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

House Bill 3237

Florida House of Representatives - 1998 HB 3237 By Representative Stabins 1 A bill to be entitled 2 An act relating to bingo; amending s. 849.0931, 3 F.S., which provides requirements for the 4 conduct of bingo; revising definitions; 5 providing requirements with respect to the 6 conduct of bingo by members of charitable, 7 nonprofit, or veterans' organizations; 8 prohibiting tipping of persons conducting bingo 9 games; revising requirements relating to 10 prizes, days and times when bingo may be 11 conducted, and players' responsibilities; 12 prohibiting video or computerized bingo cards; 13 specifying construction regarding prosecution 14 of persons conducting unauthorized bingo; 15 specifying that counties and municipalities may 16 impose stricter regulations and adopt certain 17 zoning ordinances; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. Section 849.0931, Florida Statutes, is 22 amended to read: 23 849.0931 Bingo authorized; conditions for conduct; 24 permitted uses of proceeds; limitations.-- 25 (1) As used in this section: 26 (a) "Bingo game" means and refers to the activity, 27 commonly known as "bingo," in which participants pay a sum of 28 money for the use of one or more bingo cards. When the game 29 commences, numbers are drawn by chance, one by one, and 30 announced. The players cover or mark those numbers on the 31 bingo cards which they have purchased until a player receives 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3237 535-174-98 1 a given order of numbers in sequence that has been 2 preannounced for that particular game. This player calls out 3 "bingo" and is declared the winner of a predetermined prize. 4 More than one game may be played upon a bingo card, and 5 numbers called for one game may be used for a succeeding game 6 or games. 7 (b) "Bingo card" means and refers to the flat piece of 8 paper or thin pasteboard employed by players engaged in the 9 game of bingo. The bingo card shall have not fewer than 24 10 playing numbers printed on it. These playing numbers shall 11 range from 1 through 75, inclusive. More than one set of 12 bingo numbers may be printed on any single piece of paper. 13 (c) "Charitable, nonprofit, or veterans' organization" 14 means an organization which has qualified for exemption from 15 federal income tax as an exempt organization under the 16 provisions of s. 501(c) of the Internal Revenue Code of 1954 17 or s. 528 of the Internal Revenue Code of 1986, as amended; 18 which is engaged in charitable, civic, community, benevolent, 19 religious, or scholastic works or other similar activities; 20 and which has been in existence and active for a period of 3 21 years or more. 22 (d) "Member" means an individual who has qualified for 23 and has been granted membership in an organization authorized 24 to conduct bingo or a bona fide auxiliary of that organization 25 pursuant to its bylaws, articles of incorporation, charter, 26 rules, or other written statement. 27 (e)(d) "Objects" means a set of 75 balls or other 28 precision shapes that are imprinted with letters and numbers 29 in such a way that numbers 1 through 15 are marked with the 30 letter "B," numbers 16 through 30 are marked with the letter 31 "I," numbers 31 through 45 are marked with the letter "N," 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3237 535-174-98 1 numbers 46 through 60 are marked with the letter "G," and 2 numbers 61 through 75 are marked with the letter "O." 3 (f)(e) "Rack" means the container in which the objects 4 are placed after being drawn and announced. 5 (g)(f) "Receptacle" means the container from which the 6 objects are drawn or ejected. 7 (h)(g) "Session" means a designated set of games 8 played in a day or part of a day. 9 (2)(a) None of the provisions of this chapter shall be 10 construed to prohibit or prevent charitable, nonprofit, or 11 veterans' organizations engaged in charitable, civic, 12 community, benevolent, religious, or scholastic works or other 13 similar endeavors, which organizations have been in existence 14 and active for a period of 3 years or more, from conducting 15 bingo games, provided the entire proceeds derived from the 16 conduct of such games, less actual business expenses for 17 articles designed for and essential to the operation, conduct, 18 and playing of bingo, are donated by such organizations to the 19 endeavors mentioned above. In no case may the net proceeds 20 from the conduct of such games be used for any other purpose 21 whatsoever. The proceeds derived from the conduct of bingo 22 games shall not be considered solicitation of public 23 donations. 24 (b) It is the express intent of the Legislature that 25 no charitable, nonprofit, or veterans' organization serve as a 26 sponsor of a bingo game conducted by another. Only members of 27 the organization conducting a bingo session may take part in 28 the conduct of the bingo session, regardless of the location 29 at which the bingo session is conducted and regardless of who 30 owns such facility, even if the facility is owned by another 31 organization authorized to conduct bingo. Under no 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3237 535-174-98 1 circumstance may anyone other than a member of the 2 organization which conducts a bingo session be involved in 3 collecting or distributing the fee charged the players for 4 participating in the bingo session, regardless of the location 5 used for conducting the session. This prohibition does not 6 include food and drink concession sales, if the concession is 7 operated by someone other than the organization conducting the 8 bingo session, but such organization may only be directly 9 involved in the conduct of such a game as provided in this 10 act. 11 (3)(8) Each person involved in the conduct of any 12 bingo game must be a resident of the community where the 13 organization is located and a bona fide member of the 14 organization conducting sponsoring such game and may not be 15 compensated in any way for operation of such bingo game. 16 Tipping such persons is prohibited. When bingo games are 17 conducted by a charitable, nonprofit, or veterans' 18 organization, the organization conducting the bingo games 19 shall be required to designate one member up to three members 20 of that organization to be in charge of the games, and that 21 person one of whom shall be present during the entire session 22 at which the bingo games are conducted. The organization 23 conducting the bingo games is responsible for posting a 24 notice, which notice states the name of the organization and 25 the designated member or members conducting the bingo games, 26 in a conspicuous place on the premises at which the session is 27 held. In no event may a caller or any other worker in a bingo 28 game be a participant in that bingo game. 29 (4)(3) If an organization is not engaged in 30 charitable, civic, community, benevolent, religious, or 31 scholastic works efforts of the type set out above, its 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3237 535-174-98 1 authority right to conduct bingo games hereunder is 2 conditioned upon the return of all the proceeds from such 3 games to the players in the form of prizes. If at the 4 conclusion of play on any day during which a bingo game is 5 allowed to be played under this section there remain proceeds 6 which have not been paid out as prizes, the organization 7 conducting the game shall at the next scheduled day of play 8 conduct bingo games without any charge to the players and 9 shall continue to do so until the proceeds carried over from 10 the previous days played have been exhausted. This provision 11 in no way extends the limitation on the number of prize or 12 jackpot games allowed in one day as provided for in subsection 13 (6) (5). 14 (5)(4) The authority right of a condominium 15 association, a mobile home owners' association, a group of 16 residents of a mobile home park as defined in chapter 723, or 17 a group of residents of a mobile home park or recreational 18 vehicle park as defined in chapter 513 to conduct bingo is 19 conditioned upon the return of the net proceeds from such 20 games to players in the form of prizes after having deducted 21 the actual business expenses for such games for articles 22 designed for and essential to the operation, conduct, and 23 playing of bingo. Any net proceeds remaining after paying 24 prizes may be donated by the association to a charitable, 25 nonprofit, or veterans' organization which is exempt from 26 federal income tax under the provisions of s. 501(c) of the 27 Internal Revenue Code to be used in such recipient 28 organization's charitable, civic, community, benevolent, 29 religious, or scholastic works or similar activities or, in 30 the alternative, such remaining proceeds shall be used as 31 specified in subsection (4) (3). 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3237 535-174-98 1 (6)(5) No jackpot shall exceed the value of $250 in 2 actual money or its equivalent, and There shall be no more 3 than three jackpots awarded in any one day or session of bingo 4 by any organization. No jackpot shall exceed the value of $250 5 in actual money or its equivalent. All other game prizes shall 6 not exceed $50. Jackpot and prize limits apply to all bingo 7 games played in a session, whether players are charged to play 8 the specific game or play the game for free. 9 (7)(6) Bingo may be conducted only between the hours 10 of 10 a.m. and 12 midnight. Each bingo session may be 11 sponsored and conducted by only one organization authorized to 12 conduct bingo. No more than one session may be held on any 13 given day at any given location. Only one organization 14 authorized to conduct bingo may conduct bingo at any given 15 location on any one day. An organization authorized to conduct 16 bingo may conduct bingo a maximum of two days per week. The 17 number of days per week during which organizations authorized 18 hereunder may conduct bingo may not exceed two. 19 (7) There shall be no more than three jackpots on any 20 one day of play. All other game prizes shall not exceed $50. 21 (8)(9) Every charitable, nonprofit, or veterans' 22 organization involved in the conduct of a bingo game must be 23 located in the county, or within a 15-mile radius of, where 24 the bingo game is located. 25 (9)(10)(a) No one under 18 years of age shall be 26 allowed to play any bingo game or be involved in the conduct 27 of a bingo game in any way. 28 (b) Any organization conducting bingo open to the 29 public may refuse entry to any person who is objectionable or 30 undesirable to the sponsoring organization, but such refusal 31 of entry shall not be on the basis of race, creed, color, 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3237 535-174-98 1 religion, sex, national origin, marital status, or physical 2 handicap. 3 (10)(11) Bingo games may be held only on the following 4 premises: 5 (a) Property owned by the charitable, nonprofit, or 6 veterans' organization. 7 (b) Property owned by the charitable, nonprofit, or 8 veterans' organization that will benefit by the proceeds. 9 (c) Property leased for a period of not less than 1 10 year by a charitable, nonprofit, or veterans' organization, 11 providing the lease or rental agreement does not provide for 12 the payment of a percentage of the proceeds generated at such 13 premises to the lessor or any other party and providing the 14 rental rate for such premises does not exceed the rental rates 15 charged for similar premises in the same locale. 16 (d) Property owned by a municipality or a county when 17 the governing authority has, by appropriate ordinance or 18 resolution, specifically authorized the use of such property 19 for the conduct of such games. 20 (e) With respect to bingo games conducted by a 21 condominium association, a mobile home owners' association, a 22 group of residents of a mobile home park as defined in chapter 23 723, or a group of residents of a mobile home park or 24 recreational vehicle park as defined in chapter 513, property 25 owned by the association, property owned by the residents of 26 the mobile home park or recreational vehicle park, or property 27 which is a common area located within the condominium, mobile 28 home park, or recreational vehicle park. 29 (11)(12) Each bingo game shall be conducted in 30 accordance with the following rules: 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3237 535-174-98 1 (a) The objects, whether drawn or ejected, shall be 2 essentially equal as to size, shape, weight, and balance and 3 as to all other characteristics that may control their 4 selection from the receptacle. The caller shall cancel any 5 game if, during the course of a game, the mechanism used in 6 the drawing or ejection of objects becomes jammed in such a 7 manner as to interfere with the accurate determination of the 8 next number to be announced or if the caller determines that 9 more than one object is labeled with the same number or that 10 there is a number to be drawn without a corresponding object. 11 Any player in a game canceled pursuant to this paragraph shall 12 be permitted to play the next game free of charge. 13 (b) Prior to commencement of any bingo session, the 14 member in charge shall cause a verification to be made of all 15 objects to be placed in the receptacle and shall inspect the 16 objects in the presence of a disinterested person to ensure 17 that all objects are present and that there are no 18 duplications or omissions of numbers on the objects. Any 19 player shall be entitled to call for a verification of numbers 20 before, during, and after a session. 21 (c) The card or sheet on which the game is played 22 shall be part of a deck, group, or series, no two of which may 23 be alike in any given game. Video or computerized tracking 24 versions of bingo cards are prohibited. 25 (d) All numbers shall be visibly displayed after being 26 drawn and before being placed in the rack. 27 (e) A bona fide bingo shall consist of a predesignated 28 arrangement of numbers on a card or sheet that correspond with 29 the numbers on the objects drawn from the receptacle and 30 announced. Errors in numbers announced or misplaced in the 31 rack may not be recognized as a bingo. 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3237 535-174-98 1 (f) When a caller has started to vocally announce a 2 number, the caller shall complete the call. If any player has 3 obtained a bingo on a previous number, such player will share 4 the prize with the player who gained bingo on the last number 5 called. It is the responsibility of the bingo player to call 6 bingo loudly enough for the caller to stop the game. 7 (g) Numbers on the winning cards or sheets shall be 8 announced and verified in the presence of another player. Any 9 player shall be entitled at the time the 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 in the presence of an officer of the licensee. 14 (h) Upon determining a winner, the caller shall ask, 15 "Are there any other winners?" If no one replies, the caller 16 shall declare the game closed. No other player is entitled to 17 share the prize unless she or he has declared a bingo prior to 18 this announcement. 19 (i) Seats may not be held or reserved by an 20 organization or person involved in the conduct of any bingo 21 game for players not present, nor may any cards be set aside, 22 held, or reserved from one session to another for any player. 23 (12)(13) Any organization or other person who 24 willfully and knowingly violates any provision of this section 25 is guilty of a misdemeanor of the first degree, punishable as 26 provided in s. 775.082 or s. 775.083. For a second or 27 subsequent offense, the organization or other person is guilty 28 of a felony of the third degree, punishable as provided in s. 29 775.082, s. 775.083, or s. 775.084. This section shall not be 30 construed to prohibit the prosecution of persons who are 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3237 535-174-98 1 conducting bingo other than as authorized by this section 2 under any other applicable statute. 3 (13) The bingo regulations provided in this section 4 constitute the minimum regulations for bingo conducted in this 5 state. This section does not prohibit the imposition of 6 additional stricter bingo regulations by a county or 7 municipality through local ordinance. A local government may 8 also adopt zoning ordinances designed to protect the public's 9 health, safety, and welfare which affect bingo activities in 10 its jurisdiction. 11 Section 2. This act shall take effect upon becoming a 12 law. 13 14 ***************************************** 15 HOUSE SUMMARY 16 Revises provisions which regulate the conduct of bingo. 17 Provides requirements with respect to the conduct of bingo by members of charitable, nonprofit, or veterans' 18 organizations. Prohibits tipping of persons conducting bingo games. Revises requirements relating to prizes, 19 days and times when bingo may be conducted, and players' responsibilities. Prohibits video or computerized bingo 20 cards. Specifies construction regarding prosecution of persons conducting unauthorized bingo, and specifies that 21 counties and municipalities may impose stricter regulations and adopt certain zoning ordinances. 22 23 24 25 26 27 28 29 30 31 10