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ORDINANCE NO. 611-06/07
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, PROVIDING FOR THE VOLUNTARY
ANNEXATION OF PROPERTY, PROVIDING FOR REPEAL
OF ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 171.044, Florida Statutes, permits municipalities to
voluntarily annex property within an unincorporated area of a county which is
contiguous to a municipality and reasonably compact;
WHEREAS, Section 4.02 of the Village of Tequesta Charter permits the Village
of Tequesta to change its territorial limits by annexation in accordance with Chapter
171, Florida Statutes;
WHEREAS, the real property at Rood Williams Post 271, American Legion, 775
U.S. Highway #1, Tequesta, FL 33469, Parcel Control #43-40-30-0-0-000-002 is located
in an unincorporated area of Palm Beach County, Florida which is contiguous to the
• Village of Tequesta and which is reasonably compact;
WHEREAS, the owners of real property at Rood Williams Post 271, American
Legion, 775 U.S. Highway #1, Tequesta, FL 33469, Parcel control #43-40-30-0-0-000-
002 have signed a petition to the Village council of the Village of Tequesta requesting
voluntary annexation of said property;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Village of Tequesta hereby annexes and redefines the
boundary lines of the Village of Tequesta to include the following property:
Rood Williams Post 271
American Legion
775 U.S. Highway #1
Tequesta, FL
Parcel Control #43-40-30-0-0-000-002
Section 2. A map of the annexed property is attached hereto as Exhibit A
Section 3. A complete legal description of the annexed area by metes and
bounds is attached hereto as Exhibit B.
• Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 5. If any court of competent jurisdiction holds any word, part, section,
paragraph or provision hereof to be unlawful or unconstitutional, such ruling or finding
shall not affect the remaining portions of this Ordinance, which shall remain in full force
and effect.
Section 6. This Ordinance shall become effective immediately upon passage.
THE FOREGOING ORDINANCE was offered by Councilmember ,
who moved its adoption. The Ordinance was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
FOR ADOPTION
•
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and adopted this 11th day of
January 2007.
ATTEST:
Village Clerk
MAYOR OF TEQUESTA
Jim Humpage
2
i PETITION FOR VOLUNTARY ANNEXATION
The undersigned owners of real property at Rood Williams Post 271, American
Legion, 775 U.S. Highway #1, Tequesta, FL 33469, Parcel Control #43-40-30-0-0-000-
002, located within an unincorporated area of Palm Beach County, Florida, which is
contiguous to the Village of Tequesta and which is reasonably compact, hereby
petitions the Village Council of the Village of Tequesta that said property be voluntarily
annexed to the Village of Tequesta pursuant to § 171.044, Fla. Stat.
ure
Signatu
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•
JoN~s
FOSTER
J(~HNSTON
& STUBBS, P.A.
Attorneys and Counselors
Memo
To: Stirling E. Clarke
From: Scott G, Hawkins, Esq.
Date: July 7, 2006
Subject: Village of Tequesta/Bridge Closure Research
Stirling:
Mayor Humpage has requested that we research the following issue relative to a
potential voluntary annexation..
Background Facts
Tequesta is interested in expanding where it can voluntarily annex properties. The
American Legion has approached the Village and inquired about the possibility of
having its property voluntarily annexed into the Village pursuant to Florida Statutes.
The American Legion property is approximately 3 acres. This property contains an
American Legion Cfub facility which is not open to the public. To access the facility, you
have to be a veteran and a member of the American Legion. The Village is very
interested in annexing this property because such annexation would open up the
possibility of annexing an adjacent 2 acres and then an adjacent 7 acres, both of which
are commercial..
The problem with the proposed annexation is that the American Legion facility contains
a penny arcade" operation which includes various electronic games, coin operated pool
tables, etc. The Village has an ordinance which prohibits public facilities which contain
these penny arcade enterprises,
issue
Should the Village annex the American Legion property and allow the American Legion
club to continue to operate in the current manner when such operations include the
Stirling E.. Clarke
July 7, 2006
Page 2
operation of an electronic games and penny arcade facilities? In other words, would the
Village be required to keep the American Legion from operating the penny arcade
facilities if this property was annexed? Could the current operations of the American
Legion be treated as a "grandfathered use" despite the voluntary annexation
contemplated herein?
Please prepare a brief memorandum addressing these issues and send it to me with all
attachments in PDF format. Please call me if you have any questions in this regard..
Please do not spend more than 3 hours on this assignment before checking back.
Stirling, thank you for assistance.
This memorandum is being sent without m,y revievv to expedite your efforts in this
regard.
. /ebg
N:ISGH113153-1lmemo~sec-011-sgh-07-07-D6 doc
•
•
JONES
FOSTER
JOHNSTC~N
~ STt,1BBS, P.A.
Attorneys and Counselors
Memo
To: Scott G. Hawkins, Esquire
From: Stirling E, Clarke
Date: July 7, 2006
Subject: Annexation
Village of Tequesta
Our File No. 13153.1
I. Issue:
Should the Village annex the American Legion property and allow the American Legion
club to continue to operate in the current manner when such operations include the
operation of a penny arcade?
II. Short Answer:
Yes, the Village may allow the continued use of the American Legion penny arcade.
III. Discussion:
A. Village Ordinance
Section 171.062(1), Fla. Stat., provides:
An area annexed to a municipality shall be subject to all
laws ordinances, and regulations in force in that municioality
and shall be entitled to the same privileges and benefiits as
other parts of that municipality upon the effective date of the
annexation.
While there is no case law regarding this provision, it is clear that the Village's
ordinances would apply to the annexed property as of the date of annexation.
July 10, 2006
Page 2
Therefore, the American Legion penny arcade would be subject to the ordinance
recently passed by the Village regarding adult arcades.
Adult arcades that are operated in accordance with Chapter 849, Fla. Stat.,, are
permitted under Village Ordinance No. 600. However, the ordinance provides certain
restrictions on the operation of adult arcades, For example, the ordinance provides that
no new adult arcades may be located within 2,500 feet of residential zoning districts,
other adult arcades, schools or day care facilities, churches, libraries, alcoholic
beverage establishments or public parks. See Ord. Sec. 2(b). Because the American
Legion arcade is not "new" and has been in existence for some time, this provision
would not apply.
Other operational requirements such as restrictions on hours of operation, age limits,
prohibition of alcoholic beverages, and limitation on prize amounts would apply
however. See Ord.. Sec. 2(c).. The American Legion club will need to comply with these
regulations if not already currently in compliance.
B. Charitable Organization Exemption
There is a charitable organization exemption in the Village's ordinance. Section 2
provides:
This regulation shall not apply to bona fide charitable
organizations that have been awarded Section 501(c)(3)
status under the Internal Revenue Code of fhe United
States, and which may operate five (5) or fewer games of
amusement. chance or skill on their premises.
I believe all veterans' organizations qualify as bona fide charitable organizations. If the
American Legion is atax-exempt charity, and operates fewer than 5 games in the penny
arcade, then the regulations in this Ordinance would not be applicable to the club,
Chapter 849, Fla. Stat., also contains exemptions for "charitable, nonprofit, or veterans'
organizations" which have qualified for exemption from federal income tax as an exempt
organization sander the provisions of 501(c) of the Internal Revenue Code and which has
been in existence for a period of 3 years or more- See, e.g, bingo exemption in §
849.0931(1)(c).
C. Grandfathered Use
The Village Code allows for the continuation of lawful non-conforming, or
"grandfathered" uses. Section 78-91 of the Code provides:
C
July 10, 2006
Page 3
The lawful use of any building, structure or land existing at
the time of the adoption of the ordinance from which this
chapter is derived may be continued although such use does
not conform to the provisions thereof; provided, however, the
conditions in this article are met..
Because the Village Code does not become effective on annexed properties until the
date of annexation, the American Legion penny arcade would be considered a
grandfathered use because its operation existed prior to the effective date of the Village
Code as to the American Legion annexation. As long as the American Legion does not
abandon, discontinue, or attempt to enlarge its penny arcade operation, it may contintae
its current operation.. See Sec. 78-94; 78-95; 78-96; 78-97.
N:1SGH113153-11ResearchlAdultArcade Ordinancelmemo-annexation-001-sec.doc
•
Subj: FW: Annexation of American Legion property
Date: 8/8/2006 3:10:10 PM Eastern Standard Time
From:
To:
From: Clarke, Stirling E. [mailto:sclarke@jones-foster.comJ
Sent: Tuesday, August 08, 2006 12:49 PM
To: mcouzzo@tequesta.org
Cc: Scott Hawkins
Subject: Annexation of American Legion property
Mr. Couzzo,
Per your request, Scott asked me to follow up with you regarding whether the Petition for Voluntary Annexation
should include special language pertaining to the ongoing operation of the American Legion's penny arcade.
Because the Petition is merely a procedural mechanism for initiating annexation under the Florida Statutes, §
171.044,
there is no need to include any language other than that required by statute. The statute only requires the petition
to demonstrate that the signers of the petition are in fact the owners of the property to be annexed and that the
property is located within an unincorporated area that is contiguous to the Village and reasonably compact.
In addition, while it is true that the annexed property will be subject to all laws and ordinances of the Village, the
Village permits the operation of penny arcades subject to certain regulations. The American Legion can continue
Its current operation. The petition need not address this.
I have attached a copy of the memo I previously drafted on penny arcades, the draft petition and the statute for
your review.
Please call me if you have any questions. Thanks,
«memo-annexation-001-sec.doc» «Petition.doc» «statute.ORD.pdf»
Stirling E. Clarke, Esq.
Jones, Foster, Johnston & Stubbs, P,A.
Flagler Center Tower, Suite 1100
505 South Flagler Drtve
West Palm Beach, FL 33401
Direct: (561) 650-0441
Facsimile: (561) 650-0412
scla rke(~jones-foster_com
The information contained in this a-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message
and its attachments maybe an attorney-client communication and, as such, is privileged and confidential. If the reader of this message is not the
intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received tfiis document in
error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error,
please notify us immediately by a-mail, and delete the original message.
Wednesday, August 09, 2006 America Online: JRH33469
rage 1 of 1
Anne Koch
From: Clarke, Stirling E. (sclarke@jones-foster com]
"ent: Thursday, August 10, 2006 2 46 PM
~ o: akoch@tequesta org
Subject: FW: Village of Tequesta -Voluntary Annexation
Here is the second email for the Mayor, thanks
From: Clarke, Stirling E.
Sent: Tuesday, July 18, 2006 11;48 AM
To: 'mcouzzo@tequesta.org'
Cc: Scott Hawkins
Subject: Village of Tequesta -Voluntary Annexation
I have looked into the next steps to take regarding the annexation of the American Legion property. First, a petition needs to
be signed by all owners of the American Legion property requesting that the property be annexed by the Village. I have
attached a draft petition for your review, which we could use to this effect.
Second, the Village must publish a Notice of Annexation at least once per week for 2 consecutive weeks in some newspaper of
the Village of Tequesta. The published notice must give the ordinance number, and a brief general description of the area
proposed to be annexed. The description shall include a map clearly showing the area and a statement that the complete legal
description by metes and bounds and the ordinance can both be obtained from the office of the Village clerk.
Third, the ordinance must then be passed at any regular meeting of the Village Council. I have attached a draft ordinance here
our review. When the ordinance is finalized, we will need to attach as exhibits or incorporate into the ordinance a map and
mplete legal description of the annexed area by metes and bounds. For now, I have referred to these as Exhibits A and B
~e draft ordinance.
Also attached for your review is the statute with the requirements for voluntary annexation.
Please call me if you have any concerns or questions. Thanks,
Stirling E. Clarke, Esq.
Jones, Foster, Johnston 8 Stubbs, P.A.
505 South Flagler Drive
West Palm Beach, FL 33401
DID (561)-650-0441
Fax (561)-650-0412
sc_larkeG%jones-Lister com
~2+~~~ .'ones- fo ster,co~ n
-._ _.J __ - ...... - ._...
The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message and its
attachments may be an attorney-client communication and, as such, is privileged and confidential. If the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination,
distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the
original message.
•
8/10/2006
Statutes & Constitution :View Statutes :->2005->Ch0849->Section 161 : Online Sunshine
Select Year: 2005 - Go
The 2005 Florida Statutes
Title XLVI Chdpt~849
CRIMES GAMBLING
View En,tir~ Chapter
849.161 Amusement games or machines; when chapter inapplicable.--
Page 1 of 2
(1)(a) t. Nothing contained in this chapter shall be taken or construed as applicable to an arcade
amusement center having amusement games or machines which operate by means of the insertion of a
coin and which by application of skill may entitle the person playing or operating the game or machine
to receive points or coupons which may be exchanged for merchandise only, excluding cash and
alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such
points or coupons does not exceed 75 cents on any game played.
~2. Nothing contained in this chapter shall be taken or construed as applicable to any retail dealer who
operates as a truck stop, as defined in chapter 336 and which operates a minimum of 6 functional diesel
fuel pumps, having amusement games or machines which operate by means of the insertion of a coin or
other currency and which by application of skill may entitle the person playing or operating the game or
machine to receive points or coupons which may be exchanged for merchandise limited to noncash
prizes, toys, novelties, and Florida Lottery products, excluding alcoholic beverages, provided the cost
value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75
cents on any game played, This subparagraph applies only to games and machines which are operated
for the entertainment of the general public and tourists as bona fide amusement games or machines.
This subsection shall not apply, however, to any game or device defined as a gambling device in z24
U.S.C, s. 1171, which requires identification of each device by permanently affixing seriatim numbering
and name, trade name, and date of manufacture under s. 1173, and registration with the United States
Attorney General, unless excluded from applicability of the chapter under s. 1178. This subsection shall
not be construed to authorize video poker games or any other game or machine that may be construed
as a gambling device under Florida law.
~(b) Nothing in this subsection shalt be taken or construed as applicable to acoin-operated game or
device designed and manufactured only for bona fide amusement purposes which game or device may by
application of skill entitle the player to replay the game or device at no additional cost, if the game or
device: can accumulate and react to no more than 15 free replays; can be discharged of accumulated
free replays only by reactivating the game or device for one additional play for such accumulated free
replay; can make no permanent record, directly or indirectly, of free replays; and is not classified by
the United States as a gambling device in Z24 U.S.C. s. 1171, which requires identification of each
device by permanently affixing seriatim numbering and name, trade name, and date of manufacture
under s. 1 173, and registration with the United States Attorney General, unless excluded from
applicability of the chapter under s. 1 178. This subsection shall not be construed to authorize video
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statutes & Constitution :View Statutes :->2005->Ch0849->Section l61 : Online Sunshine Page 2 oft
• poker games, or any other game or machine that may be construed as a gambling device under Florida
law.
(2) The term "arcade amusement center" as used in this section means a place of business having at
least 50 coin-operated amusement games or machines on premises which are operated for the
entertainment of the general public and tourists as a bona fide amusement facility.
Fiistory.-•s. 3, ch. 84-247; s. 159, ch. 96-320; ss. 69, 79, ch. 96-323.
Note,-•As amended by s. 159, ch. 96.320, and s. 79, ch. 96.323. For a description of multiple provisions
in the same session affecting a statutory provision, see preface to the F(orido Statutes, "Statutory
Construction." Subparagraph (t)(a)Z. and paragraph {1)(b) were also amended by s. 69, ch. 96-323, and
that version reads:
Z. Nothing contained in this chapter shall be taken or construed as applicable to any retail dealer who
operates as a truck stop, as defined in chapter 336, having amusement games or machines which
operate by means of the insertion of a coin or other currency and which by application of skill may
entitle the person playing or operating the game or machine to receive points or coupons which may be
exchanged for merchandise limited to noncash prizes, toys, novelties, and Florida Lottery products,
excluding alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange
for such points or coupons does not exceed 75 cents on any game played. This subparagraph applies only
to games and machines which are operated for the entertainment of the general public and tourists as
bona fide amusement games or machines. This subsection shall not apply, however, to any game or
device classified by the lJnited States as requiring a federal gaming stamp under applicable provisions of
the Internal Revenue Code.
(b) Nothing in this subsection shall be taken or construed as applicable to acoin-operated game or
device designed and manufactured only for bona fide amusement purposes which game or device may by
application of skill entitle the player to replay the game or device at no additional cost, if the game or
device: can accumulate and react to no more than 15 free replays; can be discharged of accumulated
free replays only by reactivating the game or device for one additional play for such accumulated free
replay; can make no permanent record, directly or indirectly, of free replays; and is not classified by
the United States as requiring a federal gambling tax stamp under applicable provisions of the Internal
Revenue Code,
zNote.--Title 24 of the United States Code relates to hospitals and asylums; chapter Z4 of Title 15 of the
United States Code relates to transportation of gambling devices,
Copyright m 1995-200b The Florida Legislature • Pri_vacy_Statement • Contact Us
http://www.leg.state.fl.us/statutes/index. cfm?App_mode=Display_Statute&Search_String=,.. 7/7/2006
Statutes & Constitution :View Statutes :->2005->Ch0849->Section 0931 : Online Sunshine Page I of 5
•
Select Year: 2005 '~ GO
•
L~
The 2005 Florida Statutes
Title X~VI Chapter 849
CRIMES GAMBLING
View E. tir hapter
849.0931 Bingo authorized; conditions for conduct; permitted uses of proceeds; limitations.--
(1) As used in this section:
(a) "Bingo game" means and refers to the activity, commonly known as "bingo," in which participants
pay a sum of money for the use of one or more bingo cards. When the game commences, numbers are
drawn by chance, one by one, and announced. The players cover or mark those numbers on the bingo
cards which they have purchased until a player receives a given order of numbers in sequence that has
been preannounced for that particular game. This player calls out "bingo" and is declared the winner of
a predetermined prize. More than one game may be played upon a bingo card, and numbers called for
one game maybe used for a succeeding game or games,
(b) "Bingo card" means and refers to the flat piece of paper or thin pasteboard employed by players
engaged in the game of bingo. The bingo card shall have not fewer than 24 playing numbers printed on
it, These playing numbers shall range from 1 through 75, inclusive. More than one set of bingo numbers
may be printed on any single piece of paper.
(c) "Charitable, nonprofit, or veterans' organization" means an organization which has qualified for
exemption from federal income tax as an exempt organization under the provisions of s. 501(c) of the
Internal Revenue Code of i 954 or s. 528 of the Internal Revenue Code of 1986, as amended; which is
engaged in charitable, civic, community, benevolent, religious, or scholastic works or other similar
activities; and which has been in existence and active for a period of 3 years or more.
(dj "Objects" means a set of 75 balls or other precision shapes that are imprinted with letters and
numbers in such a way that numbers 1 through 15 are marked with the letter "B," numbers 16 through 30
are marked with the letter "I," numbers 31 through 45 are marked with the letter "N," numbers 46
through 60 are marked with the letter "G," and numbers 61 through 75 are marked with the letter "O."
(e) "Rack" means the container in which the objects are placed after being drawn and announced.
(f) 'Receptacle' means the container from which the objects are drawn or ejected.
(g} "Session" means a designated set of games played in a day or part of a day.
{2)(a) None of the provisions of this chapter shall be construed to prohibit or prevent charitable,
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Statutes & Constitution :View Statutes :->2005->Ch0849->Section 0931 : Online Sunshine Page 2 of 5
. nonprofit, or veterans' organizations engaged in charitable, civic, community, benevolent, religious, or
scholastic works or other similar endeavors, which organizations have been in existence and active for a
period of 3 years or more, from conducting bingo games, provided the entire proceeds derived from the
conduct of such games, less actual business expenses for articles designed for and essential to the
operation, conduct, and playing of bingo, are donated by such organizations to the endeavors mentioned
above. In no case may the net proceeds from the conduct of such games be used for any other purpose
whatsoever, The proceeds derived from the conduct of bingo games shall not be considered solicitation
of public donations.
(b) It is the express intent of the Legislature that no charitable, nonprofit, or veterans' organization
serve as a sponsor of a bingo game conducted by another, but such organization may only be directly
involved in the conduct of such a game as provided in this act.
(3) If an organization is not engaged in efforts of the type set out above, its right to conduct bingo
games hereunder is conditioned upon the return of all the proceeds from such games to the players in
the form of prizes. If at the conclusion of play on any day during which a bingo game is allowed to be
played under this section there remain proceeds which have not been paid out as prizes, the
organization conducting the game shall at the next scheduled day of play conduct bingo games without
any charge to the players and shalt continue to do so until the proceeds carried over from the previous
days played have been exhausted. This provision in no way extends the limitation on the number of
prize or jackpot games allowed in one day as provided for in subsection (5).
(4) The right of a condominium association, a cooperative association, a homeowners' association as
defined in s. X0.301_, a mobile home owners' association, a group of residents of a mobile home park as
defined in chapter 723, or a group of residents of a mobile home park or recreational vehicle park as
defined in chapter 513 to conduct bingo is conditioned upon the return of the net proceeds from such
games to players in the form of prizes after having deducted the actual business expenses for such
games for articles designed for and essential to the operation, conduct, and playing of bingo. Any net
proceeds remaining after paying prizes may be donated by the association to a charitable, nonprofit, or
veterans' organization which is exempt from federal income tax under the provisions of s. 501(c) of the
Internal Revenue Code to be used in such recipient organization's charitable, civic, community,
benevolent, religious, or scholastic works or similar activities or, in the alternative, such remaining
proceeds shall be used as specified in subsection (3).
(5) 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.
(6) The number of days per week during which organizations authorized hereunder may conduct bingo
may not exceed two.
(7) There shall be no more than three jackpots on any one day of play. Ali other game prizes shalt not
exceed $50.
• (8) Each person involved in the conduct of any bingo game must be a resident of the community where
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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. When bingo games are conducted by a
charitable, nonprofit, or veterans' organization, the organization conducting the bingo games shad be
required to designate up to three members of that organization to be in charge of the games, one of
whom shall be present during the entire session at which the bingo games are conducted. The
organization conducting the bingo games is responsible for posting a notice, which notice states the
name of the organization and the designated member or members, in a conspicuous place on the
premises at which the session is held. In no event may a caller in a bingo game be a participant in that
bingo game.
{9) Every charitable, nonprofit, or veterans' organization involved in the conduct of a bingo game must
be located in the county, or within a 15•mile radius of, where the bingo game is located.
{10)(a) No one under 18 years of age shall be allowed to play any bingo game or be involved in the
conduct of a bingo game in any way.
(b) Any organization conducting bingo open to the public may refuse entry to any person who is
objectionable or undesirable to the sponsoring organization, but such refusal of entry shall not be on the
basis of race, creed, color, religion, sex, national origin, marital status, or physical handicap.
(11) Bingo games may be held only on the following premises:
(a) Property owned by the charitable, nonprofit, or veterans' organization.
(b) Property owned by the charitable, nonprofit, or veterans' organization that will benefit by the
proceeds.
{c) Property leased for a period of not less than 1 year by a charitable, nonprofit, or veterans'
organization, providing the lease or rental agreement does not provide for the payment of a percentage
of the proceeds generated at such premises to the lessor or any other party and providing the rental
rate for such premises does not exceed the rental rates charged for similar premises in the same locate.
(d) Property owned by a municipality or a county when the governing authority has, by appropriate
ordinance or resolution, specifically authorized the use of such property for the conduct of such games.
(e) With respect to bingo games conducted by a condominium association, a cooperative association, a
homeowners' association as defined in s. Z.~Q_3g1, a mobile home owners' association, a group of
residents of a mobile home park as defined in chapter 723, or a group of residents of a mobile home
park or recreational vehicle park as defined in chapter 513, property owned by the association, property
owned by the residents of the mobile home park or recreational vehicle park, or property which is a
common area located within the condominium, mobile home park, or recreational vehicle park.
{12) Each bingo game shall be conducted in accordance with the following rules:
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• {a) The objects, whether drawn or ejected, shall be essentially equal as to size, shape, weight, and
balance and as to all other characteristics that may control their selection from the receptacle. The
caller shall cancel any game if, during the course of a game, the mechanism used in the drawing or
ejection of objects becomes jammed in such a manner as to interfere with the accurate determination
of the next number to be announced or if the caller determines that more than one object is labeled
with the same number or that there is a number to be drawn without a corresponding object. Any playe
in a game canceled pursuant to this paragraph shall be permitted to play the next game free of charge,
(b) Prior to commencement of any bingo session, the member in charge shalt cause a verification to be
made of all objects to be placed in the receptacle and shall inspect the objects in the presence of a
disinterested person to ensure that all objects are present and that there are no duplications or
omissions of numbers on the objects. Any player shall be entitled to call for a verification of numbers
before, during, and after a session.
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(c) The card or sheet on which the game is played shall be part of a deck, group, or series, no two of
which may be alike in any given game.
(d) All numbers shall be visibly displayed after being drawn and before being placed in the rack.
(e) A bona fide bingo shall consist of a predesignated arrangement of numbers on a card or sheet that
correspond with the numbers on the objects drawn from the receptacle and announced. Errors in
numbers announced or misplaced in the rack may not be recognized as a bingo.
(f) When a caller has started to vocally announce a number, the caller shall com fete the call. If an
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player has obtained a bingo on a previous number, such player v~ill share the prize with the player who
gained bingo on the last number called.
(g) Numbers on the winning cards or sheets shall be announced and verified in the presence of another
player, Any player shall be entitled at the time the winner is determined to call for a verification of
numbers drawn. The verification shall be in the presence of the member designated to be in charge of
the occasion or, if such person is also the caller, in the presence of an officer of the licensee.
(h) Upon determining a winner, the caller shall ask, "Are there any other winners?" if no one replies, the
caller shall declare the game closed. No other player is entitled to share the prize unless she or he has
declared a bingo prior to this announcement,
(i) Seats may not be held or reserved by an organization or person involved in the conduct of any bingo
game for players not present, nor may any cards be set aside, held, or reserved from one session to
another for any player.
(13) Any organization or other person who willfully and knowingly violates any provision of this section
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775_~8Z 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.
http;//www.leg.state.fl.us/statutes/index.cfin?App_mode=Display_Statute&Search String=.,. 7/7/2006
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