HB 0187 2004
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
6	requirements for the manufacture and sale of instant bingo
7	tickets; providing duties of the Department of the
8	Lottery; reenacting ss. 718.114 and 723.079(8), F.S.,
9	relating to condominiums and homeowners' associations, to
10	incorporate the amendment to s. 849.0931, F.S., in
11	references thereto; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. This act shall be known by the popular name the
16	"Evelyn Wiesman-Price Act."
17	Section 2. Subsections (1), (2), (5), (7), (8), (9), (10),
18	and (11) of section 849.0931, Florida Statutes, are amended,
19	present subsection (13) of said section is renumbered as
20	subsection (14) and amended, and a new subsection (13) is added
21	to said section, to read:
22	849.0931 Bingo authorized; conditions for conduct;
23	permitted uses of proceeds; limitations.--
24	(1) As used in this section:
25	(a) "Bingo game" means and refers to the activity,
26	commonly known as "bingo," in which participants pay a sum of
27	money for the use of one or more bingo cards. When the game
28	commences, numbers are drawn by chance, one by one, and
29	announced. The players cover or mark those numbers on the bingo
30	cards which they have purchased until a player receives a given
31	order of numbers in sequence that has been preannounced for that
32	particular game. This player calls out "bingo" and is declared
33	the winner of a predetermined prize. More than one game may be
34	played upon a bingo card, and numbers called for one game may be
35	used for a succeeding game or games.
36	(b) "Bingo card" means and refers to the flat piece of
37	paper or thin pasteboard employed by players engaged in the game
38	of bingo. The bingo card shall have not fewer than 24 playing
39	numbers printed on it. These playing numbers shall range from 1
40	through 75, inclusive. More than one set of bingo numbers may be
41	printed on any single piece of paper.
42	(c) "Charitable, nonprofit, or veterans' organization"
43	means an organization which has qualified for exemption from
44	federal income tax as an exempt organization under the
45	provisions of s. 501(c) of the Internal Revenue Code of 1954 or
46	s. 528 of the Internal Revenue Code of 1986, as amended; which
47	is engaged in charitable, civic, community, benevolent,
48	religious, or scholastic works or other similar activities; and
49	which has been in existence and active for a period of 3 years
50	or more.
51	(d) "Deal" means a separate set or package of not more
52	than 4,000 instant bingo tickets in which the predetermined
53	minimum prize payout is at least 65 percent of the total
54	receipts from the sale of the entire deal.
55	(e) "Instant bingo" means a game that is played using
56	tickets by which a player wins a prize by opening and removing a
57	cover from the ticket to reveal a set of numbers, letters,
58	objects, or patterns, some of which have been predesignated in
59	advance as prize winners.
60	(f)(d)"Objects" means a set of 75 balls or other
61	precision shapes that are imprinted with letters and numbers in
62	such a way that numbers 1 through 15 are marked with the letter
63	"B," numbers 16 through 30 are marked with the letter "I,"
64	numbers 31 through 45 are marked with the letter "N," numbers 46
65	through 60 are marked with the letter "G," and numbers 61
66	through 75 are marked with the letter "O."
67	(g)(e)"Rack" means the container in which the objects are
68	placed after being drawn and announced.
69	(h)(f)"Receptacle" means the container from which the
70	objects are drawn or ejected.
71	(i)(g)"Session" means a designated set of games played in
72	a day or part of a day.
73	(2)(a) None of the provisions of this chapter shall be
74	construed to prohibit or prevent charitable, nonprofit, or
75	veterans' organizations engaged in charitable, civic, community,
76	benevolent, religious, or scholastic works or other similar
77	endeavors, which organizations have been in existence and active
78	for a period of 3 years or more, from conducting bingo games or
79	instant bingo, provided the entire proceeds derived from the
80	conduct of such games, less actual business expenses for
81	articles designed for and essential to the operation, conduct,
82	and playing of bingo or instant bingo, are donated by such
83	organizations to the endeavors mentioned above. In no case may
84	the net proceeds from the conduct of such games be used for any
85	other purpose whatsoever. The proceeds derived from the conduct
86	of bingo games or instant bingoshall not be considered
87	solicitation of public donations.
88	(b) It is the express intent of the Legislature that no
89	charitable, nonprofit, or veterans' organization serve as a
90	sponsor of a bingo game or instant bingoconducted by another,
91	but such organization may only be directly involved in the
92	conduct of such a game as provided in this act.
93	(5) Except for instant bingo prizes, which are limited to
94	those displayed on the ticket, a no jackpot may not shallexceed
95	the value of $250 in actual money or its equivalent, and there
96	may not shall be nomore than three jackpots in any one session
97	of bingo.
98	(7) Except for instant bingo prizes, which are limited to
99	those displayed on the ticket, there may not shall be nomore
100	than three jackpots on any one day of play. All other game
101	prizes may shallnot exceed $50.
102	(8) Each person involved in the conduct of any bingo game
103	or instant bingomust be a resident of the community where the
104	organization is located and a bona fide member of the
105	organization sponsoring such game and may not be compensated in
106	any way for operation of such bingo game. When bingo games or
107	instant bingoare conducted by a charitable, nonprofit, or
108	veterans' organization, the organization conducting the bingo
109	games must shall be required todesignate up to three members of
110	that organization to be in charge of the games, one of whom must
111	shall be present during the entire session at which the bingo
112	games are conducted. The organization conducting the bingogames
113	is responsible for posting a notice, which notice states the
114	name of the organization and the designated member or members,
115	in a conspicuous place on the premises at which the session is
116	held or instant bingo is played. In no event mayA caller in a
117	bingo game may notbe a participant in that bingo game.
118	(9) Every charitable, nonprofit, or veterans' organization
119	involved in the conduct of a bingo game or instant bingomust be
120	located in the county, or within a 15-mile radius of, where the
121	bingo game or instant bingois located.
122	(10)(a) No one under 18 years of age shall be allowed to
123	play any bingo game or instant bingoor be involved in the
124	conduct of a bingo game or instant bingoin any way.
125	(b) Any organization conducting bingo open to the public
126	may refuse entry to any person who is objectionable or
127	undesirable to the sponsoring organization, but such refusal of
128	entry shall not be on the basis of race, creed, color, religion,
129	sex, national origin, marital status, or physical handicap.
130	(11) Bingo games or instant bingomay be held only on the
131	following premises:
132	(a) Property owned by the charitable, nonprofit, or
133	veterans' organization.
134	(b) Property owned by the charitable, nonprofit, or
135	veterans' organization that will benefit by the proceeds.
136	(c) Property leased for a period of not less than 1 year
137	by a charitable, nonprofit, or veterans' organization, providing
138	the lease or rental agreement does not provide for the payment
139	of a percentage of the proceeds generated at such premises to
140	the lessor or any other party and providing the rental rate for
141	such premises does not exceed the rental rates charged for
142	similar premises in the same locale.
143	(d) Property owned by a municipality or a county when the
144	governing authority has, by appropriate ordinance or resolution,
145	specifically authorized the use of such property for the conduct
146	of such games.
147	(e) With respect to bingo games conducted by a condominium
148	association, a cooperative association, a homeowners'
149	association as defined in s. 720.301, a mobile home owners'
150	association, a group of residents of a mobile home park as
151	defined in chapter 723, or a group of residents of a mobile home
152	park or recreational vehicle park as defined in chapter 513,
153	property owned by the association, property owned by the
154	residents of the mobile home park or recreational vehicle park,
155	or property which is a common area located within the
156	condominium, mobile home park, or recreational vehicle park.
157	(13)(a) Instant bingo tickets must be sold at the price
158	printed on the ticket by the manufacturer, not to exceed $1.
159	Discounts may not be given for purchases of multiple tickets,
160	nor may tickets be given away free of charge.
161	(b) The sets of numbers, letters, objects, or patterns
162	that have been predesignated by the manufacturer as winning
163	combinations for a deal of instant bingo tickets must be posted
164	before the sale of any tickets from that deal.
165	(c) Each instant bingo ticket in a deal must bear the same
166	serial number and there may not be more than one serial number
167	in each deal. Serial numbers printed on a deal of instant bingo
168	tickets may not be repeated by the manufacturer on the same form
169	for a period of 3 years.
170	(d) The serial number for each deal must be clearly and
171	legibly placed on the outside of each deal's package, box, or
172	other container.
173	(e) Instant bingo tickets manufactured, sold, or
174	distributed in this state must comply with the applicable
175	mandatory standards on pull-tabs of the North American Gaming
176	Regulators Association, as amended.
177	(f) Except as provided under paragraph (e), an instant
178	bingo ticket manufactured, sold, or distributed in this state
179	must:
180	1. Be manufactured so that it is not possible to identify
181	whether it is a winning or losing instant bingo ticket until it
182	has been opened by the player as intended.
183	2. Be manufactured using at least a two-ply paper stock
184	construction so that the instant bingo ticket is opaque.
185	3. Have the form number, the deal's serial number, and the
186	name or logo of the manufacturer conspicuously printed on the
187	face or cover of the instant bingo ticket.
188	4. Have a form of winner protection that allows the
189	organization to verify, after the instant bingo ticket has been
190	played, that the winning instant bingo ticket presented for
191	payment is an authentic winning instant bingo ticket for the
192	deal in play. The manufacturer shall provide a written
193	description of the winner protection with each deal of instant
194	bingo tickets.
195	(g) Each manufacturer and distributor that sells or
196	distributes instant bingo tickets in this state to charitable,
197	nonprofit, or veterans' organizations shall prepare an invoice
198	that contains the following information:
199	1. Date of sale.
200	2. Form number and the serial number of each deal sold.
201	3. Number of instant bingo tickets in each deal sold.
202	4. Name of distributor or organization to whom each deal
203	is sold.
204	5. Price of each deal sold.
205
206	All information contained on an invoice must be maintained by
207	the distributor or manufacturer for 3 years.
208	(h) The invoice, or a true and accurate copy thereof, must
209	be on the premises where any deal of instant bingo tickets is
210	stored or in play.
211	(i) The Department of the Lottery shall keep a list of at
212	least six qualified instant bingo ticket manufacturers that are
213	authorized to sell instant bingo tickets within the state. The
214	Department of the Lottery shall process all applications to be
215	placed on the list of instant bingo ticket manufacturers
216	pursuant to s. 120.60. A distributor or charitable, nonprofit,
217	or veterans' organization may not purchase, distribute, or sell
218	instant bingo tickets manufactured by any manufacturer other
219	than those qualified instant bingo ticket manufacturers listed
220	by the Department of the Lottery.
221	(14)(13)Any organization or other person who willfully
222	and knowingly violates any provision of this section commits is
223	guilty ofa misdemeanor of the first degree, punishable as
224	provided in s. 775.082 or s. 775.083. For a second or
225	subsequent offense, the organization or other person commits is
226	guilty ofa felony of the third degree, punishable as provided
227	in s. 775.082, s. 775.083, or s. 775.084.
228	Section 3. For the purpose of incorporating the amendment
229	to section 849.0931, Florida Statutes, in references thereto,
230	section 718.114, Florida Statutes, is reenacted to read:
231	718.114 Association powers.--An association has the power
232	to enter into agreements, to acquire leaseholds, memberships,
233	and other possessory or use interests in lands or facilities
234	such as country clubs, golf courses, marinas, and other
235	recreational facilities. It has this power whether or not the
236	lands or facilities are contiguous to the lands of the
237	condominium, if they are intended to provide enjoyment,
238	recreation, or other use or benefit to the unit owners. All of
239	these leaseholds, memberships, and other possessory or use
240	interests existing or created at the time of recording the
241	declaration must be stated and fully described in the
242	declaration. Subsequent to the recording of the declaration, the
243	association may not acquire or enter into agreements acquiring
244	these leaseholds, memberships, or other possessory or use
245	interests except as authorized by the declaration. The
246	declaration may provide that the rental, membership fees,
247	operations, replacements, and other expenses are common expenses
248	and may impose covenants and restrictions concerning their use
249	and may contain other provisions not inconsistent with this
250	chapter. A condominium association may conduct bingo games as
251	provided in s. 849.0931.
252	Section 4. For the purpose of incorporating the amendment
253	to section 849.0931, Florida Statutes, in references thereto,
254	subsection (8) of section 723.079, Florida Statutes, is
255	reenacted to read:
256	723.079 Powers and duties of homeowners' association.--
257	(8) Any mobile home owners' association or group of
258	residents of a mobile home park as defined in this chapter may
259	conduct bingo games as provided in s. 849.0931.
260	Section 5. This act shall take effect July 1, 2004.