Senate Bill sb1940e1
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 A bill to be entitled
2 An act relating to games and gaming; providing
3 a popular name; amending s. 849.0931, F.S.;
4 defining the terms "instant bingo" and "deal";
5 providing rules for the operation of instant
6 bingo games; providing penalties; providing
7 requirements for the manufacture and sale of
8 instant bingo tickets; providing duties of the
9 Department of the Lottery; reenacting ss.
10 718.114 and 723.079(8), F.S., relating to
11 condominiums and homeowners' associations, to
12 incorporate the amendment to s. 849.0931, F.S.,
13 in references thereto; amending s. 849.161,
14 F.S.; revising provisions exempting certain
15 amusement centers from the application of
16 gambling regulations; restricting the use of
17 points or coupons received by players in arcade
18 amusement centers; providing an exemption from
19 regulation for certain children's amusement
20 centers; clarifying a reference; prohibiting
21 gambling devices at arcade amusement centers;
22 providing that, with respect to arcade
23 amusement centers, local governments may
24 establish or amend the zoning map designation
25 of a parcel or parcels of land or change the
26 actual list of permitted, conditional, or
27 prohibited uses within a zoning category;
28 authorizing local governments to limit the
29 hours of operation of arcade amusement centers
30 and limit the number of machines in such
31 centers; providing an effective date.
1
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Sections 1 through 4 of this act may be
4 known by the popular name the "Evelyn Wiesman-Price Act."
5 Section 2. Effective July 1, 2004, subsections (1),
6 (2), (5), (7), (8), (9), (10), and (11) of section 849.0931,
7 Florida Statutes, are amended, present subsection (13) of said
8 section is renumbered as subsection (14) and amended, and a
9 new subsection (13) is added to said section, to read:
10 849.0931 Bingo authorized; conditions for conduct;
11 permitted uses of proceeds; limitations.--
12 (1) As used in this section:
13 (a) "Bingo game" means and refers to the activity,
14 commonly known as "bingo," in which participants pay a sum of
15 money for the use of one or more bingo cards. When the game
16 commences, numbers are drawn by chance, one by one, and
17 announced. The players cover or mark those numbers on the
18 bingo cards which they have purchased until a player receives
19 a given order of numbers in sequence that has been
20 preannounced for that particular game. This player calls out
21 "bingo" and is declared the winner of a predetermined prize.
22 More than one game may be played upon a bingo card, and
23 numbers called for one game may be used for a succeeding game
24 or games.
25 (b) "Bingo card" means and refers to the flat piece of
26 paper or thin pasteboard employed by players engaged in the
27 game of bingo. The bingo card shall have not fewer than 24
28 playing numbers printed on it. These playing numbers shall
29 range from 1 through 75, inclusive. More than one set of bingo
30 numbers may be printed on any single piece of paper.
31
2
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 (c) "Charitable, nonprofit, or veterans' organization"
2 means an organization which has qualified for exemption from
3 federal income tax as an exempt organization under the
4 provisions of s. 501(c) of the Internal Revenue Code of 1954
5 or s. 528 of the Internal Revenue Code of 1986, as amended;
6 which is engaged in charitable, civic, community, benevolent,
7 religious, or scholastic works or other similar activities;
8 and which has been in existence and active for a period of 3
9 years or more.
10 (d) "Deal" means a separate set or package of not more
11 than 4,000 instant bingo tickets in which the predetermined
12 minimum prize payout is at least 65 percent of the total
13 receipts from the sale of the entire deal.
14 (e) "Instant bingo" means a game that is played using
15 tickets by which a player wins a prize by opening and removing
16 a cover from the ticket to reveal a set of numbers, letters,
17 objects, or patterns, some of which have been predesignated in
18 advance as prize winners.
19 (f)(d) "Objects" means a set of 75 balls or other
20 precision shapes that are imprinted with letters and numbers
21 in such a way that numbers 1 through 15 are marked with the
22 letter "B," numbers 16 through 30 are marked with the letter
23 "I," numbers 31 through 45 are marked with the letter "N,"
24 numbers 46 through 60 are marked with the letter "G," and
25 numbers 61 through 75 are marked with the letter "O."
26 (g)(e) "Rack" means the container in which the objects
27 are placed after being drawn and announced.
28 (h)(f) "Receptacle" means the container from which the
29 objects are drawn or ejected.
30 (i)(g) "Session" means a designated set of games
31 played in a day or part of a day.
3
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 (2)(a) None of the provisions of this chapter shall be
2 construed to prohibit or prevent charitable, nonprofit, or
3 veterans' organizations engaged in charitable, civic,
4 community, benevolent, religious, or scholastic works or other
5 similar endeavors, which organizations have been in existence
6 and active for a period of 3 years or more, from conducting
7 bingo games or instant bingo, provided the entire proceeds
8 derived from the conduct of such games, less actual business
9 expenses for articles designed for and essential to the
10 operation, conduct, and playing of bingo or instant bingo, are
11 donated by such organizations to the endeavors mentioned
12 above. In no case may the net proceeds from the conduct of
13 such games be used for any other purpose whatsoever. The
14 proceeds derived from the conduct of bingo games or instant
15 bingo shall not be considered solicitation of public
16 donations.
17 (b) It is the express intent of the Legislature that
18 no charitable, nonprofit, or veterans' organization serve as a
19 sponsor of a bingo game or instant bingo conducted by another,
20 but such organization may only be directly involved in the
21 conduct of such a game as provided in this act.
22 (5) Except for instant bingo prizes, which are limited
23 to those displayed on the ticket, a no jackpot may not shall
24 exceed the value of $250 in actual money or its equivalent,
25 and there may not shall be no more than three jackpots in any
26 one session of bingo.
27 (7) Except for instant bingo prizes, which are limited
28 to those displayed on the ticket, there may not shall be no
29 more than three jackpots on any one day of play. All other
30 game prizes may shall not exceed $50.
31
4
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 (8) Each person involved in the conduct of any bingo
2 game or instant bingo must be a resident of the community
3 where the organization is located and a bona fide member of
4 the organization sponsoring such game and may not be
5 compensated in any way for operation of such bingo game. When
6 bingo games or instant bingo are conducted by a charitable,
7 nonprofit, or veterans' organization, the organization
8 conducting the bingo games must shall be required to designate
9 up to three members of that organization to be in charge of
10 the games, one of whom must shall be present during the entire
11 session at which the bingo games are conducted. The
12 organization conducting the bingo games is responsible for
13 posting a notice, which notice states the name of the
14 organization and the designated member or members, in a
15 conspicuous place on the premises at which the session is held
16 or instant bingo is played. In no event may A caller in a
17 bingo game may not be a participant in that bingo game.
18 (9) Every charitable, nonprofit, or veterans'
19 organization involved in the conduct of a bingo game or
20 instant bingo must be located in the county, or within a
21 15-mile radius of, where the bingo game or instant bingo is
22 located.
23 (10)(a) No one under 18 years of age shall be allowed
24 to play any bingo game or instant bingo or be involved in the
25 conduct of a bingo game or instant bingo in any way.
26 (b) Any organization conducting bingo open to the
27 public may refuse entry to any person who is objectionable or
28 undesirable to the sponsoring organization, but such refusal
29 of entry shall not be on the basis of race, creed, color,
30 religion, sex, national origin, marital status, or physical
31 handicap.
5
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 (11) Bingo games or instant bingo may be held only on
2 the following premises:
3 (a) Property owned by the charitable, nonprofit, or
4 veterans' organization.
5 (b) Property owned by the charitable, nonprofit, or
6 veterans' organization that will benefit by the proceeds.
7 (c) Property leased for a period of not less than 1
8 year by a charitable, nonprofit, or veterans' organization,
9 providing the lease or rental agreement does not provide for
10 the payment of a percentage of the proceeds generated at such
11 premises to the lessor or any other party and providing the
12 rental rate for such premises does not exceed the rental rates
13 charged for similar premises in the same locale.
14 (d) Property owned by a municipality or a county when
15 the governing authority has, by appropriate ordinance or
16 resolution, specifically authorized the use of such property
17 for the conduct of such games.
18 (e) With respect to bingo games conducted by a
19 condominium association, a cooperative association, a
20 homeowners' association as defined in s. 720.301, a mobile
21 home owners' association, a group of residents of a mobile
22 home park as defined in chapter 723, or a group of residents
23 of a mobile home park or recreational vehicle park as defined
24 in chapter 513, property owned by the association, property
25 owned by the residents of the mobile home park or recreational
26 vehicle park, or property which is a common area located
27 within the condominium, mobile home park, or recreational
28 vehicle park.
29 (13)(a) Instant bingo tickets must be sold at the
30 price printed on the ticket by the manufacturer, not to exceed
31
6
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 $1. Discounts may not be given for purchases of multiple
2 tickets, nor may tickets be given away free of charge.
3 (b) The sets of numbers, letters, objects, or patterns
4 that have been predesignated by the manufacturer as winning
5 combinations for a deal of instant bingo tickets must be
6 posted before the sale of any tickets from that deal.
7 (c) Each instant bingo ticket in a deal must bear the
8 same serial number and there may not be more than one serial
9 number in each deal. Serial numbers printed on a deal of
10 instant bingo tickets may not be repeated by the manufacturer
11 on the same form for a period of 3 years.
12 (d) The serial number for each deal must be clearly
13 and legibly placed on the outside of each deal's package, box,
14 or other container.
15 (e) Instant bingo tickets manufactured, sold, or
16 distributed in this state must comply with the applicable
17 mandatory standards on pull-tabs of the North American Gaming
18 Regulators Association, as amended.
19 (f) Except as provided under paragraph (e), an instant
20 bingo ticket manufactured, sold, or distributed in this state
21 must:
22 1. Be manufactured so that it is not possible to
23 identify whether it is a winning or losing instant bingo
24 ticket until it has been opened by the player as intended.
25 2. Be manufactured using at least a two-ply paper
26 stock construction so that the instant bingo ticket is opaque.
27 3. Have the form number, the deal's serial number, and
28 the name or logo of the manufacturer conspicuously printed on
29 the face or cover of the instant bingo ticket.
30 4. Have a form of winner protection that allows the
31 organization to verify, after the instant bingo ticket has
7
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 been played, that the winning instant bingo ticket presented
2 for payment is an authentic winning instant bingo ticket for
3 the deal in play. The manufacturer shall provide a written
4 description of the winner protection with each deal of instant
5 bingo tickets.
6 (g) Each manufacturer and distributor that sells or
7 distributes instant bingo tickets in this state to charitable,
8 nonprofit, or veterans' organizations shall prepare an invoice
9 that contains the following information:
10 1. Date of sale.
11 2. Form number and the serial number of each deal
12 sold.
13 3. Number of instant bingo tickets in each deal sold.
14 4. Name of distributor or organization to whom each
15 deal is sold.
16 5. Price of each deal sold.
17
18 All information contained on an invoice must be
19 maintained by the distributor or manufacturer for 3 years.
20 (h) The invoice, or a true and accurate copy thereof,
21 must be on the premises where any deal of instant bingo
22 tickets is stored or in play.
23 (i) The Department of the Lottery shall keep a list of
24 at least six qualified instant bingo ticket manufacturers that
25 are authorized to sell instant bingo tickets within the state.
26 The Department of the Lottery shall process all applications
27 to be placed on the list of instant bingo ticket manufacturers
28 pursuant to s. 120.60. A distributor or charitable, nonprofit,
29 or veterans' organization may not purchase, distribute, or
30 sell instant bingo tickets manufactured by any manufacturer
31
8
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 other than those qualified instant bingo ticket manufacturers
2 listed by the Department of the Lottery.
3 (14)(13) Any organization or other person who
4 willfully and knowingly violates any provision of this section
5 commits is guilty of a misdemeanor of the first degree,
6 punishable as provided in s. 775.082 or s. 775.083. For a
7 second or subsequent offense, the organization or other person
8 commits is guilty of a felony of the third degree, punishable
9 as provided in s. 775.082, s. 775.083, or s. 775.084.
10 Section 3. Effective July 1, 2004, for the purpose of
11 incorporating the amendment to section 849.0931, Florida
12 Statutes, in references thereto, section 718.114, Florida
13 Statutes, is reenacted to read:
14 718.114 Association powers.--An association has the
15 power to enter into agreements, to acquire leaseholds,
16 memberships, and other possessory or use interests in lands or
17 facilities such as country clubs, golf courses, marinas, and
18 other recreational facilities. It has this power whether or
19 not the lands or facilities are contiguous to the lands of the
20 condominium, if they are intended to provide enjoyment,
21 recreation, or other use or benefit to the unit owners. All of
22 these leaseholds, memberships, and other possessory or use
23 interests existing or created at the time of recording the
24 declaration must be stated and fully described in the
25 declaration. Subsequent to the recording of the declaration,
26 the association may not acquire or enter into agreements
27 acquiring these leaseholds, memberships, or other possessory
28 or use interests except as authorized by the declaration. The
29 declaration may provide that the rental, membership fees,
30 operations, replacements, and other expenses are common
31 expenses and may impose covenants and restrictions concerning
9
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 their use and may contain other provisions not inconsistent
2 with this chapter. A condominium association may conduct
3 bingo games as provided in s. 849.0931.
4 Section 4. Effective July 1, 2004, for the purpose of
5 incorporating the amendment to section 849.0931, Florida
6 Statutes, in references thereto, subsection (8) of section
7 723.079, Florida Statutes, is reenacted to read:
8 723.079 Powers and duties of homeowners'
9 association.--
10 (8) Any mobile home owners' association or group of
11 residents of a mobile home park as defined in this chapter may
12 conduct bingo games as provided in s. 849.0931.
13 Section 5. Section 849.161, Florida Statutes, is
14 amended to read:
15 849.161 Amusement games or machines; when chapter
16 inapplicable.--
17 (1)(a)1. Nothing contained in this chapter shall be
18 taken or construed as applicable to an arcade amusement center
19 having amusement games or machines not proscribed by ss.
20 849.15 and 849.16, which operate by means of the insertion of
21 a coin or electronic token and which, solely by application of
22 skill, may entitle the person playing or operating the game or
23 machine to receive points or coupons which may be exchanged
24 for merchandise only, excluding cash, and alcoholic beverages,
25 tobacco products, or coupons redeemable for cash, alcoholic
26 beverages, or tobacco products, provided the cost value of the
27 merchandise or prize awarded in exchange for such points or
28 coupons does not exceed 75 cents on any game played. All
29 points or coupons received by a player may be exchanged for
30 the specific product only at the same business location where
31 the game or machine operated by the player is located. Points
10
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 or coupons received by a player may not be exchanged for any
2 gift certificate, mail order certificate, or similar
3 conveyance that is redeemable at another business location or
4 deliverable from a location other than where the arcade is
5 located.
6 2. Nothing contained in this chapter shall be taken or
7 construed as applicable to any retail dealer who operates as a
8 truck stop, as defined in chapter 336 and which operates a
9 minimum of 6 functional diesel fuel pumps, having amusement
10 games or machines which operate by means of the insertion of a
11 coin, electronic token, or other currency and which by
12 application of skill may entitle the person playing or
13 operating the game or machine to receive points or coupons
14 which may be exchanged for merchandise limited to noncash
15 prizes, toys, novelties, and Florida Lottery products,
16 excluding alcoholic beverages, provided the cost value of the
17 merchandise or prize awarded in exchange for such points or
18 coupons does not exceed 75 cents on any game played. This
19 subparagraph applies only to games and machines which are
20 operated for the entertainment of the general public and
21 tourists as bona fide amusement games or machines. This
22 subsection shall not apply, however, to any game or device
23 defined as a gambling device in chapter 24 of Title 15 U.S.C.
24 under s. 1171 24 U.S.C. s. 1171, which requires identification
25 of each device by permanently affixing seriatim numbering and
26 name, trade name, and date of manufacture under s. 1173, and
27 registration with the United States Attorney General, unless
28 excluded from applicability of the chapter under s. 1178.
29 This subsection shall not be construed to authorize video
30 poker games or any other game or machine that may be construed
31 as a gambling device under Florida law.
11
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 3. This chapter does not apply to any children's
2 amusement center having amusement games that operate by means
3 of the insertion of a coin or other currency or other token
4 and that may entitle the person operating the game or machine
5 to receive points or coupons that may be exchanged for noncash
6 prizes, toys, or novelties for children under the age of 14
7 years. As used in this subparagraph, the term "children's
8 amusement center" means a place of business, the general
9 concept or theme of which is the amusement or entertainment of
10 children under the age of 14 years and that operates
11 coin-operated amusement games and machines in which the
12 majority of such games or machines are for the use or
13 operation by children under the age of 14 years. The term does
14 not include any business that allows the use of video poker
15 games or any other game or device classified as a gambling
16 device in chapter 24 of 15 U.S.C. s. 1171 unless excluded from
17 these requirements under subsection (2) or subsection (3) of
18 s. 1178. Points or coupons received by a player may be
19 exchanged only at the same business or a franchise thereof.
20 Points or coupons received by a player may not be exchanged
21 for any credit card, gift certificate, or similar conveyance,
22 or for cash, alcoholic beverages, tobacco products, or coupons
23 redeemable for cash, alcoholic beverages, or tobacco products.
24 (b) Nothing in this subsection shall be taken or
25 construed as applicable to a coin-operated or
26 electronic-token-operated game or device designed and
27 manufactured only for bona fide amusement purposes and not
28 proscribed by ss. 849.15 and 849.16, which game or device may,
29 solely by application of skill, entitle the player to replay
30 the game or device at no additional cost, if the game or
31 device: can accumulate and react to no more than 15 free
12
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 replays; can be discharged of accumulated free replays only by
2 reactivating the game or device for one additional play for
3 such accumulated free replay; can make no permanent record,
4 directly or indirectly, of free replays; and is not classified
5 by the United States as a gambling device in chapter 24 of
6 Title 15 U.S.C. under s. 1171 24 U.S.C. s. 1171, which
7 requires identification of each device by permanently affixing
8 seriatim numbering and name, trade name, and date of
9 manufacture under s. 1173, and registration with the United
10 States Attorney General, unless excluded from applicability of
11 the chapter under s. 1178. This subsection shall not be
12 construed to authorize video poker games, or any other game or
13 machine that may be construed as a gambling device under
14 Florida law.
15 (c) Nothing in this subsection with respect to arcade
16 amusement centers shall be taken or construed to abrogate or
17 limit the power of a local government to establish or amend
18 the zoning map designation of a parcel or parcels of land or
19 change the actual list of permitted, conditional, or
20 prohibited uses within a zoning category, and any local
21 government may exercise such power as provided by law.
22 (2) In addition and supplemental to any other
23 authority under law, the legislative and governing body of a
24 county or municipality shall have the power and authority to
25 limit the number of hours of operation of arcade amusement
26 centers and may also limit the number of machines allowed in
27 such centers.
28 (3)(2) The term "arcade amusement center" as used in
29 this section means a place of business having at least 50
30 coin-operated amusement games or machines on premises which
31
13
CODING: Words stricken are deletions; words underlined are additions.
CS for SB's 1940 & 2636 First Engrossed
1 are operated for the entertainment of the general public and
2 tourists as a bona fide amusement facility.
3 (4) A game or machine that may be construed as a
4 gambling device under state law, including video poker games
5 or a game or device that resembles a gambling device as
6 defined in chapter 24 of Title 15 U.S.C. under s. 1171, is
7 prohibited at arcade amusement centers.
8 Section 6. This act shall take effect upon becoming a
9 law.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
14
CODING: Words stricken are deletions; words underlined are additions.