HB 0187

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


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