1 | Representative Wishner offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between line(s) 24 and 25 insert: |
5 | Section 1. Sections 1-4 of this act may be known by the |
6 | popular name the "Evelyn Wiesman-Price Act." |
7 | Section 2. Effective July 1, 2004, subsections (1), (2), |
8 | (5), (7), (8), (9), (10), and (11) of section 849.0931, Florida |
9 | Statutes, are amended, present subsection (13) of said section |
10 | is renumbered as subsection (14) and amended, and a new |
11 | subsection (13) is added to said section, to read: |
12 | 849.0931 Bingo authorized; conditions for conduct; |
13 | permitted uses of proceeds; limitations.-- |
14 | (1) As used in this section: |
15 | (a) "Bingo game" means and refers to the activity, |
16 | commonly known as "bingo," in which participants pay a sum of |
17 | money for the use of one or more bingo cards. When the game |
18 | commences, numbers are drawn by chance, one by one, and |
19 | announced. The players cover or mark those numbers on the bingo |
20 | cards which they have purchased until a player receives a given |
21 | order of numbers in sequence that has been preannounced for that |
22 | particular game. This player calls out "bingo" and is declared |
23 | the winner of a predetermined prize. More than one game may be |
24 | played upon a bingo card, and numbers called for one game may be |
25 | used for a succeeding game or games. |
26 | (b) "Bingo card" means and refers to the flat piece of |
27 | paper or thin pasteboard employed by players engaged in the game |
28 | of bingo. The bingo card shall have not fewer than 24 playing |
29 | numbers printed on it. These playing numbers shall range from 1 |
30 | through 75, inclusive. More than one set of bingo numbers may be |
31 | printed on any single piece of paper. |
32 | (c) "Charitable, nonprofit, or veterans' organization" |
33 | means an organization which has qualified for exemption from |
34 | federal income tax as an exempt organization under the |
35 | provisions of s. 501(c) of the Internal Revenue Code of 1954 or |
36 | s. 528 of the Internal Revenue Code of 1986, as amended; which |
37 | is engaged in charitable, civic, community, benevolent, |
38 | religious, or scholastic works or other similar activities; and |
39 | which has been in existence and active for a period of 3 years |
40 | or more. |
41 | (d) "Deal" means a separate set or package of not more |
42 | than 4,000 instant bingo tickets in which the predetermined |
43 | minimum prize payout is at least 65 percent of the total |
44 | receipts from the sale of the entire deal. |
45 | (e) "Instant bingo" means a game that is played using |
46 | tickets by which a player wins a prize by opening and removing a |
47 | cover from the ticket to reveal a set of numbers, letters, |
48 | objects, or patterns, some of which have been predesignated in |
49 | advance as prize winners. |
50 | (f)(d) "Objects" means a set of 75 balls or other |
51 | precision shapes that are imprinted with letters and numbers in |
52 | such a way that numbers 1 through 15 are marked with the letter |
53 | "B," numbers 16 through 30 are marked with the letter "I," |
54 | numbers 31 through 45 are marked with the letter "N," numbers 46 |
55 | through 60 are marked with the letter "G," and numbers 61 |
56 | through 75 are marked with the letter "O." |
57 | (g)(e) "Rack" means the container in which the objects are |
58 | placed after being drawn and announced. |
59 | (h)(f) "Receptacle" means the container from which the |
60 | objects are drawn or ejected. |
61 | (i)(g) "Session" means a designated set of games played in |
62 | a day or part of a day. |
63 | (2)(a) None of the provisions of this chapter shall be |
64 | construed to prohibit or prevent charitable, nonprofit, or |
65 | veterans' organizations engaged in charitable, civic, community, |
66 | benevolent, religious, or scholastic works or other similar |
67 | endeavors, which organizations have been in existence and active |
68 | for a period of 3 years or more, from conducting bingo games or |
69 | instant bingo, provided the entire proceeds derived from the |
70 | conduct of such games, less actual business expenses for |
71 | articles designed for and essential to the operation, conduct, |
72 | and playing of bingo or instant bingo, are donated by such |
73 | organizations to the endeavors mentioned above. In no case may |
74 | the net proceeds from the conduct of such games be used for any |
75 | other purpose whatsoever. The proceeds derived from the conduct |
76 | of bingo games or instant bingo shall not be considered |
77 | solicitation of public donations. |
78 | (b) It is the express intent of the Legislature that no |
79 | charitable, nonprofit, or veterans' organization serve as a |
80 | sponsor of a bingo game or instant bingo conducted by another, |
81 | but such organization may only be directly involved in the |
82 | conduct of such a game as provided in this act. |
83 | (5) Except for instant bingo prizes, which are limited to |
84 | those displayed on the ticket, a no jackpot may not shall exceed |
85 | the value of $250 in actual money or its equivalent, and there |
86 | may not shall be no more than three jackpots in any one session |
87 | of bingo. |
88 | (7) Except for instant bingo prizes, which are limited to |
89 | those displayed on the ticket, there may not shall be no more |
90 | than three jackpots on any one day of play. All other game |
91 | prizes may shall not exceed $50. |
92 | (8) Each person involved in the conduct of any bingo game |
93 | or instant bingo must be a resident of the community where the |
94 | organization is located and a bona fide member of the |
95 | organization sponsoring such game and may not be compensated in |
96 | any way for operation of such bingo game. When bingo games or |
97 | instant bingo are conducted by a charitable, nonprofit, or |
98 | veterans' organization, the organization conducting the bingo |
99 | games must shall be required to designate up to three members of |
100 | that organization to be in charge of the games, one of whom must |
101 | shall be present during the entire session at which the bingo |
102 | games are conducted. The organization conducting the bingo games |
103 | is responsible for posting a notice, which notice states the |
104 | name of the organization and the designated member or members, |
105 | in a conspicuous place on the premises at which the session is |
106 | held or instant bingo is played. In no event may A caller in a |
107 | bingo game may not be a participant in that bingo game. |
108 | (9) Every charitable, nonprofit, or veterans' organization |
109 | involved in the conduct of a bingo game or instant bingo must be |
110 | located in the county, or within a 15-mile radius of, where the |
111 | bingo game or instant bingo is located. |
112 | (10)(a) No one under 18 years of age shall be allowed to |
113 | play any bingo game or instant bingo or be involved in the |
114 | conduct of a bingo game or instant bingo in any way. |
115 | (b) Any organization conducting bingo open to the public |
116 | may refuse entry to any person who is objectionable or |
117 | undesirable to the sponsoring organization, but such refusal of |
118 | entry shall not be on the basis of race, creed, color, religion, |
119 | sex, national origin, marital status, or physical handicap. |
120 | (11) Bingo games or instant bingo may be held only on the |
121 | following premises: |
122 | (a) Property owned by the charitable, nonprofit, or |
123 | veterans' organization. |
124 | (b) Property owned by the charitable, nonprofit, or |
125 | veterans' organization that will benefit by the proceeds. |
126 | (c) Property leased for a period of not less than 1 year |
127 | by a charitable, nonprofit, or veterans' organization, providing |
128 | the lease or rental agreement does not provide for the payment |
129 | of a percentage of the proceeds generated at such premises to |
130 | the lessor or any other party and providing the rental rate for |
131 | such premises does not exceed the rental rates charged for |
132 | similar premises in the same locale. |
133 | (d) Property owned by a municipality or a county when the |
134 | governing authority has, by appropriate ordinance or resolution, |
135 | specifically authorized the use of such property for the conduct |
136 | of such games. |
137 | (e) With respect to bingo games conducted by a condominium |
138 | association, a cooperative association, a homeowners' |
139 | association as defined in s. 720.301, a mobile home owners' |
140 | association, a group of residents of a mobile home park as |
141 | defined in chapter 723, or a group of residents of a mobile home |
142 | park or recreational vehicle park as defined in chapter 513, |
143 | property owned by the association, property owned by the |
144 | residents of the mobile home park or recreational vehicle park, |
145 | or property which is a common area located within the |
146 | condominium, mobile home park, or recreational vehicle park. |
147 | (13)(a) Instant bingo tickets must be sold at the price |
148 | printed on the ticket by the manufacturer, not to exceed $1. |
149 | Discounts may not be given for purchases of multiple tickets, |
150 | nor may tickets be given away free of charge. |
151 | (b) The sets of numbers, letters, objects, or patterns |
152 | that have been predesignated by the manufacturer as winning |
153 | combinations for a deal of instant bingo tickets must be posted |
154 | before the sale of any tickets from that deal. |
155 | (c) Each instant bingo ticket in a deal must bear the same |
156 | serial number and there may not be more than one serial number |
157 | in each deal. Serial numbers printed on a deal of instant bingo |
158 | tickets may not be repeated by the manufacturer on the same form |
159 | for a period of 3 years. |
160 | (d) The serial number for each deal must be clearly and |
161 | legibly placed on the outside of each deal's package, box, or |
162 | other container. |
163 | (e) Instant bingo tickets manufactured, sold, or |
164 | distributed in this state must comply with the applicable |
165 | mandatory standards on pull-tabs of the North American Gaming |
166 | Regulators Association, as amended. |
167 | (f) Except as provided under paragraph (e), an instant |
168 | bingo ticket manufactured, sold, or distributed in this state |
169 | must: |
170 | 1. Be manufactured so that it is not possible to identify |
171 | whether it is a winning or losing instant bingo ticket until it |
172 | has been opened by the player as intended. |
173 | 2. Be manufactured using at least a two-ply paper stock |
174 | construction so that the instant bingo ticket is opaque. |
175 | 3. Have the form number, the deal's serial number, and the |
176 | name or logo of the manufacturer conspicuously printed on the |
177 | face or cover of the instant bingo ticket. |
178 | 4. Have a form of winner protection that allows the |
179 | organization to verify, after the instant bingo ticket has been |
180 | played, that the winning instant bingo ticket presented for |
181 | payment is an authentic winning instant bingo ticket for the |
182 | deal in play. The manufacturer shall provide a written |
183 | description of the winner protection with each deal of instant |
184 | bingo tickets. |
185 | (g) Each manufacturer and distributor that sells or |
186 | distributes instant bingo tickets in this state to charitable, |
187 | nonprofit, or veterans' organizations shall prepare an invoice |
188 | that contains the following information: |
189 | 1. Date of sale. |
190 | 2. Form number and the serial number of each deal sold. |
191 | 3. Number of instant bingo tickets in each deal sold. |
192 | 4. Name of distributor or organization to whom each deal |
193 | is sold. |
194 | 5. Price of each deal sold. |
195 |
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196 | All information contained on an invoice must be maintained by |
197 | the distributor or manufacturer for 3 years. |
198 | (h) The invoice, or a true and accurate copy thereof, must |
199 | be on the premises where any deal of instant bingo tickets is |
200 | stored or in play. |
201 | (i) The Department of the Lottery shall keep a list of at |
202 | least six qualified instant bingo ticket manufacturers that are |
203 | authorized to sell instant bingo tickets within the state. The |
204 | Department of the Lottery shall process all applications to be |
205 | placed on the list of instant bingo ticket manufacturers |
206 | pursuant to s. 120.60. A distributor or charitable, nonprofit, |
207 | or veterans' organization may not purchase, distribute, or sell |
208 | instant bingo tickets manufactured by any manufacturer other |
209 | than those qualified instant bingo ticket manufacturers listed |
210 | by the Department of the Lottery. |
211 | (14)(13) Any organization or other person who willfully |
212 | and knowingly violates any provision of this section commits is |
213 | guilty of a misdemeanor of the first degree, punishable as |
214 | provided in s. 775.082 or s. 775.083. For a second or subsequent |
215 | offense, the organization or other person commits is guilty of a |
216 | felony of the third degree, punishable as provided in s. |
217 | 775.082, s. 775.083, or s. 775.084. |
218 | Section 3. Effective July 1, 2004, for the purpose of |
219 | incorporating the amendment to section 849.0931, Florida |
220 | Statutes, in a reference thereto, section 718.114, Florida |
221 | Statutes, is reenacted to read: |
222 | 718.114 Association powers.--An association has the power |
223 | to enter into agreements, to acquire leaseholds, memberships, |
224 | and other possessory or use interests in lands or facilities |
225 | such as country clubs, golf courses, marinas, and other |
226 | recreational facilities. It has this power whether or not the |
227 | lands or facilities are contiguous to the lands of the |
228 | condominium, if they are intended to provide enjoyment, |
229 | recreation, or other use or benefit to the unit owners. All of |
230 | these leaseholds, memberships, and other possessory or use |
231 | interests existing or created at the time of recording the |
232 | declaration must be stated and fully described in the |
233 | declaration. Subsequent to the recording of the declaration, the |
234 | association may not acquire or enter into agreements acquiring |
235 | these leaseholds, memberships, or other possessory or use |
236 | interests except as authorized by the declaration. The |
237 | declaration may provide that the rental, membership fees, |
238 | operations, replacements, and other expenses are common expenses |
239 | and may impose covenants and restrictions concerning their use |
240 | and may contain other provisions not inconsistent with this |
241 | chapter. A condominium association may conduct bingo games as |
242 | provided in s. 849.0931. |
243 | Section 4. Effective July 1, 2004, for the purpose of |
244 | incorporating the amendment to section 849.0931, Florida |
245 | Statutes, in a reference thereto, subsection (8) of section |
246 | 723.079, Florida Statutes, is reenacted to read: |
247 | 723.079 Powers and duties of homeowners' association.-- |
248 | (8) Any mobile home owners' association or group of |
249 | residents of a mobile home park as defined in this chapter may |
250 | conduct bingo games as provided in s. 849.0931. |
251 |
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252 | ================ T I T L E A M E N D M E N T ============= |
253 | Remove line(s) 2 and insert: |
254 | An act relating to games and gaming; providing a popular |
255 | name; amending s. 849.0931, F.S.; defining the terms |
256 | "deal" and "instant bingo"; providing rules for the |
257 | operation of instant bingo games; providing penalties; |
258 | providing requirements for the manufacture and sale of |
259 | instant bingo tickets; providing duties of the Department |
260 | of the Lottery; reenacting ss. 718.114 and 723.079(8), |
261 | F.S., relating to condominium and homeowners' |
262 | associations, to incorporate the amendment to s. 849.0931, |
263 | F.S., in references thereto; amending s. |