December 11, 2019
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Senate Bill 1940

Senate Bill sb1940e1

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    CS for SB's 1940 & 2636                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to games and gaming; providing

  3         a popular name; amending s. 849.0931, F.S.;

  4         defining the terms "instant bingo" and "deal";

  5         providing rules for the operation of instant

  6         bingo games; providing penalties; providing

  7         requirements for the manufacture and sale of

  8         instant bingo tickets; providing duties of the

  9         Department of the Lottery; reenacting ss.

10         718.114 and 723.079(8), F.S., relating to

11         condominiums and homeowners' associations, to

12         incorporate the amendment to s. 849.0931, F.S.,

13         in references thereto; amending s. 849.161,

14         F.S.; revising provisions exempting certain

15         amusement centers from the application of

16         gambling regulations; restricting the use of

17         points or coupons received by players in arcade

18         amusement centers; providing an exemption from

19         regulation for certain children's amusement

20         centers; clarifying a reference; prohibiting

21         gambling devices at arcade amusement centers;

22         providing that, with respect to arcade

23         amusement centers, local governments may

24         establish or amend the zoning map designation

25         of a parcel or parcels of land or change the

26         actual list of permitted, conditional, or

27         prohibited uses within a zoning category;

28         authorizing local governments to limit the

29         hours of operation of arcade amusement centers

30         and limit the number of machines in such

31         centers; providing an effective date.


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    CS for SB's 1940 & 2636                        First Engrossed



 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Sections 1 through 4 of this act may be

 4  known by the popular name the "Evelyn Wiesman-Price Act."

 5         Section 2.  Effective July 1, 2004, subsections (1),

 6  (2), (5), (7), (8), (9), (10), and (11) of section 849.0931,

 7  Florida Statutes, are amended, present subsection (13) of said

 8  section is renumbered as subsection (14) and amended, and a

 9  new subsection (13) is added to said section, to read:

10         849.0931  Bingo authorized; conditions for conduct;

11  permitted uses of proceeds; limitations.--

12         (1)  As used in this section:

13         (a)  "Bingo game" means and refers to the activity,

14  commonly known as "bingo," in which participants pay a sum of

15  money for the use of one or more bingo cards. When the game

16  commences, numbers are drawn by chance, one by one, and

17  announced. The players cover or mark those numbers on the

18  bingo cards which they have purchased until a player receives

19  a given order of numbers in sequence that has been

20  preannounced for that particular game. This player calls out

21  "bingo" and is declared the winner of a predetermined prize.

22  More than one game may be played upon a bingo card, and

23  numbers called for one game may be used for a succeeding game

24  or games.

25         (b)  "Bingo card" means and refers to the flat piece of

26  paper or thin pasteboard employed by players engaged in the

27  game of bingo. The bingo card shall have not fewer than 24

28  playing numbers printed on it. These playing numbers shall

29  range from 1 through 75, inclusive. More than one set of bingo

30  numbers may be printed on any single piece of paper.

31  


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    CS for SB's 1940 & 2636                        First Engrossed



 1         (c)  "Charitable, nonprofit, or veterans' organization"

 2  means an organization which has qualified for exemption from

 3  federal income tax as an exempt organization under the

 4  provisions of s. 501(c) of the Internal Revenue Code of 1954

 5  or s. 528 of the Internal Revenue Code of 1986, as amended;

 6  which is engaged in charitable, civic, community, benevolent,

 7  religious, or scholastic works or other similar activities;

 8  and which has been in existence and active for a period of 3

 9  years or more.

10         (d)  "Deal" means a separate set or package of not more

11  than 4,000 instant bingo tickets in which the predetermined

12  minimum prize payout is at least 65 percent of the total

13  receipts from the sale of the entire deal.

14         (e)  "Instant bingo" means a game that is played using

15  tickets by which a player wins a prize by opening and removing

16  a cover from the ticket to reveal a set of numbers, letters,

17  objects, or patterns, some of which have been predesignated in

18  advance as prize winners.

19         (f)(d)  "Objects" means a set of 75 balls or other

20  precision shapes that are imprinted with letters and numbers

21  in such a way that numbers 1 through 15 are marked with the

22  letter "B," numbers 16 through 30 are marked with the letter

23  "I," numbers 31 through 45 are marked with the letter "N,"

24  numbers 46 through 60 are marked with the letter "G," and

25  numbers 61 through 75 are marked with the letter "O."

26         (g)(e)  "Rack" means the container in which the objects

27  are placed after being drawn and announced.

28         (h)(f)  "Receptacle" means the container from which the

29  objects are drawn or ejected.

30         (i)(g)  "Session" means a designated set of games

31  played in a day or part of a day.


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    CS for SB's 1940 & 2636                        First Engrossed



 1         (2)(a)  None of the provisions of this chapter shall be

 2  construed to prohibit or prevent charitable, nonprofit, or

 3  veterans' organizations engaged in charitable, civic,

 4  community, benevolent, religious, or scholastic works or other

 5  similar endeavors, which organizations have been in existence

 6  and active for a period of 3 years or more, from conducting

 7  bingo games or instant bingo, provided the entire proceeds

 8  derived from the conduct of such games, less actual business

 9  expenses for articles designed for and essential to the

10  operation, conduct, and playing of bingo or instant bingo, are

11  donated by such organizations to the endeavors mentioned

12  above. In no case may the net proceeds from the conduct of

13  such games be used for any other purpose whatsoever. The

14  proceeds derived from the conduct of bingo games or instant

15  bingo shall not be considered solicitation of public

16  donations.

17         (b)  It is the express intent of the Legislature that

18  no charitable, nonprofit, or veterans' organization serve as a

19  sponsor of a bingo game or instant bingo conducted by another,

20  but such organization may only be directly involved in the

21  conduct of such a game as provided in this act.

22         (5)  Except for instant bingo prizes, which are limited

23  to those displayed on the ticket, a no jackpot may not shall

24  exceed the value of $250 in actual money or its equivalent,

25  and there may not shall be no more than three jackpots in any

26  one session of bingo.

27         (7)  Except for instant bingo prizes, which are limited

28  to those displayed on the ticket, there may not shall be no

29  more than three jackpots on any one day of play. All other

30  game prizes may shall not exceed $50.

31  


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    CS for SB's 1940 & 2636                        First Engrossed



 1         (8)  Each person involved in the conduct of any bingo

 2  game or instant bingo must be a resident of the community

 3  where the organization is located and a bona fide member of

 4  the organization sponsoring such game and may not be

 5  compensated in any way for operation of such bingo game. When

 6  bingo games or instant bingo are conducted by a charitable,

 7  nonprofit, or veterans' organization, the organization

 8  conducting the bingo games must shall be required to designate

 9  up to three members of that organization to be in charge of

10  the games, one of whom must shall be present during the entire

11  session at which the bingo games are conducted. The

12  organization conducting the bingo games is responsible for

13  posting a notice, which notice states the name of the

14  organization and the designated member or members, in a

15  conspicuous place on the premises at which the session is held

16  or instant bingo is played. In no event may A caller in a

17  bingo game may not be a participant in that bingo game.

18         (9)  Every charitable, nonprofit, or veterans'

19  organization involved in the conduct of a bingo game or

20  instant bingo must be located in the county, or within a

21  15-mile radius of, where the bingo game or instant bingo is

22  located.

23         (10)(a)  No one under 18 years of age shall be allowed

24  to play any bingo game or instant bingo or be involved in the

25  conduct of a bingo game or instant bingo in any way.

26         (b)  Any organization conducting bingo open to the

27  public may refuse entry to any person who is objectionable or

28  undesirable to the sponsoring organization, but such refusal

29  of entry shall not be on the basis of race, creed, color,

30  religion, sex, national origin, marital status, or physical

31  handicap.


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    CS for SB's 1940 & 2636                        First Engrossed



 1         (11)  Bingo games or instant bingo may be held only on

 2  the following premises:

 3         (a)  Property owned by the charitable, nonprofit, or

 4  veterans' organization.

 5         (b)  Property owned by the charitable, nonprofit, or

 6  veterans' organization that will benefit by the proceeds.

 7         (c)  Property leased for a period of not less than 1

 8  year by a charitable, nonprofit, or veterans' organization,

 9  providing the lease or rental agreement does not provide for

10  the payment of a percentage of the proceeds generated at such

11  premises to the lessor or any other party and providing the

12  rental rate for such premises does not exceed the rental rates

13  charged for similar premises in the same locale.

14         (d)  Property owned by a municipality or a county when

15  the governing authority has, by appropriate ordinance or

16  resolution, specifically authorized the use of such property

17  for the conduct of such games.

18         (e)  With respect to bingo games conducted by a

19  condominium association, a cooperative association, a

20  homeowners' association as defined in s. 720.301, a mobile

21  home owners' association, a group of residents of a mobile

22  home park as defined in chapter 723, or a group of residents

23  of a mobile home park or recreational vehicle park as defined

24  in chapter 513, property owned by the association, property

25  owned by the residents of the mobile home park or recreational

26  vehicle park, or property which is a common area located

27  within the condominium, mobile home park, or recreational

28  vehicle park.

29         (13)(a)  Instant bingo tickets must be sold at the

30  price printed on the ticket by the manufacturer, not to exceed

31  


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    CS for SB's 1940 & 2636                        First Engrossed



 1  $1. Discounts may not be given for purchases of multiple

 2  tickets, nor may tickets be given away free of charge.

 3         (b)  The sets of numbers, letters, objects, or patterns

 4  that have been predesignated by the manufacturer as winning

 5  combinations for a deal of instant bingo tickets must be

 6  posted before the sale of any tickets from that deal.

 7         (c)  Each instant bingo ticket in a deal must bear the

 8  same serial number and there may not be more than one serial

 9  number in each deal. Serial numbers printed on a deal of

10  instant bingo tickets may not be repeated by the manufacturer

11  on the same form for a period of 3 years.

12         (d)  The serial number for each deal must be clearly

13  and legibly placed on the outside of each deal's package, box,

14  or other container.

15         (e)  Instant bingo tickets manufactured, sold, or

16  distributed in this state must comply with the applicable

17  mandatory standards on pull-tabs of the North American Gaming

18  Regulators Association, as amended.

19         (f)  Except as provided under paragraph (e), an instant

20  bingo ticket manufactured, sold, or distributed in this state

21  must:

22         1.  Be manufactured so that it is not possible to

23  identify whether it is a winning or losing instant bingo

24  ticket until it has been opened by the player as intended.

25         2.  Be manufactured using at least a two-ply paper

26  stock construction so that the instant bingo ticket is opaque.

27         3.  Have the form number, the deal's serial number, and

28  the name or logo of the manufacturer conspicuously printed on

29  the face or cover of the instant bingo ticket.

30         4.  Have a form of winner protection that allows the

31  organization to verify, after the instant bingo ticket has


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    CS for SB's 1940 & 2636                        First Engrossed



 1  been played, that the winning instant bingo ticket presented

 2  for payment is an authentic winning instant bingo ticket for

 3  the deal in play. The manufacturer shall provide a written

 4  description of the winner protection with each deal of instant

 5  bingo tickets.

 6         (g)  Each manufacturer and distributor that sells or

 7  distributes instant bingo tickets in this state to charitable,

 8  nonprofit, or veterans' organizations shall prepare an invoice

 9  that contains the following information:

10         1.  Date of sale.

11         2.  Form number and the serial number of each deal

12  sold.

13         3.  Number of instant bingo tickets in each deal sold.

14         4.  Name of distributor or organization to whom each

15  deal is sold.

16         5.  Price of each deal sold.

17  

18         All information contained on an invoice must be

19  maintained by the distributor or manufacturer for 3 years.

20         (h)  The invoice, or a true and accurate copy thereof,

21  must be on the premises where any deal of instant bingo

22  tickets is stored or in play.

23         (i)  The Department of the Lottery shall keep a list of

24  at least six qualified instant bingo ticket manufacturers that

25  are authorized to sell instant bingo tickets within the state.

26  The Department of the Lottery shall process all applications

27  to be placed on the list of instant bingo ticket manufacturers

28  pursuant to s. 120.60. A distributor or charitable, nonprofit,

29  or veterans' organization may not purchase, distribute, or

30  sell instant bingo tickets manufactured by any manufacturer

31  


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    CS for SB's 1940 & 2636                        First Engrossed



 1  other than those qualified instant bingo ticket manufacturers

 2  listed by the Department of the Lottery.

 3         (14)(13)  Any organization or other person who

 4  willfully and knowingly violates any provision of this section

 5  commits is guilty of a misdemeanor of the first degree,

 6  punishable as provided in s. 775.082 or s. 775.083.  For a

 7  second or subsequent offense, the organization or other person

 8  commits is guilty of a felony of the third degree, punishable

 9  as provided in s. 775.082, s. 775.083, or s. 775.084.

10         Section 3.  Effective July 1, 2004, for the purpose of

11  incorporating the amendment to section 849.0931, Florida

12  Statutes, in references thereto, section 718.114, Florida

13  Statutes, is reenacted to read:

14         718.114  Association powers.--An association has the

15  power to enter into agreements, to acquire leaseholds,

16  memberships, and other possessory or use interests in lands or

17  facilities such as country clubs, golf courses, marinas, and

18  other recreational facilities.  It has this power whether or

19  not the lands or facilities are contiguous to the lands of the

20  condominium, if they are intended to provide enjoyment,

21  recreation, or other use or benefit to the unit owners. All of

22  these leaseholds, memberships, and other possessory or use

23  interests existing or created at the time of recording the

24  declaration must be stated and fully described in the

25  declaration. Subsequent to the recording of the declaration,

26  the association may not acquire or enter into agreements

27  acquiring these leaseholds, memberships, or other possessory

28  or use interests except as authorized by the declaration.  The

29  declaration may provide that the rental, membership fees,

30  operations, replacements, and other expenses are common

31  expenses and may impose covenants and restrictions concerning


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    CS for SB's 1940 & 2636                        First Engrossed



 1  their use and may contain other provisions not inconsistent

 2  with this chapter.  A condominium association may conduct

 3  bingo games as provided in s. 849.0931.

 4         Section 4.  Effective July 1, 2004, for the purpose of

 5  incorporating the amendment to section 849.0931, Florida

 6  Statutes, in references thereto, subsection (8) of section

 7  723.079, Florida Statutes, is reenacted to read:

 8         723.079  Powers and duties of homeowners'

 9  association.--

10         (8)  Any mobile home owners' association or group of

11  residents of a mobile home park as defined in this chapter may

12  conduct bingo games as provided in s. 849.0931.

13         Section 5.  Section 849.161, Florida Statutes, is

14  amended to read:

15         849.161  Amusement games or machines; when chapter

16  inapplicable.--

17         (1)(a)1.  Nothing contained in this chapter shall be

18  taken or construed as applicable to an arcade amusement center

19  having amusement games or machines not proscribed by ss.

20  849.15 and 849.16, which operate by means of the insertion of

21  a coin or electronic token and which, solely by application of

22  skill, may entitle the person playing or operating the game or

23  machine to receive points or coupons which may be exchanged

24  for merchandise only, excluding cash, and alcoholic beverages,

25  tobacco products, or coupons redeemable for cash, alcoholic

26  beverages, or tobacco products, provided the cost value of the

27  merchandise or prize awarded in exchange for such points or

28  coupons does not exceed 75 cents on any game played. All

29  points or coupons received by a player may be exchanged for

30  the specific product only at the same business location where

31  the game or machine operated by the player is located. Points


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    CS for SB's 1940 & 2636                        First Engrossed



 1  or coupons received by a player may not be exchanged for any

 2  gift certificate, mail order certificate, or similar

 3  conveyance that is redeemable at another business location or

 4  deliverable from a location other than where the arcade is

 5  located.

 6         2.  Nothing contained in this chapter shall be taken or

 7  construed as applicable to any retail dealer who operates as a

 8  truck stop, as defined in chapter 336 and which operates a

 9  minimum of 6 functional diesel fuel pumps, having amusement

10  games or machines which operate by means of the insertion of a

11  coin, electronic token, or other currency and which by

12  application of skill may entitle the person playing or

13  operating the game or machine to receive points or coupons

14  which may be exchanged for merchandise limited to noncash

15  prizes, toys, novelties, and Florida Lottery products,

16  excluding alcoholic beverages, provided the cost value of the

17  merchandise or prize awarded in exchange for such points or

18  coupons does not exceed 75 cents on any game played. This

19  subparagraph applies only to games and machines which are

20  operated for the entertainment of the general public and

21  tourists as bona fide amusement games or machines.  This

22  subsection shall not apply, however, to any game or device

23  defined as a gambling device in chapter 24 of Title 15 U.S.C.

24  under s. 1171 24 U.S.C. s. 1171, which requires identification

25  of each device by permanently affixing seriatim numbering and

26  name, trade name, and date of manufacture under s. 1173, and

27  registration with the United States Attorney General, unless

28  excluded from applicability of the chapter under s. 1178.

29  This subsection shall not be construed to authorize video

30  poker games or any other game or machine that may be construed

31  as a gambling device under Florida law.


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    CS for SB's 1940 & 2636                        First Engrossed



 1         3.  This chapter does not apply to any children's

 2  amusement center having amusement games that operate by means

 3  of the insertion of a coin or other currency or other token

 4  and that may entitle the person operating the game or machine

 5  to receive points or coupons that may be exchanged for noncash

 6  prizes, toys, or novelties for children under the age of 14

 7  years. As used in this subparagraph, the term "children's

 8  amusement center" means a place of business, the general

 9  concept or theme of which is the amusement or entertainment of

10  children under the age of 14 years and that operates

11  coin-operated amusement games and machines in which the

12  majority of such games or machines are for the use or

13  operation by children under the age of 14 years. The term does

14  not include any business that allows the use of video poker

15  games or any other game or device classified as a gambling

16  device in chapter 24 of 15 U.S.C. s. 1171 unless excluded from

17  these requirements under subsection (2) or subsection (3) of

18  s. 1178. Points or coupons received by a player may be

19  exchanged only at the same business or a franchise thereof.

20  Points or coupons received by a player may not be exchanged

21  for any credit card, gift certificate, or similar conveyance,

22  or for cash, alcoholic beverages, tobacco products, or coupons

23  redeemable for cash, alcoholic beverages, or tobacco products.

24         (b)  Nothing in this subsection shall be taken or

25  construed as applicable to a coin-operated or

26  electronic-token-operated game or device designed and

27  manufactured only for bona fide amusement purposes and not

28  proscribed by ss. 849.15 and 849.16, which game or device may,

29  solely by application of skill, entitle the player to replay

30  the game or device at no additional cost, if the game or

31  device: can accumulate and react to no more than 15 free


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    CS for SB's 1940 & 2636                        First Engrossed



 1  replays; can be discharged of accumulated free replays only by

 2  reactivating the game or device for one additional play for

 3  such accumulated free replay; can make no permanent record,

 4  directly or indirectly, of free replays; and is not classified

 5  by the United States as a gambling device in chapter 24 of

 6  Title 15 U.S.C. under s. 1171 24 U.S.C. s. 1171, which

 7  requires identification of each device by permanently affixing

 8  seriatim numbering and name, trade name, and date of

 9  manufacture under s. 1173, and registration with the United

10  States Attorney General, unless excluded from applicability of

11  the chapter under s. 1178. This subsection shall not be

12  construed to authorize video poker games, or any other game or

13  machine that may be construed as a gambling device under

14  Florida law.

15         (c)  Nothing in this subsection with respect to arcade

16  amusement centers shall be taken or construed to abrogate or

17  limit the power of a local government to establish or amend

18  the zoning map designation of a parcel or parcels of land or

19  change the actual list of permitted, conditional, or

20  prohibited uses within a zoning category, and any local

21  government may exercise such power as provided by law.

22         (2)  In addition and supplemental to any other

23  authority under law, the legislative and governing body of a

24  county or municipality shall have the power and authority to

25  limit the number of hours of operation of arcade amusement

26  centers and may also limit the number of machines allowed in

27  such centers.

28         (3)(2)  The term "arcade amusement center" as used in

29  this section means a place of business having at least 50

30  coin-operated amusement games or machines on premises which

31  


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    CS for SB's 1940 & 2636                        First Engrossed



 1  are operated for the entertainment of the general public and

 2  tourists as a bona fide amusement facility.

 3         (4)  A game or machine that may be construed as a

 4  gambling device under state law, including video poker games

 5  or a game or device that resembles a gambling device as

 6  defined in chapter 24 of Title 15 U.S.C. under s. 1171, is

 7  prohibited at arcade amusement centers.

 8         Section 6.  This act shall take effect upon becoming a

 9  law.

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