Florida/Georgia Personal Injury & Workers Compensation

...ons or devices, by any minor under the age of 16 years is prohibited unless such use is under the supervision and in the presence of an adult who is acting with the consent of the minor's parent"). [48] See Fla. Stat. § 24.1055. [49] See Fla. Stat. § 849.0931....

...SHAW, Justice. We have for review Bradenton Group, Inc. v. Department of Legal Affairs, 701 So.2d 1170 (Fla. 5th DCA 1997), wherein the district court certified the following question: WHETHER A BINGO GAME, CONDUCTED BY AN ORGANIZATION NOT AUTHORIZED UNDER SECTION 849.0931, FLORIDA STATUTES, OR CONDUCTED BY AN AUTHORIZED ORGANIZATION IN VIOLATION OF SECTIONS 849.0931(5)-(12), FLORIDA STATUTES, CONSTITUTES A "LOTTERY" AS THAT TERM IS USED IN SECTION 849.09, FLORIDA STATUTES, AND, THUS, IS RACKETEERING ACTIVITY WHICH IS SUBJECT TO FLORIDA RICO....

...The State filed a civil lawsuit against Bradenton *200 alleging the following violations of the bingo statute [1] : a. The purported charities on whose behalf the games were conducted did not qualify as "charitable, nonprofit or veterans organizations" as defined in Section 849.0931(1)(c), Florida Statutes. b. Jackpots were awarded which exceeded $250, in violation of Section 849.0931(5), Florida Statutes. c. Bingo games were conducted on behalf of a particular purported charity on more than two days per week, in violation of Section 849.0931(6), Florida Statutes. d. More than three jackpots were awarded on one day of play, in violation of Section 849.0931(7), Florida Statutes....

...s, in violation of Section [8]49.0931(8), Florida Statutes. f. Some of the purported charities involved in the conduct of bingo games were not located in the county, or within a 15-mile radius of where the bingo games were conducted, in violation of Section 849.0931(9), Florida Statutes. g. Bingo games were not held on premises where authorized bingo games are permitted, in violation of Section 849.0931(11), Florida Statutes. h. The bingo games were not conducted in accordance with the rules set forth in Section [8]49.0931(12), Florida Statutes; and i. The proceeds of the bingo games were not returned to the players in the form of prizes, in violation of Section 849.0931(3), Florida Statutes....

...In short, under our statutory scheme, they who are authorized to conduct bingo violate the bingo statute; they who are not authorized to conduct bingo do not violate the provisions of the bingo statute, they violate the applicable gambling laws. Reading section 849.0931 in pari materia with the multitude of gambling offenses proscribed throughout chapter 849, it is reasonable to conclude that the legislature intended the bingo requirements to govern the performance of authorized bingo; it is not, however, the statutory vehicle for punishing unauthorized bingo operators....

...n "unauthorized" organization whose violations of the bingo statute constitute illegal lotteries and subject Bradenton to punishment (including forfeiture) under the lottery and RICO statutes. We disagree based on the plain language of the statutes. Section 849.0931 defines organizations that are authorized to conduct bingo games in Florida: (2)(a) None of the provisions of this chapter shall be construed to prohibit or prevent charitable, nonprofit, or veterans' organizations engaged in charita...

...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). § 849.0931(2)(a),(3),(4), Fla. Stat. (1993). Other portions of this statute, i.e., subsections (5) to (12), include a list of technical rules governing bingo operation. See § 849.0931(5)-(12), Fla. Stat. (1993) (specifying how often bingo games may be conducted, the maximum value of each jackpot, how many jackpots permitted per session, what *202 must happen when a player calls out "bingo!", etc.). Subsection 849.0931(13) of the bingo statute sets forth criminal penalties for bingo violations and expressly states that the penalties apply to any organization violating any of the statute's provisions: (13) Any organization or other person who willfu...

...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 is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 849.0931(13), Fla....

...Any person who, having been convicted of violating any provision thereof, thereafter violates any provision thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The provisions of this section do not apply to bingo as provided for in s. 849.0931. § 849.09(3), Fla. Stat. (1993)(emphasis added). Finally, the RICO statute specifically lists the provisions of the gambling chapter that it punishes and does not include section 849.0931, the bingo statute: 895.02 Definitions.—As used in ss....

...*203 HARDING, C.J., and KOGAN, ANSTEAD and PARIENTE, JJ., concur. WELLS, J., concurs with an opinion. OVERTON, J., dissents with an opinion. WELLS, Justice, concurring. I concur with the result reached by the majority, and I reach the result by way of the following reasoning. My reading of section 849.0931, Florida Statutes (1993), in subsections (2)(a), (3), and (4) is that the statute covers all organizations and specifies statutory conditions and limitations applying to separate types of organizations that operate bingo games. Section 849.0931 specifies conditions for authorized bingo operations under subsection (2)(a) for a charitable, nonprofit, or veterans' organization; under subsection (3) for "an organization ......

...um or mobile home park organization. The second category, subsection (3), could potentially include any organization. Thus, no type of organization is unauthorized to conduct bingo games that conform to the conditions set forth in the bingo statute. Section 849.0931(13), the bingo penalty provision, expressly refers to " [a]ny organization or other person who willfully and knowingly violates any provision of this section." In view of the other provisions of the statute which are reasonably read to cover all organizations, this penalty provision is reasonably read to provide penalties for every organization engaged in bingo that willfully violates any provision of section 849.0931. It then follows that, since every organization that operates bingo games is covered by section 849.0931, then every organization operating bingo games is excluded from section 849.09, Florida Statutes (1993), the lottery statute, by the express language of section 849.09(3), which states: "The provisions of this section do not apply to bingo as provided for in s. 849.0931." Therefore, the sum of my reasoning is that the lottery statute does not cover any organizations that operate bingo games. Furthermore, as the majority states, the absence of section 849.0931, the bingo statute, from a listing of the statutes describing the scope of section 895.02, Florida Statutes (1995), the RICO statute, indicates that the RICO statute does not cover any organization that operates bingo games....

...In my view, the majority has misconstrued the purpose of the statutory scheme enacted by the legislature relating to bingo. This Court has previously held that bingo is gambling and is a lottery. Greater Loretta Improvement Ass'n v. State ex rel. Boone, 234 So.2d 665, 669 (Fla.1970). In enacting section 849.0931, the legislature has permitted certain organizations to conduct bingo games free from the gambling proscriptions of chapter 849. Id. ("Bingo or Guest games do not violate [chapter 849, `Gambling,'] if played within the restrictions imposed by the Legislature."). Qualifying organizations are "authorized" to conduct bingo games under the plain language of subsections 849.0931(2)(a), (3), and (4)....

...Logically, if an organization does not meet the requirements of these subsections, the organization is "unauthorized" to conduct bingo. Authorized organizations must abide by the technical rules governing the operation of bingo games under subsections 849.0931(5) through (12) and are subject to the sanctions under subsection 849.0931(13) for violating the technical rules....

...These unauthorized organizations are subject to the full range of penalties under chapter 849. See Madar v. State, 376 So.2d 446, 448 (Fla. 4th DCA 1979) ("The status of the defendant as being within the class of `worthy organizations' is a threshold question for the application of the Section [849.0931] exception. An individual who is not such a `worthy organization' may not have the benefit of the bingo statutory exception."). To me, the statutory scheme to conduct bingo under section 849.0931 is analogous to the scheme under chapter 550, Florida Statutes (1997), regarding pari-mutuel wagering, such as betting on horseracing....

...In fact, the majority opinion may be used to allow anyone to conduct bingo without regard to the regulations contained in chapter 849. I disagree with the majority's opinion, and the district court of appeal's opinion should be approved in full. NOTES [1] § 849.0931, Fla....

...(F.Y.I.) appeals from a final summary judgment denying it relief in its declaratory judgment suit filed against the City of Ocala. In that suit, F.Y.I. challenged the City's ordinance, [1] which regulates the play and conduct of bingo games in the City limits because it was in conflict with state law, section 849.0931, [2] and on various constitutional grounds....

...out of the proceeds of the bingo game, and if there is money made above the $1,100 *584 rental fee, it goes to the charity. If not, the $1,100.00 is taken out of the proceeds of future games. The ordinance contains provisions that parallel the provisions of section 849.0931, and some that go beyond the statute's requirements....

...Our sister court reached that same conclusion in Jordan Chapel Freewill Baptist Church v. Dade County, 334 So.2d 661 (Fla. 3d DCA 1976). Although the bingo statute has been revised since that case was decided, it was as it is today, a comprehensive, detailed statement of how and who can conduct bingo games without violating section 849.0931....

...But that is not a conflict, under the test stated above, and thus the ordinance is valid. We find F.Y.I's other constitutional challenges to the ordinance are without merit. AFFIRMED. COBB and GOSHORN, JJ., concur. NOTES [1] Ordinance No. 2474. [2] Section 849.0931 permits certain charitable organizations to conduct bingo games under detailed conditions specified by the statute....

...This appeal raises a number of issues concerning the relationship between sections 895.01-.06, Florida Statutes ("RICO"), [1] in particular section 895.05, Florida Statutes ("civil RICO"), and section 849.09, Florida Statutes ["the lottery statute"], *1172 and section 849.0931 ("the bingo statute")....

...Can Unauthorized Bingo Constitute a Violation of the Lottery Law and, Thus, Be "Racketeering Activity"? The key issue we address concerns whether the state has alleged the violation of crimes which constitute predicate acts under RICO. At its essence, the defendants' argument is that violations of the bingo statute, section 849.0931, Florida Statutes, cannot be "racketeering activity" under Florida RICO, *1174 sections 895.01-.06....

...ants over a two-year period from 1994 through 1995. These were specified in the amended complaint. a. The purported charities on whose behalf the games were conducted did not qualify as "charitable, nonprofit or veterans organizations" as defined in Section 849.0931(1)(c), Florida Statutes. b. Jackpots were awarded which exceeded $250, in violation of Section 849.0931(5), Florida Statutes. c. Bingo games were conducted on behalf of a particular purported charity on more than two days per week, in violation of Section 849.0931(6), Florida Statutes. d. More than three jackpots were awarded on one day of play, in violation of Section 849.0931(7), Florida Statutes....

...mes, in violation of Section 949.0931(8), Florida Statutes. f. Some of the purported charities involved in the conduct of bingo games were not located in the county, or within a 15-mile radius of where the bingo games were conducted, in violation of Section 849.0931(9), Florida Statutes. g. Bingo games were not held on premises where authorized bingo games are permitted, in violation of Section 849.0931(11), Florida Statutes. h. The bingo games were not conducted in accordance with the rules set forth in Section 949.0931(12), Florida Statutes; and i. The proceeds of the bingo games were not returned to the players in the form of prizes, in violation of Section 849.0931(3), Florida Statutes....

...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 is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 849.0931(13), Fla....

...Any person who, having been convicted of violating any provision thereof, thereafter violates any provision thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The provisions of this section do not apply to bingo as provided for in s. 849.0931....

...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 shall not be considered solicitation of public donations. § 849.0931(2)(a), Fla....

...For example, subsection (5), one of the provisions which the defendants are charged with violating, provides: (5) No jackpot shall 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. § 849.0931(5), Fla....

...twithstanding the gambling prohibitions found throughout the remainder of chapter 849. Nowhere in that statute is that right withdrawn under any circumstances. If, for example, an authorized organization conducts a bingo game and, in violation of subsection 849.0931(12)(d), fails to visibly display a number both after it is drawn and before being placed in the rack, it may have violated that particular statutory provision, but it has not lost what the legislature bestowed upon it—the right to conduct bingo games....

...In short, under our statutory scheme, they who are authorized to conduct bingo violate the bingo statute; they who are not authorized to conduct bingo do not violate the provisions of the bingo statute, they violate the applicable gambling laws. Reading section 849.0931 in pari materia with the multitude of gambling offenses proscribed throughout chapter 849, it is reasonable to conclude that the legislature intended the bingo requirements to govern the performance of authorized bingo; [5] it is not, however, the statutory vehicle for punishing unauthorized bingo operators....

...lottery gambling needs to be decided promptly and in a consistent and definitive way. Accordingly, we certify to the Supreme Court of Florida as a question of great importance: WHETHER A BINGO GAME, CONDUCTED BY AN ORGANIZATION NOT AUTHORIZED UNDER SECTION 849.0931, FLORIDA STATUTES, OR CONDUCTED BY AN AUTHORIZED ORGANIZATION IN VIOLATION OF SECTIONS 849.0931(5)-(12), FLORIDA STATUTES, CONSTITUTES A "LOTTERY" AS THAT TERM IS USED IN SECTION 849.09, FLORIDA STATUTES, AND, THUS, IS RACKETEERING ACTIVITY WHICH IS SUBJECT TO FLORIDA RICO....

...uding the acceptance of satisfactory performance bonds, as the court may deem proper. [4] We note that the Attorney General has interpreted subsection (3) to refer only to "charitable, nonprofit or veterans' organizations" as that term is defined by § 849.0931(1)(c). Op. Att'y Gen. Fla. 94-7 (1994). We express no opinion about the propriety of this interpretation. We note, however, that this interpretation appears inconsistent with the allegation in the state's complaint that the defendants violated § 849.0931(3) by not returning all bingo proceeds in the form of prizes....

...In light of our holding, the State's cross-appeal is moot. [2] Background In its November 1995 amended complaint, the State sought forfeiture of various real property and proceeds resulting from the defendants' bingo operations, which violated various provisions of section 849.0931, Florida Statutes (1991) (the "Bingo Statute")....

...ately led to the appeal decided by this court's decision in Bradenton I, which the supreme court approved in part and quashed in part in Bradenton II. The Florida Supreme Court held that a bingo game conducted by an organization not authorized under section 849.0931, or conducted by an authorized organization in violation of various provisions *406 of section 849.0931, did not constitute a "lottery" under section 849.09 and was not racketeering subject to RICO liability....

...ation in Orange County. It held that Bradenton II controlled, and further held: 2. That the alleged conduct of bingo games and the alleged violations of any regulations dealing with the conduct of those games, including those specifically set out in Section 849.0931, Fla. Stat., do not and cannot form the basis of a racketeering violation or any violation of Section 895.01, et seq., or violations of any of the other gambling laws in Chapter 849. Section 849.0931 pre-empts and supersedes the filing of criminal charges under any other provision of Chapter 849, Fla....

...he second amended complaint. In May 2004, defendants moved for damages resulting from the injunction under section 60.07. Finally, the court acknowledged that, if it granted the defendants' motion in limine to exclude any evidence or allegation that section 849.0931 was violated by them, it "would gut [the State's] entire case." The two-week trial took place in February 2005....

...at 200 (quoting nine violations of the Bingo Statute, including that persons conducting bingo games were not bona fide members *410 of charities and that bingo game proceeds were not returned to players in the form of prizes). Bradenton II discussed at length section 849.0931, the Bingo Statute....

...recent decision in Department of Legal Affairs v. Bradenton Group, Inc., 727 So.2d 199 (Fla. 1998) ( Bradenton II ), the trial court erred in granting partial summary judgment in favor of 3B TV on the count alleging a violation of the bingo statute, section 849.0931, Florida Statutes....

...ages under DUTPA. The State alleged that the transmission of Basil Basset Bingo constituted a lottery drawing for money contrary to section 849.09, an unlawful game promotion contrary to section 849.094, and the operation of a bingo game contrary to section 849.0931, Florida Statutes....

...Relevant to this appeal, the trial court granted 3B TV's motion for a partial summary judgment, ruling in reliance on the decision of the Fifth District in Bradenton Group, Inc. v. Department of Legal Affairs, 701 So.2d 1170 (Fla. 5th DCA 1997) ( Bradenton I ), that section 849.0931 does not apply to 3B TV's broadcasts....

...In its cross-appeal, the State challenges the trial court's grant of summary judgment as to the count alleging a violation of the bingo statute. Application of the Bingo Statute In count II of its complaint, the State alleged that 3B TV violated the bingo statute, section 849.0931, Florida Statutes (1997), when it broadcast and operated Basil Basset Bingo in Florida....

...After extensively reviewing the statutory scheme regarding bingo, the Court determined that Florida statutory law draws no distinction between "authorized" and "unauthorized" bingo organizations. Bradenton II, 727 So.2d at 202. Thus, violations under the bingo statute are not punishable under the lottery or RICO statute. Section 849.0931(13) provides penalties for violations of the bingo statute and expressly states that penalties apply to any organization violating any of the statute's provisions....

...ughout the state and other states in connection with the sale of consumer products or services, and in which the elements of chance and prize are present. However, "game promotion" shall not be construed to apply to bingo games conducted pursuant to s. 849.0931....

...Our analysis cannot stop at this point, however. The last sentence of section 849.094(1)(a) expressly excludes bingo games from the game promotion safe harbor. As a result, if, on remand, it is determined that 3B TV's game constituted a bingo game under section 849.0931, section 849.094 will offer 3B TV no protection under section 501.212(1)....

... Case: 16-15451 Date Filed: 09/07/2017 Page: 2 of 16 We must decide whether an indictment that alleges that a business was in violation of the Florida bingo and gambling house statutes, Fla. Stat. §§ 849.01, 849.02, 849.03, 849.0931, sufficiently alleges one of the essential elements needed to obtain a conviction under the federal gambling statute: that the business “is a violation of” state law, 18 U.S.C. § 1955(b)(1)(i). Larry Masino and his ex-wife Dixie Masino own a Florida business called Racetrack Bingo Inc. Although Florida law generally prohibits gambling, it allows bingo to be conducted under stringent regulations. See Fla. Stat. § 849.0931....

... Case: 16-15451 Date Filed: 09/07/2017 Page: 3 of 16 jurisdiction over Larry Masino’s interlocutory cross-appeal, we dismiss the cross- appeal. And because a gambling business that violates the Florida bingo statute, Fla. Stat. § 849.0931, could be “a gambling business which is a violation of the law of a State,” 18 U.S.C....

...illegal gambling business, to wit, a gambling business involving bingo games called Racetrack Bingo Inc., which business was in violation of the laws of the State of Florida, to wit, Florida Statutes, Sections 849.01, 849.02, 849.03, and 849.0931, and which involved five or more persons who conducted, managed, supervised, directed, and owned all or part of said illegal gambling business, and which remained in substantially continuous operation for a period in excess...

...ment, 18 U.S.C. § 3731, we decline to exercise that jurisdiction over the cross-appeal. Second, we explain that Count Two of the indictment is legally sufficient because there are at least some violations of the Florida bingo statute, Fla. Stat. § 849.0931, that could make Racetrack Bingo an “illegal gambling business” under federal law, 18 U.S.C....

...No party argues about either of the two other elements of sufficiency, so our inquiry is limited to deciding whether the indictment presents the essential element about state law. We agree with the government that the indictment is sufficient because at least some violations of the Florida bingo statute, Fla. Stat. § 849.0931, which the indictment cites, could make Racetrack Bingo an “illegal gambling business,” 18 U.S.C....

...§ 1955(b)(4). And bingo is an activity where “participants pay a sum of money for the use of . . . cards[,] . . . numbers are drawn by chance, . . . [and a] player calls out ‘bingo’ and is declared the winner of a predetermined prize.” Fla. Stat. § 849.0931(1)(a)....

...require[s] that the line be drawn.” Id. This appeal does not require that we resolve every hypothetical difficulty in deciding what makes a gambling business illegal because there are at least some violations of the Florida bingo statute, Fla. Stat. § 849.0931, that may make Racetrack Bingo “illegal.” The indictment alleges that Racetrack Bingo was an “illegal gambling business”; it does not allege an incidental illegal act by an otherwise legal business....

...eds derived 12  Case: 16-15451 Date Filed: 09/07/2017 Page: 13 of 16 from the conduct of such games, less actual business expenses . . . , are donated by such organizations.” Id. § 849.0931(2)(a). The charitable organizations may “only be directly involved” and may not “serve as a sponsor of a bingo game . . . conducted by another.” Id. § 849.09319(2)(b). For a non-charitable organization, “its right to conduct bingo games . . . is conditioned upon the return of all the proceeds from such games to the players in the form of prizes.” Id. § 849.0931(3) (emphasis added)....

...mbling business if it violates only the more detailed rules on topics such as the number of days a week an organization may conduct bingo, the location of the games, or the rental rates charged to lease property where bingo is conducted. See id. § 849.0931(5)–(13)....

..., or was intended to be used, in violation of the Florida Contraband Forfeiture Act.” § 932.703(2)(c), Fla. Stat. The sheriff presented evidence to the trial court to show that bingo operations were conducted in violation of several provisions of section 849.0931, Florida Statutes....

...The trial court surmised that the sheriff had shown probable cause to believe that there were multiple violations of the statute regulating bingo, but correctly noted that the determination of whether the Masinos or any other persons were guilty of violating section 849.0931 (the bingo statute) was not before the court in the forfeiture proceedings under section 932.703....

...The trial court appropriately limited its ruling to whether there was probable cause to believe the bank accounts were “used, in violation of the Florida Contraband Forfeiture Act.” Despite the sheriffs argument to the contrary, property connected to a violation of gambling laws, such as section 849.0931, is not per se “used, in violation of’ the FCFA (§§ 932.701-932.706, Fla....

...tatutory definition of contraband, in order for the bank accounts at issue to meet the statutory definition, some association with violations of the gambling law is not enough — the accounts must have been “used” to carry out the violations of section 849.0931....

...Whether such “use” occurred is a fact question properly determined by the trial court, not a matter of law contained in the statutory language. Accordingly, a showing of probable cause that the owners of the bank accounts in question may have violated the bingo regulations in section 849.0931, Florida Statutes does not automatically establish that the accounts are “contraband” as defined by the FCFA, subject to forfeiture under section 932.703, Florida Statutes....

... Case: 16-15451 Date Filed: 09/07/2017 Page: 2 of 16 We must decide whether an indictment that alleges that a business was in violation of the Florida bingo and gambling house statutes, Fla. Stat. §§ 849.01, 849.02, 849.03, 849.0931, sufficiently alleges one of the essential elements needed to obtain a conviction under the federal gambling statute: that the business “is a violation of” state law, 18 U.S.C. § 1955(b)(1)(i). Larry Masino and his ex-wife Dixie Masino own a Florida business called Racetrack Bingo Inc. Although Florida law generally prohibits gambling, it allows bingo to be conducted under stringent regulations. See Fla. Stat. § 849.0931....

... Case: 16-15451 Date Filed: 09/07/2017 Page: 3 of 16 jurisdiction over Larry Masino’s interlocutory cross-appeal, we dismiss the cross- appeal. And because a gambling business that violates the Florida bingo statute, Fla. Stat. § 849.0931, could be “a gambling business which is a violation of the law of a State,” 18 U.S.C....

...illegal gambling business, to wit, a gambling business involving bingo games called Racetrack Bingo Inc., which business was in violation of the laws of the State of Florida, to wit, Florida Statutes, Sections 849.01, 849.02, 849.03, and 849.0931, and which involved five or more persons who conducted, managed, supervised, directed, and owned all or part of said illegal gambling business, and which remained in substantially continuous operation for a period in excess...

...ment, 18 U.S.C. § 3731, we decline to exercise that jurisdiction over the cross-appeal. Second, we explain that Count Two of the indictment is legally sufficient because there are at least some violations of the Florida bingo statute, Fla. Stat. § 849.0931, that could make Racetrack Bingo an “illegal gambling business” under federal law, 18 U.S.C....

...No party argues about either of the two other elements of sufficiency, so our inquiry is limited to deciding whether the indictment presents the essential element about state law. We agree with the government that the indictment is sufficient because at least some violations of the Florida bingo statute, Fla. Stat. § 849.0931, which the indictment cites, could make Racetrack Bingo an “illegal gambling business,” 18 U.S.C....

...§ 1955(b)(4). And bingo is an activity where “participants pay a sum of money for the use of . . . cards[,] . . . numbers are drawn by chance, . . . [and a] player calls out ‘bingo’ and is declared the winner of a predetermined prize.” Fla. Stat. § 849.0931(1)(a)....

...require[s] that the line be drawn.” Id. This appeal does not require that we resolve every hypothetical difficulty in deciding what makes a gambling business illegal because there are at least some violations of the Florida bingo statute, Fla. Stat. § 849.0931, that may make Racetrack Bingo “illegal.” The indictment alleges that Racetrack Bingo was an “illegal gambling business”; it does not allege an incidental illegal act by an otherwise legal business....

... Case: 16-15451 Date Filed: 09/07/2017 Page: 13 of 16 organizations may conduct bingo games “provided the entire proceeds derived from the conduct of such games, less actual business expenses . . . , are donated by such organizations.” Id. § 849.0931(2)(a). The charitable organizations may “only be directly involved” and may not “serve as a sponsor of a bingo game . . . conducted by another.” Id. § 849.09319(2)(b). For a non-charitable organization, “its right to conduct bingo games . . . is conditioned upon the return of all the proceeds from such games to the players in the form of prizes.” Id. § 849.0931(3) (emphasis added)....

...mbling business if it violates only the more detailed rules on topics such as the number of days a week an organization may conduct bingo, the location of the games, or the rental rates charged to lease property where bingo is conducted. See id. § 849.0931(5)–(13)....

the games open to the public? 3. Pursuant to section 849.0931, Florida Statutes, must all bingo balls or

...which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., § 849.0931, Fla....

...It is not necessary, however, that the State prove that the defendant performed all the acts incident to the lottery. - 40 -  If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla. Stat., § 849.0931, Fla....

...n that the defendant had any other interest or participation in the lottery. - 42 -  If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla. Stat., § 849.0931, Fla....

...which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla. Stat., § 849.0931, Fla....

...t’s skill, such as by drawing numbers, entries, cards, or by rolling dice. - 46 -  If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla. Stat., § 849.0931, Fla....

...token evidencing some interest in a lottery] was located in a common area in plain view and in the presence of the defendant. If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla. Stat., § 849.0931, Fla....

...s, records, instruments, or paraphernalia] were located in a common area in plain view and in the presence of the defendant. If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092, Fla. Stat., § 849.0931, Fla....

a lottery for money or anything of value. Section 849.0931(2)(a), Florida Statutes, however, provides:

...Rather, such gambling is prohibited by the constitution and laws of this state. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 See, s. 849.09 , Fla. Stat., describing and prohibiting lotteries. Subsection (3) states that "[t]he provisions of this section do not apply to bingo as provided for in s. 849.0931 " which authorizes the playing of bingo under the circumstances set forth therein. 2 See, Art. X , s. 7 , Fla. Const. 3 See, Art. X , s. 15 , Fla. Const. 4 Section 849.08 , Fla. Stat. 5 Section 849.0931 (2)(a), Fla. Stat., and see, s. 849.0931 (1)(c), defining a "[c]haritable, nonprofit, or veterans' organization" to mean "an organization which has qualified for exemption from federal income tax as an exempt organization under the provisions of 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." 6 Section 849.0931 (3), Fla....

...Rocio Corporation, 404 So.2d 1066 , 1069 (Fla. 3d DCA 1981), pet. for rev. den., 408 So.2d 1092 (Fla. 1981); State v. City of Sunrise, 354 So.2d 1206 , 1209 (Fla. 1978). 8 See, City of Boca Raton v. Gidman, 440 So.2d 1277 , 1280 (Fla. 1983). 9 Contra, s. 849.0931 , Fla....

...f prizes. Thus, it would not appear that such games, were they authorized, would be a revenue generating proposition for local governments. 10 See, Memorandum from Nicoletti, Block, Duffy, Poncy Kohn, P.A., dated August 9, 1995. 11 I would note that s. 849.0931 (11), Fla....

...state Legislature may act, except on certain enumerated subjects. One such restriction is that a municipality cannot legislate on any subject expressly preempted to the state or county government by the Constitution or by general law. 5 A review of section 849.0931 , Florida Statutes, and its history indicates that the regulation of bingo is not currently preempted to the state. There is no language in chapter 849 , Florida Statutes, or section 849.0931 , Florida Statutes, specifically preempting regulation of this area to the state....

The Honorable Charles W. Morris Sheriff, Okaloosa County 1250 Eglin Parkway Shalimar, Florida 32579-1234 Dear Sheriff Morris: You have asked for my opinion on substantially the following questions: 1. Is it a violation of section 849.0931 , Florida Statutes, for a charitable, nonprofit, or veterans' organization to contract with a for-profit corporation for the corporation to exert total control over the bingo proceeds generated by the organization? 2. Is it a violation of section 849.0931 , Florida Statutes, for a charitable, nonprofit, or veterans' organization to contract with a for-profit corporation for the corporation to provide the organization with the personnel required by the organization to conduct bingo ( i...

...ng bingo? 4. Does the answer to Question Two change if all the personnel provided by the for-profit corporation work only for tips, rather than being paid by the corporation to assist the organization in the conduct of bingo? 5. Is it a violation of section 849.0931 , Florida Statutes, for an officer or employee of a for-profit corporation that has leased a facility to a charitable, nonprofit, or veterans' organization for the purpose of the organization conducting bingo, and who is either a bon...

...sist the organization in the conduct of bingo if the officer or employee is being paid by the for-profit corporation for this work? 6. In those cases where a charitable or nonprofit organization that is authorized to conduct bingo in accordance with section 849.0931 , Florida Statutes, does not have a formal membership, that is, groups such as the American Cancer Society, the American Heart Association, etc., are there any limitations on who can be involved in these types of organizations' bingo games? 7. Is it a violation of section 849.0931 , Florida Statutes, for a group of charitable, nonprofit, or veterans' organizations that conduct individual sessions of bingo at the same leased facility, either on different days of the week or on the same days of the week at diffe...

...e total proceeds among those organizations? 8. If your answer to Question Seven is "yes," are the organizations involved limited in the number of jackpots each organization can offer during the "individual" sessions of bingo? 9. Is it a violation of section 849.0931 , Florida Statutes, for the bingo cards sold by one organization to be used in another organization's session of bingo when a group of charitable, nonprofit, or veterans' organizations conduct individual sessions of bingo at the same leased facility on the same days of the week, at different times? In sum: 1. Section 849.0931 , Florida Statutes, requires that a nonprofit, charitable, or veterans' organization conducting bingo games control every aspect of the games, including control of the proceeds of the games....

...form of tips or as wages from their regular employer. 6. Each person involved in the conduct of a bingo game must be a bona fide member of the organization sponsoring the game. There is currently no exception to this statutory requirement. 7. and 8. Section 849.0931 , Florida Statutes, prohibits the "pooling" of bingo proceeds with a subsequent equal distribution to all participating organizations. 9. A charitable, nonprofit, or veterans' organization that allows the bingo cards sold by such organization to be used subsequently by another organization in a different session of bingo, acts outside the scope of section 849.0931 , Florida Statutes, and may be subject to criminal prosecution....

...The bingo halls are owned and operated by for-profit corporations. The corporations were leasing their bingo halls to a number of local charitable, nonprofit, and veterans' organizations for the purpose of these organizations conducting bingo in accordance with section 849.0931 , Florida Statutes....

...5 If an organization is not engaged in charitable, nonprofit, or veterans' efforts, it may conduct bingo games so long as all of the proceeds from the games are returned to the players in the form of prizes. 6 Question One You ask whether it is a violation of section 849.0931 , Florida Statutes, for a charitable, nonprofit, or veterans' organization to contract with a for-profit corporation in a fashion that allows the corporation to exert total control over the bingo proceeds generated by the organization. Section 849.09 , Florida Statutes, makes it unlawful for any person in this state to promote or conduct a lottery for money or anything of value. Section 849.0931 (2)(a), Florida Statutes, however, provides: "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, rel...

...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 shall not be considered solicitation of public donations." Thus, section 849.0931 , Florida Statutes, constitutes a limited exception from the general prohibition against gambling in this state by authorizing charitable or nonprofit organizations to conduct bingo games, subject to the conditions and limitations contained therein....

...le organization conducting bingo games. That opinion concluded that the nonprofit, charitable, or veterans' organization conducting the bingo games must control every aspect of the game. This includes control of the proceeds of the games. Nothing in section 849.0931 , Florida Statutes, limits participation in bingo games to members of the sponsoring organization, although the statute requires that members of the organization be responsible for conducting these games. 8 Thus, an arrangement whereby a charitable, nonprofit, or veterans' organization enters into an agreement allowing a for-profit corporation to have total control over the bingo proceeds would not meet the requirements of section 849.0931 , Florida Statutes. Questions Two and Three Your second and third questions relate to the personnel conducting bingo games. You have characterized these members as "regular," "associate," or "honorary" organization members. Section 849.0931 , Florida Statutes, does not use the designations "regular," "associate," or "honorary" to distinguish or describe members of charitable, nonprofit, or veterans' organizations included within the scope of the statute....

...h the membership requirements." 9 Thus, without regard to any designation such as "honorary," "associate," or "regular," members of a qualified organization conducting bingo games must be "bona fide" members as Florida courts have defined that term. Section 849.0931 (8), Florida Statutes, provides: "Each person involved in the conduct of any bingo game 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 the operation of such bingo game." An examination of section 849.0931 , Florida Statutes, does not reveal any exception to the above requirement....

...10 As this office stated in Attorney General's Opinion 95-69, "[m]embership of corporate individuals in the nonprofit, charitable, or veterans' organization conducting the bingo cannot be used as a means of allowing unauthorized entities to engage in gaming as section 849.0931 (2)(b), Florida Statutes, expressly prohibits a nonprofit, charitable, or veterans' organization from sponsoring a game conducted by another." Therefore, pursuant to section 849.0931 , Florida Statutes, it is my opinion that each person involved in conducting a bingo game must be a bona fide member of the charitable, nonprofit or veterans' organization....

...The participation of unauthorized individuals or entities in the operation of the game of bingo is a criminal offense. 11 Questions Four and Five Your fourth and fifth questions deal with paying the personnel involved in conducting bingo games for their services. Section 849.0931 (8), Florida Statutes, states that a "person involved in the conduct of any bingo game ....

...eir regular employer. Question Six Your sixth question is whether charitable or nonprofit organizations such as the American Cancer Society or the American Heart Association may conduct bingo games when these organizations have no formal membership. Section 849.0931 (8), Florida Statutes, states: "Each person involved in the conduct of any bingo game 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 bingo game....

...exception to the statute could be found that would permit a nonmember of a charitable, nonprofit or veterans' organization to conduct bingo where all the members of the organization were physically or mentally unable to conduct the games. Relying on section 849.0931 (8), Florida Statutes, that opinion concluded that the statute clearly requires each member involved in the conduct of bingo games to be a bona fide member of the organization sponsoring the game. 13 There was no exception to this statutory requirement at that time, nor has the Legislature created one since. Thus, it is my opinion that section 849.0931 (8), Florida Statutes, requires, among other things, that each person involved in the conduct of a bingo game must be a bona fide member of the organization sponsoring the game....

...There is currently no exception to the above statutory requirement. Questions Seven and Eight You ask whether the "pooling" of bingo proceeds by different charitable, nonprofit, or veterans' organizations with a subsequent equal distribution of these proceeds among the participating organizations is legal under section 849.0931 , Florida Statutes. Section 849.0931 (2)(a), Florida Statutes, provides in part that "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, [must be] donated by such organizations to the endeavors mentioned above....

...act." The Legislature has clearly directed that the proceeds from a bingo game conducted by a charitable, nonprofit, or veterans' organization may not be used for any other purpose whatsoever. Based on this statutory language, it is my opinion that section 849.0931 , Florida Statutes, would prohibit the "pooling" of bingo proceeds with a subsequent equal distribution to all the participating organizations....

...nization of the bingo games of another. Question Nine You have asked whether bingo cards sold by one charitable, nonprofit, or veterans' organization may be used by another such organization in a different bingo session. A "bingo card" is defined in section 849.0931 (1)(b), Florida Statutes, as "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." The only statutory requirement in section 849.0931 , Florida Statutes, relating to bingo cards or sheets is section 849.0931 (12)(c), Florida Statutes, which states: "(12) Each bingo game shall be conducted in accordance with the following rules: * * * (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." While section 849.0931 , Florida Statutes, specifically defines what constitutes a bingo game, prescribes how the game is to be played and when a player is to be declared a winner, there is no provision of the statute that addresses your question. As discussed earlier herein, section 849.0931 , Florida Statutes, constitutes a limited exception from the general prohibition against gambling in this state by authorizing charitable or nonprofit organizations to conduct bingo games subject to the conditions and limitations contained therein. Deviation from the terms of section 849.0931 , Florida Statutes, may subject the charitable or nonprofit organization to criminal prosecution for gambling....

...of such a practice. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 See, s. 849.09 , Fla. Stat., describing and prohibiting lotteries. Subsection (3) states that "[t]he provisions of this section do not apply to bingo as provided for in s. 849.0931 " which authorizes the playing of bingo under the circumstances set forth therein. 2 See, Art. X , s. 7 , Fla. Const. 3 See, Art. X , s. 15 , Fla. Const. 4 Section 849.08 , Fla. Stat. 5 Section 849.0931 (2)(a), Fla. Stat. And see , s. 849.0931 (1)(c), Fla....

...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. 6 Section 849.0931 (3), Fla. Stat. 7 Section 849.0931 (4), Fla....

...Stat., also authorizes a condominium association, a mobile home owners' association, or a group of residents of a mobile home park or recreational vehicle park as defined in Ch. 513 , Fla. Stat., to conduct bingo as prescribed therein. 8 See , Op. Att'y Gen. Fla. 97-60 (1997) and s. 849.0931 (8), Fla....

...premises at which the session is held. In no event may a caller in a bingo game be a participant in that bingo game." 9 See, State v. South County Jewish Federation , 491 So.2d 1183 (Fla. 4th DCA 1986), and Op. Att'y Gen. Fla. 95-69 (1995). 10 See, s. 849.0931 (2)(b), Fla. Stat. 11 See, Madar v. State, 376 So.2d 446 (Fla. 4th DCA 1979). And see, s. 849.0931 (13), Fla. Stat., providing criminal penalties for persons or organizations violating the provisions of the statute. 12 See, e.g., Op. Att'y Gen. Fla. 92-91 (1992). 13 Id . 14 See, s. 849.0931 (13), Fla....

on the following questions: 1. Pursuant to section 849.0931(12)(g), Florida Statutes, must the winning

...ll or other municipal building for lectures, entertainment events, or theatrical performances. 5 With specific regard to bingo games, the Florida Statutes recognize the use of municipal property for conducting such games, with specific reservations. Section 849.0931 , Florida Statutes, authorizes certain charitable, nonprofit, and veterans' organizations to conduct bingo games....

...ivic, community, benevolent, religious, or scholastic works or similar activities or, in the alternative, such remaining proceeds shall be used as specified in subsection (3)." With regard to the use of municipal property for conducting bingo games, section 849.0931 (11), Florida Statutes, states: "(d) Property owned by a municipality or a county [may be used for conducting bingo games] when the governing authority has, by appropriate ordinance or resolution, specifically authorized the use of s...

...nefits accruing to the county from the program could not be delegated to the Attorney General, nor could the Attorney General undertake to make such legislative findings on behalf of the county). 5 See 64 C.J.S. Municipal Corporations s. 1809. 6 See s. 849.0931 (1)(a), Fla. Stat., defining "bingo game"; and (1)(c) defining "charitable, nonprofit, or veterans' organization" for purposes of that section. Section 849.0931 (4), Fla....

the following question: Is it a violation of section 849.0931, Florida Statutes, for a charitable, nonprofit

substantially the following questions: 1. Does section 849.0931, Florida Statutes, as amended by Chapter 2007-228

Such machines do not fall within the terms of section 849.0931, Florida Statutes, which authorizes certain

...dence in determining whether guilt of actual participation in [setting up] [promoting] [conducting] a lottery has been proved. If there is evidence of an exception referred to at the end of § 849.09(1), Fla._Stat., in § 849.092 Fla._Stat., § 849.0931, Fla....

...rable Lee H. Cannon Sheriff, Pasco County 8700 Citizen Drive New Port Richey, Florida 34654 Dear Sheriff Cannon: You ask the following questions: 1. May a resident group from an adult recreational vehicle park operate bingo for their residents under section 849.0931 (3), Florida Statutes, as long as all the proceeds are returned to the players in the form of prizes? 2. Would any group or organization be entitled to conduct bingo under section 849.0931 (3), Florida Statutes, as long as they return all the proceeds in the form of prizes? In sum: 1. A resident group from an adult recreational vehicle park has not been authorized by the Legislature to operate bingo for their residents under section 849.0931 (3), Florida Statutes, even though all the proceeds are returned to the players in the form of prizes. 2. Section 849.0931 (3), Florida Statutes, does not authorize a group or organization, except those expressly specified therein, to conduct bingo games even though such group or organization returns all the proceeds in the form of prizes. As your questions are interrelated, they will be answered together. Section 849.09 , Florida Statutes, makes it unlawful for any person in this state to promote or conduct a lottery for money or anything of value. Section 849.0931 (2)(a), Florida Statutes, however, provides: 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, reli...

...ors 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 shall not be considered solicitation of public donations. In addition, section 849.0931 , Florida Statutes, authorizes a condominium association, a mobile home owners' association, or a group of residents of a mobile home park as defined in chapter 723 , Florida Statutes to conduct bingo....

...The term "mobile home" is defined by section 723.003 (3), Florida Statutes, to expressly exclude structures originally sold as a recreational vehicle. Thus, a group of residents from an adult recreational vehicle park would not fall within the provisions of section 849.0931 (4), Florida Statutes. Since a group of residents from an adult recreational vehicle park would not appear to be an organization authorized by either subsection (2) or (4) of section 849.0931 , Florida Statutes, to conduct bingo games, you ask whether the language in subsection (3) of the statute permits such a group to run bingo games if all of the proceeds are returned to the players as prizes. As noted above, section 849.0931 (2)(a), Florida Statutes, authorizes a qualified charitable, nonprofit, or veterans' organization to conduct bingo games for the purpose of raising money for the broad categories of social endeavors set forth above. 4 Section 849.0931 (3), Florida Statutes, however, provides that "[i]f 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...

...proceeds are returned to the players in the form of prizes. Such an interpretation is consistent with that given by the courts to substantially the same language contained in the predecessor statute, section 849.093, Florida Statutes 1991. Although section 849.0931 , Florida Statutes, has not been the subject of substantial review by the appellate courts, the language of section 849.093, Florida Statutes 1991, has been interpreted....

...go from the prohibitions against gambling contained in chapter 849 , Florida Statutes, provided that the bingo is conducted by certain not-for-profit organizations in accordance with the terms specified therein. 6 The language currently contained in section 849.0931 (2)(a) and (3), Florida Statutes, is substantially the same as that of former section 849.093(1) and (2), Florida Statutes 1991....

...organizations to conduct bingo or guest games so long as the purpose is either to raise money for certain broad categories of social welfare or for the pure recreation and enjoyment of their members. 8 In light of the above, I am of the opinion that section 849.0931 (3), Florida Statutes, does not authorize any organization to conduct bingo games but rather permits a qualified charitable, nonprofit, or veterans' organization to conduct such games for the recreation and enjoyment of its members rather than to raise money provided that all of the proceeds to the players in the form of prizes. Inasmuch as a group of residents of an adult recreational vehicle park is not currently authorized to conduct bingo under section 849.0931 (2)(a) or (4), Florida Statutes; section 849.0931 (3), Florida Statutes, would not authorize such group to conduct bingo games even though all of the proceeds are returned to the players in the form of prizes. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 See, s. 849.0931 (4), Fla. Stat. (1993). 2 Id. 3 Section 849.0931 (4), Fla. Stat. (1993), requires that such charitable, nonprofit, or veterans' organization receiving any net proceeds be exempt from federal income tax under s. 501(c) of the Internal Revenue Code. 4 See, s. 849.0931 (1)(c), Fla....

...528 of the Internal Revenue Code of 1986, as amended, that 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. 5 Section 849.0931 (3), Fla....

...layers and shall continue to do so until the proceeds carried over from the previous days played have been exhausted." This provision, however, does not extend the limitation on the number of prize or jackpot games allowed in one day provided for in s. 849.0931 (5), Fla....

Honorable Curtis A. Golden State Attorney First Judicial Circuit QUESTION: 1. Pursuant to s. 849.0931 , F.S....

...Does a game in which players buy one or more numbers and, if they bingo on that number, not only win the regular prize money but also additional money sometimes in excess of the 250 jackpot maximum, constitute a form of lottery or gambling not authorized under s. 849.0931 , F.S....

...(1992 Supp.), restrict a charitable, nonprofit or veterans' organization to conducting a bingo game in the county where it has its main or home office? 4. May the proceeds derived from bingo be used for additional payments for administrative expenses, clean-up expenses and set-up expenses under s. 849.0931 (2)(a), F.S. (1992 Supp.)? 5. What criteria is to be used in determining whether the rental rate for property does not exceed the rental rate charged for similar premises in the same locale pursuant to s. 849.0931 (11)(c), F.S. (1992 Supp.)? 6. Is there an exception to s. 849.0931 (8), F.S....

...a nonmember of the organization to conduct bingo where all the members of the organization are physically or mentally unable to conduct the games? SUMMARY: 1. In the absence of judicial or legislative clarification, this office cannot conclude that s. 849.0931 , F.S....

...It may, however, be advisable to seek legislative or judicial clarification on this issue. 2. The playing of a game where a player buys one or more numbers and if the player bingos on that number, he or she wins not only the regular bingo money but additional money, constitutes a form of lottery or gambling not authorized by s. 849.0931 , F.S. (1992 Supp.). 3. While nothing in s. 849.0931 , F.S....

...The residency of the various members of the organization would not appear to satisfy that requirement. 4. In light of the decision in State v. South County Jewish Federation, 1 which interpreted substantially the same language as is currently contained in s. 849.0931 , F.S....

...r the charitable, non-profit or veterans' organization to conduct the game, it appears that operational expenses which are necessary to conduct the game of bingo, such as set-up and clean-up expenses, may be paid from the proceeds of bingo games. 5. Section 849.0931 , F.S....

...be rented. A number of factors may be considered such as the size, type of building; however, the determination of what constitutes "similar premises" in any given instance involves mixed question of law and fact which this office cannot resolve. 6. Section 849.0931 , F.S....

...AS TO QUESTION 1: The authority to conduct bingo games, which are a form of gambling, 2 in this state has been limited to certain charitable, nonprofit or veterans' organizations and to certain condominium or mobile home owners' associations and groups of residents of mobile home parks. 3 Section 849.0931 , F.S....

...4 In addition, "[n]o jackpot shall 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." 5 "Session" is defined as "a designated set of games played in a day or part of a day ." 6 (e.s.) Pursuant to s. 849.0931 (7), F.S....

...however, whether the prohibition against more than three jackpots on any one day of play is limited to games being conducted by a single qualifying organization or applies to all games played on the same premises by several qualified organizations. Section 849.0931 , F.S....

...remises and conducted bingo on two days and then subleased the premises to another qualifying charity which conducted bingo on one or two other days each week. In the absence of legislative or judicial clarification, this office cannot conclude that s. 849.0931 , F.S....

...AS TO QUESTION 2: You state that some organizations are conducting a game in which players are allowed to purchase one or more numbers. If the players bingo on a number they have purchased, they win not only the regular bingo prize money but additional money such that the prize may be in excess of the 250 jackpot maximum. Section 849.0931 (5), F.S....

...ayed and when a player is to be declared a winner. 12 Nothing in the statute authorizes or otherwise provides for such a game to be played. Although tied to the bingo game, the game appears to constitute a separate game of chance not contemplated in s. 849.0931 , F.S....

...13 Therefore, I am of the opinion that the playing of a game where a player buys one or more numbers and if the player bingos on that number, he or she wins not only the regular bingo money but additional money, constitutes a form of lottery or gambling not authorized by s. 849.0931 , F.S. (1992 Supp.). AS TO QUESTION 3: Pursuant to s. 849.0931 (9), F.S....

...organizations having a prior record of charitable endeavors. Nothing in the statute appears to limit the ability of a charitable, nonprofit or veterans' organization to conduct bingo games only in the county where its main or home office is located. Section 849.0931 , F.S....

...the organization itself is located in the county or within a 15-mile radius of where the bingo game is located although such a determination would appear to involve mixed questions of law and fact which this office cannot address. AS TO QUESTION 4: Section 849.0931 (2)(a), F.S....

...In no case may the net proceeds from the conduct of such games be used for any other purpose whatsoever. . . . (e.s.) Section 849.093, F.S. 1991, formerly authorized organizations licensed to conduct bingo to use bingo proceeds for certain "authorized expenses." 15 In adopting s. 849.0931 , F.S....

...er court's finding that the operational expenses were clearly contemplated by the statute. In light of the court's decision in State v. South County Jewish Federation, supra , interpreting substantially the same language as is currently contained in s. 849.0931 , F.S. (1992 Supp.), it appears that operational expenses which are necessary in order to conduct the game of bingo may be paid from the proceeds of bingo games conducted by charitable organizations. AS TO QUESTION 5: Section 849.0931 (11)(c), F.S....

...will be different, because they involve different arrangements." 22 The determination, however, of what constitutes "similar premises" in any given instance involves mixed questions of law and fact which this office cannot resolve. AS TO QUESTION 6: Section 849.0931 (8), F.S....

...(1992 Supp.), provides: Each person involved in the conduct of any bingo game 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 bingo game. . . . An examination of s. 849.0931 , F.S....

...rson is properly enrolled in the organization by paying dues and complying with the membership requirements." 24 Where a controlling law directs how a thing is to be done, that is, in effect, a prohibition against its being done in any other way. 25 Section 849.0931 , F.S....

...There is currently no exception to the above statutory requirement, and this office cannot read into the statute such an exception. Your sixth question is, therefore, answered in the negative. RAB/tjw 1 491 So.2d 1183 (4 D.C.A. Fla., 1986). 2 Perlman v. State, 269 So.2d 385 , 387 (4 D.C.A. Fla., 1972). 3 See , ss. 849.0931 , 718.114 , and 723.079 , F.S. (1992 Supp.). 4 Section 849.0931 (6), F.S. (1992 Supp.). 5 Section 849.0931 (5), F.S. (1992 Supp.). 6 Section 849.0931 (1)(g), F.S. (1992 Supp.). 7 If the premises are leased, s. 849.0931 , F.S....

...(1992 Supp.), prohibits the lease or rental agreement from providing for the payment of a percentage of the proceeds generated at such premises to the lessor or any other party. In addition, the rental rate for such premises may not exceed the rental rate charged for similar premises in the same locale. 8 Section 849.0931 (11), F.S....

...conducted on property owned by the association or residents of a mobile home park or property which is a common area located in the condominium or mobile home park. Id . 9 Section 849.093, F.S. 1985. 10 491 So.2d 1183 (4 D.C.A. Fla., 1986). 11 See , s. 849.0931 (1)(a), F.S....

...ced 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. 12 See , s. 849.0931 (12), F.S....

...which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., § 849.0931, Fla....

...1939)(holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....

...which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla....

...1939) (holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....

...which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla....

...1939) (holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....

...’s skill, such as by drawing numbers, entries, cards, or by rolling dice. - 10 -  If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla....

...1939)(holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....

...which is not influenced or controlled by a participant’s skill, such as by drawing numbers, entries, cards, or by rolling dice. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla....

...1939) (holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....

...Give if applicable. Possession of a [lottery ticket] [coupon, share, or token] may be sole or joint, that is, two or more persons may possess a [lottery ticket] [coupon, share, or token]. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla....

...1939) (holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....

...or more persons may possess [Run Down Sheets] [Tally Sheets] [or] [Other Papers, Records, Instruments, or Paraphernalia],. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla....

...1939) (holding that increased attendance and receipts at a theater offering a “bank night” drawing satisfied the element of consideration, even though persons could participate in the drawing without purchasing a ticket). A special instruction will be needed if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla....

...Give if applicable. Possession of a [lottery ticket] [coupon, share, or token] may be sole or joint, that is, two or more persons may possess a [lottery ticket] [coupon, share, or token]. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., § 849.0931, Fla....

...or more persons may possess [Run Down Sheets] [Tally Sheets] [or] [Other Papers, Records, Instruments, or Paraphernalia],. If there is evidence of an exception referred to at the end of § 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., § 849.0931, Fla....

...4 Since section 849.0935 , Florida Statutes, does not include a chamber of commerce qualified under 26 U.S.C. 501 (c)(6), among those authorized to conduct drawing by chance, a chamber of commerce would not be qualified to conduct a raffle or drawing by chance pursuant to section 849.0935 , Florida Statutes. Section 849.0931 , Florida Statutes, relating to bingo games, however, contains a broader exception for charitable, nonprofit, or veterans' organizations to conduct bingo games....

...unity, benevolent, religious, or scholastic works or other similar activities, and has been in existence and active for a period of 3 years or more. 5 Thus, a chamber of commerce qualified under 26 U.S.C. 501 (c)(6) and meeting the other criteria of section 849.0931 , Florida Statutes, would be authorized to conduct bingo games as set forth therein. Accordingly, I am of the opinion that a chamber of commerce qualified under 26 U.S.C. 501 (c)(6) is not authorized by section 849.0935 , Florida Statutes, to conduct raffles or drawings by chance, but may pursuant to section 849.0931 , Florida Statutes, conduct bingo games, provided such organization is engaged in charitable, civic, community, benevolent, religious, or scholastic works or other similar activities, and has been in existence and active for a period of 3 years or more....

...not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual." 4 See, e.g., Alsop v. Pierce , 19 So.2d 799 , 805 (Fla. 1944); Thayer v. State, 335 So.2d 815 , 817 (Fla. 1976). 5 See s. 849.0931 (1)(c), Fla....