119 | association, a homeowners' association as defined in s. 720.301, |
| 120 | a mobile home owners' association, a group of residents of a |
| 121 | mobile home park as defined in chapter 723, or a group of |
| 122 | residents of a mobile home park or recreational vehicle park as |
| 123 | defined in chapter 513 to conduct bingo is conditioned upon the |
| 124 | return of the net proceeds from such games to players in the |
| 125 | form of prizes after having deducted the actual business |
| 126 | expenses for such games for articles designed for and essential |
| 127 | to the operation, conduct, and playing of bingo. Any net |
| 128 | proceeds remaining after paying prizes may be donated by the |
| 129 | association to a charitable, nonprofit, or veterans' |
| 130 | organization which is exempt from federal income tax under the |
| 131 | provisions of s. 501(c) of the Internal Revenue Code to be used |
| 132 | in such recipient organization's charitable, civic, community, |
| 133 | benevolent, religious, or scholastic works or similar activities |
| 134 | or, in the alternative, such remaining proceeds shall be used as |
| 135 | specified in subsection (3). |
| 136 | (5) Except for instant bingo prizes, which are limited to |
| 137 | the amounts displayed on the ticket or on the game flare, a No |
| 138 | jackpot shall not exceed the value of $250 in actual money or |
| 139 | its equivalent, and there shall be no more than three jackpots |
| 140 | in any one session of bingo. |
| 141 | (6) Except for instant bingo, which is not limited by this |
| 142 | subsection, the number of days per week during which |
| 143 | organizations authorized under this section hereunder may |
| 144 | conduct bingo shall may not exceed two. |
| 145 | (7) Except for instant bingo prizes, which are limited to |
| 146 | the amounts displayed on the ticket or on the game flare, there |
| 147 | shall be no more than three jackpots on any one day of play. All |
| 148 | other game prizes shall not exceed $50. |
| 149 | (8) Each person involved in the conduct of any bingo game |
| 150 | or instant bingo must be a resident of the community where the |
| 151 | organization is located and a bona fide member of the |
| 152 | organization sponsoring such game and may not be compensated in |
| 153 | any way for operation of such bingo game. When bingo games or |
| 154 | instant bingo is are conducted by a charitable, nonprofit, or |
| 155 | veterans' organization, the organization conducting the bingo |
| 156 | games must shall be required to designate up to three members of |
| 157 | that organization to be in charge of the games, one of whom |
| 158 | shall be present during the entire session at which the bingo |
| 159 | games are conducted. The organization conducting the bingo games |
| 160 | is responsible for posting a notice, which notice states the |
| 161 | name of the organization and the designated member or members, |
| 162 | in a conspicuous place on the premises at which the session is |
| 163 | held or instant bingo is played. In no event may A caller in a |
| 164 | bingo game may not be a participant in that bingo game. |
| 165 | (9) Every charitable, nonprofit, or veterans' organization |
| 166 | involved in the conduct of a bingo game or instant bingo must be |
| 167 | located in the county, or within a 15-mile radius of, where the |
| 168 | bingo game or instant bingo is located. |
| 169 | (10)(a) No one under 18 years of age shall be allowed to |
| 170 | play any bingo game or instant bingo or be involved in the |
| 171 | conduct of a bingo game or instant bingo in any way. |
| 172 | (b) Any organization conducting bingo open to the public |
| 173 | may refuse entry to any person who is objectionable or |
| 174 | undesirable to the sponsoring organization, but such refusal of |
| 175 | entry shall not be on the basis of race, creed, color, religion, |
| 176 | sex, national origin, marital status, or physical handicap. |
| 177 | (11) Bingo games or instant bingo may be held only on the |
| 178 | following premises: |
| 179 | (a) Property owned by the charitable, nonprofit, or |
| 180 | veterans' organization. |
| 181 | (b) Property owned by the charitable, nonprofit, or |
| 182 | veterans' organization that will benefit by the proceeds. |
| 183 | (c) Property leased for a period of not less than 1 year |
| 184 | by a charitable, nonprofit, or veterans' organization, providing |
| 185 | the lease or rental agreement does not provide for the payment |
| 186 | of a percentage of the proceeds generated at such premises to |
| 187 | the lessor or any other party and providing the rental rate for |
| 188 | such premises does not exceed the rental rates charged for |
| 189 | similar premises in the same locale. |
| 190 | (d) Property owned by a municipality or a county when the |
| 191 | governing authority has, by appropriate ordinance or resolution, |
| 192 | specifically authorized the use of such property for the conduct |
| 193 | of such games. |
| 194 | (e) With respect to bingo games conducted by a condominium |
| 195 | association, a cooperative association, a homeowners' |
| 196 | association as defined in s. 720.301, a mobile home owners' |
| 197 | association, a group of residents of a mobile home park as |
| 198 | defined in chapter 723, or a group of residents of a mobile home |
| 199 | park or recreational vehicle park as defined in chapter 513, |
| 200 | property owned by the association, property owned by the |
| 201 | residents of the mobile home park or recreational vehicle park, |
| 202 | or property which is a common area located within the |
| 203 | condominium, mobile home park, or recreational vehicle park. |
| 204 | (12) Each bingo game shall be conducted in accordance with |
| 205 | the following rules: |
| 206 | (a) The objects, whether drawn or ejected, shall be |
| 207 | essentially equal as to size, shape, weight, and balance and as |
| 208 | to all other characteristics that may control their selection |
| 209 | from the receptacle. The caller shall cancel any game if, during |
| 210 | the course of a game, the mechanism used in the drawing or |
| 211 | ejection of objects becomes jammed in such a manner as to |
| 212 | interfere with the accurate determination of the next number to |
| 213 | be announced or if the caller determines that more than one |
| 214 | object is labeled with the same number or that there is a number |
| 215 | to be drawn without a corresponding object. Any player in a game |
| 216 | canceled pursuant to this paragraph shall be permitted to play |
| 217 | the next game free of charge. |
| 218 | (b) Prior to commencement of any bingo session, the member |
| 219 | in charge shall cause a verification to be made of all objects |
| 220 | to be placed in the receptacle and shall inspect the objects in |
| 221 | the presence of a disinterested person to ensure that all |
| 222 | objects are present and that there are no duplications or |
| 223 | omissions of numbers on the objects. Any player shall be |
| 224 | entitled to call for a verification of numbers before, during, |
| 225 | and after a session. |
| 226 | (c) The card or sheet on which the game is played shall be |
| 227 | part of a deck, group, or series, no two of which may be alike |
| 228 | in any given game. |
| 229 | (d) All numbers shall be visibly displayed after being |
| 230 | drawn and before being placed in the rack. |
| 231 | (e) A bona fide bingo shall consist of a predesignated |
| 232 | arrangement of numbers on a card or sheet that correspond with |
| 233 | the numbers on the objects drawn from the receptacle and |
| 234 | announced. Errors in numbers announced or misplaced in the rack |
| 235 | may not be recognized as a bingo. |
| 236 | (f) When a caller has started to vocally announce a |
| 237 | number, the caller shall complete the call. If any player has |
| 238 | obtained a bingo on a previous number, such player will share |
| 239 | the prize with the player who gained bingo on the last number |
| 240 | called. |
| 241 | (g) Numbers on the winning cards or sheets shall be |
| 242 | announced and verified in the presence of another player. Any |
| 243 | player shall be entitled at the time the winner is determined to |
| 244 | call for a verification of numbers drawn. The verification shall |
| 245 | be in the presence of the member designated to be in charge of |
| 246 | the occasion or, if such person is also the caller, in the |
| 247 | presence of an officer of the licensee. |
| 248 | (h) Upon determining a winner, the caller shall ask, "Are |
| 249 | there any other winners?" If no one replies, the caller shall |
| 250 | declare the game closed. No other player is entitled to share |
| 251 | the prize unless she or he has declared a bingo prior to this |
| 252 | announcement. |
| 253 | (i) Seats may not be held or reserved by an organization |
| 254 | or person involved in the conduct of any bingo game for players |
| 255 | not present, nor may any cards be set aside, held, or reserved |
| 256 | from one session to another for any player. |
| 257 | (13)(a) Instant bingo tickets must be sold at the price |
| 258 | printed on the ticket or on the game flare by the manufacturer, |
| 259 | not to exceed $1. Discounts may not be given for the purchase of |
| 260 | multiple tickets, nor may tickets be given away free of charge. |
| 261 | (b) Each deal of instant bingo tickets must be accompanied |
| 262 | by a flare, and the flare must be posted before the sale of any |
| 263 | tickets in that deal. |
| 264 | (c) Each instant bingo ticket in a deal must bear the same |
| 265 | serial number, and there may not be more than one serial number |
| 266 | in each deal. Serial numbers printed on a deal of instant bingo |
| 267 | tickets may not be repeated by the manufacturer on the same |
| 268 | form for a period of 3 years. |
| 269 | (d) The serial number for each deal must be clearly and |
| 270 | legibly placed on the outside of each deal's package, box, or |
| 271 | other container. |
| 272 | (e) Instant bingo tickets manufactured, sold, or |
| 273 | distributed in this state must comply with the applicable |
| 274 | standards on pull-tabs of the North American Gaming Regulators |
| 275 | Association, as amended. |
| 276 | (f) Except as provided under paragraph (e), an instant |
| 277 | bingo ticket manufactured, sold, or distributed in this state |
| 278 | must: |
| 279 | 1. Be manufactured so that it is not possible to identify |
| 280 | whether it is a winning or losing instant bingo ticket until it |
| 281 | has been opened by the player as intended. |
| 282 | 2. Be manufactured using at least a two-ply paper stock |
| 283 | construction so that the instant bingo ticket is opaque. |
| 284 | 3. Have the form number, the deal's serial number, and |
| 285 | the name or logo of the manufacturer conspicuously printed on |
| 286 | the face or cover of the instant bingo ticket. |
| 287 | 4. Have a form of winner protection that allows the |
| 288 | organization to verify, after the instant bingo ticket has been |
| 289 | played, that the winning instant bingo ticket presented for |
| 290 | payment is an authentic winning instant bingo ticket for the |
| 291 | deal in play. The manufacturer shall provide a written |
| 292 | description of the winner protection with each deal of instant |
| 293 | bingo tickets. |
| 294 | (g) Each manufacturer and distributor that sells or |
| 295 | distributes instant bingo tickets in this state to charitable, |
| 296 | nonprofit, or veterans' organizations shall prepare an invoice |
| 297 | that contains the following information: |
| 298 | 1. Date of sale. |
| 299 | 2. Form number and serial number of each deal sold. |
| 300 | 3. Number of instant bingo tickets in each deal sold. |
| 301 | 4. Name of distributor or organization to whom each deal |
| 302 | is sold. |
| 303 | 5. Price of each deal sold. |
| 304 |
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| 305 | All information contained on an invoice must be maintained by |
| 306 | the distributor or manufacturer for 3 years. |
| 307 | (h) The invoice, or a true and accurate copy thereof, must |
| 308 | be on the premises where any deal of instant bingo tickets is |
| 309 | stored or in play. |
| 310 | (14)(13) Any organization or other person who willfully |
| 311 | and knowingly violates any provision of this section commits is |
| 312 | guilty of a misdemeanor of the first degree, punishable as |
| 313 | provided in s. 775.082 or s. 775.083. For a second or subsequent |
| 314 | offense, the organization or other person commits is guilty of a |
| 315 | felony of the third degree, punishable as provided in s. |
| 316 | 775.082, s. 775.083, or s. 775.084. |
| 317 | Section 3. For the purpose of incorporating the amendment |
| 318 | made by this act to section 849.0931, Florida Statutes, in a |
| 319 | reference thereto, section 718.114, Florida Statutes, is |
| 320 | reenacted to read: |
| 321 | 718.114 Association powers.--An association has the power |
| 322 | to enter into agreements, to acquire leaseholds, memberships, |
| 323 | and other possessory or use interests in lands or facilities |
| 324 | such as country clubs, golf courses, marinas, and other |
| 325 | recreational facilities. It has this power whether or not the |
| 326 | lands or facilities are contiguous to the lands of the |
| 327 | condominium, if they are intended to provide enjoyment, |
| 328 | recreation, or other use or benefit to the unit owners. All of |
| 329 | these leaseholds, memberships, and other possessory or use |
| 330 | interests existing or created at the time of recording the |
| 331 | declaration must be stated and fully described in the |
| 332 | declaration. Subsequent to the recording of the declaration, the |
| 333 | association may not acquire or enter into agreements acquiring |
| 334 | these leaseholds, memberships, or other possessory or use |
| 335 | interests except as authorized by the declaration. The |
| 336 | declaration may provide that the rental, membership fees, |
| 337 | operations, replacements, and other expenses are common expenses |
| 338 | and may impose covenants and restrictions concerning their use |
| 339 | and may contain other provisions not inconsistent with this |
| 340 | chapter. A condominium association may conduct bingo games as |
| 341 | provided in s. 849.0931. |
| 342 | Section 4. For the purpose of incorporating the amendment |
| 343 | made by this act to section 849.0931, Florida Statutes, in a |
| 344 | reference thereto, subsection (8) of section 723.079, Florida |
| 345 | Statutes, is reenacted to read: |
| 346 | 723.079 Powers and duties of homeowners' association.-- |
| 347 | (8) Any mobile home owners' association or group of |
| 348 | residents of a mobile home park as defined in this chapter may |
| 349 | conduct bingo games as provided in s. 849.0931. |
| 350 | Section 5. This act shall take effect July 1, 2007. |