HB 0393 2003
1	A bill to be entitled
2	An act relating to bingo; providing a popular name;
3	amending s. 849.0931, F.S.; defining the terms "instant
4	bingo" and "deal"; providing rules for the operation of
5	instant bingo games; providing penalties; providing an
6	effective date.
7
8	Be It Enacted by the Legislature of the State of Florida:
9
10	Section 1.This act shall be known by the popular name the
11	"Evelyn Wiesman-Price Act."
12	Section 2. Subsections (1), (2), (5), (7), (8), (9), (10),
13	and (11) of section 849.0931, Florida Statutes, are amended,
14	present subsection (13) of that section is renumbered as
15	subsection (14), and a new subsection (13) is added to that
16	section, to read:
17	849.0931 Bingo authorized; conditions for conduct;
18	permitted uses of proceeds; limitations.--
19	(1) As used in this section:
20	(a) "Bingo game" means and refers to the activity,
21	commonly known as "bingo," in which participants pay a sum of
22	money for the use of one or more bingo cards. When the game
23	commences, numbers are drawn by chance, one by one, and
24	announced. The players cover or mark those numbers on the bingo
25	cards which they have purchased until a player receives a given
26	order of numbers in sequence that has been preannounced for that
27	particular game. This player calls out "bingo" and is declared
28	the winner of a predetermined prize. More than one game may be
29	played upon a bingo card, and numbers called for one game may be
30	used for a succeeding game or games.
31	(b) "Bingo card" means and refers to the flat piece of
32	paper or thin pasteboard employed by players engaged in the game
33	of bingo. The bingo card shall have not fewer than 24 playing
34	numbers printed on it. These playing numbers shall range from 1
35	through 75, inclusive. More than one set of bingo numbers may
36	be printed on any single piece of paper.
37	(c) "Charitable, nonprofit, or veterans' organization"
38	means an organization which has qualified for exemption from
39	federal income tax as an exempt organization under the
40	provisions of s. 501(c) of the Internal Revenue Code of 1954 or
41	s. 528 of the Internal Revenue Code of 1986, as amended; which
42	is engaged in charitable, civic, community, benevolent,
43	religious, or scholastic works or other similar activities; and
44	which has been in existence and active for a period of 3 years
45	or more.
46	(d) "Deal" means a separate set or package of not more
47	than 4,000 instant bingo tickets in which the predetermined
48	minimum prize payout is at least 65 percent of the total
49	receipts from the sale of the entire deal.
50	(e) "Instant bingo" means a game that is played using
51	tickets by which a player wins a prize by opening and removing a
52	cover from the ticket to reveal a set of numbers, letters,
53	objects, or patterns, some of which have been predesignated in
54	advance as prize winners.
55	(f)(d)"Objects" means a set of 75 balls or other
56	precision shapes that are imprinted with letters and numbers in
57	such a way that numbers 1 through 15 are marked with the letter
58	"B," numbers 16 through 30 are marked with the letter "I,"
59	numbers 31 through 45 are marked with the letter "N," numbers 46
60	through 60 are marked with the letter "G," and numbers 61
61	through 75 are marked with the letter "O."
62	(g)(e)"Rack" means the container in which the objects are
63	placed after being drawn and announced.
64	(h)(f)"Receptacle" means the container from which the
65	objects are drawn or ejected.
66	(i)(g)"Session" means a designated set of games played in
67	a day or part of a day.
68	(2)(a) None of the provisions of this chapter shall be
69	construed to prohibit or prevent charitable, nonprofit, or
70	veterans' organizations engaged in charitable, civic, community,
71	benevolent, religious, or scholastic works or other similar
72	endeavors, which organizations have been in existence and active
73	for a period of 3 years or more, from conducting bingo gamesor
74	instant bingo, provided the entire proceeds derived from the
75	conduct of such games, less actual business expenses for
76	articles designed for and essential to the operation, conduct,
77	and playing of bingoor instant bingo, are donated by such
78	organizations to the endeavors mentioned above. In no case may
79	the net proceeds from the conduct of such games be used for any
80	other purpose whatsoever. The proceeds derived from the conduct
81	of bingo gamesor instant bingoshall not be considered
82	solicitation of public donations.
83	(b) It is the express intent of the Legislature that no
84	charitable, nonprofit, or veterans' organization serve as a
85	sponsor of a bingo gameor instant bingoconducted by another,
86	but such organization may only be directly involved in the
87	conduct of such a game as provided in this act.
88	(5)Except for instant bingo prizes, which are limited to
89	those displayed on the ticket,no jackpotmayshallexceed the
90	value of $250 in actual money or its equivalent, and there shall
91	be no more than three jackpots in any one session of bingo.
92	(7)Except for instant bingo prizes, which are limited to
93	those displayed on the ticket,there shall be no more than three
94	jackpots on any one day of play. All other game prizesmay
95	shallnot exceed $50.
96	(8) Each person involved in the conduct of any bingo game
97	or instant bingomust be a resident of the community where the
98	organization is located and a bona fide member of the
99	organization sponsoring such game and may not be compensated in
100	any way for operation of suchbingogame. When bingo gamesor
101	instant bingoare conducted by a charitable, nonprofit, or
102	veterans' organization, the organization conducting thebingo
103	games shall be required to designate up to three members of that
104	organization to be in charge of the games, one of whom shall be
105	present during the entire session at which thebingogames are
106	conducted. The organization conducting thebingogames is
107	responsible for posting a notice, which notice states the name
108	of the organization and the designated member or members, in a
109	conspicuous place on the premises at which the session is held
110	or instant bingo is played. In no event may a caller in a bingo
111	game be a participant in that bingo game.
112	(9) Every charitable, nonprofit, or veterans' organization
113	involved in the conduct of a bingo gameor instant bingomust be
114	located in the county, or within a 15-mile radius of, where the
115	bingo gameor instant bingois located.
116	(10)(a) No one under 18 years of age shall be allowed to
117	play any bingo gameor instant bingoor be involved in the
118	conduct of a bingo gameor instant bingoin any way.
119	(b) Any organization conducting bingo open to the public
120	may refuse entry to any person who is objectionable or
121	undesirable to the sponsoring organization, but such refusal of
122	entry shall not be on the basis of race, creed, color, religion,
123	sex, national origin, marital status, or physical handicap.
124	(11) Bingo gamesor instant bingomay be held only on the
125	following premises:
126	(a) Property owned by the charitable, nonprofit, or
127	veterans' organization.
128	(b) Property owned by the charitable, nonprofit, or
129	veterans' organization that will benefit by the proceeds.
130	(c) Property leased for a period of not less than 1 year
131	by a charitable, nonprofit, or veterans' organization, providing
132	the lease or rental agreement does not provide for the payment
133	of a percentage of the proceeds generated at such premises to
134	the lessor or any other party and providing the rental rate for
135	such premises does not exceed the rental rates charged for
136	similar premises in the same locale.
137	(d) Property owned by a municipality or a county when the
138	governing authority has, by appropriate ordinance or resolution,
139	specifically authorized the use of such property for the conduct
140	of such games.
141	(e) With respect to bingo games conducted by a condominium
142	association, a cooperative association, a homeowners'
143	association as defined in s. 720.301, a mobile home owners'
144	association, a group of residents of a mobile home park as
145	defined in chapter 723, or a group of residents of a mobile home
146	park or recreational vehicle park as defined in chapter 513,
147	property owned by the association, property owned by the
148	residents of the mobile home park or recreational vehicle park,
149	or property which is a common area located within the
150	condominium, mobile home park, or recreational vehicle park.
151	(13)(a) Instant bingo tickets must be sold at the price
152	printed on the ticket by the manufacturer, not to exceed $1.
153	Discounts may not be given for purchases of multiple tickets,
154	nor may tickets be given away free of charge.
155	(b) The sets of numbers, letters, objects, or patterns
156	that have been predesignated by the manufacturer as winning
157	combinations for a deal of instant bingo tickets must be posted
158	before the sale of any tickets from that deal.
159	(c) Each instant bingo ticket in a deal must bear the same
160	serial number and there may not be more than one serial number
161	in each deal. No serial number printed on a deal of instant
162	bingo tickets may be repeated by the manufacturer on the same
163	form for a period of 3 years.
164	(d) The serial number for each deal must be clearly and
165	legibly placed on the outside of each deal's package, box, or
166	other container.
167	(e) Instant bingo tickets manufactured, sold, or
168	distributed in this state must comply with the standards on
169	pull-tabs of the North American Gaming Regulators Association,
170	as amended from time to time.
171	(f) Except as provided under paragraph (e), an instant
172	bingo ticket manufactured, sold or distributed in this state
173	must:
174	1. Be manufactured so that it is not possible to identify
175	whether it is a winning or losing instant bingo ticket until it
176	has been opened by the player as intended;
177	2. Be manufactured using at least a two-ply paper stock
178	construction so that the instant bingo ticket is opaque;
179	3. Have the form number, the deal's serial number, and the
180	name or logo of the manufacturer conspicuously printed on the
181	face or cover of the instant bingo ticket; and
182	4. Have a form of winner protection that allows the
183	organization to verify, after the instant bingo ticket has been
184	played, that the winning instant bingo ticket presented for
185	payment is an authentic winning instant bingo ticket for the
186	deal in play. The manufacturer shall provide a written
187	description of the winner protection with each deal of instant
188	bingo tickets.
189	(g) Each manufacturer and distributor that sells or
190	distributes instant bingo tickets in this state to charitable,
191	nonprofit, or veterans' organizations shall prepare an invoice
192	that contains the following information:
193	1. Date of sale;
194	2. Form number and the serial number of each deal sold;
195	3. Number of instant bingo tickets in each deal sold;
196	4. Name of distributor or organization to whom each deal
197	is sold; and
198	5. Price of each deal sold.
199
200	All information contained on an invoice must be maintained by
201	the distributor or manufacturer for a period of 3 years.
202	(h) The invoice, or a true and accurate copy thereof, must
203	be on the premises where any deal of instant bingo tickets is
204	stored or in play.
205	(i) The Department of the Lottery shall keep a list of no
206	fewer than six qualified instant bingo ticket manufacturers that
207	are authorized to sell instant bingo tickets within the state.
208	No distributor or charitable, nonprofit, or veterans'
209	organizations shall purchase, distribute, or sell instant bingo
210	tickets manufactured by any manufacturer other than those
211	qualified instant bingo ticket manufacturers listed by the
212	Department of the Lottery.
213	(14)(13)Any organization or other person who willfully
214	and knowingly violates any provision of this section is guilty
215	of a misdemeanor of the first degree, punishable as provided in
216	s. 775.082 or s. 775.083. For a second or subsequent offense,
217	the organization or other person is guilty of a felony of the
218	third degree, punishable as provided in s. 775.082, s. 775.083,
219	or s. 775.084.
220	Section 3. This act shall take effect July 1, 2003.
221