HB 191

1
A bill to be entitled
2An act relating to bingo; providing a short title;
3amending s. 849.0931, F.S.; defining the terms "deal,"
4"flare," and "instant bingo"; exempting instant bingo from
5specified prohibitions; providing requirements for the
6operation of instant bingo games; providing requirements
7for the use of proceeds and prize payout; providing
8requirements for the manufacture and sale of instant bingo
9tickets; providing duties of the Department of the
10Lottery; providing penalties; reenacting ss. 718.114 and
11723.079(8), F.S., relating to powers and duties of
12condominium and homeowners' associations, to incorporate
13the amendment to s. 849.0931, F.S., in references thereto;
14providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  This act may be cited as the "Evelyn Wiesman-
19Price Act."
20     Section 2.  Section 849.0931, Florida Statutes, is amended
21to 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)  "Flare" means the board or placard that accompanies
56each deal of instant bingo tickets and that has printed on or
57affixed to it the following information:
58     1.  The game name.
59     2.  The manufacturer's name or distinctive logo.
60     3.  The form number.
61     4.  The ticket count.
62     5.  The prize structure, including the number of symbols or
63number combinations for winning instant bingo tickets by
64denomination, with their respective winning symbols or number
65combinations.
66     6.  The cost per play.
67     7.  The game serial number.
68     (f)  "Instant bingo" means a form of bingo that is played
69using tickets by which a player wins a prize by opening and
70removing a cover from the ticket to reveal a set of numbers,
71letters, objects, or patterns, some of which have been
72designated in advance as prize winners.
73     (g)(d)  "Objects" means a set of 75 balls or other
74precision shapes that are imprinted with letters and numbers in
75such a way that numbers 1 through 15 are marked with the letter
76"B," numbers 16 through 30 are marked with the letter "I,"
77numbers 31 through 45 are marked with the letter "N," numbers 46
78through 60 are marked with the letter "G," and numbers 61
79through 75 are marked with the letter "O."
80     (h)(e)  "Rack" means the container in which the objects are
81placed after being drawn and announced.
82     (i)(f)  "Receptacle" means the container from which the
83objects are drawn or ejected.
84     (j)(g)  "Session" means a designated set of games played in
85a day or part of a day.
86     (2)(a)  None of the provisions of this chapter shall be
87construed to prohibit or prevent charitable, nonprofit, or
88veterans' organizations engaged in charitable, civic, community,
89benevolent, religious, or scholastic works or other similar
90endeavors, which organizations have been in existence and active
91for a period of 3 years or more, from conducting bingo games or
92instant bingo, provided the entire proceeds derived from the
93conduct of such games, less actual business expenses for
94articles designed for and essential to the operation, conduct,
95and playing of bingo or instant bingo, are donated by such
96organizations to the endeavors mentioned above. In no case may
97the net proceeds from the conduct of such games be used for any
98other purpose whatsoever. The proceeds derived from the conduct
99of bingo games or instant bingo shall not be considered
100solicitation of public donations.
101     (b)  It is the express intent of the Legislature that no
102charitable, nonprofit, or veterans' organization serve as a
103sponsor of a bingo game or instant bingo conducted by another,
104but such organization may only be directly involved in the
105conduct of such a game as provided in this act.
106     (3)  If an organization is not engaged in efforts of the
107type set out above, its right to conduct bingo games hereunder
108is conditioned upon the return of all the proceeds from such
109games to the players in the form of prizes. If at the conclusion
110of play on any day during which a bingo game is allowed to be
111played under this section there remain proceeds which have not
112been paid out as prizes, the organization conducting the game
113shall at the next scheduled day of play conduct bingo games
114without any charge to the players and shall continue to do so
115until the proceeds carried over from the previous days played
116have been exhausted. This provision in no way extends the
117limitation on the number of prize or jackpot games allowed in
118one day as provided for in subsection (5).
119     (4)  The right of a condominium association, a cooperative
120association, a homeowners' association as defined in s. 720.301,
121a mobile home owners' association, a group of residents of a
122mobile home park as defined in chapter 723, or a group of
123residents of a mobile home park or recreational vehicle park as
124defined in chapter 513 to conduct bingo is conditioned upon the
125return of the net proceeds from such games to players in the
126form of prizes after having deducted the actual business
127expenses for such games for articles designed for and essential
128to the operation, conduct, and playing of bingo. Any net
129proceeds remaining after paying prizes may be donated by the
130association to a charitable, nonprofit, or veterans'
131organization which is exempt from federal income tax under the
132provisions of s. 501(c) of the Internal Revenue Code to be used
133in such recipient organization's charitable, civic, community,
134benevolent, religious, or scholastic works or similar activities
135or, in the alternative, such remaining proceeds shall be used as
136specified in subsection (3).
137     (5)  Except for instant bingo prizes, which are limited to
138the amounts displayed on the ticket or on the game flare, a No
139jackpot shall not exceed the value of $250 in actual money or
140its equivalent, and there shall be no more than three jackpots
141in any one session of bingo.
142     (6)  Except for instant bingo, which is not limited by this
143subsection, the number of days per week during which
144organizations authorized under this section hereunder may
145conduct bingo shall may not exceed two.
146     (7)  Except for instant bingo prizes, which are limited to
147the amounts displayed on the ticket or on the game flare, there
148shall be no more than three jackpots on any one day of play. All
149other game prizes shall not exceed $50.
150     (8)  Each person involved in the conduct of any bingo game
151or instant bingo must be a resident of the community where the
152organization is located and a bona fide member of the
153organization sponsoring such game and may not be compensated in
154any way for operation of such bingo game. When bingo games or
155instant bingo is are conducted by a charitable, nonprofit, or
156veterans' organization, the organization conducting the bingo
157games must shall be required to designate up to three members of
158that organization to be in charge of the games, one of whom
159shall be present during the entire session at which the bingo
160games are conducted. The organization conducting the bingo games
161is responsible for posting a notice, which notice states the
162name of the organization and the designated member or members,
163in a conspicuous place on the premises at which the session is
164held or instant bingo is played. In no event may A caller in a
165bingo game may not be a participant in that bingo game.
166     (9)  Every charitable, nonprofit, or veterans' organization
167involved in the conduct of a bingo game or instant bingo must be
168located in the county, or within a 15-mile radius of, where the
169bingo game or instant bingo is located.
170     (10)(a)  No one under 18 years of age shall be allowed to
171play any bingo game or instant bingo or be involved in the
172conduct of a bingo game or instant bingo in any way.
173     (b)  Any organization conducting bingo open to the public
174may refuse entry to any person who is objectionable or
175undesirable to the sponsoring organization, but such refusal of
176entry shall not be on the basis of race, creed, color, religion,
177sex, national origin, marital status, or physical handicap.
178     (11)  Bingo games or instant bingo may be held only on the
179following premises:
180     (a)  Property owned by the charitable, nonprofit, or
181veterans' organization.
182     (b)  Property owned by the charitable, nonprofit, or
183veterans' organization that will benefit by the proceeds.
184     (c)  Property leased for a period of not less than 1 year
185by a charitable, nonprofit, or veterans' organization, providing
186the lease or rental agreement does not provide for the payment
187of a percentage of the proceeds generated at such premises to
188the lessor or any other party and providing the rental rate for
189such premises does not exceed the rental rates charged for
190similar premises in the same locale.
191     (d)  Property owned by a municipality or a county when the
192governing authority has, by appropriate ordinance or resolution,
193specifically authorized the use of such property for the conduct
194of such games.
195     (e)  With respect to bingo games conducted by a condominium
196association, a cooperative association, a homeowners'
197association as defined in s. 720.301, a mobile home owners'
198association, a group of residents of a mobile home park as
199defined in chapter 723, or a group of residents of a mobile home
200park or recreational vehicle park as defined in chapter 513,
201property owned by the association, property owned by the
202residents of the mobile home park or recreational vehicle park,
203or property which is a common area located within the
204condominium, mobile home park, or recreational vehicle park.
205     (12)  Each bingo game shall be conducted in accordance with
206the following rules:
207     (a)  The objects, whether drawn or ejected, shall be
208essentially equal as to size, shape, weight, and balance and as
209to all other characteristics that may control their selection
210from the receptacle. The caller shall cancel any game if, during
211the course of a game, the mechanism used in the drawing or
212ejection of objects becomes jammed in such a manner as to
213interfere with the accurate determination of the next number to
214be announced or if the caller determines that more than one
215object is labeled with the same number or that there is a number
216to be drawn without a corresponding object. Any player in a game
217canceled pursuant to this paragraph shall be permitted to play
218the next game free of charge.
219     (b)  Prior to commencement of any bingo session, the member
220in charge shall cause a verification to be made of all objects
221to be placed in the receptacle and shall inspect the objects in
222the presence of a disinterested person to ensure that all
223objects are present and that there are no duplications or
224omissions of numbers on the objects. Any player shall be
225entitled to call for a verification of numbers before, during,
226and after a session.
227     (c)  The card or sheet on which the game is played shall be
228part of a deck, group, or series, no two of which may be alike
229in any given game.
230     (d)  All numbers shall be visibly displayed after being
231drawn and before being placed in the rack.
232     (e)  A bona fide bingo shall consist of a predesignated
233arrangement of numbers on a card or sheet that correspond with
234the numbers on the objects drawn from the receptacle and
235announced. Errors in numbers announced or misplaced in the rack
236may not be recognized as a bingo.
237     (f)  When a caller has started to vocally announce a
238number, the caller shall complete the call. If any player has
239obtained a bingo on a previous number, such player will share
240the prize with the player who gained bingo on the last number
241called.
242     (g)  Numbers on the winning cards or sheets shall be
243announced and verified in the presence of another player. Any
244player shall be entitled at the time the winner is determined to
245call for a verification of numbers drawn. The verification shall
246be in the presence of the member designated to be in charge of
247the occasion or, if such person is also the caller, in the
248presence of an officer of the licensee.
249     (h)  Upon determining a winner, the caller shall ask, "Are
250there any other winners?" If no one replies, the caller shall
251declare the game closed. No other player is entitled to share
252the prize unless she or he has declared a bingo prior to this
253announcement.
254     (i)  Seats may not be held or reserved by an organization
255or person involved in the conduct of any bingo game for players
256not present, nor may any cards be set aside, held, or reserved
257from one session to another for any player.
258     (13)(a)  Instant bingo tickets must be sold at the price
259printed on the ticket or on the game flare by the manufacturer,
260not to exceed $1. Discounts may not be given for the purchase of
261multiple tickets, nor may tickets be given away free of charge.
262     (b)  Each deal of instant bingo tickets must be accompanied
263by a flare, and the flare must be posted before the sale of any
264tickets in that deal.
265     (c)  Each instant bingo ticket in a deal must bear the same
266serial number, and there may not be more than one serial number
267in each deal. Serial numbers printed on a deal of instant bingo
268tickets may not be repeated by the manufacturer on the same
269form for a period of 3 years.
270     (d)  The serial number for each deal must be clearly and
271legibly placed on the outside of each deal's package, box, or
272other container.
273     (e)  Instant bingo tickets manufactured, sold, or
274distributed in this state must comply with the applicable
275standards on pull-tabs of the North American Gaming Regulators
276Association, as amended.
277     (f)  Except as provided under paragraph (e), an instant
278bingo ticket manufactured, sold, or distributed in this state
279must:
280     1.  Be manufactured so that it is not possible to identify
281whether it is a winning or losing instant bingo ticket until it
282has been opened by the player as intended.
283     2.  Be manufactured using at least a two-ply paper stock
284construction so that the instant bingo ticket is opaque.
285     3.  Have the form number, the deal's serial number, and
286the name or logo of the manufacturer conspicuously printed on
287the face or cover of the instant bingo ticket.
288     4.  Have a form of winner protection that allows the
289organization to verify, after the instant bingo ticket has been
290played, that the winning instant bingo ticket presented for
291payment is an authentic winning instant bingo ticket for the
292deal in play. The manufacturer shall provide a written
293description of the winner protection with each deal of instant
294bingo tickets.
295     (g)  Each manufacturer and distributor that sells or
296distributes instant bingo tickets in this state to charitable,
297nonprofit, or veterans' organizations shall prepare an invoice
298that contains the following information:
299     1.  Date of sale.
300     2.  Form number and serial number of each deal sold.
301     3.  Number of instant bingo tickets in each deal sold.
302     4.  Name of distributor or organization to whom each deal
303is sold.
304     5.  Price of each deal sold.
305
306All information contained on an invoice must be maintained by
307the distributor or manufacturer for 3 years.
308     (h)  The invoice, or a true and accurate copy thereof, must
309be on the premises where any deal of instant bingo tickets is
310stored or in play.
311     (i)  The Department of the Lottery shall keep a list of at
312least five qualified instant bingo ticket manufacturers that are
313authorized to sell instant bingo tickets within the state. The
314Department of the Lottery shall process all applications to be
315placed on the list of instant bingo ticket manufacturers
316pursuant to s. 120.60. A distributor or charitable, nonprofit,
317or veterans' organization may not purchase, distribute, or sell
318instant bingo tickets manufactured by any manufacturer other
319than those qualified instant bingo ticket manufacturers listed by
320the Department of the Lottery.
321     (14)(13)  Any organization or other person who willfully
322and knowingly violates any provision of this section commits is
323guilty of a misdemeanor of the first degree, punishable as
324provided in s. 775.082 or s. 775.083. For a second or subsequent
325offense, the organization or other person commits is guilty of a
326felony of the third degree, punishable as provided in s.
327775.082, s. 775.083, or s. 775.084.
328     Section 3.  For the purpose of incorporating the amendment
329made by this act to section 849.0931, Florida Statutes, in a
330reference thereto, section 718.114, Florida Statutes, is
331reenacted to read:
332     718.114  Association powers.--An association has the power
333to enter into agreements, to acquire leaseholds, memberships,
334and other possessory or use interests in lands or facilities
335such as country clubs, golf courses, marinas, and other
336recreational facilities. It has this power whether or not the
337lands or facilities are contiguous to the lands of the
338condominium, if they are intended to provide enjoyment,
339recreation, or other use or benefit to the unit owners. All of
340these leaseholds, memberships, and other possessory or use
341interests existing or created at the time of recording the
342declaration must be stated and fully described in the
343declaration. Subsequent to the recording of the declaration, the
344association may not acquire or enter into agreements acquiring
345these leaseholds, memberships, or other possessory or use
346interests except as authorized by the declaration. The
347declaration may provide that the rental, membership fees,
348operations, replacements, and other expenses are common expenses
349and may impose covenants and restrictions concerning their use
350and may contain other provisions not inconsistent with this
351chapter. A condominium association may conduct bingo games as
352provided in s. 849.0931.
353     Section 4.  For the purpose of incorporating the amendment
354made by this act to section 849.0931, Florida Statutes, in a
355reference thereto, subsection (8) of section 723.079, Florida
356Statutes, is reenacted to read:
357     723.079  Powers and duties of homeowners' association.--
358     (8)  Any mobile home owners' association or group of
359residents of a mobile home park as defined in this chapter may
360conduct bingo games as provided in s. 849.0931.
361     Section 5.  This act shall take effect July 1, 2007.


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