Senate Bill sb0272c1

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    Florida Senate - 2004                            CS for SB 272

    By the Committee on Regulated Industries; and Senator Geller





    315-965-04

  1                      A bill to be entitled

  2         An act relating to bingo; providing a short

  3         title; amending s. 849.0931, F.S.; defining the

  4         terms "instant bingo" and "deal"; providing

  5         rules for the operation of instant bingo games;

  6         providing penalties; providing requirements for

  7         the manufacture and sale of instant bingo

  8         tickets; providing duties of the Department of

  9         the Lottery; reenacting ss. 718.114,

10         723.079(8), F.S., relating to condominiums and

11         homeowners' associations, to incorporate the

12         amendment to s. 849.0931, F.S., in references

13         thereto; providing an effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  This act may be cited as the "Evelyn

18  Wiesman-Price Act."

19         Section 2.  Subsections (1), (2), (5), (7), (8), (9),

20  (10), and (11) of section 849.0931, Florida Statutes, are

21  amended, present subsection (13) of that section is renumbered

22  as subsection (14), and a new subsection (13) is added to that

23  section, to read:

24         849.0931  Bingo authorized; conditions for conduct;

25  permitted uses of proceeds; limitations.--

26         (1)  As used in this section:

27         (a)  "Bingo game" means and refers to the activity,

28  commonly known as "bingo," in which participants pay a sum of

29  money for the use of one or more bingo cards.  When the game

30  commences, numbers are drawn by chance, one by one, and

31  announced. The players cover or mark those numbers on the

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    Florida Senate - 2004                            CS for SB 272
    315-965-04




 1  bingo cards which they have purchased until a player receives

 2  a given order of numbers in sequence that has been

 3  preannounced for that particular game.  This player calls out

 4  "bingo" and is declared the winner of a predetermined prize.

 5  More than one game may be played upon a bingo card, and

 6  numbers called for one game may be used for a succeeding game

 7  or games.

 8         (b)  "Bingo card" means and refers to the flat piece of

 9  paper or thin pasteboard employed by players engaged in the

10  game of bingo.  The bingo card shall have not fewer than 24

11  playing numbers printed on it.  These playing numbers shall

12  range from 1 through 75, inclusive.  More than one set of

13  bingo numbers may be printed on any single piece of paper.

14         (c)  "Charitable, nonprofit, or veterans' organization"

15  means an organization which has qualified for exemption from

16  federal income tax as an exempt organization under the

17  provisions of s. 501(c) of the Internal Revenue Code of 1954

18  or s. 528 of the Internal Revenue Code of 1986, as amended;

19  which is engaged in charitable, civic, community, benevolent,

20  religious, or scholastic works or other similar activities;

21  and which has been in existence and active for a period of 3

22  years or more.

23         (d)  "Deal" means a separate set or package of not more

24  than 4,000 instant bingo tickets in which the predetermined

25  minimum prize payout is at least 65 percent of the total

26  receipts from the sale of the entire deal.

27         (e)  "Instant bingo" means a game that is played using

28  tickets by which a player wins a prize by opening and removing

29  a cover from the ticket to reveal a set of numbers, letters,

30  objects, or patterns, some of which have been predesignated in

31  advance as prize winners.

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    Florida Senate - 2004                            CS for SB 272
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 1         (f)(d)  "Objects" means a set of 75 balls or other

 2  precision shapes that are imprinted with letters and numbers

 3  in such a way that numbers 1 through 15 are marked with the

 4  letter "B," numbers 16 through 30 are marked with the letter

 5  "I," numbers 31 through 45 are marked with the letter "N,"

 6  numbers 46 through 60 are marked with the letter "G," and

 7  numbers 61 through 75 are marked with the letter "O."

 8         (g)(e)  "Rack" means the container in which the objects

 9  are placed after being drawn and announced.

10         (h)(f)  "Receptacle" means the container from which the

11  objects are drawn or ejected.

12         (i)(g)  "Session" means a designated set of games

13  played in a day or part of a day.

14         (2)(a)  None of the provisions of this chapter shall be

15  construed to prohibit or prevent charitable, nonprofit, or

16  veterans' organizations engaged in charitable, civic,

17  community, benevolent, religious, or scholastic works or other

18  similar endeavors, which organizations have been in existence

19  and active for a period of 3 years or more, from conducting

20  bingo games or instant bingo, provided the entire proceeds

21  derived from the conduct of such games, less actual business

22  expenses for articles designed for and essential to the

23  operation, conduct, and playing of bingo or instant bingo, are

24  donated by such organizations to the endeavors mentioned

25  above. In no case may the net proceeds from the conduct of

26  such games be used for any other purpose whatsoever.  The

27  proceeds derived from the conduct of bingo games or instant

28  bingo shall not be considered solicitation of public

29  donations.

30         (b)  It is the express intent of the Legislature that

31  no charitable, nonprofit, or veterans' organization serve as a

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    Florida Senate - 2004                            CS for SB 272
    315-965-04




 1  sponsor of a bingo game or instant bingo conducted by another,

 2  but such organization may only be directly involved in the

 3  conduct of such a game as provided in this act.

 4         (5)  Except for instant bingo prizes, which are limited

 5  to those displayed on the ticket, a no jackpot may not shall

 6  exceed the value of $250 in actual money or its equivalent,

 7  and there may not shall be no more than three jackpots in any

 8  one session of bingo.

 9         (7)  Except for instant bingo prizes, which are limited

10  to those displayed on the ticket, there may not shall be no

11  more than three jackpots on any one day of play.  All other

12  game prizes may shall not exceed $50.

13         (8)  Each person involved in the conduct of any bingo

14  game or instant bingo must be a resident of the community

15  where the organization is located and a bona fide member of

16  the organization sponsoring such game and may not be

17  compensated in any way for operation of such bingo game.  When

18  bingo games or instant bingo are conducted by a charitable,

19  nonprofit, or veterans' organization, the organization

20  conducting the bingo games must shall be required to designate

21  up to three members of that organization to be in charge of

22  the games, one of whom must shall be present during the entire

23  session at which the bingo games are conducted.  The

24  organization conducting the bingo games is responsible for

25  posting a notice, which notice states the name of the

26  organization and the designated member or members, in a

27  conspicuous place on the premises at which the session is held

28  or instant bingo is played.  In no event may A caller in a

29  bingo game may not be a participant in that bingo game.

30         (9)  Every charitable, nonprofit, or veterans'

31  organization involved in the conduct of a bingo game or

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    Florida Senate - 2004                            CS for SB 272
    315-965-04




 1  instant bingo must be located in the county, or within a

 2  15-mile radius of, where the bingo game or instant bingo is

 3  located.

 4         (10)(a)  A person No one under 18 years of age may not

 5  shall be allowed to play any bingo game or instant bingo or be

 6  involved in the conduct of a bingo game or instant bingo in

 7  any way.

 8         (b)  Any organization conducting bingo open to the

 9  public may refuse entry to any person who is objectionable or

10  undesirable to the sponsoring organization, but such refusal

11  of entry shall not be on the basis of race, creed, color,

12  religion, sex, national origin, marital status, or physical

13  handicap.

14         (11)  Bingo games or instant bingo may be held only on

15  the following premises:

16         (a)  Property owned by the charitable, nonprofit, or

17  veterans' organization.

18         (b)  Property owned by the charitable, nonprofit, or

19  veterans' organization that will benefit by the proceeds.

20         (c)  Property leased for a period of not less than 1

21  year by a charitable, nonprofit, or veterans' organization,

22  providing the lease or rental agreement does not provide for

23  the payment of a percentage of the proceeds generated at such

24  premises to the lessor or any other party and providing the

25  rental rate for such premises does not exceed the rental rates

26  charged for similar premises in the same locale.

27         (d)  Property owned by a municipality or a county when

28  the governing authority has, by appropriate ordinance or

29  resolution, specifically authorized the use of such property

30  for the conduct of such games.

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    Florida Senate - 2004                            CS for SB 272
    315-965-04




 1         (e)  With respect to bingo games conducted by a

 2  condominium association, a cooperative association, a

 3  homeowners' association as defined in s. 720.301, a mobile

 4  home owners' association, a group of residents of a mobile

 5  home park as defined in chapter 723, or a group of residents

 6  of a mobile home park or recreational vehicle park as defined

 7  in chapter 513, property owned by the association, property

 8  owned by the residents of the mobile home park or recreational

 9  vehicle park, or property which is a common area located

10  within the condominium, mobile home park, or recreational

11  vehicle park.

12         (13)(a)  Instant bingo tickets must be sold at the

13  price printed on the ticket by the manufacturer, not to exceed

14  $1. Discounts may not be given for purchases of multiple

15  tickets, nor may tickets be given away free of charge.

16         (b)  The sets of numbers, letters, objects, or patterns

17  that have been predesignated by the manufacturer as winning

18  combinations for a deal of instant bingo tickets must be

19  posted before the sale of any tickets from that deal.

20         (c)  Each instant bingo ticket in a deal must bear the

21  same serial number and there may not be more than one serial

22  number in each deal. Serial numbers printed on a deal of

23  instant bingo tickets may not be repeated by the manufacturer

24  on the same form for a period of 3 years.

25         (d)  The serial number for each deal must be clearly

26  and legibly placed on the outside of each deal's package, box,

27  or other container.

28         (e)  Instant bingo tickets, rules of play,

29  recordkeeping, and reporting for instant bingo games

30  manufactured, sold, or distributed in this state must comply

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    Florida Senate - 2004                            CS for SB 272
    315-965-04




 1  with the applicable mandatory standards on pull-tabs of the

 2  North American Gaming Regulators Association, as amended.

 3         (f)  Except as provided under paragraph (e), an instant

 4  bingo ticket manufactured, sold, or distributed in this state

 5  must:

 6         1.  Be manufactured so that it is not possible to

 7  identify whether it is a winning or losing ticket until it has

 8  been opened by the player as intended;

 9         2.  Be manufactured using at least a two-ply paper

10  stock construction so that it is opaque;

11         3.  Have the form number, the deal's serial number, and

12  the name or logo of the manufacturer conspicuously printed on

13  the face or cover; and

14         4.  Have a form of winner protection that allows the

15  organization to verify, after the ticket has been played, that

16  the winning ticket presented for payment is an authentic

17  winning ticket for the deal in play. The manufacturer shall

18  provide a written description of the winner protection with

19  each deal of instant bingo tickets.

20         (g)  Each manufacturer and distributor that sells or

21  distributes instant bingo tickets in this state to charitable,

22  nonprofit, or veterans' organizations shall prepare an invoice

23  that contains the following information:

24         1.  Date of sale;

25         2.  Form number and the serial number of each deal

26  sold;

27         3.  Number of tickets in each deal sold;

28         4.  Name of distributor or organization to whom each

29  deal is sold; and

30         5.  Price of each deal sold.

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    Florida Senate - 2004                            CS for SB 272
    315-965-04




 1  All information contained on an invoice must be maintained by

 2  the distributor or manufacturer for 3 years.

 3         (h)  The invoice, or a true and accurate copy thereof,

 4  must be on the premises where any deal of instant bingo

 5  tickets is stored or in play.

 6         (i)  The Department of the Lottery shall keep a list of

 7  at least six qualified instant bingo ticket manufacturers that

 8  are authorized to sell instant bingo tickets within the state.

 9  The department shall process all applications to be placed on

10  the list of instant bingo ticket manufacturers pursuant to s.

11  120.60. A distributor or charitable, nonprofit, or veterans'

12  organizations may not purchase, distribute, or sell instant

13  bingo tickets manufactured by any manufacturer other than

14  those qualified instant bingo ticket manufacturers listed by

15  the Department of the Lottery.

16         (14)(13)  Any organization or other person who

17  willfully and knowingly violates any provision of this section

18  commits is guilty of a misdemeanor of the first degree,

19  punishable as provided in s. 775.082 or s. 775.083.  For a

20  second or subsequent offense, the organization or other person

21  commits is guilty of a felony of the third degree, punishable

22  as provided in s. 775.082, s. 775.083, or s. 775.084.

23         Section 3.  For the purpose of incorporating the

24  amendment to section 849.0931, Florida Statutes, in references

25  thereto, section 718.114, Florida Statutes, is reenacted to

26  read:

27         718.114  Association powers.--An association has the

28  power to enter into agreements, to acquire leaseholds,

29  memberships, and other possessory or use interests in lands or

30  facilities such as country clubs, golf courses, marinas, and

31  other recreational facilities.  It has this power whether or

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    Florida Senate - 2004                            CS for SB 272
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 1  not the lands or facilities are contiguous to the lands of the

 2  condominium, if they are intended to provide enjoyment,

 3  recreation, or other use or benefit to the unit owners. All of

 4  these leaseholds, memberships, and other possessory or use

 5  interests existing or created at the time of recording the

 6  declaration must be stated and fully described in the

 7  declaration. Subsequent to the recording of the declaration,

 8  the association may not acquire or enter into agreements

 9  acquiring these leaseholds, memberships, or other possessory

10  or use interests except as authorized by the declaration.  The

11  declaration may provide that the rental, membership fees,

12  operations, replacements, and other expenses are common

13  expenses and may impose covenants and restrictions concerning

14  their use and may contain other provisions not inconsistent

15  with this chapter.  A condominium association may conduct

16  bingo games as provided in s. 849.0931.

17         Section 4.  For the purpose of incorporating the

18  amendment to section 849.0931, Florida Statutes, in references

19  thereto, subsection (8) of section 723.079, Florida Statutes,

20  is reenacted to read:

21         723.079  Powers and duties of homeowners'

22  association.--

23         (8)  Any mobile home owners' association or group of

24  residents of a mobile home park as defined in this chapter may

25  conduct bingo games as provided in s. 849.0931.

26         Section 5.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                            CS for SB 272
    315-965-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 272

 3                                 

 4  The committee substitute inserts the words "applicable
    mandatory" to describe the standards of pull-tabs of the North
 5  American Gaming Regulators Association.  It requires that the
    Lottery shall process all bingo ticket manufacturer
 6  applications be placed on the list of instant bingo ticket
    manufacturers pursuant to s. 120.60, F.S.
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