HB 1473

1
A bill to be entitled
2An act relating to bingo; amending s. 849.0931, F.S.;
3revising provisions for the conduct of bingo sessions and
4games; revising definitions; defining "bingo session,"
5"calendar week," "day," and "member"; restricting
6assistance in the conduct of bingo to members; revising
7provisions for prizes and jackpots; providing for an
8additional jackpot per session; providing for valuation of
9noncash prizes; prohibiting free games; providing an
10exception; limiting bingo sessions; revising provisions
11for assistance in the conduct of bingo; revising rules for
12the conduct of bingo games; providing for accommodations
13for persons with physical disabilities; preempting
14regulation of bingo to the state; prohibiting certain
15persons from conducting or assisting in the conduct of
16bingo; prohibiting certain persons from being a bingo
17lessor or employee of such lessor; prohibiting a bingo
18organization from allowing use of its identity for the
19purpose of conducting bingo; prohibiting certain persons
20from participating in certain bingo games; providing
21penalties; amending s. 849.161, F.S.; providing that
22specified gambling regulations do not apply to specified
23bingo facilities having amusement games or machines;
24providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Section 849.0931, Florida Statutes, is amended
29to read:
30     849.0931  Bingo authorized; conditions for conduct;
31permitted uses of proceeds; limitations.--
32     (1)  As used in this section:
33     (a)  "Bingo game" means and refers to the activity,
34commonly known as "bingo," in which participants pay a sum of
35money for the use of one or more bingo cards. When the game
36commences, numbers are drawn by chance, one by one, and
37announced. The players cover or mark those announced numbers on
38the bingo cards which they have purchased until a player
39receives a given order of numbers in sequence that has been
40preannounced for that particular game. This player calls out
41"bingo" and is declared the winner of a predetermined prize.
42More than one game may be played upon a bingo card, and numbers
43called for one game may be used for a succeeding game or games.
44     (b)  "Bingo card" means and refers to the flat piece of
45paper or thin pasteboard, or electronic equivalent, employed by
46players engaged in the game of bingo. Each set of bingo numbers
47on a The bingo card shall have not fewer than 24 playing numbers
48printed on it. These playing numbers shall range from 1 through
4975, inclusive. More than one set of bingo numbers may be printed
50on any single piece of paper, thereby creating multiple bingo
51cards. If a bingo card has more than one set of bingo numbers
52available for play in a single game then each set of bingo
53numbers is a single bingo card. A bingo card or electronic
54equivalent shall be part of a group or series with recorded or
55programmed control numbers to ensure that duplicate bingo cards
56are not sold for any given game.
57     (c)  "Bingo session" or "session" means a series of bingo
58games played in a day or part of a day. No charitable,
59nonprofit, or veterans' organization may conduct more than one
60bingo session in a day, with each authorized organization
61restricted to no more than two sessions of bingo per calendar
62week. However, any session in progress that continues past
63midnight shall be considered played on the day the session
64began.
65     (d)  "Calendar week" means a week beginning on Sunday at
6612:01 a.m. and ending at midnight the following Saturday
67evening.
68     (e)  "Day" means a period of time beginning at 12:01 a.m.
69and ending at 12:00 midnight.
70     (f)(c)  "Charitable, nonprofit, or veterans' organization"
71means an organization which has qualified for exemption from
72federal income tax as an exempt organization under the
73provisions of s. 501(c) of the Internal Revenue Code of 1954 or
74s. 528 of the Internal Revenue Code of 1986, as amended; which
75is engaged in charitable, civic, community, benevolent,
76religious, or scholastic works or other similar activities; and
77which has been in existence and active for a period of 3 years
78or more.
79     (g)  "Member" means an individual who has qualified for and
80has been granted membership in a nonprofit organization
81authorized to conduct bingo and has legal residence in this
82state. A member assisting in the conduct of bingo during any
83bingo game may not participate as a player during that bingo
84game. Only members may assist in the conduct of bingo games. The
85member must be 18 years of age or older and meet the qualifying
86criteria to be a member of the organization authorized to
87conduct bingo according to the organization's constitution and
88bylaws. A membership organization authorized to conduct bingo
89may not waive any established criteria for membership in the
90organization solely for the purpose of qualifying an individual
91to assist in conducting bingo.
92     (h)(d)  "Objects" means a set of 75 balls or other
93precision shapes that are imprinted with letters and numbers in
94such a way that numbers 1 through 15 are marked with the letter
95"B," numbers 16 through 30 are marked with the letter "I,"
96numbers 31 through 45 are marked with the letter "N," numbers 46
97through 60 are marked with the letter "G," and numbers 61
98through 75 are marked with the letter "O."
99     (i)(e)  "Rack" means the container in which the objects are
100placed after being drawn and announced.
101     (j)(f)  "Receptacle" means the container from which the
102objects are drawn or ejected.
103     (g)  "Session" means a designated set of games played in a
104day or part of a day.
105     (2)(a)  None of the provisions of this chapter shall be
106construed to prohibit or prevent charitable, nonprofit, or
107veterans' organizations engaged in charitable, civic, community,
108benevolent, religious, or scholastic works or other similar
109endeavors, which organizations have been in existence and active
110for a period of 3 years or more, from conducting bingo games,
111provided the entire proceeds derived from the conduct of such
112games, less actual business expenses for articles designed for
113and essential to the operation, conduct, and playing of bingo,
114are donated by such organizations to the endeavors mentioned
115above. In no case may the net proceeds from the conduct of such
116games be used for any other purpose whatsoever. The proceeds
117derived from the conduct of bingo games shall not be considered
118solicitation of public donations.
119     (b)  It is the express intent of the Legislature that no
120charitable, nonprofit, or veterans' organization serve as a
121sponsor of a bingo game conducted by another, but such
122organization may only be directly involved in the conduct of
123such a game as provided in this act.
124     (3)  If an organization is not engaged in efforts of the
125type set out above, its right to conduct bingo games hereunder
126is conditioned upon the return of all the proceeds from such
127games to the players in the form of prizes. If at the conclusion
128of play on any day during which a bingo game is allowed to be
129played under this section there remain proceeds which have not
130been paid out as prizes, the organization conducting the game
131shall at the next scheduled day of play conduct bingo games
132without any charge to the players and shall continue to do so
133until the proceeds carried over from the previous days played
134have been exhausted. This provision in no way extends the
135limitation on the number of prize or jackpot games allowed in a
136session or one day as provided for in subsection (5).
137     (4)  The right of a condominium association, a cooperative
138association, a homeowners' association as defined in s. 720.301,
139a mobile home owners' association, a group of residents of a
140mobile home park as defined in chapter 723, or a group of
141residents of a mobile home park or recreational vehicle park as
142defined in chapter 513 to conduct bingo is conditioned upon the
143return of the net proceeds from such games to players in the
144form of prizes after having deducted the actual business
145expenses for such games for articles designed for and essential
146to the operation, conduct, and playing of bingo. Any net
147proceeds remaining after paying prizes may be donated by the
148association to a charitable, nonprofit, or veterans'
149organization which is exempt from federal income tax under the
150provisions of s. 501(c) of the Internal Revenue Code to be used
151in such recipient organization's charitable, civic, community,
152benevolent, religious, or scholastic works or similar activities
153or, in the alternative, such remaining proceeds shall be used as
154specified in subsection (3).
155     (5)  No jackpot shall exceed the value of $500 $250 in
156actual money or its equivalent, and there shall be no more than
157three jackpots in any one session of bingo. All other games
158shall pay no more than $100 each.
159     (6)  The number of days per week during which organizations
160authorized hereunder may conduct bingo may not exceed two.
161     (7)  In addition to the provisions in subsection (5), there
162may be one jackpot game per session known as a progressive
163jackpot game with a prize payout of 65 percent of proceeds. If
164the progressive jackpot is not won in a session, a consolation
165prize of no more than $100 may be awarded. The progressive
166number shall increase one number per organization authorized to
167conduct such game until a cover-all winner is declared. When
168such a winner is declared, the progressive jackpot game rolls
169back to a beginning cover-all number and played as above until a
170winner is declared. An organization may not allow its
171progressive jackpot game to be played during another
172organization's session. Each authorized organization must
173operate its own progressive jackpot, independent from another
174authorized organization's session. Organizations shall maintain
175a record of such progressive jackpots for audit purposes. There
176shall be no more than three jackpots on any one day of play. All
177other game prizes shall not exceed $50.
178     (a)  When other than cash is used for prizes, the value of
179the merchandise or other noncash considerations awarded as
180prizes shall be the purchase price of the merchandise or other
181noncash considerations as of the date awarded, regardless of
182whether the merchandise was purchased or donated. Any
183merchandise offered as a bingo prize must have been paid for in
184full before being offered as a prize. Prize limitations set
185forth in this section shall apply to all bingo games.
186     (b)  Except as provided in paragraph (13)(a), free games
187are not allowed.
188     (8)  Each bingo session shall be conducted by a single
189organization. An organization shall conduct no more than two
190bingo sessions per week. An organization shall not conduct bingo
191more than 2 days per week. There shall be no more than two bingo
192sessions per day conducted on any authorized premises.
193     (9)(8)  Each person involved in the conduct of any bingo
194game must be a resident of the community where the organization
195is located and a bona fide member of the organization sponsoring
196such game and may not be compensated in any way for operation of
197such bingo game. When bingo games are conducted by a charitable,
198nonprofit, or veterans' organization, the organization
199conducting the bingo games shall be required to designate up to
200three members of that organization to be in charge of the games,
201one of whom shall be present during the entire session at which
202the bingo games are conducted. The organization conducting the
203bingo games is responsible for posting a notice, which notice
204states the name of the organization and the designated member or
205members, in a conspicuous place on the premises at which the
206session is held. In no event may a caller in a bingo game be a
207participant in that bingo game.
208     (10)(9)  Every charitable, nonprofit, or veterans'
209organization involved in the conduct of a bingo game must be
210located in the county, or within a 15-mile radius of, where the
211bingo game is located.
212     (11)(10)(a)  No one under 18 years of age shall be allowed
213to play any bingo game or be involved in the conduct of a bingo
214game in any way.
215     (b)  Any organization conducting bingo open to the public
216may refuse entry to any person who is objectionable or
217undesirable to the sponsoring organization, but such refusal of
218entry shall not be on the basis of race, creed, color, religion,
219sex, national origin, marital status, or physical handicap.
220     (12)(11)  Bingo games may be held only on the following
221premises:
222     (a)  Property owned by the charitable, nonprofit, or
223veterans' organization.
224     (b)  Property owned by the charitable, nonprofit, or
225veterans' organization that will benefit by the proceeds.
226     (c)  Property leased for a period of not less than 1 year
227by a charitable, nonprofit, or veterans' organization, providing
228the lease or rental agreement does not provide for the payment
229of a percentage of the proceeds generated at such premises to
230the lessor or any other party and providing the rental rate for
231such premises does not exceed the rental rates charged for
232similar premises in the same locale.
233     (d)  Property owned by a municipality or a county when the
234governing authority has, by appropriate ordinance or resolution,
235specifically authorized the use of such property for the conduct
236of such games.
237     (e)  With respect to bingo games conducted by a condominium
238association, a cooperative association, a homeowners'
239association as defined in s. 720.301, a mobile home owners'
240association, a group of residents of a mobile home park as
241defined in chapter 723, or a group of residents of a mobile home
242park or recreational vehicle park as defined in chapter 513,
243property owned by the association, property owned by the
244residents of the mobile home park or recreational vehicle park,
245or property which is a common area located within the
246condominium, mobile home park, or recreational vehicle park.
247     (13)(12)  Each bingo game shall be conducted in accordance
248with the following rules:
249     (a)  The objects, whether drawn or ejected, shall be
250essentially equal as to size, shape, weight, and balance and as
251to all other characteristics that may control their selection
252from the receptacle. The caller shall cancel any game if, during
253the course of a game, the mechanism used in the drawing or
254ejection of objects becomes jammed in such a manner as to
255interfere with the accurate determination of the next number to
256be announced or if the caller determines that more than one
257object is labeled with the same number or that there is a number
258to be drawn without a corresponding object. Any player in a game
259canceled pursuant to this paragraph shall be permitted to play
260the next game free of charge.
261     (b)  Prior to commencement of any bingo session, the member
262in charge shall cause a verification to be made of all objects
263to be placed in the receptacle and shall inspect the objects in
264the presence of two or more randomly selected players a
265disinterested person to ensure that all objects are present and
266that there are no duplications or omissions of numbers on the
267objects. Any player shall be entitled to call for a verification
268of numbers before, during, and after a session.
269     (c)  The card or sheet on which the game is played shall be
270part of a deck, group, or series, no two of which may be alike
271in any given game.
272     (d)  All numbers shall be visibly displayed after being
273drawn and before being placed in the rack.
274     (e)  A bona fide bingo shall consist of a predesignated
275arrangement of numbers on a card or sheet that correspond with
276the numbers on the objects drawn from the receptacle and
277announced. Errors in numbers announced or misplaced in the rack
278may not be recognized as a bingo.
279     (f)  When a caller has started to vocally announce a
280number, the caller shall complete the call. If any player has
281obtained a bingo on a previous number, such player will share
282the prize with the player who gained bingo on the last number
283called.
284     (g)  Numbers on the winning cards or sheets shall be
285announced and verified in the presence of another player. Any
286player shall be entitled at the time the winner is determined to
287call for a verification of numbers drawn. The verification shall
288be in the presence of the member designated to be in charge of
289the occasion or, if such person is also the caller, in the
290presence of another individual an officer of the licensee.
291     (h)  Upon determining a winner, the caller shall ask, "Are
292there any other winners?" If no players reply one replies, the
293caller shall declare the game closed. No other player is
294entitled to share the prize unless she or he has declared a
295bingo prior to this announcement.
296     (i)  Seats may not be held or reserved for a player by
297anyone unless such player has paid the appropriate charge for
298the occupancy of such seat. No person who is a member of the
299sponsoring organization may reserve or make payment for the
300purpose of reserving a seat for any player. Accommodations for
301persons with physical disabilities shall be made in accordance
302with the Americans with Disabilities Act by an organization or
303person involved in the conduct of any bingo game for players not
304present, nor may any cards be set aside, held, or reserved from
305one session to another for any player.
306     (14)  The regulation and enforcement of bingo conducted in
307this state is preempted to the state except for zoning and
308matters pertaining to the safety, health, and welfare of bingo
309patrons. Any existing local bingo regulation or ordinance that
310contains provisions restricting or limiting the number of days
311of operation of bingo facilities and that was adopted prior to
312March 1, 2005, may be amended to conform to the provisions of
313this act. All regulations and ordinances provided for in this
314subsection shall remain in full force and effect until repealed
315by the enacting county or municipality.
316     (15)(a)  No person may conduct or assist in the conduct of
317bingo if the person has been convicted within the last 10 years
318of a felony including fraud, embezzlement, gambling, theft, or
319racketeering.
320     (b)  No person may be a bingo lessor or employed by a bingo
321lessor if the person has been convicted within the last 10 years
322of a felony including fraud, embezzlement, gambling, theft, or
323racketeering.
324     (c)  No bingo organization shall lend, sell, or allow its
325identity to be used by anyone for the purpose of conducting
326bingo.
327     (d)  Any person conducting or assisting in the conduct of
328any bingo game or any portion of a bingo game shall not be
329allowed to participate as a player during that bingo game. This
330provision shall not prohibit such a person from assisting a
331player by monitoring the player's bingo cards to allow the
332player to use other facilities on the bingo premises.
333     (e)  No person under 18 years of age may conduct or assist
334in the conduct of bingo or play bingo on any bingo premises.
335     (16)(13)  Any organization or other person who willfully
336and knowingly violates any provision of this section is guilty
337of a misdemeanor of the first degree, punishable as provided in
338s. 775.082 or s. 775.083. For a second or subsequent offense,
339the organization or other person is guilty of a felony of the
340third degree, punishable as provided in s. 775.082, s. 775.083,
341or s. 775.084.
342     Section 2.  Paragraph (a) of subsection (1) of section
343849.161, Florida Statutes, is amended to read:
344     849.161  Amusement games or machines; when chapter
345inapplicable.--
346     (1)(a)1.  Nothing contained in this chapter shall be taken
347or construed as applicable to an arcade amusement center having
348amusement games or machines which operate by means of the
349insertion of a coin and which by application of skill may
350entitle the person playing or operating the game or machine to
351receive points or coupons which may be exchanged for merchandise
352only, excluding cash and alcoholic beverages, provided the cost
353value of the merchandise or prize awarded in exchange for such
354points or coupons does not exceed 75 cents on any game played.
355     2.  Nothing contained in this chapter shall be taken or
356construed as applicable to any bingo facility authorized by s.
357849.0931(12)(a)-(d) or any retail dealer who operates as a truck
358stop, as defined in chapter 336 and which operates a minimum of
3596 functional diesel fuel pumps, having amusement games or
360machines which operate by means of the insertion of a coin or
361other currency and which by application of skill may entitle the
362person playing or operating the game or machine to receive
363points or coupons which may be exchanged for merchandise limited
364to noncash prizes, toys, novelties, and Florida Lottery
365products, excluding alcoholic beverages, provided the cost value
366of the merchandise or prize awarded in exchange for such points
367or coupons does not exceed 75 cents on any game played. This
368subparagraph applies only to games and machines which are
369operated for the entertainment of the general public and
370tourists as bona fide amusement games or machines. This
371subsection shall not apply, however, to any game or device
372defined as a gambling device in 24 U.S.C. s. 1171, which
373requires identification of each device by permanently affixing
374seriatim numbering and name, trade name, and date of manufacture
375under s. 1173, and registration with the United States Attorney
376General, unless excluded from applicability of the chapter under
377s. 1178. This subsection shall not be construed to authorize
378video poker games or any other game or machine that may be
379construed as a gambling device under Florida law.
380     Section 3.  This act shall take effect July 1, 2005.


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