Saturday, September 27, 2008

Instant Bingo Laws

CS/CS/SB 500 - Instant Bingo [EPCC]

GENERAL BILL by General Government Appropriations and Regulated Industries and Saunders
Instant Bingo [EPCC]: cites act as "Evelyn Wiesman-Price Act"; defines terms "deal", "flare" & "instant bingo"; exempts instant bingo from specified prohibitions; provides requirements for operation of instant bingo games & use of proceeds & prize payout; provides requirements for manufacture & sale of instant bingo tickets; provides penalties, etc. Amends 849.0931; reenacts 718.114, 723.079(8).
Effective Date: 07/01/2007
Last Event: 06/27/07 Approved by Governor; Chapter No. 2007-228 on Thursday, June 28, 2007 11:57 AM

Date Available for Final Passage: Tuesday, May 01, 2007 5:16 PM

Related Bills:

Bill #    Subject    Relationship
CS/HB 191    Bingo    Similar

Bill Text:

Enrolled
Engrossed 1
Committee Substitute 2
A 876249, Dean    Date Filed: 04/27/07, Page#: 3, Line#: 10    House:    Adopted 04/27/07
Senate:    Concurred 05/01/07
Committee Substitute 1 Laid on the Table
A 053492    Date Filed: 04/16/07, Page#: 11, Line#: 17
SA 883898    Date Filed: 04/16/07, Page#: 11, Line#: 17
T 084522    Date Filed: 04/16/07, Page#: 1, Line#: 11
Original Filed Version
D 512234    Date Filed: 03/05/07, Page#: 0, Line#: 0
AA 325562    Date Filed: 03/07/07, Page#: 11, Line#: 11



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1

2 An act relating to bingo; providing a short

3 title; amending s. 849.0931, F.S.; defining the

4 terms "deal," "flare," and "instant bingo";

5 exempting instant bingo from specified

6 prohibitions; providing requirements for the

7 operation of instant bingo games; providing

8 requirements for the use of proceeds and prize

9 payout; providing requirements for the

10 manufacture and sale of instant bingo tickets;

11 providing penalties; reenacting ss. 718.114 and

12 723.079(8), F.S., relating to powers and duties

13 of condominium and homeowners' associations, to

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

15 in references thereto; providing an effective

16 date.

17

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

19

20 Section 1. This act may be cited as the "Evelyn

21 Wiesman-Price Act."

22 Section 2. Section 849.0931, Florida Statutes, is

23 amended to read:

24 849.0931 Bingo authorized; conditions for conduct;

25 permitted uses of proceeds; limitations.--

26 (1) As used in this section:

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

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

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

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

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


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1 bingo cards which they have purchased until a player receives

2 a given order of numbers in sequence that has been

3 preannounced for that particular game. This player calls out

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

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

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

7 or games.

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

9 paper or thin pasteboard employed by players engaged in the

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

11 playing numbers printed on it. These playing numbers shall

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

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

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

15 means an organization which has qualified for exemption from

16 federal income tax as an exempt organization under the

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

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

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

20 religious, or scholastic works or other similar activities;

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

22 years or more.

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

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

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

26 receipts from the sale of the entire deal.

27 (e) "Flare" means the board or placard that

28 accompanies each deal of instant bingo tickets and that has

29 printed on or affixed to it the following information:

30 1. The game name.

31 2. The manufacturer's name or distinctive logo.


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1 3. The form number.

2 4. The ticket count.

3 5. The prize structure, including the number of

4 symbols or number combinations for winning instant bingo

5 tickets by denomination, with their respective winning symbols

6 or number combinations.

7 6. The cost per play.

8 7. The game serial number.

9 (f) "Instant bingo" means a form of bingo that is

10 played at the same location as bingo, using tickets by which a

11 player wins a prize by opening and removing a cover from the

12 ticket to reveal a set of numbers, letters, objects, or

13 patterns, some of which have been designated in advance as

14 prize winners.

15 (g)(d) "Objects" means a set of 75 balls or other

16 precision shapes that are imprinted with letters and numbers

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

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

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

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

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

22 (h)(e) "Rack" means the container in which the objects

23 are placed after being drawn and announced.

24 (i)(f) "Receptacle" means the container from which the

25 objects are drawn or ejected.

26 (j)(g) "Session" means a designated set of games

27 played in a day or part of a day.

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

29 construed to prohibit or prevent charitable, nonprofit, or

30 veterans' organizations engaged in charitable, civic,

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


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1 similar endeavors, which organizations have been in existence

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

3 bingo games or instant bingo, provided the entire proceeds

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

5 expenses for articles designed for and essential to the

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

7 donated by such organizations to the endeavors mentioned

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

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

10 proceeds derived from the conduct of bingo games or instant

11 bingo shall not be considered solicitation of public

12 donations.

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

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

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

16 but such organization may only be directly involved in the

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

18 (3) If an organization is not engaged in efforts of

19 the type set out above, its right to conduct bingo games

20 hereunder is conditioned upon the return of all the proceeds

21 from such games to the players in the form of prizes. If at

22 the conclusion of play on any day during which a bingo game is

23 allowed to be played under this section there remain proceeds

24 which have not been paid out as prizes, the organization

25 conducting the game shall at the next scheduled day of play

26 conduct bingo games without any charge to the players and

27 shall continue to do so until the proceeds carried over from

28 the previous days played have been exhausted. This provision

29 in no way extends the limitation on the number of prize or

30 jackpot games allowed in one day as provided for in subsection

31 (5).


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1 (4) The right of a condominium association, a

2 cooperative association, a homeowners' association as defined

3 in s. 720.301, a mobile home owners' association, a group of

4 residents of a mobile home park as defined in chapter 723, or

5 a group of residents of a mobile home park or recreational

6 vehicle park as defined in chapter 513 to conduct bingo is

7 conditioned upon the return of the net proceeds from such

8 games to players in the form of prizes after having deducted

9 the actual business expenses for such games for articles

10 designed for and essential to the operation, conduct, and

11 playing of bingo. Any net proceeds remaining after paying

12 prizes may be donated by the association to a charitable,

13 nonprofit, or veterans' organization which is exempt from

14 federal income tax under the provisions of s. 501(c) of the

15 Internal Revenue Code to be used in such recipient

16 organization's charitable, civic, community, benevolent,

17 religious, or scholastic works or similar activities or, in

18 the alternative, such remaining proceeds shall be used as

19 specified in subsection (3).

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

21 to the amounts displayed on the ticket or on the game flare, a

22 No jackpot shall not exceed the value of $250 in actual money

23 or its equivalent, and there shall be no more than three

24 jackpots in any one session of bingo.

25 (6) Except for instant bingo, which is not limited by

26 this subsection, the number of days per week during which

27 organizations authorized under this section hereunder may

28 conduct bingo shall may not exceed two.

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

30 to the amounts displayed on the ticket or on the game flare,

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1 there shall be no more than three jackpots on any one day of

2 play. All other game prizes shall not exceed $50.

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

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

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

6 the organization sponsoring such game and may not be

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

8 bingo games or instant bingo is are conducted by a charitable,

9 nonprofit, or veterans' organization, the organization

10 conducting the bingo games must shall be required to designate

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

12 the games, one of whom shall be present during the entire

13 session at which the bingo games are conducted. The

14 organization conducting the bingo games is responsible for

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

16 organization and the designated member or members, in a

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

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

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

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

21 organization involved in the conduct of a bingo game or

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

23 15-mile radius of, where the bingo game or instant bingo is

24 located.

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

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

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

28 (b) Any organization conducting bingo open to the

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

30 undesirable to the sponsoring organization, but such refusal

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


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

2 handicap.

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

4 the following premises:

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

6 veterans' organization.

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

8 veterans' organization that will benefit by the proceeds.

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

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

11 providing the lease or rental agreement does not provide for

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

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

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

15 charged for similar premises in the same locale.

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

17 the governing authority has, by appropriate ordinance or

18 resolution, specifically authorized the use of such property

19 for the conduct of such games.

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

21 condominium association, a cooperative association, a

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

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

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

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

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

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

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

29 within the condominium, mobile home park, or recreational

30 vehicle park.

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1 (12) Each bingo game shall be conducted in accordance

2 with the following rules:

3 (a) The objects, whether drawn or ejected, shall be

4 essentially equal as to size, shape, weight, and balance and

5 as to all other characteristics that may control their

6 selection from the receptacle. The caller shall cancel any

7 game if, during the course of a game, the mechanism used in

8 the drawing or ejection of objects becomes jammed in such a

9 manner as to interfere with the accurate determination of the

10 next number to be announced or if the caller determines that

11 more than one object is labeled with the same number or that

12 there is a number to be drawn without a corresponding object.

13 Any player in a game canceled pursuant to this paragraph shall

14 be permitted to play the next game free of charge.

15 (b) Prior to commencement of any bingo session, the

16 member in charge shall cause a verification to be made of all

17 objects to be placed in the receptacle and shall inspect the

18 objects in the presence of a disinterested person to ensure

19 that all objects are present and that there are no

20 duplications or omissions of numbers on the objects. Any

21 player shall be entitled to call for a verification of numbers

22 before, during, and after a session.

23 (c) The card or sheet on which the game is played

24 shall be part of a deck, group, or series, no two of which may

25 be alike in any given game.

26 (d) All numbers shall be visibly displayed after being

27 drawn and before being placed in the rack.

28 (e) A bona fide bingo shall consist of a predesignated

29 arrangement of numbers on a card or sheet that correspond with

30 the numbers on the objects drawn from the receptacle and

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1 announced. Errors in numbers announced or misplaced in the

2 rack may not be recognized as a bingo.

3 (f) When a caller has started to vocally announce a

4 number, the caller shall complete the call. If any player has

5 obtained a bingo on a previous number, such player will share

6 the prize with the player who gained bingo on the last number

7 called.

8 (g) Numbers on the winning cards or sheets shall be

9 announced and verified in the presence of another player. Any

10 player shall be entitled at the time the winner is determined

11 to call for a verification of numbers drawn. The verification

12 shall be in the presence of the member designated to be in

13 charge of the occasion or, if such person is also the caller,

14 in the presence of an officer of the licensee.

15 (h) Upon determining a winner, the caller shall ask, "

16 Are there any other winners?" If no one replies, the caller

17 shall declare the game closed. No other player is entitled to

18 share the prize unless she or he has declared a bingo prior to

19 this announcement.

20 (i) Seats may not be held or reserved by an

21 organization or person involved in the conduct of any bingo

22 game for players not present, nor may any cards be set aside,

23 held, or reserved from one session to another for any player.

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

25 price printed on the ticket or on the game flare by the

26 manufacturer, not to exceed $1. Discounts may not be given for

27 the purchase of multiple tickets, nor may tickets be given

28 away free of charge.

29 (b) Each deal of instant bingo tickets must be

30 accompanied by a flare, and the flare must be posted before

31 the sale of any tickets in that deal.


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

2 same serial number, and there may not be more than one serial

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

4 instant bingo tickets may not be repeated by the manufacturer

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

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

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

8 or other container.

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

10 distributed in this state must comply with the applicable

11 standards on pull-tabs of the North American Gaming Regulators

12 Association, as amended.

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

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

15 must:

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

17 identify whether it is a winning or losing instant bingo

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

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

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

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

22 the name or logo of the manufacturer conspicuously printed on

23 the face or cover of the instant bingo ticket.

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

25 organization to verify, after the instant bingo ticket has

26 been played, that the winning instant bingo ticket presented

27 for payment is an authentic winning instant bingo ticket for

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

29 description of the winner protection with each deal of instant

30 bingo tickets.

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1 (g) Each manufacturer and distributor that sells or

2 distributes instant bingo tickets in this state to charitable,

3 nonprofit, or veterans' organizations shall prepare an invoice

4 that contains the following information:

5 1. Date of sale.

6 2. Form number and serial number of each deal sold.

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

8 4. Name of distributor or organization to whom each

9 deal is sold.

10 5. Price of each deal sold.

11

12 All information contained on an invoice must be maintained by

13 the distributor or manufacturer for 3 years.

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

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

16 tickets is stored or in play.

17 (14)(13) Any organization or other person who

18 willfully and knowingly violates any provision of this section

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

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

21 second or subsequent offense, the organization or other person

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

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

24 Section 3. For the purpose of incorporating the

25 amendment made by this act to section 849.0931, Florida

26 Statutes, in a reference thereto, section 718.114, Florida

27 Statutes, is reenacted to read:

28 718.114 Association powers.--An association has the

29 power to enter into agreements, to acquire leaseholds,

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

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


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1 other recreational facilities. It has this power whether or

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

3 condominium, if they are intended to provide enjoyment,

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

5 these leaseholds, memberships, and other possessory or use

6 interests existing or created at the time of recording the

7 declaration must be stated and fully described in the

8 declaration. Subsequent to the recording of the declaration,

9 the association may not acquire or enter into agreements

10 acquiring these leaseholds, memberships, or other possessory

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

12 declaration may provide that the rental, membership fees,

13 operations, replacements, and other expenses are common

14 expenses and may impose covenants and restrictions concerning

15 their use and may contain other provisions not inconsistent

16 with this chapter. A condominium association may conduct bingo

17 games as provided in s. 849.0931.

18 Section 4. For the purpose of incorporating the

19 amendment made by this act to section 849.0931, Florida

20 Statutes, in a reference thereto, subsection (8) of section

21 723.079, Florida Statutes, is reenacted to read:

22 723.079 Powers and duties of homeowners'

23 association.--

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

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

26 conduct bingo games as provided in s. 849.0931.

27 Section 5. This act shall take effect July 1, 2007.

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29

30

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1. 849.0931 f.s.

Abstract: (9) Every charitable, nonprofit, or veterans' organization involved in the conduct of a bingo game or instant bingo must be located in the county, or within a 15-mile radius of, where the bingo game or instant bingo is located. (10)(a) No one under 18 years of age shall be allowed to play any bingo game or instant bingo or be involved in the conduct of a bingo game or instant bingo in any way. 4. Have a form of winner protection that allows the organization to verify, after the instant bingo ...





The 2007 Florida Statutes


Title XLVI
CRIMES
Chapter 849
GAMBLING
View Entire Chapter
849.0931 Bingo authorized; conditions for conduct; permitted uses of proceeds; limitations.--

(1) As used in this section:

(a) "Bingo game" means and refers to the activity, commonly known as "bingo," in which participants pay a sum of money for the use of one or more bingo cards. When the game commences, numbers are drawn by chance, one by one, and announced. The players cover or mark those numbers on the bingo cards which they have purchased until a player receives a given order of numbers in sequence that has been preannounced for that particular game. This player calls out "bingo" and is declared the winner of a predetermined prize. More than one game may be played upon a bingo card, and numbers called for one game may be used for a succeeding game or games.

(b) "Bingo card" means and refers to the flat piece of paper or thin pasteboard employed by players engaged in the game of bingo. The bingo card shall have not fewer than 24 playing numbers printed on it. These playing numbers shall range from 1 through 75, inclusive. More than one set of bingo numbers may be printed on any single piece of paper.

(c) "Charitable, nonprofit, or veterans' organization" means an organization which has qualified for exemption from federal income tax as an exempt organization under the provisions of s. 501(c) of the Internal Revenue Code of 1954 or s. 528 of the Internal Revenue Code of 1986, as amended; which is engaged in charitable, civic, community, benevolent, religious, or scholastic works or other similar activities; and which has been in existence and active for a period of 3 years or more.

(d) "Deal" means a separate set or package of not more than 4,000 instant bingo tickets in which the predetermined minimum prize payout is at least 65 percent of the total receipts from the sale of the entire deal.

(e) "Flare" means the board or placard that accompanies each deal of instant bingo tickets and that has printed on or affixed to it the following information:

1. The game name.

2. The manufacturer's name or distinctive logo.

3. The form number.

4. The ticket count.

5. The prize structure, including the number of symbols or number combinations for winning instant bingo tickets by denomination, with their respective winning symbols or number combinations.

6. The cost per play.

7. The game serial number.

(f) "Instant bingo" means a form of bingo that is played at the same location as bingo, using tickets by which a player wins a prize by opening and removing a cover from the ticket to reveal a set of numbers, letters, objects, or patterns, some of which have been designated in advance as prize winners.

(g) "Objects" means a set of 75 balls or other precision shapes that are imprinted with letters and numbers in such a way that numbers 1 through 15 are marked with the letter "B," numbers 16 through 30 are marked with the letter "I," numbers 31 through 45 are marked with the letter "N," numbers 46 through 60 are marked with the letter "G," and numbers 61 through 75 are marked with the letter "O."

(h) "Rack" means the container in which the objects are placed after being drawn and announced.

(i) "Receptacle" means the container from which the objects are drawn or ejected.

(j) "Session" means a designated set of games played in a day or part of a day.

(2)(a) None of the provisions of this chapter shall be construed to prohibit or prevent charitable, nonprofit, or veterans' organizations engaged in charitable, civic, community, benevolent, religious, or scholastic works or other similar endeavors, which organizations have been in existence and active for a period of 3 years or more, from conducting bingo games or instant bingo, provided the entire proceeds derived from the conduct of such games, less actual business expenses for articles designed for and essential to the operation, conduct, and playing of bingo or instant bingo, are donated by such organizations to the endeavors mentioned above. In no case may the net proceeds from the conduct of such games be used for any other purpose whatsoever. The proceeds derived from the conduct of bingo games or instant bingo shall not be considered solicitation of public donations.

(b) It is the express intent of the Legislature that no charitable, nonprofit, or veterans' organization serve as a sponsor of a bingo game or instant bingo conducted by another, but such organization may only be directly involved in the conduct of such a game as provided in this act.

(3) If an organization is not engaged in efforts of the type set out above, its right to conduct bingo games hereunder is conditioned upon the return of all the proceeds from such games to the players in the form of prizes. If at the conclusion of play on any day during which a bingo game is allowed to be played under this section there remain proceeds which have not been paid out as prizes, the organization conducting the game shall at the next scheduled day of play conduct bingo games without any charge to the players and shall continue to do so until the proceeds carried over from the previous days played have been exhausted. This provision in no way extends the limitation on the number of prize or jackpot games allowed in one day as provided for in subsection (5).

(4) The right of a condominium association, a cooperative association, a homeowners' association as defined in s. 720.301, a mobile home owners' association, a group of residents of a mobile home park as defined in chapter 723, or a group of residents of a mobile home park or recreational vehicle park as defined in chapter 513 to conduct bingo is conditioned upon the return of the net proceeds from such games to players in the form of prizes after having deducted the actual business expenses for such games for articles designed for and essential to the operation, conduct, and playing of bingo. Any net proceeds remaining after paying prizes may be donated by the association to a charitable, nonprofit, or veterans' organization which is exempt from federal income tax under the provisions of s. 501(c) of the Internal Revenue Code to be used in such recipient organization's charitable, civic, community, benevolent, religious, or scholastic works or similar activities or, in the alternative, such remaining proceeds shall be used as specified in subsection (3).

(5) Except for instant bingo prizes, which are limited to the amounts displayed on the ticket or on the game flare, a jackpot shall not exceed the value of $250 in actual money or its equivalent, and there shall be no more than three jackpots in any one session of bingo.

(6) Except for instant bingo, which is not limited by this subsection, the number of days per week during which organizations authorized under this section may conduct bingo shall not exceed two.

(7) Except for instant bingo prizes, which are limited to the amounts displayed on the ticket or on the game flare, there shall be no more than three jackpots on any one day of play. All other game prizes shall not exceed $50.

(8) Each person involved in the conduct of any bingo game or instant bingo must be a resident of the community where the organization is located and a bona fide member of the organization sponsoring such game and may not be compensated in any way for operation of such game. When bingo games or instant bingo is conducted by a charitable, nonprofit, or veterans' organization, the organization conducting the games must designate up to three members of that organization to be in charge of the games, one of whom shall be present during the entire session at which the games are conducted. The organization conducting the games is responsible for posting a notice, which notice states the name of the organization and the designated member or members, in a conspicuous place on the premises at which the session is held or instant bingo is played. A caller in a bingo game may not be a participant in that bingo game.

(9) Every charitable, nonprofit, or veterans' organization involved in the conduct of a bingo game or instant bingo must be located in the county, or within a 15-mile radius of, where the bingo game or instant bingo is located.

(10)(a) No one under 18 years of age shall be allowed to play any bingo game or instant bingo or be involved in the conduct of a bingo game or instant bingo in any way.

(b) Any organization conducting bingo open to the public may refuse entry to any person who is objectionable or undesirable to the sponsoring organization, but such refusal of entry shall not be on the basis of race, creed, color, religion, sex, national origin, marital status, or physical handicap.

(11) Bingo games or instant bingo may be held only on the following premises:

(a) Property owned by the charitable, nonprofit, or veterans' organization.

(b) Property owned by the charitable, nonprofit, or veterans' organization that will benefit by the proceeds.

(c) Property leased for a period of not less than 1 year by a charitable, nonprofit, or veterans' organization, providing the lease or rental agreement does not provide for the payment of a percentage of the proceeds generated at such premises to the lessor or any other party and providing the rental rate for such premises does not exceed the rental rates charged for similar premises in the same locale.

(d) Property owned by a municipality or a county when the governing authority has, by appropriate ordinance or resolution, specifically authorized the use of such property for the conduct of such games.

(e) With respect to bingo games conducted by a condominium association, a cooperative association, a homeowners' association as defined in s. 720.301, a mobile home owners' association, a group of residents of a mobile home park as defined in chapter 723, or a group of residents of a mobile home park or recreational vehicle park as defined in chapter 513, property owned by the association, property owned by the residents of the mobile home park or recreational vehicle park, or property which is a common area located within the condominium, mobile home park, or recreational vehicle park.

(12) Each bingo game shall be conducted in accordance with the following rules:

(a) The objects, whether drawn or ejected, shall be essentially equal as to size, shape, weight, and balance and as to all other characteristics that may control their selection from the receptacle. The caller shall cancel any game if, during the course of a game, the mechanism used in the drawing or ejection of objects becomes jammed in such a manner as to interfere with the accurate determination of the next number to be announced or if the caller determines that more than one object is labeled with the same number or that there is a number to be drawn without a corresponding object. Any player in a game canceled pursuant to this paragraph shall be permitted to play the next game free of charge.

(b) Prior to commencement of any bingo session, the member in charge shall cause a verification to be made of all objects to be placed in the receptacle and shall inspect the objects in the presence of a disinterested person to ensure that all objects are present and that there are no duplications or omissions of numbers on the objects. Any player shall be entitled to call for a verification of numbers before, during, and after a session.

(c) The card or sheet on which the game is played shall be part of a deck, group, or series, no two of which may be alike in any given game.

(d) All numbers shall be visibly displayed after being drawn and before being placed in the rack.

(e) A bona fide bingo shall consist of a predesignated arrangement of numbers on a card or sheet that correspond with the numbers on the objects drawn from the receptacle and announced. Errors in numbers announced or misplaced in the rack may not be recognized as a bingo.

(f) When a caller has started to vocally announce a number, the caller shall complete the call. If any player has obtained a bingo on a previous number, such player will share the prize with the player who gained bingo on the last number called.

(g) Numbers on the winning cards or sheets shall be announced and verified in the presence of another player. Any player shall be entitled at the time the winner is determined to call for a verification of numbers drawn. The verification shall be in the presence of the member designated to be in charge of the occasion or, if such person is also the caller, in the presence of an officer of the licensee.

(h) Upon determining a winner, the caller shall ask, "Are there any other winners?" If no one replies, the caller shall declare the game closed. No other player is entitled to share the prize unless she or he has declared a bingo prior to this announcement.

(i) Seats may not be held or reserved by an organization or person involved in the conduct of any bingo game for players not present, nor may any cards be set aside, held, or reserved from one session to another for any player.

(13)(a) Instant bingo tickets must be sold at the price printed on the ticket or on the game flare by the manufacturer, not to exceed $1. Discounts may not be given for the purchase of multiple tickets, nor may tickets be given away free of charge.

(b) Each deal of instant bingo tickets must be accompanied by a flare, and the flare must be posted before the sale of any tickets in that deal.

(c) Each instant bingo ticket in a deal must bear the same serial number, and there may not be more than one serial number in each deal. Serial numbers printed on a deal of instant bingo tickets may not be repeated by the manufacturer on the same form for a period of 3 years.

(d) The serial number for each deal must be clearly and legibly placed on the outside of each deal's package, box, or other container.

(e) Instant bingo tickets manufactured, sold, or distributed in this state must comply with the applicable standards on pull-tabs of the North American Gaming Regulators Association, as amended.

(f) Except as provided under paragraph (e), an instant bingo ticket manufactured, sold, or distributed in this state must:

1. Be manufactured so that it is not possible to identify whether it is a winning or losing instant bingo ticket until it has been opened by the player as intended.

2. Be manufactured using at least a two-ply paper stock construction so that the instant bingo ticket is opaque.

3. Have the form number, the deal's serial number, and the name or logo of the manufacturer conspicuously printed on the face or cover of the instant bingo ticket.

4. Have a form of winner protection that allows the organization to verify, after the instant bingo ticket has been played, that the winning instant bingo ticket presented for payment is an authentic winning instant bingo ticket for the deal in play. The manufacturer shall provide a written description of the winner protection with each deal of instant bingo tickets.

(g) Each manufacturer and distributor that sells or distributes instant bingo tickets in this state to charitable, nonprofit, or veterans' organizations shall prepare an invoice that contains the following information:

1. Date of sale.

2. Form number and serial number of each deal sold.

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

4. Name of distributor or organization to whom each deal is sold.

5. Price of each deal sold.

All information contained on an invoice must be maintained by the distributor or manufacturer for 3 years.

(h) The invoice, or a true and accurate copy thereof, must be on the premises where any deal of instant bingo tickets is stored or in play.

(14) Any organization or other person who willfully and knowingly violates any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. For a second or subsequent offense, the organization or other person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.--ss. 1, 6, ch. 92-280; s. 1, ch. 93-160; s. 1, ch. 94-326; s. 1363, ch. 97-102; s. 13, ch. 99-382; ss. 59, 70, ch. 2000-258; ss. 27, 28, ch. 2001-64; s. 2, ch. 2007-228.

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For the cats,

Carole Baskin, CEO of Big Cat Rescue
an Educational Sanctuary home
to more than 100 big cats
12802 Easy Street Tampa, FL  33625
813.493.4564 fax 885.4457

http://www.BigCatRescue.org MakeADifference@BigCatRescue.org

Sign our petition to protect tigers from being farmed here:

http://capwiz.com/bigcatrescue/issues/alert/?alertid=9952801&type=CU

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