December 07, 2019
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Senate Bill 1940

Senate Bill sb1940e2

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    CS for SB's 1940 & 2636                       Second 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; amending s. 849.094, F.S.; requiring


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    CS for SB's 1940 & 2636                       Second Engrossed



 1         operators of game promotions to post the terms

 2         of game rules in advertising; providing for

 3         severability; providing an effective date.

 4  

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

 6  

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

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

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

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

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

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

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

14         849.0931  Bingo authorized; conditions for conduct;

15  permitted uses of proceeds; limitations.--

16         (1)  As used in this section:

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

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

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

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

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

22  bingo cards which they have purchased until a player receives

23  a given order of numbers in sequence that has been

24  preannounced for that particular game. This player calls out

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

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

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

28  or games.

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

30  paper or thin pasteboard employed by players engaged in the

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


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    CS for SB's 1940 & 2636                       Second Engrossed



 1  playing numbers printed on it. These playing numbers shall

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

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

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

 5  means an organization which has qualified for exemption from

 6  federal income tax as an exempt organization under the

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

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

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

10  religious, or scholastic works or other similar activities;

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

12  years or more.

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

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

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

16  receipts from the sale of the entire deal.

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

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

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

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

21  advance as prize winners.

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

23  precision shapes that are imprinted with letters and numbers

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

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

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

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

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

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

30  are placed after being drawn and announced.

31  


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    CS for SB's 1940 & 2636                       Second Engrossed



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

 2  objects are drawn or ejected.

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

 4  played in a day or part of a day.

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

 6  construed to prohibit or prevent charitable, nonprofit, or

 7  veterans' organizations engaged in charitable, civic,

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

 9  similar endeavors, which organizations have been in existence

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

11  bingo games or instant bingo, provided the entire proceeds

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

13  expenses for articles designed for and essential to the

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

15  donated by such organizations to the endeavors mentioned

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

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

18  proceeds derived from the conduct of bingo games or instant

19  bingo shall not be considered solicitation of public

20  donations.

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

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

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

24  but such organization may only be directly involved in the

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

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

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

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

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

30  one session of bingo.

31  


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    CS for SB's 1940 & 2636                       Second Engrossed



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

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

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

 4  game prizes may shall not exceed $50.

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

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

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

 8  the organization sponsoring such game and may not be

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

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

11  nonprofit, or veterans' organization, the organization

12  conducting the bingo games must shall be required to designate

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

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

15  session at which the bingo games are conducted. The

16  organization conducting the bingo games is responsible for

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

18  organization and the designated member or members, in a

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

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

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

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

23  organization involved in the conduct of a bingo game or

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

25  15-mile radius of, where the bingo game or instant bingo is

26  located.

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

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

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

30         (b)  Any organization conducting bingo open to the

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


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    CS for SB's 1940 & 2636                       Second Engrossed



 1  undesirable to the sponsoring organization, but such refusal

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

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

 4  handicap.

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

 6  the following premises:

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

 8  veterans' organization.

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

10  veterans' organization that will benefit by the proceeds.

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

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

13  providing the lease or rental agreement does not provide for

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

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

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

17  charged for similar premises in the same locale.

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

19  the governing authority has, by appropriate ordinance or

20  resolution, specifically authorized the use of such property

21  for the conduct of such games.

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

23  condominium association, a cooperative association, a

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

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

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

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

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

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

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

31  


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    CS for SB's 1940 & 2636                       Second Engrossed



 1  within the condominium, mobile home park, or recreational

 2  vehicle park.

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

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

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

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

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

 8  that have been predesignated by the manufacturer as winning

 9  combinations for a deal of instant bingo tickets must be

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

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

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

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

14  instant bingo tickets may not be repeated by the manufacturer

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

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

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

18  or other container.

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

20  distributed in this state must comply with the applicable

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

22  Regulators Association, as amended.

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

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

25  must:

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

27  identify whether it is a winning or losing instant bingo

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

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

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

31  


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    CS for SB's 1940 & 2636                       Second Engrossed



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

 2  the name or logo of the manufacturer conspicuously printed on

 3  the face or cover of the instant bingo ticket.

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

 5  organization to verify, after the instant bingo ticket has

 6  been played, that the winning instant bingo ticket presented

 7  for payment is an authentic winning instant bingo ticket for

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

 9  description of the winner protection with each deal of instant

10  bingo tickets.

11         (g)  Each manufacturer and distributor that sells or

12  distributes instant bingo tickets in this state to charitable,

13  nonprofit, or veterans' organizations shall prepare an invoice

14  that contains the following information:

15         1.  Date of sale.

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

17  sold.

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

19         4.  Name of distributor or organization to whom each

20  deal is sold.

21         5.  Price of each deal sold.

22  

23         All information contained on an invoice must be

24  maintained by the distributor or manufacturer for 3 years.

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

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

27  tickets is stored or in play.

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

29  at least six qualified instant bingo ticket manufacturers that

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

31  The Department of the Lottery shall process all applications


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    CS for SB's 1940 & 2636                       Second Engrossed



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

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

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

 4  sell instant bingo tickets manufactured by any manufacturer

 5  other than those qualified instant bingo ticket manufacturers

 6  listed by the Department of the Lottery.

 7         (14)(13)  Any organization or other person who

 8  willfully and knowingly violates any provision of this section

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

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

11  second or subsequent offense, the organization or other person

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

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

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

15  incorporating the amendment to section 849.0931, Florida

16  Statutes, in references thereto, section 718.114, Florida

17  Statutes, is reenacted to read:

18         718.114  Association powers.--An association has the

19  power to enter into agreements, to acquire leaseholds,

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

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

22  other recreational facilities.  It has this power whether or

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

24  condominium, if they are intended to provide enjoyment,

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

26  these leaseholds, memberships, and other possessory or use

27  interests existing or created at the time of recording the

28  declaration must be stated and fully described in the

29  declaration. Subsequent to the recording of the declaration,

30  the association may not acquire or enter into agreements

31  acquiring these leaseholds, memberships, or other possessory


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    CS for SB's 1940 & 2636                       Second Engrossed



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

 2  declaration may provide that the rental, membership fees,

 3  operations, replacements, and other expenses are common

 4  expenses and may impose covenants and restrictions concerning

 5  their use and may contain other provisions not inconsistent

 6  with this chapter.  A condominium association may conduct

 7  bingo games as provided in s. 849.0931.

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

 9  incorporating the amendment to section 849.0931, Florida

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

11  723.079, Florida Statutes, is reenacted to read:

12         723.079  Powers and duties of homeowners'

13  association.--

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

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

16  conduct bingo games as provided in s. 849.0931.

17         Section 5.  Section 849.161, Florida Statutes, is

18  amended to read:

19         849.161  Amusement games or machines; when chapter

20  inapplicable.--

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

22  taken or construed as applicable to an arcade amusement center

23  having amusement games or machines not proscribed by ss.

24  849.15 and 849.16, which operate by means of the insertion of

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

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

27  machine to receive points or coupons which may be exchanged

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

29  tobacco products, or coupons redeemable for cash, alcoholic

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

31  merchandise or prize awarded in exchange for such points or


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    CS for SB's 1940 & 2636                       Second Engrossed



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

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

 3  the specific product only at the same business location where

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

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

 6  gift certificate, mail order certificate, or similar

 7  conveyance that is redeemable at another business location or

 8  deliverable from a location other than where the arcade is

 9  located.

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

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

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

13  minimum of 6 functional diesel fuel pumps, having amusement

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

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

16  application of skill may entitle the person playing or

17  operating the game or machine to receive points or coupons

18  which may be exchanged for merchandise limited to noncash

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

20  excluding alcoholic beverages, provided the cost value of the

21  merchandise or prize awarded in exchange for such points or

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

23  subparagraph applies only to games and machines which are

24  operated for the entertainment of the general public and

25  tourists as bona fide amusement games or machines.  This

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

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

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

29  of each device by permanently affixing seriatim numbering and

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

31  registration with the United States Attorney General, unless


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    CS for SB's 1940 & 2636                       Second Engrossed



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

 2  This subsection shall not be construed to authorize video

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

 4  as a gambling device under Florida law.

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

 6  amusement center having amusement games that operate by means

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

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

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

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

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

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

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

14  children under the age of 14 years and that operates

15  coin-operated amusement games and machines in which the

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

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

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

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

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

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

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

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

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

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

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

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

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

29  construed as applicable to a coin-operated or

30  electronic-token-operated game or device designed and

31  manufactured only for bona fide amusement purposes and not


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    CS for SB's 1940 & 2636                       Second Engrossed



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

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

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

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

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

 6  reactivating the game or device for one additional play for

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

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

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

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

11  requires identification of each device by permanently affixing

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

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

14  States Attorney General, unless excluded from applicability of

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

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

17  machine that may be construed as a gambling device under

18  Florida law.

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

20  amusement centers shall be taken or construed to abrogate or

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

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

23  change the actual list of permitted, conditional, or

24  prohibited uses within a zoning category, and any local

25  government may exercise such power as provided by law.

26         (2)  In addition and supplemental to any other

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

28  county or municipality shall have the power and authority to

29  limit the number of hours of operation of arcade amusement

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

31  such centers.


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    CS for SB's 1940 & 2636                       Second Engrossed



 1         (3)(2)  The term "arcade amusement center" as used in

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

 3  coin-operated amusement games or machines on premises which

 4  are operated for the entertainment of the general public and

 5  tourists as a bona fide amusement facility.

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

 7  gambling device under state law, including video poker games

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

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

10  prohibited at arcade amusement centers.

11         Section 6.  Subsection (3) of section 849.094, Florida

12  Statutes, is amended to read:

13         849.094  Game promotion in connection with sale of

14  consumer products or services.--

15         (3)  The operator of a game promotion in which the

16  total announced value of the prizes offered is greater than

17  $5,000 shall file with the Department of Agriculture and

18  Consumer Services a copy of the rules and regulations of the

19  game promotion and a list of all prizes and prize categories

20  offered at least 7 days before the commencement of the game

21  promotion.  Such rules and regulations may not thereafter be

22  changed, modified, or altered.  The operator of a game

23  promotion shall conspicuously post the rules and regulations

24  of such game promotion in each and every retail outlet or

25  place where such game promotion may be played or participated

26  in by the public and shall also publish the material terms of

27  the rules and regulations in all advertising copy used in

28  connection therewith.  Radio and television announcements may

29  indicate that the rules and regulations are available at

30  retail outlets or from the operator of the promotion. A

31  nonrefundable filing fee of $100 shall accompany each filing


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    CS for SB's 1940 & 2636                       Second Engrossed



 1  and shall be used to pay the costs incurred in administering

 2  and enforcing the provisions of this section.

 3         Section 7.  If any provision of this act or its

 4  application to any person or circumstance is held invalid, the

 5  invalidity does not affect other provisions or applications of

 6  the act which can be given effect without the invalid

 7  provision or application, and to this end the provisions of

 8  this act are severable.

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

10  law.

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