CS/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 penalties; reenacting ss. 718.114 and
10723.079(8), F.S., relating to powers and duties of
11condominium and homeowners' associations, to incorporate
12the amendment to s. 849.0931, F.S., in references thereto;
13providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  This act may be cited as the "Evelyn Wiesman-
18Price Act."
19     Section 2.  Section 849.0931, Florida Statutes, is amended
20to read:
21     849.0931  Bingo authorized; conditions for conduct;
22permitted uses of proceeds; limitations.--
23     (1)  As used in this section:
24     (a)  "Bingo game" means and refers to the activity,
25commonly known as "bingo," in which participants pay a sum of
26money for the use of one or more bingo cards. When the game
27commences, numbers are drawn by chance, one by one, and
28announced. The players cover or mark those numbers on the bingo
29cards which they have purchased until a player receives a given
30order of numbers in sequence that has been preannounced for that
31particular game. This player calls out "bingo" and is declared
32the winner of a predetermined prize. More than one game may be
33played upon a bingo card, and numbers called for one game may be
34used for a succeeding game or games.
35     (b)  "Bingo card" means and refers to the flat piece of
36paper or thin pasteboard employed by players engaged in the game
37of bingo. The bingo card shall have not fewer than 24 playing
38numbers printed on it. These playing numbers shall range from 1
39through 75, inclusive. More than one set of bingo numbers may be
40printed on any single piece of paper.
41     (c)  "Charitable, nonprofit, or veterans' organization"
42means an organization which has qualified for exemption from
43federal income tax as an exempt organization under the
44provisions of s. 501(c) of the Internal Revenue Code of 1954 or
45s. 528 of the Internal Revenue Code of 1986, as amended; which
46is engaged in charitable, civic, community, benevolent,
47religious, or scholastic works or other similar activities; and
48which has been in existence and active for a period of 3 years
49or more.
50     (d)  "Deal" means a separate set or package of not more
51than 4,000 instant bingo tickets in which the predetermined
52minimum prize payout is at least 65 percent of the total
53receipts from the sale of the entire deal.
54     (e)  "Flare" means the board or placard that accompanies
55each deal of instant bingo tickets and that has printed on or
56affixed to it the following information:
57     1.  The game name.
58     2.  The manufacturer's name or distinctive logo.
59     3.  The form number.
60     4.  The ticket count.
61     5.  The prize structure, including the number of symbols or
62number combinations for winning instant bingo tickets by
63denomination, with their respective winning symbols or number
64combinations.
65     6.  The cost per play.
66     7.  The game serial number.
67     (f)  "Instant bingo" means a form of bingo that is played
68using tickets by which a player wins a prize by opening and
69removing a cover from the ticket to reveal a set of numbers,
70letters, objects, or patterns, some of which have been
71designated in advance as prize winners.
72     (g)(d)  "Objects" means a set of 75 balls or other
73precision shapes that are imprinted with letters and numbers in
74such a way that numbers 1 through 15 are marked with the letter
75"B," numbers 16 through 30 are marked with the letter "I,"
76numbers 31 through 45 are marked with the letter "N," numbers 46
77through 60 are marked with the letter "G," and numbers 61
78through 75 are marked with the letter "O."
79     (h)(e)  "Rack" means the container in which the objects are
80placed after being drawn and announced.
81     (i)(f)  "Receptacle" means the container from which the
82objects are drawn or ejected.
83     (j)(g)  "Session" means a designated set of games played in
84a day or part of a day.
85     (2)(a)  None of the provisions of this chapter shall be
86construed to prohibit or prevent charitable, nonprofit, or
87veterans' organizations engaged in charitable, civic, community,
88benevolent, religious, or scholastic works or other similar
89endeavors, which organizations have been in existence and active
90for a period of 3 years or more, from conducting bingo games or
91instant bingo, provided the entire proceeds derived from the
92conduct of such games, less actual business expenses for
93articles designed for and essential to the operation, conduct,
94and playing of bingo or instant bingo, are donated by such
95organizations to the endeavors mentioned above. In no case may
96the net proceeds from the conduct of such games be used for any
97other purpose whatsoever. The proceeds derived from the conduct
98of bingo games or instant bingo shall not be considered
99solicitation of public donations.
100     (b)  It is the express intent of the Legislature that no
101charitable, nonprofit, or veterans' organization serve as a
102sponsor of a bingo game or instant bingo conducted by another,
103but such organization may only be directly involved in the
104conduct of such a game as provided in this act.
105     (3)  If an organization is not engaged in efforts of the
106type set out above, its right to conduct bingo games hereunder
107is conditioned upon the return of all the proceeds from such
108games to the players in the form of prizes. If at the conclusion
109of play on any day during which a bingo game is allowed to be
110played under this section there remain proceeds which have not
111been paid out as prizes, the organization conducting the game
112shall at the next scheduled day of play conduct bingo games
113without any charge to the players and shall continue to do so
114until the proceeds carried over from the previous days played
115have been exhausted. This provision in no way extends the
116limitation on the number of prize or jackpot games allowed in
117one day as provided for in subsection (5).
118     (4)  The right of a condominium association, a cooperative
119association, a homeowners' association as defined in s. 720.301,
120a mobile home owners' association, a group of residents of a
121mobile home park as defined in chapter 723, or a group of
122residents of a mobile home park or recreational vehicle park as
123defined in chapter 513 to conduct bingo is conditioned upon the
124return of the net proceeds from such games to players in the
125form of prizes after having deducted the actual business
126expenses for such games for articles designed for and essential
127to the operation, conduct, and playing of bingo. Any net
128proceeds remaining after paying prizes may be donated by the
129association to a charitable, nonprofit, or veterans'
130organization which is exempt from federal income tax under the
131provisions of s. 501(c) of the Internal Revenue Code to be used
132in such recipient organization's charitable, civic, community,
133benevolent, religious, or scholastic works or similar activities
134or, in the alternative, such remaining proceeds shall be used as
135specified in subsection (3).
136     (5)  Except for instant bingo prizes, which are limited to
137the amounts displayed on the ticket or on the game flare, a No
138jackpot shall not exceed the value of $250 in actual money or
139its equivalent, and there shall be no more than three jackpots
140in any one session of bingo.
141     (6)  Except for instant bingo, which is not limited by this
142subsection, the number of days per week during which
143organizations authorized under this section hereunder may
144conduct bingo shall may not exceed two.
145     (7)  Except for instant bingo prizes, which are limited to
146the amounts displayed on the ticket or on the game flare, there
147shall be no more than three jackpots on any one day of play. All
148other game prizes shall not exceed $50.
149     (8)  Each person involved in the conduct of any bingo game
150or instant bingo must be a resident of the community where the
151organization is located and a bona fide member of the
152organization sponsoring such game and may not be compensated in
153any way for operation of such bingo game. When bingo games or
154instant bingo is are conducted by a charitable, nonprofit, or
155veterans' organization, the organization conducting the bingo
156games must shall be required to designate up to three members of
157that organization to be in charge of the games, one of whom
158shall be present during the entire session at which the bingo
159games are conducted. The organization conducting the bingo games
160is responsible for posting a notice, which notice states the
161name of the organization and the designated member or members,
162in a conspicuous place on the premises at which the session is
163held or instant bingo is played. In no event may A caller in a
164bingo game may not be a participant in that bingo game.
165     (9)  Every charitable, nonprofit, or veterans' organization
166involved in the conduct of a bingo game or instant bingo must be
167located in the county, or within a 15-mile radius of, where the
168bingo game or instant bingo is located.
169     (10)(a)  No one under 18 years of age shall be allowed to
170play any bingo game or instant bingo or be involved in the
171conduct of a bingo game or instant bingo in any way.
172     (b)  Any organization conducting bingo open to the public
173may refuse entry to any person who is objectionable or
174undesirable to the sponsoring organization, but such refusal of
175entry shall not be on the basis of race, creed, color, religion,
176sex, national origin, marital status, or physical handicap.
177     (11)  Bingo games or instant bingo may be held only on the
178following premises:
179     (a)  Property owned by the charitable, nonprofit, or
180veterans' organization.
181     (b)  Property owned by the charitable, nonprofit, or
182veterans' organization that will benefit by the proceeds.
183     (c)  Property leased for a period of not less than 1 year
184by a charitable, nonprofit, or veterans' organization, providing
185the lease or rental agreement does not provide for the payment
186of a percentage of the proceeds generated at such premises to
187the lessor or any other party and providing the rental rate for
188such premises does not exceed the rental rates charged for
189similar premises in the same locale.
190     (d)  Property owned by a municipality or a county when the
191governing authority has, by appropriate ordinance or resolution,
192specifically authorized the use of such property for the conduct
193of such games.
194     (e)  With respect to bingo games conducted by a condominium
195association, a cooperative association, a homeowners'
196association as defined in s. 720.301, a mobile home owners'
197association, a group of residents of a mobile home park as
198defined in chapter 723, or a group of residents of a mobile home
199park or recreational vehicle park as defined in chapter 513,
200property owned by the association, property owned by the
201residents of the mobile home park or recreational vehicle park,
202or property which is a common area located within the
203condominium, mobile home park, or recreational vehicle park.
204     (12)  Each bingo game shall be conducted in accordance with
205the following rules:
206     (a)  The objects, whether drawn or ejected, shall be
207essentially equal as to size, shape, weight, and balance and as
208to all other characteristics that may control their selection
209from the receptacle. The caller shall cancel any game if, during
210the course of a game, the mechanism used in the drawing or
211ejection of objects becomes jammed in such a manner as to
212interfere with the accurate determination of the next number to
213be announced or if the caller determines that more than one
214object is labeled with the same number or that there is a number
215to be drawn without a corresponding object. Any player in a game
216canceled pursuant to this paragraph shall be permitted to play
217the next game free of charge.
218     (b)  Prior to commencement of any bingo session, the member
219in charge shall cause a verification to be made of all objects
220to be placed in the receptacle and shall inspect the objects in
221the presence of a disinterested person to ensure that all
222objects are present and that there are no duplications or
223omissions of numbers on the objects. Any player shall be
224entitled to call for a verification of numbers before, during,
225and after a session.
226     (c)  The card or sheet on which the game is played shall be
227part of a deck, group, or series, no two of which may be alike
228in any given game.
229     (d)  All numbers shall be visibly displayed after being
230drawn and before being placed in the rack.
231     (e)  A bona fide bingo shall consist of a predesignated
232arrangement of numbers on a card or sheet that correspond with
233the numbers on the objects drawn from the receptacle and
234announced. Errors in numbers announced or misplaced in the rack
235may not be recognized as a bingo.
236     (f)  When a caller has started to vocally announce a
237number, the caller shall complete the call. If any player has
238obtained a bingo on a previous number, such player will share
239the prize with the player who gained bingo on the last number
240called.
241     (g)  Numbers on the winning cards or sheets shall be
242announced and verified in the presence of another player. Any
243player shall be entitled at the time the winner is determined to
244call for a verification of numbers drawn. The verification shall
245be in the presence of the member designated to be in charge of
246the occasion or, if such person is also the caller, in the
247presence of an officer of the licensee.
248     (h)  Upon determining a winner, the caller shall ask, "Are
249there any other winners?" If no one replies, the caller shall
250declare the game closed. No other player is entitled to share
251the prize unless she or he has declared a bingo prior to this
252announcement.
253     (i)  Seats may not be held or reserved by an organization
254or person involved in the conduct of any bingo game for players
255not present, nor may any cards be set aside, held, or reserved
256from one session to another for any player.
257     (13)(a)  Instant bingo tickets must be sold at the price
258printed on the ticket or on the game flare by the manufacturer,
259not to exceed $1. Discounts may not be given for the purchase of
260multiple tickets, nor may tickets be given away free of charge.
261     (b)  Each deal of instant bingo tickets must be accompanied
262by a flare, and the flare must be posted before the sale of any
263tickets in that deal.
264     (c)  Each instant bingo ticket in a deal must bear the same
265serial number, and there may not be more than one serial number
266in each deal. Serial numbers printed on a deal of instant bingo
267tickets may not be repeated by the manufacturer on the same
268form for a period of 3 years.
269     (d)  The serial number for each deal must be clearly and
270legibly placed on the outside of each deal's package, box, or
271other container.
272     (e)  Instant bingo tickets manufactured, sold, or
273distributed in this state must comply with the applicable
274standards on pull-tabs of the North American Gaming Regulators
275Association, as amended.
276     (f)  Except as provided under paragraph (e), an instant
277bingo ticket manufactured, sold, or distributed in this state
278must:
279     1.  Be manufactured so that it is not possible to identify
280whether it is a winning or losing instant bingo ticket until it
281has been opened by the player as intended.
282     2.  Be manufactured using at least a two-ply paper stock
283construction so that the instant bingo ticket is opaque.
284     3.  Have the form number, the deal's serial number, and
285the name or logo of the manufacturer conspicuously printed on
286the face or cover of the instant bingo ticket.
287     4.  Have a form of winner protection that allows the
288organization to verify, after the instant bingo ticket has been
289played, that the winning instant bingo ticket presented for
290payment is an authentic winning instant bingo ticket for the
291deal in play. The manufacturer shall provide a written
292description of the winner protection with each deal of instant
293bingo tickets.
294     (g)  Each manufacturer and distributor that sells or
295distributes instant bingo tickets in this state to charitable,
296nonprofit, or veterans' organizations shall prepare an invoice
297that contains the following information:
298     1.  Date of sale.
299     2.  Form number and serial number of each deal sold.
300     3.  Number of instant bingo tickets in each deal sold.
301     4.  Name of distributor or organization to whom each deal
302is sold.
303     5.  Price of each deal sold.
304
305All information contained on an invoice must be maintained by
306the distributor or manufacturer for 3 years.
307     (h)  The invoice, or a true and accurate copy thereof, must
308be on the premises where any deal of instant bingo tickets is
309stored or in play.
310     (14)(13)  Any organization or other person who willfully
311and knowingly violates any provision of this section commits is
312guilty of a misdemeanor of the first degree, punishable as
313provided in s. 775.082 or s. 775.083. For a second or subsequent
314offense, the organization or other person commits is guilty of a
315felony of the third degree, punishable as provided in s.
316775.082, s. 775.083, or s. 775.084.
317     Section 3.  For the purpose of incorporating the amendment
318made by this act to section 849.0931, Florida Statutes, in a
319reference thereto, section 718.114, Florida Statutes, is
320reenacted to read:
321     718.114  Association powers.--An association has the power
322to enter into agreements, to acquire leaseholds, memberships,
323and other possessory or use interests in lands or facilities
324such as country clubs, golf courses, marinas, and other
325recreational facilities. It has this power whether or not the
326lands or facilities are contiguous to the lands of the
327condominium, if they are intended to provide enjoyment,
328recreation, or other use or benefit to the unit owners. All of
329these leaseholds, memberships, and other possessory or use
330interests existing or created at the time of recording the
331declaration must be stated and fully described in the
332declaration. Subsequent to the recording of the declaration, the
333association may not acquire or enter into agreements acquiring
334these leaseholds, memberships, or other possessory or use
335interests except as authorized by the declaration. The
336declaration may provide that the rental, membership fees,
337operations, replacements, and other expenses are common expenses
338and may impose covenants and restrictions concerning their use
339and may contain other provisions not inconsistent with this
340chapter. A condominium association may conduct bingo games as
341provided in s. 849.0931.
342     Section 4.  For the purpose of incorporating the amendment
343made by this act to section 849.0931, Florida Statutes, in a
344reference thereto, subsection (8) of section 723.079, Florida
345Statutes, is reenacted to read:
346     723.079  Powers and duties of homeowners' association.--
347     (8)  Any mobile home owners' association or group of
348residents of a mobile home park as defined in this chapter may
349conduct bingo games as provided in s. 849.0931.
350     Section 5.  This act shall take effect July 1, 2007.


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