THE BILL ITSELF
HB 609
Bingo Games
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A bill to be entitled
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An act relating to bingo games; amending s. 849.0931,
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F.S.; revising definitions; defining the term "instant
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bingo ticket dispenser"; revising the requirements to
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manufacture, issue, and operate instant bingo tickets;
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requiring that instant bingo ticket dispensers have
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certain features; prohibiting instant bingo ticket
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dispensers from having certain features; providing
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construction; reenacting ss. 402.82(4)(e), 718.114,
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723.079(10), 849.09(3), 849.094(1)(a), and 849.142(6),
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F.S., relating to electronic benefits transfer
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program, association powers, powers and duties of
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mobile home owners' associations; lottery prohibitions
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and exceptions, game promotion in connection with the
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sale of consumer products or services, and exempted
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activities, respectively, to incorporate the amendment
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made to s. 849.0931, F.S., in references thereto;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present paragraphs (g) through (j) of
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subsection (1), paragraphs (g) and (h) of subsection (13), and
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subsection (14) of section 849.0931, Florida Statutes, are
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redesignated as paragraphs (h) through (k) of subsection (1),
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paragraphs (j) and (k) of subsection (13), and subsection (15),
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respectively, a new paragraph (g) is added to subsection (1) of
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that section, new paragraphs (g) and (h) and paragraph (i) are
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added to subsection (13) of that section, a new subsection (14) is added to that section, and paragraphs (a), (d), (e), and (f)
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of subsection (1) and paragraphs (b) and (f) of subsection (13)
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of that section are amended, to read:
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849.0931 Bingo authorized; conditions for conduct;
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permitted uses of proceeds; limitations.—
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(1) As used in this section:
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(a) "Bingo game" means and refers to the activity,
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commonly known as "bingo," in which participants pay a sum of
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money for the use of one or more bingo cards. When the game
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commences, numbers are drawn by chance, one by one, and
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announced. The players cover or mark those numbers on the bingo
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cards which they have purchased until a player receives a given
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order of numbers in sequence that has been preannounced for that
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particular game. This player calls out "bingo" and is declared
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the winner of a predetermined prize. More than one game may be
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played upon a bingo card, and numbers called for one game may be
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used for a succeeding game or games.
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(d) "Deal" means a separate set or package of not more
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than 4,000 instant bingo tickets in which the predetermined
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minimum prize payout is at least 65 percent of the total
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receipts from the sale of the entire deal.
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(e) "Flare" means the board, or placard, or digital
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display that accompanies each deal of instant bingo tickets and
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that displays has printed on or affixed to it the following
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information:
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1. The game name.
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2. The manufacturer's name or distinctive logo.
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3. The form number.
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4. The ticket count.
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5. The prize structure, including the number of symbols or
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number combinations for winning instant bingo tickets by
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denomination, with their respective winning symbols or number
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combinations.
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6. The cost per play.
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7. The game serial number.
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(f) "Instant bingo" means a form of bingo that is played
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at the same location as bingo, using tickets that are sold by
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the bingo operator or through an instant bingo ticket dispenser
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by which a player wins a prize by opening and removing a cover
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from the ticket to reveal a set of numbers, letters, objects, or
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patterns, some of which have been designated in advance as prize
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winners.
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(g) "Instant bingo ticket dispenser" means a device that
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dispenses an instant bingo ticket or reads a barcode printed on
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the exterior of the instant bingo ticket as the ticket is
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dispensed and displays the win or loss status of the instant
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bingo ticket on a video display contained on the device.
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(13)
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(b) Each deal of instant bingo tickets must be accompanied
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by a flare, and the flare must be visible to the player posted
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before the sale of any tickets in that deal.
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(f) Except as provided under paragraph (e), an instant
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bingo ticket manufactured, sold, or distributed in this state
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must:
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1. Be manufactured so that it is not possible to identify
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whether it is a winning or losing instant bingo ticket until it
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has been opened by the player as intended or the results are
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displayed on an instant bingo dispenser that reveals the win or
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loss status of the ticket as it is dispensed.
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2. Be manufactured using at least a two-ply paper stock
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construction so that the instant bingo ticket is opaque.
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3. Have the form number, the deal's serial number, and the
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name or logo of the manufacturer conspicuously printed on the
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face or cover of the instant bingo ticket.
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4. Have a form of winner protection that allows the
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organization to verify, after the instant bingo ticket has been
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played, that the winning instant bingo ticket presented for
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payment is an authentic winning instant bingo ticket for the
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deal in play. The manufacturer shall provide a written
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description of the winner protection with each deal of instant
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bingo tickets.
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(g) An instant bingo ticket dispenser must have the
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following features:
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1. A bill acceptor that accepts only United States
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currency and accounts for all currency inserted into the
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dispenser.
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2. The ability to track the sale of all instant bingo
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tickets dispensed.
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(h) An instant bingo ticket dispenser that reads a bar
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code and displays the ticket outcome on a video display on the
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device must have the additional capability of:
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1. Producing a voucher for prize verification and
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redemption or proof of purchase; and
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2. Producing reports showing gross sales, prizes paid, and
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net receipts to the charitable, nonprofit, or veterans'
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organization.
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(i) An instant bingo ticket dispenser may not:
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1. Display the outcome of an instant bingo ticket using
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spinning reels or other features that mimic a slot machine or
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any common casino table game;
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2. Contain a random number generator or any software that
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influences the outcome of the instant bingo game; or
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3. Contain any feature that simulates skill or allows
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player input to influence the outcome of the predetermined
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instant bingo game result.
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(14) This section may not be construed to authorize a
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charitable, nonprofit, or veterans' organization to engage in
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class III gaming as that term is defined in 25 U.S.C. s. 2703
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(8).
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Section 2. For the purpose of incorporating the amendment made by this act to section 849.0931, Florida Statutes, in a
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reference thereto, paragraph (e) of subsection (4) of section
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402.82, Florida Statutes, is reenacted to read:
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402.82 Electronic benefits transfer program.—
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(4) Use or acceptance of an electronic benefits transfer
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card is prohibited at the following locations or for the
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following activities:
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(e) A commercial bingo facility that operates outside the
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provisions of s. 849.0931.
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Section 3. For the purpose of incorporating the amendment made by this act to section 849.0931, Florida Statutes, in a
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reference thereto, section 718.114, Florida Statutes, is
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reenacted to read:
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718.114 Association powers.—An association may enter into
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agreements to acquire leaseholds, memberships, and other
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possessory or use interests in lands or facilities such as
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country clubs, golf courses, marinas, and other recreational
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facilities, regardless of whether the lands or facilities are
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contiguous to the lands of the condominium, if such lands and
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facilities are intended to provide enjoyment, recreation, or
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other use or benefit to the unit owners. All of these
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leaseholds, memberships, and other possessory or use interests
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existing or created at the time of recording the declaration
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must be stated and fully described in the declaration.
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Subsequent to the recording of the declaration, agreements
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acquiring these leaseholds, memberships, or other possessory or
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use interests which are not entered into within 12 months of the
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date of the recording of the certificate of a surveyor and
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mapper pursuant to s. 718.104(4)(e) or the recording of an
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instrument that transfers title to a unit in the condominium
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which is not accompanied by a recorded assignment of developer
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rights in favor of the grantee of such unit, whichever occurs
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first, are a material alteration or substantial addition to the
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real property that is association property, and the association
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may not acquire or enter into such agreements except upon a vote
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of, or written consent by, a majority of the total voting
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interests or as authorized by the declaration as provided in s.
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718.113. The declaration may provide that the rental, membership
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fees, operations, replacements, and other expenses are common
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expenses and may impose covenants and restrictions concerning
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their use and may contain other provisions not inconsistent with
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this chapter. A condominium association may conduct bingo games
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as provided in s. 849.0931.
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Section 4. For the purpose of incorporating the amendment
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made by this act to section 849.0931, Florida Statutes, in a
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reference thereto, subsection (10) of section 723.079, Florida
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Statutes, is reenacted to read:
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723.079 Powers and duties of homeowners' association.—
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(10) Any mobile home owners' association or group of
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residents of a mobile home park as defined in this chapter may
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conduct bingo games as provided in s. 849.0931.
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Section 5. For the purpose of incorporating the amendment
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made by this act to section 849.0931, Florida Statutes, in a
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reference thereto, subsection (3) of section 849.09, Florida
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Statutes, is reenacted to read:
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849.09 Lottery prohibited; exceptions.—
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(3) Any person who is convicted of violating any of the
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provisions of paragraph (e), paragraph (f), paragraph (g),
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paragraph (i), or paragraph (k) of subsection (1) is guilty of a
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misdemeanor of the first degree, punishable as provided in s.
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775.082 or s. 775.083. Any person who, having been convicted of
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violating any provision thereof, thereafter violates any
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provision thereof is guilty of a felony of the third degree,
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
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The provisions of this section do not apply to bingo as provided
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for in s. 849.0931.
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Section 6. For the purpose of incorporating the amendment
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made by this act to section 849.0931, Florida Statutes, in a
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reference thereto, paragraph (a) of subsection (1) of section
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849.094, Florida Statutes, is reenacted to read:
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849.094 Game promotion in connection with sale of consumer
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products or services.—
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(1) As used in this section, the term:
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(a) "Game promotion" means, but is not limited to, a
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contest, game of chance, sweepstakes, or gift enterprise,
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conducted by an operator within or throughout the state and
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other states in connection with and incidental to the sale of
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consumer products or services, and in which the elements of
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chance and prize are present. However, "game promotion" may not
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be construed to apply to bingo games conducted pursuant to s.
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849.0931.
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Section 7. For the purpose of incorporating the amendment
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made by this act to section 849.0931, Florida Statutes, in a
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reference thereto, subsection (6) of section 849.142, Florida
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Statutes, is reenacted to read:
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849.142 Exempted activities.—Sections 849.01, 849.08,
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849.09, 849.11, 849.14, and 849.25 do not apply to participation
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in or the conduct of any of the following activities:
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(6) Bingo games conducted pursuant to s. 849.0931.
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Section 8. This act shall take effect July 1, 2026.