Senate Bill sb2130
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 2130
By Senator Latvala
19-71B-01
1 A bill to be entitled
2 An act relating to bingo; amending s. 849.0931,
3 F.S.; providing definitions; authorizing
4 additional groups and organizations to conduct
5 bingo games; requiring certain representatives
6 of sponsoring organizations to be present
7 during the operation of games; prohibiting
8 certain tipping and requiring certain itemized
9 cost disclosures; requiring the sharing of
10 prizes in certain situations; providing for the
11 adoption of stricter county ordinances;
12 providing penalties; providing an effective
13 date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 849.0931, Florida Statutes, is
18 amended to read:
19 849.0931 Bingo authorized; conditions for conduct;
20 permitted uses of proceeds; limitations.--
21 (1) As used in this section, the term:
22 (a) "Authorized organization" means an organization
23 authorized by law to operate bingo games.
24 (b)(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 and which is a
27 form of legal gambling that must be conducted in compliance
28 with this section. When the game commences, numbers are drawn
29 by chance, one by one, and announced. The players cover or
30 mark those numbers on the bingo cards that which they have
31 purchased until a player receives a given order of numbers in
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 2130
19-71B-01
1 a pattern sequence that has been predesignated preannounced
2 for that particular game. This player calls out "bingo" and
3 is declared the winner of a predetermined prize. More than
4 one game may be played upon a bingo card, and numbers called
5 for one game may be used for a succeeding game or games that
6 have additional patterns.
7 (c)(b) "Bingo card" means and refers to the flat piece
8 of paper or thin pasteboard employed by players engaged in the
9 game of bingo. The bingo card shall have not have fewer than
10 24 playing numbers printed on it. These playing numbers must
11 shall range from 1 through 75, inclusive. More than one set
12 of bingo numbers may be printed on any single piece of paper.
13 (d)(c) "Charitable, nonprofit, or veterans'
14 organization" means an organization that which has qualified
15 for exemption from federal income tax as an exempt
16 organization under the provisions of s. 501(c) of the Internal
17 Revenue Code of 1954 or s. 528 of the Internal Revenue Code of
18 1986, as amended; which is engaged in charitable, civic,
19 community, benevolent, religious, or scholastic works or other
20 similar activities; and which has been in existence and active
21 for a period of 3 years or more.
22 (e)(d) "Objects" means a set of 75 balls or other
23 precision shapes that are imprinted with letters and numbers
24 in such a way that numbers 1 through 15 are marked with the
25 letter "B," numbers 16 through 30 are marked with the letter
26 "I," numbers 31 through 45 are marked with the letter "N,"
27 numbers 46 through 60 are marked with the letter "G," and
28 numbers 61 through 75 are marked with the letter "O."
29 (f)(e) "Rack" means the container in which the objects
30 are placed after being drawn and announced.
31
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 2130
19-71B-01
1 (g)(f) "Receptacle" means the container from which the
2 objects are drawn or ejected.
3 (h)(g) "Session" means a designated set of games by a
4 single sponsor played in a day or part of a day.
5 (i) "Unauthorized organization" means any organization
6 other than one defined in paragraph (a).
7 (2)(a) A None of the provisions of this chapter shall
8 be construed to prohibit or prevent charitable, nonprofit, or
9 veterans' organization may conduct organizations engaged in
10 charitable, civic, community, benevolent, religious, or
11 scholastic works or other similar endeavors, which
12 organizations have been in existence and active for a period
13 of 3 years or more, from conducting bingo games if, provided
14 the entire proceeds derived from the conduct of such games,
15 less actual business expenses for articles designed for and
16 essential to the operation, conduct, and playing of bingo, are
17 donated by such organizations to the charitable, civic,
18 community, benevolent, religious, or scholastic works or other
19 similar activities of the organization endeavors mentioned
20 above. In no case may The net proceeds from the conduct of
21 such games may not be used for any other purpose whatsoever.
22 The proceeds derived from the conduct of bingo games that are
23 played or conducted by an authorized organization are shall
24 not be considered solicitation of public donations.
25 (b) It is the express intent of the Legislature that a
26 no charitable, nonprofit, or veterans' organization shall not
27 serve as a sponsor of a bingo game charitable, nonprofit, or
28 veterans' organization serve as a sponsor of a bingo game
29 conducted by another, but such organization shall may only be
30 directly involved in the conduct of such a game as provided in
31 this section act.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 2130
19-71B-01
1 (3) If an organization is not engaged in efforts of
2 the type set out above, its right to conduct bingo games
3 hereunder is conditioned upon the return of all the proceeds
4 from such games to the players in the form of prizes. If at
5 the conclusion of play on any day during which a bingo game is
6 allowed to be played under this section there remain proceeds
7 which have not been paid out as prizes, the organization
8 conducting the game shall at the next scheduled day of play
9 conduct bingo games without any charge to the players and
10 shall continue to do so until the proceeds carried over from
11 the previous days played have been exhausted. This provision
12 in no way extends the limitation on the number of prize or
13 jackpot games allowed in one day as provided for in subsection
14 (5).
15 (3)(4) The right of a condominium association, a
16 cooperative association, a homeowners' association as defined
17 in s. 720.301 s. 702.301, a mobile home owners' association, a
18 group of residents of a mobile home park as defined in chapter
19 723, or a group of residents of a mobile home park or
20 recreational vehicle park as defined in chapter 513, an
21 intermediate care facility for the developmentally disabled as
22 defined in s. 400.960(12), an adult day care center as defined
23 in s. 400.551(1), an assisted living facility as defined in s.
24 400.402(6), a nursing facility as defined in s. 400.021(8), a
25 multi-service senior center as described in s. 430.206, or a
26 continuing care facility as defined in s. 651.011(2) and (5)
27 to conduct bingo pursuant to this chapter is conditioned upon
28 the return of the net proceeds from such games to players in
29 the form of prizes after having deducted the actual business
30 expenses for such games for articles designed for and
31 essential to the operation, conduct, and playing of bingo. Any
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 2130
19-71B-01
1 net proceeds remaining after paying prizes shall may be
2 donated by the authorized organization association charitable,
3 nonprofit, or veterans' organization which is exempt from
4 federal income tax under the provisions of s. 501(c) of the
5 Internal Revenue Code to be used in such recipient
6 organization's charitable, civic, community, benevolent,
7 religious, or scholastic works or similar activities or, in
8 the alternative, such remaining proceeds shall be used as
9 specified in subsection (3).
10 (4)(5) A No jackpot shall not exceed the value of $250
11 in actual money or its equivalent, and there shall not be no
12 more than three jackpots in any one session of bingo.
13 (5)(6) The number of days per week during which
14 authorized organizations authorized hereunder may conduct
15 bingo shall may not exceed two.
16 (6)(7) There shall be no more than three jackpots on
17 any one day of play. All Other game prizes shall not exceed
18 $50.
19 (7)(8) Each person involved in the conduct of a any
20 bingo game must be a resident of the community where the
21 authorized organization sponsoring the game is located and a
22 bona fide member of the organization who is properly enrolled
23 and has either paid dues or otherwise complied with the
24 membership requirements of the organization's charter or
25 by-laws. A person sponsoring such game and may not be tipped
26 or compensated in any way for operating or assisting with the
27 operation of the such bingo game. When bingo games are
28 conducted by a charitable, nonprofit, or veterans'
29 organization, the authorized organization conducting the bingo
30 games must shall be required to designate up to three members
31 of that organization to be in charge of the games, one of whom
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 2130
19-71B-01
1 must shall be present during the entire session at which the
2 bingo games are conducted. All other authorized organizations
3 must designate at least one member of the organization to be
4 in charge and present during the entire session at which bingo
5 games are conducted. The authorized organization conducting
6 the bingo games is responsible for posting a notice, which
7 notice states the name of the organization and identifies the
8 designated member or members in charge of that bingo session,
9 in a conspicuous place on the premises at which the session is
10 held. The authorized organization shall have complete control
11 of the game and its financial operations. In no event may A
12 caller in a bingo game may not be a participant in that bingo
13 game while calling, and, if a caller stops calling and
14 participates in a game, he may not return to calling many
15 subsequently games during that session.
16 (8)(9) Every authorized charitable, nonprofit, or
17 veterans' organization involved in the conduct of a bingo game
18 must be located in the county, or within a 15-mile radius of,
19 where the bingo game is located.
20 (9)(10)(a) A person No one under 18 years of age shall
21 not be allowed to play any bingo game or be involved in the
22 conduct of a bingo game in any way.
23 (b) Any organization conducting bingo games open to
24 the public may refuse entry to any person who is objectionable
25 or undesirable to the sponsoring organization, but such
26 refusal of entry shall not be on the basis of race, creed,
27 color, religion, sex, national origin, marital status, or
28 physical handicap.
29 (10)(11) Bingo games may be held only on the following
30 premises:
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 2130
19-71B-01
1 (a) Property owned by the charitable, nonprofit, or
2 veterans' organization.
3 (b) Property owned by the charitable, nonprofit, or
4 veterans' organization that will benefit by the proceeds.
5 (c) Property leased for a period of not less than 1
6 year by a charitable, nonprofit, or veterans' organization, if
7 providing the lease or rental agreement does not provide for
8 the payment of a percentage of the proceeds generated at such
9 premises to the lessor or any other party and if providing the
10 rental rate charged to each of the sponsors for such premises,
11 including any per-diem charges for utilities, equipment, or
12 other furnishings, which must be separately itemized, does not
13 exceed the rental rates charged to similar entities for the
14 property for other uses or for similar premises in the same
15 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 cooperative association, a
22 homeowners' association as defined in s. 720.301, a mobile
23 home owners' association, a group of residents of a mobile
24 home park as defined in chapter 723, or a group of residents
25 of a mobile home park or recreational vehicle park as defined
26 in chapter 513, an intermediate care facility for the
27 developmentally disabled as defined in s. 400.960(12), an
28 adult day care center as defined in s. 400.551(1), an assisted
29 living facility as defined in s. 400.402(6), a nursing
30 facility as defined in s. 400.021(8), a multi-service senior
31 center as described in s. 430.206, a continuing care facility
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 2130
19-71B-01
1 as defined in s. 651.011(2) and (5), property owned by the
2 association, facility, or center, property owned by the
3 residents of the mobile home park or recreational vehicle
4 park, or property that which is a common area located within
5 the condominium, mobile home park, or recreational vehicle
6 park, facility, or center.
7 (11)(12) Each bingo game shall be conducted in
8 accordance with the following rules:
9 (a) The objects, whether drawn or ejected, shall be
10 essentially equal as to size, shape, weight, and balance and
11 as to all other characteristics that may control their
12 selection from the receptacle. The caller shall cancel any
13 game if, during the course of a game, the mechanism used in
14 the drawing or ejection of objects becomes jammed in such a
15 manner as to interfere with the accurate determination of the
16 next number to be announced or if the caller determines that
17 more than one object is labeled with the same number or that
18 there is a number to be drawn without a corresponding object.
19 Any player in a game canceled pursuant to this paragraph may
20 shall be permitted to play the next game free of charge.
21 (b) Prior to commencement of any bingo session, the
22 member in charge shall cause a verification to be made of all
23 objects to be placed in the receptacle and shall inspect the
24 objects in the presence of a disinterested person to ensure
25 that all objects are present and that there are no
26 duplications or omissions of numbers on the objects. Any
27 player may shall be entitled to call for a verification of
28 numbers before, during, or and after a session.
29 (c) The card or sheet on which the game is played must
30 shall be part of a deck, group, or series, no two of which may
31 be alike in any given game.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 2130
19-71B-01
1 (d) All numbers must shall be visibly displayed after
2 being drawn and before being placed in the rack.
3 (e) A bona fide bingo consists shall consist of a
4 predesignated pattern arrangement of numbers on a card or
5 sheet that correspond with the numbers on the objects drawn
6 from the receptacle and announced. Errors in numbers announced
7 or misplaced in the rack will may not be recognized as a
8 bingo.
9 (f) When a caller has started to vocally announce a
10 letter or number, the caller shall complete the call. Each
11 player who has a bona fide bingo before that game closes is
12 entitled to an equal share of the prize for that game. If any
13 player has obtained a bingo on a previous number, such player
14 will share the prize with the player who gained bingo on the
15 last number called.
16 (g) Numbers on the winning cards or sheets shall be
17 announced and verified in the presence of another player. Any
18 player may shall be entitled at the time the winner is
19 determined, to call for a verification of numbers drawn. The
20 verification shall be in the presence of the member designated
21 to be in charge of the occasion or, if such person is also the
22 caller, in the presence of three players who have no financial
23 interest in the result of the verification an officer of the
24 licensee.
25 (h) Upon determining a winner, the caller shall ask,
26 "Are there any other winners?" If no one replies, the caller
27 shall declare the game closed. No other player is entitled to
28 share the prize unless she or he has declared a bingo prior to
29 this announcement.
30 (i) Seats may not be held or reserved by an
31 organization or person involved in the conduct of any bingo
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 2130
19-71B-01
1 game for players not present, nor may any cards be set aside,
2 held, or reserved from one session to another for any player.
3 (12) A county may adopt ordinances for the regulation
4 of bingo which are more restrictive than those prescribed in
5 this section.
6 (13) Any organization, whether authorized or
7 unauthorized, or other person who willfully and knowingly
8 violates any provision of this section is guilty of a
9 misdemeanor of the first degree, punishable as provided in s.
10 775.082 or s. 775.083. For a second or subsequent offense,
11 the organization or other person is guilty of a felony of the
12 third degree, punishable as provided in s. 775.082, s.
13 775.083, or s. 775.084.
14 Section 2. This act shall take effect July 1, 2001.
15
16 *****************************************
17 SENATE SUMMARY
18 Revises provisions relating to the regulation of bingo
games. Allows additional organizations and groups to
19 conduct bingo games. Requires certain representatives of
such organizations to be present during game operations.
20 Prohibits such persons from receiving certain
compensation and requires certain itemized cost
21 disclosures. Provides for prize sharing and for the
adoption of more restrictive county ordinances.
22
23
24
25
26
27
28
29
30
31
10
CODING: Words stricken are deletions; words underlined are additions.