| 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. |