Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 500
                        Barcode 512234
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1           Comm: RCS             .                    
       03/07/2007 12:05 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Regulated Industries (King) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  This act may be cited as the "Evelyn
19  Wiesman-Price Act."
20         Section 2.  Section 849.0931, Florida Statutes, is
21  amended to read:
22         849.0931  Bingo authorized; conditions for conduct;
23  permitted uses of proceeds; limitations.--
24         (1)  As used in this section:
25         (a)  "Bingo game" means and refers to the activity,
26  commonly known as "bingo," in which participants pay a sum of
27  money for the use of one or more bingo cards. When the game
28  commences, numbers are drawn by chance, one by one, and
29  announced. The players cover or mark those numbers on the
30  bingo cards which they have purchased until a player receives
31  a given order of numbers in sequence that has been
                                  1
    1:11 PM   03/05/07                             s0500d-ri08-b01

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 512234 1 preannounced for that particular game. This player calls out 2 "bingo" and is declared the winner of a predetermined prize. 3 More than one game may be played upon a bingo card, and 4 numbers called for one game may be used for a succeeding game 5 or games. 6 (b) "Bingo card" means and refers to the flat piece of 7 paper or thin pasteboard employed by players engaged in the 8 game of bingo. The bingo card shall have not fewer than 24 9 playing numbers printed on it. These playing numbers shall 10 range from 1 through 75, inclusive. More than one set of bingo 11 numbers may be printed on any single piece of paper. 12 (c) "Charitable, nonprofit, or veterans' organization" 13 means an organization which has qualified for exemption from 14 federal income tax as an exempt organization under the 15 provisions of s. 501(c) of the Internal Revenue Code of 1954 16 or s. 528 of the Internal Revenue Code of 1986, as amended; 17 which is engaged in charitable, civic, community, benevolent, 18 religious, or scholastic works or other similar activities; 19 and which has been in existence and active for a period of 3 20 years or more. 21 (d) "Deal" means a separate set or package of not more 22 than 4,000 instant bingo tickets in which the predetermined 23 minimum prize payout is at least 65 percent of the total 24 receipts from the sale of the entire deal. 25 (e) "Flare" means the board or placard that 26 accompanies each deal of instant bingo tickets and that has 27 printed on or affixed to it the following information: 28 1. The game name. 29 2. The manufacturer's name or distinctive logo. 30 3. The form number. 31 4. The ticket count. 2 1:11 PM 03/05/07 s0500d-ri08-b01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 512234 1 5. The prize structure, including the number of 2 symbols or number combinations for winning instant bingo 3 tickets by denomination, with their respective winning symbols 4 or number combinations. 5 6. The cost per play. 6 7. The game serial number. 7 (f) "Instant bingo" means a form of bingo that is 8 played using tickets by which a player wins a prize by opening 9 and removing a cover from the ticket to reveal a set of 10 numbers, letters, objects, or patterns, some of which have 11 been designated in advance as prize winners. 12 (g)(d) "Objects" means a set of 75 balls or other 13 precision shapes that are imprinted with letters and numbers 14 in such a way that numbers 1 through 15 are marked with the 15 letter "B," numbers 16 through 30 are marked with the letter 16 "I," numbers 31 through 45 are marked with the letter "N," 17 numbers 46 through 60 are marked with the letter "G," and 18 numbers 61 through 75 are marked with the letter "O." 19 (h)(e) "Rack" means the container in which the objects 20 are placed after being drawn and announced. 21 (i)(f) "Receptacle" means the container from which the 22 objects are drawn or ejected. 23 (j)(g) "Session" means a designated set of games 24 played in a day or part of a day. 25 (2)(a) None of the provisions of this chapter shall be 26 construed to prohibit or prevent charitable, nonprofit, or 27 veterans' organizations engaged in charitable, civic, 28 community, benevolent, religious, or scholastic works or other 29 similar endeavors, which organizations have been in existence 30 and active for a period of 3 years or more, from conducting 31 bingo games or instant bingo, provided the entire proceeds 3 1:11 PM 03/05/07 s0500d-ri08-b01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 512234 1 derived from the conduct of such games, less actual business 2 expenses for articles designed for and essential to the 3 operation, conduct, and playing of bingo or instant bingo, are 4 donated by such organizations to the endeavors mentioned 5 above. In no case may the net proceeds from the conduct of 6 such games be used for any other purpose whatsoever. The 7 proceeds derived from the conduct of bingo games or instant 8 bingo shall not be considered solicitation of public 9 donations. 10 (b) It is the express intent of the Legislature that 11 no charitable, nonprofit, or veterans' organization serve as a 12 sponsor of a bingo game or instant bingo conducted by another, 13 but such organization may only be directly involved in the 14 conduct of such a game as provided in this act. 15 (3) If an organization is not engaged in efforts of 16 the type set out above, its right to conduct bingo games 17 hereunder is conditioned upon the return of all the proceeds 18 from such games to the players in the form of prizes. If at 19 the conclusion of play on any day during which a bingo game is 20 allowed to be played under this section there remain proceeds 21 which have not been paid out as prizes, the organization 22 conducting the game shall at the next scheduled day of play 23 conduct bingo games without any charge to the players and 24 shall continue to do so until the proceeds carried over from 25 the previous days played have been exhausted. This provision 26 in no way extends the limitation on the number of prize or 27 jackpot games allowed in one day as provided for in subsection 28 (5). 29 (4) The right of a condominium association, a 30 cooperative association, a homeowners' association as defined 31 in s. 720.301, a mobile home owners' association, a group of 4 1:11 PM 03/05/07 s0500d-ri08-b01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 512234 1 residents of a mobile home park as defined in chapter 723, or 2 a group of residents of a mobile home park or recreational 3 vehicle park as defined in chapter 513 to conduct bingo is 4 conditioned upon the return of the net proceeds from such 5 games to players in the form of prizes after having deducted 6 the actual business expenses for such games for articles 7 designed for and essential to the operation, conduct, and 8 playing of bingo. Any net proceeds remaining after paying 9 prizes may be donated by the association to a charitable, 10 nonprofit, or veterans' organization which is exempt from 11 federal income tax under the provisions of s. 501(c) of the 12 Internal Revenue Code to be used in such recipient 13 organization's charitable, civic, community, benevolent, 14 religious, or scholastic works or similar activities or, in 15 the alternative, such remaining proceeds shall be used as 16 specified in subsection (3). 17 (5) Except for instant bingo prizes, which are limited 18 to the amounts displayed on the ticket or on the game flare, a 19 No jackpot shall not exceed the value of $250 in actual money 20 or its equivalent, and there shall be no more than three 21 jackpots in any one session of bingo. 22 (6) Except for instant bingo, which is not limited by 23 this subsection, the number of days per week during which 24 organizations authorized under this section hereunder may 25 conduct bingo shall may not exceed two. 26 (7) Except for instant bingo prizes, which are limited 27 to the amounts displayed on the ticket or on the game flare, 28 there shall be no more than three jackpots on any one day of 29 play. All other game prizes shall not exceed $50. 30 (8) Each person involved in the conduct of any bingo 31 game or instant bingo must be a resident of the community 5 1:11 PM 03/05/07 s0500d-ri08-b01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 512234 1 where the organization is located and a bona fide member of 2 the organization sponsoring such game and may not be 3 compensated in any way for operation of such bingo game. When 4 bingo games or instant bingo is are conducted by a charitable, 5 nonprofit, or veterans' organization, the organization 6 conducting the bingo games must shall be required to designate 7 up to three members of that organization to be in charge of 8 the games, one of whom shall be present during the entire 9 session at which the bingo games are conducted. The 10 organization conducting the bingo games is responsible for 11 posting a notice, which notice states the name of the 12 organization and the designated member or members, in a 13 conspicuous place on the premises at which the session is held 14 or instant bingo is played. In no event may A caller in a 15 bingo game may not be a participant in that bingo game. 16 (9) Every charitable, nonprofit, or veterans' 17 organization involved in the conduct of a bingo game or 18 instant bingo must be located in the county, or within a 19 15-mile radius of, where the bingo game or instant bingo is 20 located. 21 (10)(a) No one under 18 years of age shall be allowed 22 to play any bingo game or instant bingo or be involved in the 23 conduct of a bingo game or instant bingo in any way. 24 (b) Any organization conducting bingo open to the 25 public may refuse entry to any person who is objectionable or 26 undesirable to the sponsoring organization, but such refusal 27 of entry shall not be on the basis of race, creed, color, 28 religion, sex, national origin, marital status, or physical 29 handicap. 30 (11) Bingo games or instant bingo may be held only on 31 the following premises: 6 1:11 PM 03/05/07 s0500d-ri08-b01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 512234 1 (a) Property owned by the charitable, nonprofit, or 2 veterans' organization. 3 (b) Property owned by the charitable, nonprofit, or 4 veterans' organization that will benefit by the proceeds. 5 (c) Property leased for a period of not less than 1 6 year by a charitable, nonprofit, or veterans' organization, 7 providing the lease or rental agreement does not provide for 8 the payment of a percentage of the proceeds generated at such 9 premises to the lessor or any other party and providing the 10 rental rate for such premises does not exceed the rental rates 11 charged for similar premises in the same locale. 12 (d) Property owned by a municipality or a county when 13 the governing authority has, by appropriate ordinance or 14 resolution, specifically authorized the use of such property 15 for the conduct of such games. 16 (e) With respect to bingo games conducted by a 17 condominium association, a cooperative association, a 18 homeowners' association as defined in s. 720.301, a mobile 19 home owners' association, a group of residents of a mobile 20 home park as defined in chapter 723, or a group of residents 21 of a mobile home park or recreational vehicle park as defined 22 in chapter 513, property owned by the association, property 23 owned by the residents of the mobile home park or recreational 24 vehicle park, or property which is a common area located 25 within the condominium, mobile home park, or recreational 26 vehicle park. 27 (12) Each bingo game shall be conducted in accordance 28 with the following rules: 29 (a) The objects, whether drawn or ejected, shall be 30 essentially equal as to size, shape, weight, and balance and 31 as to all other characteristics that may control their 7 1:11 PM 03/05/07 s0500d-ri08-b01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 512234 1 selection from the receptacle. The caller shall cancel any 2 game if, during the course of a game, the mechanism used in 3 the drawing or ejection of objects becomes jammed in such a 4 manner as to interfere with the accurate determination of the 5 next number to be announced or if the caller determines that 6 more than one object is labeled with the same number or that 7 there is a number to be drawn without a corresponding object. 8 Any player in a game canceled pursuant to this paragraph shall 9 be permitted to play the next game free of charge. 10 (b) Prior to commencement of any bingo session, the 11 member in charge shall cause a verification to be made of all 12 objects to be placed in the receptacle and shall inspect the 13 objects in the presence of a disinterested person to ensure 14 that all objects are present and that there are no 15 duplications or omissions of numbers on the objects. Any 16 player shall be entitled to call for a verification of numbers 17 before, during, and after a session. 18 (c) The card or sheet on which the game is played 19 shall be part of a deck, group, or series, no two of which may 20 be alike in any given game. 21 (d) All numbers shall be visibly displayed after being 22 drawn and before being placed in the rack. 23 (e) A bona fide bingo shall consist of a predesignated 24 arrangement of numbers on a card or sheet that correspond with 25 the numbers on the objects drawn from the receptacle and 26 announced. Errors in numbers announced or misplaced in the 27 rack may not be recognized as a bingo. 28 (f) When a caller has started to vocally announce a 29 number, the caller shall complete the call. If any player has 30 obtained a bingo on a previous number, such player will share 31 the prize with the player who gained bingo on the last number 8 1:11 PM 03/05/07 s0500d-ri08-b01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 512234 1 called. 2 (g) Numbers on the winning cards or sheets shall be 3 announced and verified in the presence of another player. Any 4 player shall be entitled at the time the winner is determined 5 to call for a verification of numbers drawn. The verification 6 shall be in the presence of the member designated to be in 7 charge of the occasion or, if such person is also the caller, 8 in the presence of an officer of the licensee. 9 (h) Upon determining a winner, the caller shall ask, " 10 Are there any other winners?" If no one replies, the caller 11 shall declare the game closed. No other player is entitled to 12 share the prize unless she or he has declared a bingo prior to 13 this announcement. 14 (i) Seats may not be held or reserved by an 15 organization or person involved in the conduct of any bingo 16 game for players not present, nor may any cards be set aside, 17 held, or reserved from one session to another for any player. 18 (13)(a) Instant bingo tickets must be sold at the 19 price printed on the ticket or on the game flare by the 20 manufacturer, not to exceed $1. Discounts may not be given for 21 the purchase of multiple tickets, nor may tickets be given 22 away free of charge. 23 (b) Each deal of instant bingo tickets must be 24 accompanied by a flare, and the flare must be posted before 25 the sale of any tickets in that deal. 26 (c) Each instant bingo ticket in a deal must bear the 27 same serial number, and there may not be more than one serial 28 number in each deal. Serial numbers printed on a deal of 29 instant bingo tickets may not be repeated by the manufacturer 30 on the same form for a period of 3 years. 31 (d) The serial number for each deal must be clearly 9 1:11 PM 03/05/07 s0500d-ri08-b01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 512234 1 and legibly placed on the outside of each deal's package, box, 2 or other container. 3 (e) Instant bingo tickets manufactured, sold, or 4 distributed in this state must comply with the applicable 5 standards on pull-tabs of the North American Gaming Regulators 6 Association, as amended. 7 (f) Except as provided under paragraph (e), an instant 8 bingo ticket manufactured, sold, or distributed in this state 9 must: 10 1. Be manufactured so that it is not possible to 11 identify whether it is a winning or losing instant bingo 12 ticket until it has been opened by the player as intended. 13 2. Be manufactured using at least a two-ply paper 14 stock construction so that the instant bingo ticket is opaque. 15 3. Have the form number, the deal's serial number, and 16 the name or logo of the manufacturer conspicuously printed on 17 the face or cover of the instant bingo ticket. 18 4. Have a form of winner protection that allows the 19 organization to verify, after the instant bingo ticket has 20 been played, that the winning instant bingo ticket presented 21 for payment is an authentic winning instant bingo ticket for 22 the deal in play. The manufacturer shall provide a written 23 description of the winner protection with each deal of instant 24 bingo tickets. 25 (g) Each manufacturer and distributor that sells or 26 distributes instant bingo tickets in this state to charitable, 27 nonprofit, or veterans' organizations shall prepare an invoice 28 that contains the following information: 29 1. Date of sale. 30 2. Form number and serial number of each deal sold. 31 3. Number of instant bingo tickets in each deal sold. 10 1:11 PM 03/05/07 s0500d-ri08-b01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 512234 1 4. Name of distributor or organization to whom each 2 deal is sold. 3 5. Price of each deal sold. 4 5 All information contained on an invoice must be maintained by 6 the distributor or manufacturer for 3 years. 7 (h) The invoice, or a true and accurate copy thereof, 8 must be on the premises where any deal of instant bingo 9 tickets is stored or in play. 10 (i) The Department of the Lottery shall keep a list of 11 at least five qualified instant bingo ticket manufacturers 12 that are authorized to sell instant bingo tickets within the 13 state. The Department of the Lottery shall process all 14 applications to be placed on the list of instant bingo ticket 15 manufacturers pursuant to s. 120.60. A distributor or 16 charitable, nonprofit, or veterans' organization may not 17 purchase, distribute, or sell instant bingo tickets 18 manufactured by any manufacturer other than those qualified 19 instant bingo ticket manufacturers listed by the Department of 20 the Lottery. 21 (14)(13) Any organization or other person who 22 willfully and knowingly violates any provision of this section 23 commits is guilty of a misdemeanor of the first degree, 24 punishable as provided in s. 775.082 or s. 775.083. For a 25 second or subsequent offense, the organization or other person 26 commits is guilty of a felony of the third degree, punishable 27 as provided in s. 775.082, s. 775.083, or s. 775.084. 28 Section 3. For the purpose of incorporating the 29 amendment made by this act to section 849.0931, Florida 30 Statutes, in a reference thereto, section 718.114, Florida 31 Statutes, is reenacted to read: 11 1:11 PM 03/05/07 s0500d-ri08-b01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 512234 1 718.114 Association powers.--An association has the 2 power to enter into agreements, to acquire leaseholds, 3 memberships, and other possessory or use interests in lands or 4 facilities such as country clubs, golf courses, marinas, and 5 other recreational facilities. It has this power whether or 6 not the lands or facilities are contiguous to the lands of the 7 condominium, if they are intended to provide enjoyment, 8 recreation, or other use or benefit to the unit owners. All of 9 these leaseholds, memberships, and other possessory or use 10 interests existing or created at the time of recording the 11 declaration must be stated and fully described in the 12 declaration. Subsequent to the recording of the declaration, 13 the association may not acquire or enter into agreements 14 acquiring these leaseholds, memberships, or other possessory 15 or use interests except as authorized by the declaration. The 16 declaration may provide that the rental, membership fees, 17 operations, replacements, and other expenses are common 18 expenses and may impose covenants and restrictions concerning 19 their use and may contain other provisions not inconsistent 20 with this chapter. A condominium association may conduct bingo 21 games as provided in s. 849.0931. 22 Section 4. For the purpose of incorporating the 23 amendment made by this act to section 849.0931, Florida 24 Statutes, in a reference thereto, subsection (8) of section 25 723.079, Florida Statutes, is reenacted to read: 26 723.079 Powers and duties of homeowners' 27 association.-- 28 (8) Any mobile home owners' association or group of 29 residents of a mobile home park as defined in this chapter may 30 conduct bingo games as provided in s. 849.0931. 31 Section 5. This act shall take effect July 1, 2007. 12 1:11 PM 03/05/07 s0500d-ri08-b01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 500 Barcode 512234 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to bingo; providing a short 8 title; amending s. 849.0931, F.S.; defining the 9 terms "deal," "flare," and "instant bingo"; 10 exempting instant bingo from specified 11 prohibitions; providing requirements for the 12 operation of instant bingo games; providing 13 requirements for the use of proceeds and prize 14 payout; providing requirements for the 15 manufacture and sale of instant bingo tickets; 16 providing duties of the Department of the 17 Lottery; providing penalties; reenacting ss. 18 718.114 and 723.079(8), F.S., relating to 19 powers and duties of condominium and 20 homeowners' associations, to incorporate the 21 amendment to s. 849.0931, F.S., in references 22 thereto; providing an effective date. 23 24 25 26 27 28 29 30 31 13 1:11 PM 03/05/07 s0500d-ri08-b01