Senate Bill sb0182c1

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    Florida Senate - 2002                            CS for SB 182

    By the Committee on Criminal Justice; and Senator Silver





    307-1785-02

  1                      A bill to be entitled

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

  3         F.S.; defining the terms "instant bingo" and

  4         "package"; providing rules for the operation of

  5         instant bingo games; providing penalties;

  6         providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsections (1), (2), (5), (6), (7), (8),

11  (9), (10), and (11) of section 849.0931, Florida Statutes, are

12  amended, present subsection (13) of that section is renumbered

13  as subsection (14), and a new subsection (13) is added to that

14  section, to read:

15         849.0931  Bingo authorized; conditions for conduct;

16  permitted uses of proceeds; limitations.--

17         (1)  As used in this section:

18         (a)  "Bingo game" means and refers to the activity,

19  commonly known as "bingo," in which participants pay a sum of

20  money for the use of one or more bingo cards.  When the game

21  commences, numbers are drawn by chance, one by one, and

22  announced. The players cover or mark those numbers on the

23  bingo cards which they have purchased until a player receives

24  a given order of numbers in sequence that has been

25  preannounced for that particular game.  This player calls out

26  "bingo" and is declared the winner of a predetermined prize.

27  More than one game may be played upon a bingo card, and

28  numbers called for one game may be used for a succeeding game

29  or games.

30         (b)  "Bingo card" means and refers to the flat piece of

31  paper or thin pasteboard employed by players engaged in the

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    Florida Senate - 2002                            CS for SB 182
    307-1785-02




  1  game of bingo.  The bingo card shall have not fewer than 24

  2  playing numbers printed on it.  These playing numbers shall

  3  range from 1 through 75, inclusive.  More than one set of

  4  bingo numbers may be printed on any single piece of paper.

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

  6  means an organization which has qualified for exemption from

  7  federal income tax as an exempt organization under the

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

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

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

11  religious, or scholastic works or other similar activities;

12  and which has been in existence and active for a period of 3

13  years or more.

14         (d)  "Instant bingo" means a game that is played using

15  tickets by which a player wins a prize by opening and removing

16  a cover from the ticket to reveal a set of numbers, letters,

17  objects, or patterns, some of which have been predesignated in

18  advance as prize winners.

19         (e)(d)  "Objects" means a set of 75 balls or other

20  precision shapes that are imprinted with letters and numbers

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

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

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

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

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

26         (f)  "Package" means a separate set of not more than

27  4,000 instant bingo tickets in which the predetermined minimum

28  prize payout is at least 65 percent of the total receipts from

29  the sale of the entire package.

30         (g)(e)  "Rack" means the container in which the objects

31  are placed after being drawn and announced.

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    Florida Senate - 2002                            CS for SB 182
    307-1785-02




  1         (h)(f)  "Receptacle" means the container from which the

  2  objects are drawn or ejected.

  3         (i)(g)  "Session" means a designated set of games

  4  played in a day or part of a day.

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

  6  construed to prohibit or prevent charitable, nonprofit, or

  7  veterans' organizations engaged in charitable, civic,

  8  community, benevolent, religious, or scholastic works or other

  9  similar endeavors, which organizations have been in existence

10  and active for a period of 3 years or more, from conducting

11  bingo games or instant bingo, provided the entire proceeds

12  derived from the conduct of such games, less actual business

13  expenses for articles designed for and essential to the

14  operation, conduct, and playing of bingo or instant bingo, are

15  donated by such organizations to the endeavors mentioned

16  above. In no case may the net proceeds from the conduct of

17  such games be used for any other purpose whatsoever.  The

18  proceeds derived from the conduct of bingo games or instant

19  bingo shall not be considered solicitation of public

20  donations.

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

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

23  sponsor of a bingo game or instant bingo conducted by another,

24  but such organization may only be directly involved in the

25  conduct of such a game as provided in this act.

26         (5)  Except for instant bingo prizes, which are limited

27  to those displayed on the ticket, no jackpot may shall exceed

28  the value of $250 in actual money or its equivalent, and there

29  shall be no more than three jackpots in any one session of

30  bingo.

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    Florida Senate - 2002                            CS for SB 182
    307-1785-02




  1         (6)  Except for instant bingo, which is not limited by

  2  this subsection, the number of days per week during which

  3  organizations authorized hereunder may conduct bingo may not

  4  exceed two.

  5         (7)  Except for instant bingo prizes, which are limited

  6  to those displayed on the ticket, there shall be no more than

  7  three jackpots on any one day of play.  All other game prizes

  8  may shall not exceed $50.

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

10  game or instant bingo must be a resident of the community

11  where the organization is located and a bona fide member of

12  the organization sponsoring such game and may not be

13  compensated in any way for operation of such bingo game.  When

14  bingo games or instant bingo are conducted by a charitable,

15  nonprofit, or veterans' organization, the organization

16  conducting the bingo games shall be required to designate up

17  to three members of that organization to be in charge of the

18  games, one of whom shall be present during the entire session

19  at which the bingo games are conducted.  The organization

20  conducting the bingo games is responsible for posting a

21  notice, which notice states the name of the organization and

22  the designated member or members, in a conspicuous place on

23  the premises at which the session is held or instant bingo is

24  played.  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 or

28  instant bingo must be located in the county, or within a

29  15-mile radius of, where the bingo game or instant bingo is

30  located.

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    Florida Senate - 2002                            CS for SB 182
    307-1785-02




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

  2  to play any bingo game or instant bingo or be involved in the

  3  conduct of a bingo game or instant bingo in any way.

  4         (b)  Any organization conducting bingo open to the

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

  6  undesirable to the sponsoring organization, but such refusal

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

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

  9  handicap.

10         (11)  Bingo games or instant bingo may be held only on

11  the following premises:

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

13  veterans' organization.

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

15  veterans' organization that will benefit by the proceeds.

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

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

18  providing the lease or rental agreement does not provide for

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

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

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

22  charged for similar premises in the same locale.

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

24  the governing authority has, by appropriate ordinance or

25  resolution, specifically authorized the use of such property

26  for the conduct of such games.

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

28  condominium association, a cooperative association, a

29  homeowners' association as defined in s. 720.301, a mobile

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

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

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    Florida Senate - 2002                            CS for SB 182
    307-1785-02




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

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

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

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

  5  within the condominium, mobile home park, or recreational

  6  vehicle park.

  7         (13)(a)  Instant bingo tickets must be sold at the

  8  price printed on the ticket, not to exceed $1. Discounts may

  9  not be given for purchases of multiple tickets, nor may

10  tickets be given away free of charge.

11         (b)  The sets of numbers, letters, objects, or patterns

12  that have been predesignated as winning combinations for a

13  package of bingo tickets must be posted before the sale of any

14  tickets from that package.

15         (14)(13)  Any organization or other person who

16  willfully and knowingly violates any provision of this section

17  is guilty of a misdemeanor of the first degree, punishable as

18  provided in s. 775.082 or s. 775.083.  For a second or

19  subsequent offense, the organization or other person is guilty

20  of a felony of the third degree, punishable as provided in s.

21  775.082, s. 775.083, or s. 775.084.

22         Section 2.  This act shall take effect July 1, 2002.

23

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 182

26

27  Provides conforming language to other subsections of s.
    849.0931, F.S., to clarify that a charitable, nonprofit, or
28  veterans' organization that meets the current statutory
    requirements to be authorized to conduct bingo games can also
29  sell instant bingo tickets.

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