Senate Bill 1704

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



    Florida Senate - 2000                                  SB 1704

    By Senators King and Silver





    8-1180-00                                           See HB 851

  1                      A bill to be entitled

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

  3         F.S.; providing requirements with respect to

  4         the conduct of bingo by members of charitable,

  5         nonprofit, or veterans' organizations; revising

  6         definitions; prohibiting tipping of persons

  7         directly or indirectly involved in the conduct

  8         of bingo; revising requirements relating to

  9         prizes, jackpots, and days and times when bingo

10         may be conducted; revising requirements

11         relating to players' responsibilities;

12         prohibiting video or computerized bingo cards;

13         specifying prosecution and increasing penalties

14         of persons conducting unauthorized bingo;

15         allowing counties and municipalities to impose

16         stricter regulations and adopt certain zoning

17         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 announced numbers

31  on the bingo cards or papers which they have been purchased

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






    Florida Senate - 2000                                  SB 1704
    8-1180-00                                           See HB 851




  1  until a player covers or marks an announced sequence of

  2  numbers receives a given order of numbers in sequence that has

  3  been preannounced for that particular game.  The This player

  4  calls out "bingo" and is declared the winner of a

  5  predetermined prize. The player or players are declared

  6  winners upon verification of the proper sequence of numbers

  7  and then awarded the predetermined prize. More than one game

  8  may be played upon a bingo card, and numbers called for a

  9  previous one game may be used for a subsequent succeeding game

10  or games by a predetermined sequence of numbers.

11         (b)  "Bingo card" means a and refers to the flat piece

12  of paper or thin pasteboard displaying preprinted numbers and

13  a unique control number that refers to a particular sequence

14  of numbers. It shall be unlawful to knowingly place into play

15  any bingo card with the same number sequence employed by

16  players engaged in the game of bingo.  The bingo card shall

17  not have not fewer than 24 playing numbers printed on it.  The

18  numbers played on each card shall be These playing numbers

19  shall range from 1 through 75, inclusive.  More than one set

20  of bingo card numbers may be printed on a any single piece of

21  paper.

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

23  means an organization which has qualified for exemption from

24  federal income tax as an exempt organization under the

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

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

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

28  religious, or scholastic works or other similar activities.

29  All such organizations and activities shall have; and which

30  has been in existence and active for a period of 3 years or

31  more in Florida.

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    Florida Senate - 2000                                  SB 1704
    8-1180-00                                           See HB 851




  1         (d)  "Member" means an individual who has qualified for

  2  and has been granted membership in a nonprofit organization

  3  authorized to conduct bingo and has legal voting rights within

  4  said organization. The nonprofit organization must have been

  5  in existence for 3 or more years in this state. It shall be

  6  unlawful to make persons eligible for membership for the

  7  purpose of assisting an organization with the conduct of bingo

  8  games.

  9         (e)(d)  "Objects" means a set of 75 precision round

10  balls that carry the printed letters and numbers as follows:

11  B-1 through B-15, I-16 through I-30, N-31 through N-45, G-46

12  through G-60, and O-61 through O-75. At no time shall there be

13  more or less than 75 objects involved in the playing of any

14  bingo game or combination of games. 75 balls or other

15  precision shapes that are imprinted with letters and numbers

16  in such a way that numbers 1 through 15 are marked with the

17  letter "B," numbers 16 through 30 are marked with the letter

18  "I," numbers 31 through 45 are marked with the letter "N,"

19  numbers 46 through 60 are marked with the letter "G," and

20  numbers 61 through 75 are marked with the letter "O."

21         (f)(e)  "Rack" means the device used to store the drawn

22  and announced numbers until such time that a winner has been

23  properly verified and the game has been declared closed. At

24  that time, the objects must be returned to the receptacle

25  container in which the objects are placed after being drawn

26  and announced.

27         (g)(f)  "Receptacle" means the container from which all

28  numbered objects B-1 through O-75 must be contained prior to

29  beginning a new game or sequence of numbers. At no time shall

30  there be more or less than 75 objects in the receptacle before

31  commencing a new game the objects are drawn or ejected.

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    Florida Senate - 2000                                  SB 1704
    8-1180-00                                           See HB 851




  1         (h)(g)  "Session" means a predetermined number of games

  2  played consecutively in a single calendar day by no more than

  3  one organization designated set of games played in a day or

  4  part of a day.

  5         (i)  "Day" means a period of time beginning at 9 a.m.

  6  and lasting until 12 midnight.

  7         (2)(a)  None of the provisions of this chapter shall be

  8  construed to prohibit or prevent charities, as defined in this

  9  section, charitable, nonprofit, or veterans' organizations

10  engaged in charitable, civic, community, benevolent,

11  religious, or scholastic works or other similar endeavors,

12  which organizations have been in existence and active for a

13  period of 3 years or more, from conducting bingo games,

14  provided that all the entire proceeds derived from the bingo

15  conduct of such games, less actual business expenses relating

16  to the conduct of the bingo games, shall be used for the

17  purposes as defined in this section, and in no case shall such

18  proceeds be used for any other purpose whatsoever for articles

19  designed for and essential to the operation, conduct, and

20  playing of bingo, are donated by such organizations to the

21  endeavors mentioned above. In no case may the net proceeds

22  from the conduct of such games be used for any other purpose

23  whatsoever.  The proceeds derived from the conduct of bingo

24  games shall not be considered solicitation of public

25  donations.

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

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

28  sponsor of a bingo game conducted by another charity as

29  defined in this section, but such organization may only be

30  directly involved in the conduct of such a game as provided in

31  this act. Only members of a nonprofit organization as defined

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    Florida Senate - 2000                                  SB 1704
    8-1180-00                                           See HB 851




  1  in this section may participate in the conduct of any bingo

  2  game or games, regardless of the location of such games or

  3  sessions and regardless of who may own such facility, even if

  4  the facility is owned by another organization authorized to

  5  conduct bingo under this section. Only members of the

  6  authorized charity will be allowed to collect moneys and only

  7  moneys of the authorized nonprofit organization shall be

  8  allowed to bankroll the bingo session. This prohibition does

  9  not include food and drink concession sales, provided that the

10  concession is operated by someone other than the organization

11  conducting the bingo session.

12         (3)  Each person involved in the conduct of bingo must

13  be a resident of this state, must reside within 30 miles of

14  the location where the authorized organization is conducting

15  bingo games, and must be a member of that organization.

16  Tipping of any person involved in the conduct of bingo games

17  is prohibited, as are any monetary considerations given to

18  persons involved in the conduct of bingo games, unless such

19  person or persons have entered into a contract for services in

20  support of bingo and such contract is approved by the

21  sponsoring nonprofit organization conducting bingo. Each

22  organization shall designate one member to be charged with the

23  operational responsibility of the bingo session. The name of

24  that member shall be conspicuously posted so as to be clearly

25  visible to all persons playing bingo during said session. It

26  shall be unlawful for any person involved in the conduct of

27  bingo games or sessions to participate in the playing of bingo

28  during the entire session as defined in this section.

29         (4)(3)  If an organization is not engaged in

30  charitable, civic, community, benevolent, religious, or

31  scholastic works, the authority to conduct bingo games is

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    Florida Senate - 2000                                  SB 1704
    8-1180-00                                           See HB 851




  1  conditioned upon the organization operating bingo games in

  2  compliance with this section, and all proceeds from such bingo

  3  games must be returned to players. Any carryover moneys shall

  4  be distributed back to the players at the organization's next

  5  bingo session. If no further sessions are scheduled and the

  6  organization ceases to exist, all remaining proceeds will be

  7  donated to a charity as defined in this section. This

  8  provision in no way extends the limitation on the number of

  9  games that can be played in a session or day as long as the

10  jackpot limit is not exceeded efforts of the type set out

11  above, its right to conduct bingo games hereunder is

12  conditioned upon the return of all the proceeds from such

13  games to the players in the form of prizes.  If at the

14  conclusion of play on any day during which a bingo game is

15  allowed to be played under this section there remain proceeds

16  which have not been paid out as prizes, the organization

17  conducting the game shall at the next scheduled day of play

18  conduct bingo games without any charge to the players and

19  shall continue to do so until the proceeds carried over from

20  the previous days played have been exhausted.  This provision

21  in no way extends the limitation on the number of prize or

22  jackpot games allowed in one day as provided for in subsection

23  (5).

24         (5)(4)  The authority for right of a condominium

25  association, a cooperative association, a homeowners'

26  association as defined in s. 617.301, a mobile home owners'

27  association, a group of residents of a mobile home park as

28  defined in chapter 723, or a group of residents of a mobile

29  home park or recreational vehicle park as defined in chapter

30  513 to conduct bingo is conditioned upon the return of the net

31  proceeds from such games to players in the form of prizes

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    Florida Senate - 2000                                  SB 1704
    8-1180-00                                           See HB 851




  1  after having deducted the actual business expenses for such

  2  games for articles designed for and essential to the

  3  operation, conduct, and playing of bingo. Any net proceeds

  4  remaining after paying prizes shall may be donated to a bona

  5  fide charity as defined in this section by the association to

  6  a charitable, nonprofit, or veterans' organization which is

  7  exempt from federal income tax under the provisions of s.

  8  501(c) of the Internal Revenue Code to be used in such

  9  recipient organization's charitable, civic, community,

10  benevolent, religious, or scholastic works or similar

11  activities or, in the alternative, such remaining proceeds

12  shall be used as specified in subsection (4) (3).

13         (5)  No jackpot shall exceed the value of $250 in

14  actual money or its equivalent, and there shall be no more

15  than three jackpots in any one session of bingo.

16         (6)  The number of days per week during which

17  organizations authorized hereunder may conduct bingo may not

18  exceed two.

19         (6)(7)  There shall be no more than three jackpots

20  awarded in on any one day or session of bingo by any one

21  nonprofit organization. No more than one session will be

22  allowed at any one location in a single calendar day. No

23  jackpot shall exceed the value of $250 in actual money,

24  prizes, or their equivalent. All other game prizes shall not

25  exceed $50 in money, prizes, or their equivalent. Jackpot and

26  prize limits apply to all bingo games played in a session,

27  whether players are charged to play the specific game or play

28  the game for free.

29         (7)  Bingo may be conducted only between the hours of 9

30  a.m. and 12 midnight. Each bingo session may be sponsored and

31  conducted by only one organization authorized to conduct

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    Florida Senate - 2000                                  SB 1704
    8-1180-00                                           See HB 851




  1  bingo. Authorized organizations may only conduct bingo games a

  2  maximum of 2 days per week, with no more than one session of

  3  bingo in a single calendar day. Prizes may not exceed the

  4  limits established in subsection (6).

  5         (8)  Bingo may not be conducted at any authorized

  6  location more than 4 days per week and no more than four

  7  sessions per week. Jackpots may not exceed 12 per location per

  8  week, nor may they exceed a total of $3,000 per location per

  9  week of play.  All other game prizes shall not exceed $50.

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

11  game must be a resident of the community where the

12  organization is located and a bona fide member of the

13  organization sponsoring such game and may not be compensated

14  in any way for operation of such bingo game.  When bingo games

15  are conducted by a charitable, nonprofit, or veterans'

16  organization, the organization conducting the bingo games

17  shall be required to designate up to three members of that

18  organization to be in charge of the games, one of whom shall

19  be present during the entire session at which the bingo games

20  are conducted.  The organization conducting the bingo games is

21  responsible for posting a notice, which notice states the name

22  of the organization and the designated member or members, in a

23  conspicuous place on the premises at which the session is

24  held.  In no event may a caller in a bingo game be a

25  participant in that bingo game.

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

27  organization involved in the conduct of a bingo game must be

28  located within in the county, or within 30 miles of the

29  location at which such bingo game is being conducted a 15-mile

30  radius of, where the bingo game is located.

31

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    Florida Senate - 2000                                  SB 1704
    8-1180-00                                           See HB 851




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

  2  to play any bingo game or to be inside the authorized location

  3  at which such bingo game is conducted involved in the conduct

  4  of a bingo game in any way.

  5         (b)  Any organization conducting bingo open to the

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

  7  undesirable to the sponsoring organization, but such refusal

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

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

10  handicap.

11         (11)  Bingo games may be held only on the following

12  premises:

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

14  veterans' organization.

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

16  veterans' organization that will benefit by the proceeds.

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

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

19  providing the lease or rental agreement does not provide for

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

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

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

23  charged for similar premises in the same locale. Such rates

24  shall be verified by no less than three comparisons by rental

25  or real estate agents duly licensed to do business in this

26  state, and such comparisons shall be a part of the lease or

27  rental agreement between the lessor and the lessee. For the

28  purposes of this section, a fair rental or lease rate would be

29  $1 per bingo patron per day of play. Such rate includes use of

30  equipment and utilities. Rates charged above the $1 figure

31  shall be considered excessive in Florida's market.

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    Florida Senate - 2000                                  SB 1704
    8-1180-00                                           See HB 851




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

  2  the governing authority has, by appropriate ordinance or

  3  resolution, specifically authorized the use of such property

  4  for the conduct of such games.

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

  6  condominium association, a cooperative association, a

  7  homeowners' association as defined in s. 617.301, a mobile

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

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

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

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

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

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

14  within the condominium, mobile home park, or recreational

15  vehicle park.

16         (12)  Each bingo game shall be conducted in accordance

17  with the following rules:

18         (a)  The objects, whether drawn or ejected, shall be

19  essentially equal as to size, shape, weight, and balance and

20  as to all other characteristics that may control their

21  selection from the receptacle.  The caller shall cancel any

22  game if, during the course of a game, the mechanism used in

23  the drawing or ejection of objects becomes jammed in such a

24  manner as to interfere with the accurate determination of the

25  next number to be announced or if the caller determines that

26  more than one object is labeled with the same number or that

27  there is a number to be drawn without a corresponding object.

28  Any player in a game canceled pursuant to this paragraph shall

29  be permitted to play the next game free of charge.

30         (b)  Prior to commencement of any bingo session, the

31  member in charge shall cause a verification to be made of all

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    Florida Senate - 2000                                  SB 1704
    8-1180-00                                           See HB 851




  1  objects to be placed in the receptacle and shall inspect the

  2  objects in the presence of two or more players, randomly

  3  selected, a disinterested person to ensure that all objects

  4  are present and that there are no duplications or omissions of

  5  numbers on the objects.  Any player shall be entitled to call

  6  for a verification of numbers before, during, and after a

  7  bingo or upon the changing of a caller session.

  8         (c)  The card or sheet on which the game of bingo is

  9  played shall be part of a deck, group, or series, no two of

10  which may be alike in any given game. Video or computerized

11  tracking versions of bingo cards are prohibited.

12         (d)  All numbers shall be visibly displayed after being

13  drawn and before being placed in the rack.

14         (e)  A bona fide bingo shall consist of a predesignated

15  arrangement of numbers on a card or sheet that correspond with

16  the numbers on the objects drawn from the receptacle and

17  announced. Errors in numbers announced or misplaced in the

18  rack may not be recognized as a bingo.

19         (f)  When a caller has started to vocally announce a

20  number, the caller shall complete the call.  If any player has

21  obtained a bingo on a previous number, such player will share

22  the prize with the player or players who gained bingo on the

23  last number called. It is the player's responsibility to call

24  bingo loudly enough for the caller to identify such player and

25  stop the game.

26         (g)  Numbers on the winning cards or sheets shall be

27  announced and verified in the presence of another player.  Any

28  player shall be entitled at the time the winner is determined

29  to call for a verification of numbers drawn. The verification

30  shall be in the presence of the member designated to be in

31  charge of the occasion or, if such person is also the caller,

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    Florida Senate - 2000                                  SB 1704
    8-1180-00                                           See HB 851




  1  in the presence of another an officer listed on the bingo

  2  license of the licensee.

  3         (h)  Upon determining a winner, the caller shall ask,

  4  "Are there any other winners?" If no players reply one

  5  replies, the caller shall declare the game closed.  No other

  6  player is entitled to share the prize unless that player she

  7  or he has declared a bingo prior to the closing of the game

  8  this announcement.

  9         (i)  Seats may not be held or reserved for players by

10  anyone, unless the appropriate charge has been paid for the

11  occupancy of such seat. No person who is a member of the

12  sponsoring organization may reserve or make payment for the

13  purpose of reserving seats for players. A particular section

14  of seats may be held to accommodate individuals possessing

15  physical disabilities until 15 minutes before the start of the

16  session, at which time said section may be occupied by any

17  paying player. Players are permitted, however, to prepay and

18  reserve a particular seat for the next day of play, with the

19  understanding that a no-refund policy may be invoked by the

20  sponsoring organization by an organization or person involved

21  in the conduct of any bingo game for players not present, nor

22  may any cards be set aside, held, or reserved from one session

23  to another for any player.

24         (13)  Any organization or other person who willfully

25  and knowingly violates any provision of this section is guilty

26  of a felony misdemeanor of the third first degree, punishable

27  as provided in s. 775.082, or s. 775.083, or s. 775.084.  For

28  a second or subsequent offense, the organization or other

29  person is guilty of a felony of the first third degree,

30  punishable as provided in s. 775.082, s. 775.083, or s.

31  775.084. This section shall not be construed to prohibit the

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    Florida Senate - 2000                                  SB 1704
    8-1180-00                                           See HB 851




  1  prosecution of persons who are conducting bingo games other

  2  than as authorized by this section under any other applicable

  3  statute.

  4         (14)  The bingo regulations provided in this section

  5  constitute the minimum regulations for bingo conducted in this

  6  state. This section does not prohibit the imposition of

  7  stricter bingo regulations by a county or municipality through

  8  local ordinances designed to protect the public's health,

  9  safety, and welfare and which affect bingo activities in its

10  jurisdiction.

11         Section 2.  This act shall take effect upon becoming a

12  law.

13

14            *****************************************

15                       LEGISLATIVE SUMMARY

16
      Revises provisions that regulate how bingo is conducted.
17    Prohibits tipping of persons conducting bingo games.
      Clarifies language as to who may conduct bingo and
18    timeframes in which bingo may be conducted. Limits number
      of days per week that bingo may be played at any
19    authorized location. Establishes a limit on jackpots to
      be awarded at a session. Limits the amount of money that
20    may be awarded at any location in a given period of time.
      Prohibits video or computerized bingo cards or games.
21    Increases penalties for willful violations of the law.
      Allows for counties and municipalities to enact more
22    stringent regulations and adopt zoning ordinances. (See
      bill for details.)
23

24

25

26

27

28

29

30

31

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