Florida 2022 Regular Session

Florida House Bill H1331 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to bingo; amending s. 849.0931, F.S.; 2
1616 revising the definition of "bingo card"; defining the 3
1717 term "bingo card minder"; renaming "instant bingo" as 4
1818 "pull tab game"; requiring that bingo card minder 5
1919 software be certified; requiring that such 6
2020 certification be available upon request; providing an 7
2121 effective date. 8
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2323 Be It Enacted by the Legislature of the State of Florida: 10
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2525 Section 1. Subsection (1 4) of section 849.0931, Florida 12
2626 Statutes, is renumbered as subsection (15), subsections (1) and 13
2727 (2), (5) through (11), and (13) are amended, and a new 14
2828 subsection (14) is added to that section, to read: 15
2929 849.0931 Bingo authorized; conditions for conduct; 16
3030 permitted uses of proceeds; limitations. — 17
3131 (1) As used in this section: 18
3232 (a) "Bingo game" means and refers to the activity, 19
3333 commonly known as "bingo," in which participants pay a sum of 20
3434 money for the use of one or more bingo cards. When the game 21
3535 commences, numbers are drawn by chance, one by one, and 22
3636 announced. The players cover or mark those numbers on the bingo 23
3737 cards which they have purchased until a player receives a given 24
3838 order of numbers in sequence that has been preannounced for that 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 particular game. This player calls out "bingo" and is declared 26
5252 the winner of a predetermined prize. More than one game may be 27
5353 played upon a bingo card, and numbers called for one game may be 28
5454 used for a succeeding game or games. 29
5555 (a)(b) "Bingo card" means and refers to th e flat piece of 30
5656 paper, or thin pasteboard, or electronic facsimile employed by 31
5757 players engaged in the game of bingo. The bingo card shall have 32
5858 not fewer than 24 playing numbers printed on it. These playing 33
5959 numbers shall range from 1 through 75, inclusive. More than one 34
6060 set of bingo numbers may be printed on any single piece of 35
6161 paper. 36
6262 (b) "Bingo card minder" means a device that keeps track of 37
6363 players' bingo cards and the numbers called during live caller 38
6464 bingo games. 39
6565 (c) "Bingo game" means and refers to the activity, 40
6666 commonly known as "bingo," in which participants pay a sum of 41
6767 money for the use of one or more bingo cards. When the game 42
6868 commences, numbers are drawn by chance, one by one, and 43
6969 announced. The players cover or mark those numbers on the bingo 44
7070 cards which they have purchased until a player receives a given 45
7171 order of numbers in sequence that has been preannounced for that 46
7272 particular game. This player calls out "bingo" and is declared 47
7373 the winner of a predetermined prize. More than one game may be 48
7474 played upon a bingo card, and numbers called for one game may be 49
7575 used for a succeeding game or games. 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 (d)(c) "Charitable, nonprofit, or veterans' organization" 51
8989 means an organization which has qualified for exemption from 52
9090 federal income tax as an exempt or ganization under the 53
9191 provisions of s. 501(c) of the Internal Revenue Code of 1954 or 54
9292 s. 528 of the Internal Revenue Code of 1986, as amended; which 55
9393 is engaged in charitable, civic, community, benevolent, 56
9494 religious, or scholastic works or other similar acti vities; and 57
9595 which has been in existence and active for a period of 3 years 58
9696 or more. 59
9797 (e)(d) "Deal" means a separate set or package of not more 60
9898 than 4,000 pull tab game instant bingo tickets in which the 61
9999 predetermined minimum prize payout is at least 65 pe rcent of the 62
100100 total receipts from the sale of the entire deal. 63
101101 (f)(e) "Flare" means the board or placard that accompanies 64
102102 each deal of pull tab game instant bingo tickets and that has 65
103103 printed on or affixed to it the following information: 66
104104 1. The game name. 67
105105 2. The manufacturer's name or distinctive logo. 68
106106 3. The form number. 69
107107 4. The ticket count. 70
108108 5. The prize structure, including the number of symbols or 71
109109 number combinations for winning pull tab game instant bingo 72
110110 tickets by denomination, with their respective winning symbols 73
111111 or number combinations. 74
112112 6. The cost per play. 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 7. The game serial number. 76
126126 (f) "Instant bingo" means a form of bingo that is played 77
127127 at the same location as bingo, using tickets by which a player 78
128128 wins a prize by opening and removing a cover from the ticket to 79
129129 reveal a set of numbers, letters, objects, or patterns, some of 80
130130 which have been designated in advance as prize winners. 81
131131 (g) "Objects" means a set of 75 balls or other precision 82
132132 shapes that are imprinted with letters and numbers in such a way 83
133133 that numbers 1 through 15 are marked with the letter "B," 84
134134 numbers 16 through 30 are marked with the letter "I," numbers 31 85
135135 through 45 are marked with the letter "N," numbers 46 through 60 86
136136 are marked with the letter "G," and numbers 61 through 75 are 87
137137 marked with the letter "O." 88
138138 (h) "Pull tab game" means a form of bingo that is played 89
139139 at the same location as bingo, using tickets by which a player 90
140140 wins a prize by opening and removing a cover from the ticket to 91
141141 reveal a set of numbers, letters, objects, or patterns, some of 92
142142 which have been designated in advance as prize winners. 93
143143 (i)(h) "Rack" means the container in which the objects are 94
144144 placed after being drawn and announced. 95
145145 (j)(i) "Receptacle" means the container from which the 96
146146 objects are drawn or ejected. 97
147147 (k)(j) "Session" means a designated set of games played in 98
148148 a day or part of a day. 99
149149 (2)(a) None of the provisions of this chapter shall be 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 construed to prohibit or prevent charitable, nonpro fit, or 101
163163 veterans' organizations engaged in charitable, civic, community, 102
164164 benevolent, religious, or scholastic works or other similar 103
165165 endeavors, which organizations have been in existence and active 104
166166 for a period of 3 years or more, from conducting bingo gam es or 105
167167 pull tab games instant bingo, provided the entire proceeds 106
168168 derived from the conduct of such games, less actual business 107
169169 expenses for articles designed for and essential to the 108
170170 operation, conduct, and playing of bingo or pull tab games 109
171171 instant bingo, are donated by such organizations to the 110
172172 endeavors mentioned above. In no case may the net proceeds from 111
173173 the conduct of such games be used for any other purpose 112
174174 whatsoever. The proceeds derived from the conduct of bingo games 113
175175 or pull tab games instant bingo shall not be considered 114
176176 solicitation of public donations. 115
177177 (b) It is the express intent of the Legislature that no 116
178178 charitable, nonprofit, or veterans' organization serve as a 117
179179 sponsor of a bingo game or a pull tab game instant bingo 118
180180 conducted by another, but such organization may only be directly 119
181181 involved in the conduct of such a game as provided in this act. 120
182182 (5) Except for pull tab game instant bingo prizes, which 121
183183 are limited to the amounts displayed on the ticket or on the 122
184184 game flare, a jackpot shall not exceed the value of $500 $250 in 123
185185 actual money or its equivalent, and there shall be no more than 124
186186 three jackpots in any one session of bingo. 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 (6) Except for pull tab games instant bingo, which are is 126
200200 not limited by this subsection, the number of days per week 127
201201 during which organizations authorized under this section may 128
202202 conduct bingo shall not exceed two. 129
203203 (7) Except for pull tab game instant bingo prizes, which 130
204204 are limited to the amounts displayed on the ticket or on the 131
205205 game flare, there shall be no more than three jackpots on any 132
206206 one day of play. All other game prizes shall not exceed $100 133
207207 $50. 134
208208 (8) Each person involved in the conduct of any bingo game 135
209209 or pull tab game instant bingo must be a resident of the 136
210210 community where the organization is located and a bona fide 137
211211 member of the organization sponsoring such game and may not be 138
212212 compensated in any way for operation of such game. When bingo 139
213213 games or pull tab games are instant bingo is conducted by a 140
214214 charitable, nonprofit, or veterans' organization, the 141
215215 organization conducting the games must designate up to three 142
216216 members of that organization to be in charge of the games, one 143
217217 of whom shall be present during the entire session at which the 144
218218 games are conducted. The organization conducting the games is 145
219219 responsible for posting a notice, which notice states the name 146
220220 of the organization and the designated member or members, in a 147
221221 conspicuous place on the premises at which the session is held 148
222222 or pull tab games are instant bingo is played. A caller in a 149
223223 bingo game may not be a participant in that bingo game. 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 (9) Every charitable, nonprofit, or veterans' organization 151
237237 involved in the conduct of a bingo game or pull tab game instant 152
238238 bingo must be located in the cou nty, or within a 15-mile radius 153
239239 of, where the bingo game or pull tab game instant bingo is 154
240240 located. 155
241241 (10)(a) No one under 18 years of age shall be allowed to 156
242242 play any bingo game or pull tab game instant bingo or be 157
243243 involved in the conduct of a bingo game or a pull tab game 158
244244 instant bingo in any way. 159
245245 (b) Any organization conducting bingo open to the public 160
246246 may refuse entry to any person who is objectionable or 161
247247 undesirable to the sponsoring organization, but such refusal of 162
248248 entry shall not be on the basis o f race, creed, color, religion, 163
249249 sex, national origin, marital status, or physical handicap. 164
250250 (11) Bingo games or pull tab games instant bingo may be 165
251251 held only on the following premises: 166
252252 (a) Property owned by the charitable, nonprofit, or 167
253253 veterans' organization. 168
254254 (b) Property owned by the charitable, nonprofit, or 169
255255 veterans' organization that will benefit by the proceeds. 170
256256 (c) Property leased for a period of not less than 1 year 171
257257 by a charitable, nonprofit, or veterans' organization, providing 172
258258 the lease or rental agreement does not provide for the payment 173
259259 of a percentage of the proceeds generated at such premises to 174
260260 the lessor or any other party and providing the rental rate for 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 such premises does not exceed the rental rates charged for 176
274274 similar premises in the same locale. 177
275275 (d) Property owned by a municipality or a county when the 178
276276 governing authority has, by appropriate ordinance or resolution, 179
277277 specifically authorized the use of such property for the conduct 180
278278 of such games. 181
279279 (e) With respect to bingo games conducted by a condominium 182
280280 association, a cooperative association, a homeowners' 183
281281 association as defined in s. 720.301, a mobile home owners' 184
282282 association, a group of residents of a mobile home park as 185
283283 defined in chapter 723, or a group of residents of a mo bile home 186
284284 park or recreational vehicle park as defined in chapter 513, 187
285285 property owned by the association, property owned by the 188
286286 residents of the mobile home park or recreational vehicle park, 189
287287 or property which is a common area located within the 190
288288 condominium, mobile home park, or recreational vehicle park. 191
289289 (13)(a) Pull tab game instant bingo tickets must be sold 192
290290 at the price displayed printed on the ticket or on the game 193
291291 flare by the manufacturer, not to exceed $1. Discounts may not 194
292292 be given for the purcha se of multiple tickets, nor may tickets 195
293293 be given away free of charge. 196
294294 (b) Each deal of pull tab game instant bingo tickets must 197
295295 be accompanied by a flare, and the flare must be available 198
296296 posted before the sale of any tickets in that deal. 199
297297 (c) Each pull tab game instant bingo ticket in a deal must 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 bear the same serial number, and there may not be more than one 201
311311 serial number in each deal. Serial numbers printed on a deal of 202
312312 pull tab game instant bingo tickets may not be repeated by the 203
313313 manufacturer on the same form for a period of 3 years. 204
314314 (d) The serial number for each paper pull tab game deal 205
315315 must be clearly and legibly placed on the outside of each deal's 206
316316 package, box, or other container. 207
317317 (e) Pull tab game instant bingo tickets manufactured, 208
318318 sold, or distributed in this state must comply with the 209
319319 applicable standards on pull -tabs of the North American Gaming 210
320320 Regulators Association, as amended. 211
321321 (f) Except as provided under paragraph (e), a pull tab 212
322322 game an instant bingo ticket manufactured, sold, or distributed 213
323323 in this state must: 214
324324 1. Be manufactured so that it is not possible to identify 215
325325 whether it is a winning or losing pull tab game instant bingo 216
326326 ticket until it has been opened by the player as intended. 217
327327 2. If it is a paper pull tab game ticket, be manufactured 218
328328 using at least a two -ply paper stock construction so that the 219
329329 pull tab game instant bingo ticket is opaque. 220
330330 3. Have the form number, the deal's serial number, and the 221
331331 name or logo of the manufacturer conspi cuously printed on the 222
332332 face or cover of the pull tab game instant bingo ticket. 223
333333 4. Have a form of winner protection that allows the 224
334334 organization to verify, after the pull tab game instant bingo 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 ticket has been played, that the winning pull tab game instant 226
348348 bingo ticket presented for payment is an authentic winning pull 227
349349 tab game instant bingo ticket for the deal in play. The 228
350350 manufacturer shall provide a written description of the winner 229
351351 protection with each deal of pull tab game instant bingo 230
352352 tickets. 231
353353 (g) Each manufacturer and distributor that sells or 232
354354 distributes pull tab game instant bingo tickets in this state to 233
355355 charitable, nonprofit, or veterans' organizations shall prepare 234
356356 an invoice that contains the following information: 235
357357 1. Date of sale. 236
358358 2. Form number and serial number of each deal sold. 237
359359 3. Number of pull tab game instant bingo tickets in each 238
360360 deal sold. 239
361361 4. Name of distributor or organization to whom each deal 240
362362 is sold. 241
363363 5. Price of each deal sold. 242
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365365 All information contained on an in voice must be maintained by 244
366366 the distributor or manufacturer for 3 years. 245
367367 (h) The invoice, or a true and accurate copy thereof, must 246
368368 be on the premises where any deal of pull tab game instant bingo 247
369369 tickets is stored or in play. 248
370370 (14) If a bingo card mind er is available, the software 249
371371 used by the bingo card minder must be certified to be compliant 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 with this section by a nationally recognized independent testing 251
385385 laboratory prior to use. The certification must be provided upon 252
386386 request. 253
387387 Section 2. This act shall take effect July 1, 2022. 254