Amendment
Bill No. 1531
Amendment No. 050935
CHAMBER ACTION
Senate House
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1Representative Wishner offered the following:
2
3     Amendment (with title amendment)
4Between line(s) 24 and 25 insert:
5     Section 1.  Sections 1-4 of this act may be known by the
6popular 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
9Statutes, are amended, present subsection (13) of said section
10is renumbered as subsection (14) and amended, and a new
11subsection (13) is added to said section, to read:
12     849.0931  Bingo authorized; conditions for conduct;
13permitted uses of proceeds; limitations.--
14     (1)  As used in this section:
15     (a)  "Bingo game" means and refers to the activity,
16commonly known as "bingo," in which participants pay a sum of
17money for the use of one or more bingo cards. When the game
18commences, numbers are drawn by chance, one by one, and
19announced. The players cover or mark those numbers on the bingo
20cards which they have purchased until a player receives a given
21order of numbers in sequence that has been preannounced for that
22particular game. This player calls out "bingo" and is declared
23the winner of a predetermined prize. More than one game may be
24played upon a bingo card, and numbers called for one game may be
25used for a succeeding game or games.
26     (b)  "Bingo card" means and refers to the flat piece of
27paper or thin pasteboard employed by players engaged in the game
28of bingo. The bingo card shall have not fewer than 24 playing
29numbers printed on it. These playing numbers shall range from 1
30through 75, inclusive. More than one set of bingo numbers may be
31printed on any single piece of paper.
32     (c)  "Charitable, nonprofit, or veterans' organization"
33means an organization which has qualified for exemption from
34federal income tax as an exempt organization under the
35provisions of s. 501(c) of the Internal Revenue Code of 1954 or
36s. 528 of the Internal Revenue Code of 1986, as amended; which
37is engaged in charitable, civic, community, benevolent,
38religious, or scholastic works or other similar activities; and
39which has been in existence and active for a period of 3 years
40or more.
41     (d)  "Deal" means a separate set or package of not more
42than 4,000 instant bingo tickets in which the predetermined
43minimum prize payout is at least 65 percent of the total
44receipts from the sale of the entire deal.
45     (e)  "Instant bingo" means a game that is played using
46tickets by which a player wins a prize by opening and removing a
47cover from the ticket to reveal a set of numbers, letters,
48objects, or patterns, some of which have been predesignated in
49advance as prize winners.
50     (f)(d)  "Objects" means a set of 75 balls or other
51precision shapes that are imprinted with letters and numbers in
52such a way that numbers 1 through 15 are marked with the letter
53"B," numbers 16 through 30 are marked with the letter "I,"
54numbers 31 through 45 are marked with the letter "N," numbers 46
55through 60 are marked with the letter "G," and numbers 61
56through 75 are marked with the letter "O."
57     (g)(e)  "Rack" means the container in which the objects are
58placed after being drawn and announced.
59     (h)(f)  "Receptacle" means the container from which the
60objects are drawn or ejected.
61     (i)(g)  "Session" means a designated set of games played in
62a day or part of a day.
63     (2)(a)  None of the provisions of this chapter shall be
64construed to prohibit or prevent charitable, nonprofit, or
65veterans' organizations engaged in charitable, civic, community,
66benevolent, religious, or scholastic works or other similar
67endeavors, which organizations have been in existence and active
68for a period of 3 years or more, from conducting bingo games or
69instant bingo, provided the entire proceeds derived from the
70conduct of such games, less actual business expenses for
71articles designed for and essential to the operation, conduct,
72and playing of bingo or instant bingo, are donated by such
73organizations to the endeavors mentioned above. In no case may
74the net proceeds from the conduct of such games be used for any
75other purpose whatsoever. The proceeds derived from the conduct
76of bingo games or instant bingo shall not be considered
77solicitation of public donations.
78     (b)  It is the express intent of the Legislature that no
79charitable, nonprofit, or veterans' organization serve as a
80sponsor of a bingo game or instant bingo conducted by another,
81but such organization may only be directly involved in the
82conduct of such a game as provided in this act.
83     (5)  Except for instant bingo prizes, which are limited to
84those displayed on the ticket, a no jackpot may not shall exceed
85the value of $250 in actual money or its equivalent, and there
86may not shall be no more than three jackpots in any one session
87of bingo.
88     (7)  Except for instant bingo prizes, which are limited to
89those displayed on the ticket, there may not shall be no more
90than three jackpots on any one day of play. All other game
91prizes may shall not exceed $50.
92     (8)  Each person involved in the conduct of any bingo game
93or instant bingo must be a resident of the community where the
94organization is located and a bona fide member of the
95organization sponsoring such game and may not be compensated in
96any way for operation of such bingo game. When bingo games or
97instant bingo are conducted by a charitable, nonprofit, or
98veterans' organization, the organization conducting the bingo
99games must shall be required to designate up to three members of
100that organization to be in charge of the games, one of whom must
101shall be present during the entire session at which the bingo
102games are conducted. The organization conducting the bingo games
103is responsible for posting a notice, which notice states the
104name of the organization and the designated member or members,
105in a conspicuous place on the premises at which the session is
106held or instant bingo is played. In no event may A caller in a
107bingo game may not be a participant in that bingo game.
108     (9)  Every charitable, nonprofit, or veterans' organization
109involved in the conduct of a bingo game or instant bingo must be
110located in the county, or within a 15-mile radius of, where the
111bingo game or instant bingo is located.
112     (10)(a)  No one under 18 years of age shall be allowed to
113play any bingo game or instant bingo or be involved in the
114conduct of a bingo game or instant bingo in any way.
115     (b)  Any organization conducting bingo open to the public
116may refuse entry to any person who is objectionable or
117undesirable to the sponsoring organization, but such refusal of
118entry shall not be on the basis of race, creed, color, religion,
119sex, national origin, marital status, or physical handicap.
120     (11)  Bingo games or instant bingo may be held only on the
121following premises:
122     (a)  Property owned by the charitable, nonprofit, or
123veterans' organization.
124     (b)  Property owned by the charitable, nonprofit, or
125veterans' organization that will benefit by the proceeds.
126     (c)  Property leased for a period of not less than 1 year
127by a charitable, nonprofit, or veterans' organization, providing
128the lease or rental agreement does not provide for the payment
129of a percentage of the proceeds generated at such premises to
130the lessor or any other party and providing the rental rate for
131such premises does not exceed the rental rates charged for
132similar premises in the same locale.
133     (d)  Property owned by a municipality or a county when the
134governing authority has, by appropriate ordinance or resolution,
135specifically authorized the use of such property for the conduct
136of such games.
137     (e)  With respect to bingo games conducted by a condominium
138association, a cooperative association, a homeowners'
139association as defined in s. 720.301, a mobile home owners'
140association, a group of residents of a mobile home park as
141defined in chapter 723, or a group of residents of a mobile home
142park or recreational vehicle park as defined in chapter 513,
143property owned by the association, property owned by the
144residents of the mobile home park or recreational vehicle park,
145or property which is a common area located within the
146condominium, mobile home park, or recreational vehicle park.
147     (13)(a)  Instant bingo tickets must be sold at the price
148printed on the ticket by the manufacturer, not to exceed $1.
149Discounts may not be given for purchases of multiple tickets,
150nor may tickets be given away free of charge.
151     (b)  The sets of numbers, letters, objects, or patterns
152that have been predesignated by the manufacturer as winning
153combinations for a deal of instant bingo tickets must be posted
154before the sale of any tickets from that deal.
155     (c)  Each instant bingo ticket in a deal must bear the same
156serial number and there may not be more than one serial number
157in each deal. Serial numbers printed on a deal of instant bingo
158tickets may not be repeated by the manufacturer on the same form
159for a period of 3 years.
160     (d)  The serial number for each deal must be clearly and
161legibly placed on the outside of each deal's package, box, or
162other container.
163     (e)  Instant bingo tickets manufactured, sold, or
164distributed in this state must comply with the applicable
165mandatory standards on pull-tabs of the North American Gaming
166Regulators Association, as amended.
167     (f)  Except as provided under paragraph (e), an instant
168bingo ticket manufactured, sold, or distributed in this state
169must:
170     1.  Be manufactured so that it is not possible to identify
171whether it is a winning or losing instant bingo ticket until it
172has been opened by the player as intended.
173     2.  Be manufactured using at least a two-ply paper stock
174construction so that the instant bingo ticket is opaque.
175     3.  Have the form number, the deal's serial number, and the
176name or logo of the manufacturer conspicuously printed on the
177face or cover of the instant bingo ticket.
178     4.  Have a form of winner protection that allows the
179organization to verify, after the instant bingo ticket has been
180played, that the winning instant bingo ticket presented for
181payment is an authentic winning instant bingo ticket for the
182deal in play. The manufacturer shall provide a written
183description of the winner protection with each deal of instant
184bingo tickets.
185     (g)  Each manufacturer and distributor that sells or
186distributes instant bingo tickets in this state to charitable,
187nonprofit, or veterans' organizations shall prepare an invoice
188that 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
193is sold.
194     5.  Price of each deal sold.
195
196All information contained on an invoice must be maintained by
197the distributor or manufacturer for 3 years.
198     (h)  The invoice, or a true and accurate copy thereof, must
199be on the premises where any deal of instant bingo tickets is
200stored or in play.
201     (i)  The Department of the Lottery shall keep a list of at
202least six qualified instant bingo ticket manufacturers that are
203authorized to sell instant bingo tickets within the state. The
204Department of the Lottery shall process all applications to be
205placed on the list of instant bingo ticket manufacturers
206pursuant to s. 120.60. A distributor or charitable, nonprofit,
207or veterans' organization may not purchase, distribute, or sell
208instant bingo tickets manufactured by any manufacturer other
209than those qualified instant bingo ticket manufacturers listed
210by the Department of the Lottery.
211     (14)(13)  Any organization or other person who willfully
212and knowingly violates any provision of this section commits is
213guilty of a misdemeanor of the first degree, punishable as
214provided in s. 775.082 or s. 775.083. For a second or subsequent
215offense, the organization or other person commits is guilty of a
216felony of the third degree, punishable as provided in s.
217775.082, s. 775.083, or s. 775.084.
218     Section 3.  Effective July 1, 2004, for the purpose of
219incorporating the amendment to section 849.0931, Florida
220Statutes, in a reference thereto, section 718.114, Florida
221Statutes, is reenacted to read:
222     718.114  Association powers.--An association has the power
223to enter into agreements, to acquire leaseholds, memberships,
224and other possessory or use interests in lands or facilities
225such as country clubs, golf courses, marinas, and other
226recreational facilities. It has this power whether or not the
227lands or facilities are contiguous to the lands of the
228condominium, if they are intended to provide enjoyment,
229recreation, or other use or benefit to the unit owners. All of
230these leaseholds, memberships, and other possessory or use
231interests existing or created at the time of recording the
232declaration must be stated and fully described in the
233declaration. Subsequent to the recording of the declaration, the
234association may not acquire or enter into agreements acquiring
235these leaseholds, memberships, or other possessory or use
236interests except as authorized by the declaration. The
237declaration may provide that the rental, membership fees,
238operations, replacements, and other expenses are common expenses
239and may impose covenants and restrictions concerning their use
240and may contain other provisions not inconsistent with this
241chapter. A condominium association may conduct bingo games as
242provided in s. 849.0931.
243     Section 4.  Effective July 1, 2004, for the purpose of
244incorporating the amendment to section 849.0931, Florida
245Statutes, in a reference thereto, subsection (8) of section
246723.079, 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
249residents of a mobile home park as defined in this chapter may
250conduct bingo games as provided in s. 849.0931.
251
252================ T I T L E  A M E N D M E N T =============
253     Remove line(s) 2 and insert:
254An act relating to games and gaming; providing a popular
255name; amending s. 849.0931, F.S.; defining the terms
256"deal" and "instant bingo"; providing rules for the
257operation of instant bingo games; providing penalties;
258providing requirements for the manufacture and sale of
259instant bingo tickets; providing duties of the Department
260of the Lottery; reenacting ss. 718.114 and 723.079(8),
261F.S., relating to condominium and homeowners'
262associations, to incorporate the amendment to s. 849.0931,
263F.S., in references thereto; amending s.


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