Florida Senate - 2021 SB 10-A By Senator Hutson 7-00012-21A 202110A__ 1 A bill to be entitled 2 An act relating to bingo; amending s. 550.01215, F.S.; 3 requiring applicants for an operating license to 4 include dates the applicant intends to conduct bingo 5 games or instant bingo; amending s. 550.0251, F.S.; 6 specifying that the Division of Pari-mutuel Wagering 7 has specific powers and duties relating to bingo games 8 and instant bingo; amending s. 550.054, F.S.; 9 conforming provisions to changes made by the act; 10 creating s. 849.089, F.S.; providing legislative 11 intent; defining terms; specifying that it is not a 12 crime for a person to participate in bingo games or 13 instant bingo under certain circumstances; capping the 14 number of electronic bingo card minders that may be in 15 operation; providing authorizations and requirements 16 for the division relating to bingo games and instant 17 bingo; authorizing the division to adopt rules; 18 requiring a person to have a bingo license to conduct 19 bingo games or instant bingo at a pari-mutuel facility 20 in this state; providing requirements and prohibitions 21 relating to such license; requiring certain persons 22 and bingo management companies to hold specified bingo 23 occupational licenses; providing requirements and 24 prohibitions relating to such licenses; requiring the 25 division to adopt rules; authorizing the division to 26 deny, declare a person ineligible for, or revoke bingo 27 occupational licenses under certain circumstances; 28 providing fingerprinting requirements for bingo 29 occupational licenses; providing requirements for 30 conducting bingo games; authorizing bingo operators to 31 charge fees for players participating in bingo games; 32 requiring that notice of such fees be posted in a 33 conspicuous place on the licensed premises at all 34 times; providing recordkeeping and reporting 35 requirements for licensees conducting bingo games; 36 prohibiting persons from operating or permitting the 37 operation of certain devices; prohibiting persons 38 under a specified age from holding specified bingo 39 licenses or participating in certain bingo games or 40 instant bingo; authorizing a bingo operator to refuse 41 entry to certain persons or refuse to allow certain 42 persons to play bingo under certain circumstances; 43 requiring bingo operators to make specified 44 contributions to nonprofit organizations of certain 45 proceeds from bingo games and instant bingo; requiring 46 bingo operators to report such contributions to the 47 division; prohibiting a municipality, county, or other 48 political subdivision from assessing or collecting 49 certain taxes relating to bingo games and instant 50 bingo; authorizing the division to suspend, revoke, or 51 deny licenses or license renewals under certain 52 circumstances; authorizing the division to suspend or 53 revoke a pari-mutuel permit or license under certain 54 circumstances; authorizing the division to impose 55 administrative fines; providing criminal penalties; 56 authorizing certain entities to apply for a temporary 57 or permanent injunction under certain circumstances; 58 amending s. 849.0931, F.S.; prohibiting the use of 59 certain devices relating to bingo; authorizing hand 60 held or table-top bingo card minders to be used if 61 certain requirements are met; creating s. 849.143, 62 F.S.; specifying that certain activities relating to 63 bingo games and instant bingo are not subject to 64 certain gambling-related prohibitions; amending SB 4A 65 to include the regulation of bingo games and instant 66 bingo at licensed pari-mutuel facilities in a type two 67 transfer occurring on a certain date; providing a 68 contingent effective date. 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1. Subsection (1) of section 550.01215, Florida 73 Statutes, is amended to read: 74 550.01215 License application; periods of operation; bond, 75 conversion of permit.— 76 (1) Each permitholder shall annually, during the period 77 between December 15 and January 4, file in writing with the 78 division its application for a license to conduct performances 79 during the next state fiscal year. Each application shall 80 specify the number, dates, and starting times of all 81 performances which the permitholder intends to conduct. It shall 82 also specify which performances will be conducted as charity or 83 scholarship performances. In addition, each application for a 84 license shall include, for each permitholder which elects to 85 operate a cardroom or conduct bingo games or instant bingo, the 86 dates and periods of operation the permitholder intends to 87 operate the cardroom or conduct bingo games or instant bingo or, 88 for each thoroughbred permitholder which elects to receive or 89 rebroadcast out-of-state races after 7 p.m., the dates for all 90 performances which the permitholder intends to conduct. 91 Permitholders shall be entitled to amend their applications 92 through February 28. 93 Section 2. Subsection (14) is added to section 550.0251, 94 Florida Statutes, to read: 95 550.0251 The powers and duties of the Division of Pari 96 mutuel Wagering of the Department of Business and Professional 97 Regulation.—The division shall administer this chapter and 98 regulate the pari-mutuel industry under this chapter and the 99 rules adopted pursuant thereto, and: 100 (14)(a) The division shall have the full authority and 101 power to make, adopt, amend, or repeal rules relating to bingo 102 games and instant bingo in pari-mutuel facilities, to enforce 103 and to carry out the provisions of s. 849.089, and to regulate 104 such bingo games and instant bingo in this state. 105 (b) The division shall have the authority to suspend a 106 permitholder’s permit or license, if such permitholder is 107 conducting bingo games or instant bingo and such permitholder’s 108 bingo license has been suspended or revoked pursuant to s. 109 849.089. 110 Section 3. Paragraph (b) of subsection (14) of section 111 550.054, Florida Statutes, is amended to read: 112 550.054 Application for permit to conduct pari-mutuel 113 wagering.— 114 (14) 115 (b) The division, upon application from the holder of a jai 116 alai permit meeting all conditions of this section, shall 117 convert the permit and shall issue to the permitholder a permit 118 to conduct greyhound racing. A permitholder of a permit 119 converted under this section shall be required to apply for and 120 conduct a full schedule of live racing each fiscal year to be 121 eligible for any tax credit provided by this chapter. The holder 122 of a permit converted pursuant to this subsection or any holder 123 of a permit to conduct greyhound racing located in a county in 124 which it is the only permit issued pursuant to this section who 125 operates at a leased facility pursuant to s. 550.475 may move 126 the location for which the permit has been issued to another 127 location within a 30-mile radius of the location fixed in the 128 permit issued in that county, provided the move does not cross 129 the county boundary and such location is approved under the 130 zoning regulations of the county or municipality in which the 131 permit is located, and upon such relocation may use the permit 132 for the conduct of pari-mutuel wagering, the conduct of bingo 133 games or instant bingo, and the operation of a cardroom. The 134 provisions of s. 550.6305(9)(d) and (f) shall apply to any 135 permit converted under this subsection and shall continue to 136 apply to any permit which was previously included under and 137 subject to such provisions before a conversion pursuant to this 138 section occurred. 139 Section 4. Section 849.089, Florida Statutes, is created to 140 read: 141 849.089 Bingo games and instant bingo authorized in 142 licensed pari-mutuel facilities.— 143 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature 144 to provide additional entertainment choices for the residents of 145 and visitors to this state, promote tourism in this state, and 146 provide contributions for nonprofit organizations through the 147 authorization of bingo games and instant bingo at licensed pari 148 mutuel facilities in this state. To ensure public confidence in 149 the integrity of bingo games and instant bingo, this section is 150 designed to strictly regulate the facilities, persons, and 151 procedures related to bingo games and instant bingo. 152 (2) DEFINITIONS.—As used in this section, the term: 153 (a) “Bingo card” has the same meaning as provided in s. 154 849.0931(1). 155 (b) “Bingo game” has the same meaning as provided in s. 156 849.0931(1). 157 (c) “Bingo operator” means a licensed pari-mutuel 158 permitholder that holds a valid permit and operating license 159 issued by the division pursuant to chapter 550 and that also 160 holds a valid bingo license issued by the division pursuant to 161 this section which authorizes such person to conduct bingo games 162 and instant bingo on the permitholder’s licensed premises. 163 (d) “Bingo management company” means any individual who is 164 not an employee of a bingo operator, or any proprietorship, 165 partnership, corporation, or other entity that enters into an 166 agreement with a bingo operator to manage, operate, or otherwise 167 control the daily conduct of bingo games or instant bingo on the 168 bingo operator’s licensed premises. 169 (e) “Deal” has the same meaning as provided in s. 170 849.0931(1). 171 (f) “Division” means the Division of Pari-mutuel Wagering 172 within the Department of Business and Professional Regulation. 173 (g) “Electronic bingo card minder” means a card minding 174 device, which may only be used as a bingo aid device in 175 connection with a bingo game conducted outside of Broward County 176 or Miami-Dade County at a pari-mutuel facility licensed as of 177 January 1, 2021, and which is certified in advance by an 178 independent testing laboratory approved by the division, or any 179 successor agency, and meets each of the following requirements: 180 1. The device must aid a bingo game player by: 181 a. Storing in the memory of the device not more than three 182 bingo faces of tangible bingo cards, as defined by s. 183 849.0931(1)(b) as of January 1, 2021, purchased by a player; 184 b. Comparing the numbers drawn and then individually 185 entered into the device by the player to the bingo faces 186 previously stored in the memory of the device; and 187 c. Identifying preannounced winning bingo patterns marked 188 or covered on the stored bingo faces. 189 2. The device must not be capable of accepting or 190 dispensing any coins, currency, or tokens. 191 3. The device must not be capable of monitoring any bingo 192 card face other than the faces of the tangible bingo card or 193 cards purchased by the player for that game. 194 4. The device must not be capable of displaying or 195 representing the game result through any means other than 196 highlighting the winning numbers marked or covered on the bingo 197 card face or giving an audio alert that the player’s card has a 198 prize-winning pattern. No casino game graphics, themes, or 199 titles, including, but not limited to, depictions of slot 200 machine-style symbols, cards, craps, roulette, or lotto, may be 201 used. 202 5. The device must not be capable of determining the 203 outcome of any game. 204 6. Progressive prizes in excess of $2,500 are prohibited. 205 7. Other than progressive prizes not to exceed $2,500, no 206 prize exceeding $1,000 may be awarded. 207 8. No electronic bingo card minder may contain more than 208 one player position for playing bingo. 209 9. No electronic bingo card minder may contain or be linked 210 to more than one video display. 211 10. Prizes must be awarded based solely on the results of 212 the bingo game. No additional element of chance may be used. 213 (h) “Flare” has the same meaning as provided in s. 214 849.0931(1). 215 (i) “Gross receipts” means the total amount of money 216 received by a bingo operator from any person for participation 217 in bingo games, including, but not limited to, participation 218 fees authorized in subsection (8) or the sale of instant bingo 219 tickets. 220 (j) “Independent testing laboratory” means an independent 221 laboratory: 222 1. With demonstrated competence testing gaming machines and 223 equipment; 224 2. That is licensed by at least 10 other states; and 225 3. That has not had its license suspended or revoked by any 226 other state within the immediately preceding 10 years. 227 (k) “Instant bingo” has the same meaning as provided in s. 228 849.0931(1). 229 (l) “Net proceeds” means the total amount of gross receipts 230 received by a bingo operator from conducting bingo games and 231 instant bingo less direct operating expenses related to 232 conducting such games, including labor costs, contributions to 233 nonprofit organizations pursuant to paragraph (11)(a), and 234 reasonable promotional costs, but excluding officer and director 235 compensation, interest on capital debt, legal fees, real estate 236 taxes, bad debts, contributions or donations, or overhead and 237 depreciation expenses not directly related to conducting bingo 238 games or instant bingo. 239 (m) “Nonprofit organization” means an organization exempt 240 from federal income tax under s. 501(c)(3) of the Internal 241 Revenue Code. 242 (n) “Objects” has the same meaning as provided in s. 243 849.0931(1). 244 (o) “Rack” has the same meaning as provided in s. 245 849.0931(1). 246 (p) “Receptacle” has the same meaning as provided in s. 247 849.0931(1). 248 (q) “Session” has the same meaning as provided in s. 249 849.0931(1). 250 (3) BINGO GAMES AND INSTANT BINGO AUTHORIZED.— 251 (a) Notwithstanding any other provision of law, it is not a 252 crime for a person to participate in bingo games or instant 253 bingo on the licensed premises of a bingo operator if such games 254 are conducted strictly in accordance with this section. 255 (b) Notwithstanding any other provision of law, the number 256 of electronic bingo card minders in operation shall not exceed 257 the maximum number authorized in the gaming compact ratified, 258 approved, and described in s. 285.710(3). 259 (4) AUTHORITY OF DIVISION.—The division shall administer 260 this section and regulate the conduct of bingo games and instant 261 bingo under this section and the rules adopted pursuant thereto. 262 The division may: 263 (a) Adopt rules to administer this act, including, but not 264 limited to, the issuance of bingo and employee licenses for 265 bingo activities, the conduct of bingo games and instant bingo, 266 recordkeeping and reporting requirements, and required 267 contributions from bingo proceeds to nonprofit organizations. 268 Such rules may not conflict with, and must be applied, 269 construed, and interpreted in a manner consistent with, a gaming 270 compact ratified, approved, and described in s. 285.710(3). 271 (b) Conduct investigations and monitor the conduct of bingo 272 games and instant bingo in pari-mutuel facilities. 273 (c) Review the books, accounts, and records of any current 274 or former bingo operator. 275 (d) Suspend or revoke any license or permit, after a 276 hearing, for any violation of this section or the administrative 277 rules adopted pursuant thereto. 278 (e) Take testimony, issue summons and subpoenas for any 279 witness, and issue subpoenas duces tecum in connection with any 280 matter within its jurisdiction. 281 (5) LICENSE REQUIRED; APPLICATION.—A person may not conduct 282 bingo games or instant bingo at a pari-mutuel facility in this 283 state unless such person holds a valid bingo license issued 284 pursuant to this section. 285 (a) Only persons holding a valid bingo license issued by 286 the division may conduct bingo games or instant bingo on the 287 bingo operator’s licensed premises. A bingo license may only be 288 issued to a licensed pari-mutuel permitholder, and bingo games 289 and instant bingo may only be conducted at the same licensed 290 premises at which the permitholder is authorized under its valid 291 pari-mutuel wagering permit to conduct pari-mutuel wagering 292 activities. 293 (b) After the initial bingo license is granted, the 294 application for the annual license renewal must be made in 295 conjunction with the applicant’s annual application for its 296 pari-mutuel license. If a permitholder has conducted bingo games 297 or instant bingo during any of the 3 previous fiscal years and 298 fails to include a renewal request for bingo games or instant 299 bingo in its annual application for license renewal, the 300 permitholder may amend its annual application to include bingo 301 games or instant bingo. 302 (c) Persons seeking a license or license renewal to conduct 303 bingo games or instant bingo must apply on forms prescribed by 304 the division. Applications for bingo licenses must contain all 305 information the division, by rule, determines is required to 306 ensure eligibility. 307 (6) BUSINESS AND EMPLOYEE OCCUPATIONAL LICENSE REQUIRED; 308 APPLICATION.— 309 (a) A person employed or otherwise working at a pari-mutuel 310 facility conducting bingo games or instant bingo as a bingo 311 manager or caller or performing any other activity related to 312 bingo games or instant bingo while the facility is conducting 313 bingo games or instant bingo must hold a valid bingo employee 314 occupational license issued by the division. Food service, 315 maintenance, and security employees with a current pari-mutuel 316 occupational license and a current background check are not 317 required to have a bingo employee occupational license. 318 (b) A bingo management company must hold a valid bingo 319 business occupational license issued by the division. 320 (c) A licensed bingo operator may not employ or allow to 321 work in a room or area set aside for bingo on the bingo 322 operator’s licensed premises any person who does not hold a 323 valid occupational license. A licensed bingo operator may not 324 contract or otherwise do business with a business required to 325 hold a valid bingo business occupational license unless the 326 business holds such license. 327 (d) The division shall establish by rule a schedule for the 328 renewal of bingo occupational licenses. Bingo occupational 329 licenses are not transferable. 330 (e) Persons seeking bingo occupational licenses or license 331 renewals must apply on forms prescribed by the division. 332 Applications for bingo occupational licenses must contain all 333 information the division, by rule, determines is required to 334 ensure eligibility. 335 (f) The division shall adopt rules relating to bingo 336 occupational licenses. Section 550.105(4) through (8) and (10) 337 relating to licensure also applies to bingo occupational 338 licenses. 339 (g) The division may deny, declare ineligible for, or 340 revoke any bingo occupational license if the applicant or holder 341 thereof has been found guilty or had adjudication withheld in 342 this state or any other state or under the laws of the United 343 States of a felony or misdemeanor involving forgery, larceny, 344 extortion, conspiracy to defraud, or filing false reports to a 345 government agency or a racing or gaming commission or authority. 346 (h) Fingerprints for all bingo occupational license 347 applications shall be taken in a manner approved by the division 348 and shall be submitted to the Department of Law Enforcement and 349 the Federal Bureau of Investigation for a criminal records check 350 upon initial application and at least every 5 years thereafter. 351 The division may require by rule an annual record check of all 352 renewal applications for a bingo occupational license. The cost 353 of processing fingerprints and conducting a record check shall 354 be borne by the applicant. 355 (7) CONDITIONS FOR CONDUCTING BINGO GAMES AND INSTANT 356 BINGO.— 357 (a) Bingo games and instant bingo may be conducted only at 358 the licensed premises specified on the bingo license issued by 359 the division, and such premises may only be the location at 360 which the pari-mutuel permitholder is authorized to conduct 361 pari-mutuel wagering activities pursuant to such permitholder’s 362 valid pari-mutuel permit or as otherwise authorized by law. 363 (b) A bingo operator may conduct bingo games and instant 364 bingo at the pari-mutuel facility daily throughout the year. 365 Bingo games and instant bingo may be conducted 24 hours per day. 366 (c) A bingo operator must employ a nonplaying caller for 367 each bingo game at all times. Such callers may not have a 368 participatory interest in any bingo game other than announcing 369 the game and may not have an interest in the outcome of the 370 game. The licensee providing such callers does not constitute 371 the conducting of a banking game by the bingo operator. 372 (d) Each bingo operator shall conspicuously post upon the 373 licensed premises a notice which contains a copy of the bingo 374 license, any house rules regarding the conduct and play of bingo 375 games or instant bingo, and all costs for players to 376 participate. 377 (e) A bingo operator’s premises are subject to inspection 378 by the division or any law enforcement agency during the 379 licensee’s regular business hours. The inspection must 380 specifically include the permitholder internal control 381 procedures approved by the division. 382 (f) Each bingo game must be conducted in accordance with 383 the following: 384 1. The objects, whether drawn or ejected, must be 385 essentially equal in size, shape, weight, and balance and in all 386 other characteristics that may control their selection from the 387 receptacle. The caller must cancel any game if, during the 388 course of a game, the mechanism used in the drawing or ejection 389 of objects becomes jammed in such a manner as to interfere with 390 the accurate determination of the next number to be announced or 391 if the caller determines that more than one object is labeled 392 with the same number or that there is a number to be drawn 393 without a corresponding object. Any player in a game canceled 394 pursuant to this subparagraph may play the next game free of 395 charge; 396 2. Before commencement of any bingo session, a licensed 397 employee shall require a verification of all objects to be 398 placed in the receptacle and shall inspect the objects in the 399 presence of a disinterested person to ensure that all objects 400 are present and that there are no duplications or omissions of 401 numbers on the objects. Any player is entitled to call for a 402 verification of numbers before, during, or after a session; 403 3. The card or sheet on which the game is played must be 404 part of a deck, group, or series, no two of which may be alike 405 in any given game; 406 4. All numbers must be visibly displayed after being drawn 407 and before being placed in the rack; 408 5. A bona fide bingo shall consist of a predesignated 409 arrangement of numbers on a card or sheet which correspond with 410 the numbers on the objects drawn from the receptacle and 411 announced. Errors in numbers announced or misplaced in the rack 412 may not be recognized as a bingo; 413 6. When a caller has started to vocally announce a number, 414 the caller must complete the call. If any player has obtained a 415 bingo on a previous number, such player must share the prize 416 with the player who gained bingo on the last number called; 417 7. Numbers on the winning cards or sheets must be announced 418 and verified in the presence of another player. Any player is 419 entitled at the time the winner is determined to call for a 420 verification of numbers drawn. The verification must be in the 421 presence of the caller, the player determined to be the winner, 422 the player calling for verification of the numbers drawn, and 423 the bingo manager or an officer of the licensee; 424 8. Upon determining a winner, the caller must ask, “Are 425 there any other winners?” If no one replies, the caller shall 426 declare the game closed. No other player is entitled to share 427 the prize unless she or he declared bingo before the 428 declaration; and 429 9. Seats may not be held or reserved for players who are 430 not present, and cards may not be set aside, held, or reserved 431 from one session to another for any player. 432 (g)1. Instant bingo tickets must be sold at the price 433 printed on the ticket or on the game flare by the manufacturer. 434 Discounts may not be given for the purchase of multiple tickets, 435 and tickets may not be given away free of charge. 436 2. Each deal of instant bingo tickets must be accompanied 437 by a flare, and the flare must be posted before the sale of any 438 tickets in that deal. 439 3. Each instant bingo ticket in a deal must bear the same 440 serial number, and there may not be more than one serial number 441 in each deal. Serial numbers printed on a deal of instant bingo 442 tickets may not be repeated by the manufacturer on the same form 443 for a period of 3 years. 444 4. The serial number for each deal must be clearly and 445 legibly placed on the outside of each deal’s package, box, or 446 other container. 447 5. Instant bingo tickets manufactured, sold, or distributed 448 in this state must comply with the applicable standards on pull 449 tabs of the North American Gaming Regulators Association. 450 6. Except as provided under subparagraph 5., an instant 451 bingo ticket manufactured, sold, or distributed in this state 452 must: 453 a. Be manufactured so that it is not possible to identify 454 whether it is a winning or losing instant bingo ticket until it 455 has been opened by the player as intended; 456 b. Be manufactured using at least two-ply paper stock 457 construction so that the instant bingo ticket is opaque; 458 c. Have the form number, the deal’s serial number, and the 459 name or logo of the manufacturer conspicuously printed on the 460 face or cover of the instant bingo ticket; and 461 d. Have a form of winner protection that allows the 462 organization to verify, after the instant bingo ticket has been 463 played, that the winning instant bingo ticket presented for 464 payment is an authentic winning instant bingo ticket for the 465 deal in play. The manufacturer shall provide a written 466 description of the winner protection with each deal of instant 467 bingo tickets. 468 7. Each manufacturer and distributor that sells or 469 distributes instant bingo tickets in this state to bingo 470 operators or bingo management companies must prepare an invoice 471 that contains the following information: 472 a. The date of sale; 473 b. The form number and serial number of each deal sold; 474 c. The number of instant bingo tickets in each deal sold; 475 d. The name of the distributor, bingo operator, or bingo 476 management company to whom each deal is sold; and 477 e. The price of each deal sold. 478 479 All information contained on an invoice must be maintained by 480 the distributor and manufacturer for 3 years. 481 8. The invoice or a true and accurate copy thereof must be 482 kept on the licensed premises where any deal of instant bingo 483 tickets is stored or in play. 484 (8) FEES FOR PARTICIPATION.—The bingo operator may charge a 485 fee for players to participate in bingo games. Such fee may be a 486 flat fee or hourly rate or a fee per bingo card. Notice of the 487 amount of the participation fee shall be posted in a conspicuous 488 place on the licensed premises at all times. 489 (9) RECORDS AND REPORTS.— 490 (a) Each licensee conducting bingo games or instant bingo 491 shall keep and maintain daily records of its bingo activities 492 and shall maintain such records for at least 3 years. These 493 records must include all financial transactions and contain 494 sufficient detail to determine compliance with this section. All 495 records must be available for audit and inspection by the 496 division or law enforcement agencies during the licensee’s 497 regular business hours. The information required in such records 498 shall be determined by division rule. 499 (b) Each licensee conducting bingo games or instant bingo 500 shall file with the division a report containing the required 501 records of such bingo activities. Such report must be filed 502 monthly by licensees. The required reports must be submitted on 503 forms prescribed by the division, are due at the same time the 504 monthly pari-mutuel reports are due to the division, must 505 contain any additional information deemed necessary by the 506 division, and are public records once filed. 507 (10) PROHIBITED ACTIVITIES.— 508 (a) Except for electronic bingo card minders as defined in 509 paragraph (2)(g) and card minders that meet the requirements 510 under s. 849.0931(15), a person may not operate or permit the 511 operation of a device that displays bingo cards or instant bingo 512 tickets, or the results from the play of bingo or instant bingo, 513 using a video or electromechanical format, including, but not 514 limited to, any device that displays any aspect of the bingo 515 game or instant bingo game using casino game graphics, themes, 516 or titles, including, but not limited to, depictions of slot 517 machine-style symbols, cards, craps, roulette, or lotto. 518 Notwithstanding the foregoing, bingo games played using an 519 electronic bingo card minder pursuant to this section do not 520 violate the exclusivity provisions of the gaming compact 521 ratified, approved, and described in s. 285.710(3). 522 (b) A person under 18 years of age may not hold a bingo 523 operator or occupational license or participate in any bingo 524 game or instant bingo conducted pursuant to this section. 525 (c) A bingo operator may refuse entry to or refuse to allow 526 any person to play who is objectionable, undesirable, or 527 disruptive, but such refusal may not be on the basis of race, 528 creed, color, religion, gender, national origin, marital status, 529 physical handicap, or, except as provided in paragraph (b), age. 530 (11) CONTRIBUTIONS TO NONPROFIT ORGANIZATIONS AND OTHER 531 PAYMENTS.— 532 (a) As a condition of licensure, a bingo operator must 533 contribute the entire net proceeds received from bingo games and 534 instant bingo on at least 21 calendar days each year to one or 535 more nonprofit organizations chosen by the bingo operator. A 536 bingo operator shall report such contributions to the division 537 in the format prescribed by the division, including, but not 538 limited to, the amounts and dates of such contributions and the 539 organizations to whom such contributions were made. 540 (b) Bingo games and instant bingo are deemed an accessory 541 use to a licensed pari-mutuel operation and, except as provided 542 in chapter 550, a municipality, county, or political subdivision 543 may not assess or collect any license tax, sales tax, or excise 544 tax on such bingo games or instant bingo. 545 (12) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE.— 546 (a) The division may deny a license or the renewal thereof 547 or may suspend or revoke a license if the applicant or licensee 548 has violated or failed to comply with this section or any rule 549 adopted pursuant thereto; knowingly caused, aided, abetted, or 550 conspired with another to cause any person to violate this 551 section or any rule adopted pursuant thereto; obtained a license 552 or permit by fraud, misrepresentation, or concealment; or if the 553 holder of such license is no longer eligible for a license under 554 this section. 555 (b) If a pari-mutuel permitholder’s pari-mutuel permit or 556 license is suspended or revoked by the division pursuant to 557 chapter 550, the division may, but is not required to, suspend 558 or revoke such permitholder’s bingo license. If a bingo 559 operator’s license is suspended or revoked pursuant to this 560 section, the division may, but is not required to, suspend or 561 revoke such licensee’s pari-mutuel permit or license. 562 (c) Notwithstanding any other provision of this section, 563 the division may impose an administrative fine, not to exceed 564 $1,000 per violation, against any person who has violated or 565 failed to comply with this section or any rule adopted pursuant 566 thereto. 567 (13) CRIMINAL PENALTY; INJUNCTION.— 568 (a)l. Any person who conducts bingo games or instant bingo 569 on the licensed premises of a pari-mutuel facility without a 570 valid license issued pursuant to this section commits a felony 571 of the third degree, punishable as provided in s. 775.082, s. 572 775.083, or s. 775.084. 573 2. Except as provided in subparagraph 3., any licensee or 574 permitholder who violates this section commits a misdemeanor of 575 the first degree, punishable as provided in s. 775.082 or s. 576 775.083. Any licensee or permitholder who commits a second or 577 subsequent violation of the same paragraph or subsection commits 578 a felony of the third degree, punishable as provided in s. 579 775.082, s. 775.083, or s. 775.084. 580 3. Any organization or other person who willfully and 581 knowingly violates paragraph (10)(a) commits a misdemeanor of 582 the first degree, punishable as provided in s. 775.082 or s. 583 775.083. For a second or subsequent offense, the organization or 584 other person commits a felony of the third degree, punishable as 585 provided in s. 775.082, s. 775.083, or s. 775.084. 586 (b) The division, any state attorney, the statewide 587 prosecutor, or the Attorney General may apply for a temporary or 588 permanent injunction restraining further violation of this 589 section, and such injunction shall issue without bond. 590 Section 5. Present subsection (14) of section 849.0931, 591 Florida Statutes, is redesignated as subsection (16), and new 592 subsections (14) and (15) are added to that section, to read: 593 849.0931 Bingo authorized; conditions for conduct; 594 permitted uses of proceeds; limitations.— 595 (14) Except for card minders authorized under subsection 596 (15), an organization or person may not operate or permit the 597 operation of a device that displays bingo cards or instant bingo 598 tickets, or the results from the play of bingo or instant bingo, 599 using a video or electromechanical format, including, but not 600 limited to, any device that displays any aspect of the bingo or 601 instant bingo game using casino game graphics, themes, or 602 titles, including, but not limited to, depictions of slot 603 machine-style symbols, cards, craps, roulette, or lotto. 604 (15) Hand-held or table-top bingo card minders may be used 605 in connection with bingo games as defined in this section. Such 606 card minders: 607 (a) Must require players to manually input each individual 608 number or symbol announced by a live caller; 609 (b) May not display or represent the game result through 610 any means, including, but not limited to, video or mechanical 611 reels or other slot machine or casino game themes; and 612 (c) May highlight the winning numbers or symbols marked or 613 covered on the flat piece of paper or thin pasteboard bingo 614 card, or give an audio alert that the player’s card has a prize 615 winning pattern. 616 Section 6. Section 849.143, Florida Statutes, is created to 617 read: 618 849.143 Bingo games and instant bingo at pari-mutuel 619 facilities exemption.—Sections 849.01, 849.08, 849.09, 849.11, 620 849.14, and 849.25 do not apply to participation in or the 621 conduct of bingo games and instant bingo conducted pursuant to 622 s. 849.089. 623 Section 7. If SB 4A, 2021 Special Session A, becomes a law, 624 subsection (1) of section 11 of SB 4A, 2021 Special Session A, 625 is amended to read: 626 (1) Effective July 1, 2022, all powers, duties, functions, 627 records, offices, personnel, associated administrative support 628 positions, property, pending issues, existing contracts, 629 administrative authority, administrative rules, and unexpended 630 balances of appropriations, allocations, and other funds in the 631 Department of Business and Professional Regulation related to 632 the oversight responsibilities by the state compliance agency 633 for authorized gaming compacts under s. 285.710, Florida 634 Statutes, the regulation of pari-mutuel wagering under chapter 635 550, Florida Statutes, the regulation of slot machines and slot 636 machine gaming under chapter 551, Florida Statutes, the 637 regulation of bingo games and instant bingo played at licensed 638 pari-mutuel facilities under s. 849.089, Florida Statutes, and 639 the regulation of cardrooms under s. 849.086, Florida Statutes, 640 are transferred by a type two transfer, as defined in s. 641 20.06(2), Florida Statutes, to the Florida Gaming Control 642 Commission within the Department of Legal Affairs, Office of the 643 Attorney General. 644 Section 8. This act shall take effect on the same date that 645 SB 2A or similar legislation takes effect, if such legislation 646 is adopted in the same legislative session or an extension 647 thereof and becomes a law.