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