Florida Statute 849.0931 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 849
GAMBLING

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F.S. 849.0931

849.0931 Bingo authorized; conditions for conduct; permitted uses of proceeds; limitations.—

(1) As used in this section:

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

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

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

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

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

1. The game name.

2. The manufacturer’s name or distinctive logo.

3. The form number.

4. The ticket count.

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

6. The cost per play.

7. The game serial number.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Date of sale.

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

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

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

5. Price of each deal sold.

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

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

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

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

F.S. 849.0931 on Google Scholar

F.S. 849.0931 on Casetext

Amendments to 849.0931

Arrestable Offenses / Crimes under Fla. Stat. 849.0931

Level: Degree
Misdemeanor/Felony: First/Second/Third

S849.0931 - GAMBLING - BINGO REGULATIONS SUBSQ VIOL - F: T

S849.0931 - GAMBLING - BINGO REGULATIONS 1ST VIOL - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 849.0931

Total Results: 20

In Re: Standard Jury Instructions in Criminal Cases - Report 2019-05

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla. Stat., or in § 849.161…if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla. Stats., might apply. …1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla. Stat., § 849.0935, Fla. Stat., or in § 849.161…if an exception, such as §§ 849.09(1), 849.092, 849.0931, or 849.0935, Fla. Stats., might apply. …1), Fla. Stat., in § 849.092, Fla. Stat., in § 849.0931, Fla. Stat., or in § 849.0935, Fla. Stat., or

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-10.

Court: Fla. | Date Filed: 2018-12-13T00:00:00-08:00

Citation: 259 So. 3d 765

Snippet: 849.09(1), Fla. Stat., in § 849.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla. Stat., or in §

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

Court: Fla. | Date Filed: 2015-10-08T00:00:00-07:00

Citation: 176 So. 3d 938, 2015 WL 5853925

Snippet: 819.09(1), Fla. Stat., in § 84,9.092, Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla. Stat., or in § 849.161…Fla.— Stat.L in § 849.092, Fla. Stat., § 849.0931, Fla, Stat., er-§ 849.0935, Fla. Stat., or in

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2013-07

Court: Fla. | Date Filed: 2014-07-10T00:00:00-07:00

Citation: 143 So. 3d 893, 2014 WL 3361905

Snippet: 84.9.09(1), Fla.Stat., in § 849.092 Fla. Stat., § 849.0931, Fla. Stat., § 849.0935, Fla. Stat, or in § 849.161

Campbell v. Racetrack Bingo, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-17T00:00:00-07:00

Citation: 75 So. 3d 321, 2011 Fla. App. LEXIS 16267, 2011 WL 4905744

Snippet: in violation of several provisions of section 849.0931, Florida Statutes. The trial court surmised that…other persons were guilty of violating section 849.0931 (the bingo statute) was not before the court in… a violation of gambling laws, such as section 849.0931, is not per se “used, in violation of’ the FCFA… “used” to carry out the violations of section 849.0931. Whether such “use” occurred is a fact question…have violated the bingo regulations in section 849.0931, Florida Statutes does not automatically establish

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Court: Fla. Att'y Gen. | Date Filed: 2011-07-19T00:53:00-07:00

Snippet: machines do not fall within the terms of section 849.0931, Florida Statutes, which authorizes certain nonprofit…Sandra L. Murman, dated October 6, 2003. 9 See s. 849.0931, Fla. Stat., authorizing a charitable, nonprofit

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Court: Fla. Att'y Gen. | Date Filed: 2008-07-08T00:53:00-07:00

Snippet: Legislature." 7 Section 849.0931(2)(a), Fla. Stat. And see s. 849.0931(1)(c), Fla. Stat., defining…substantially the following questions: 1. Does section 849.0931, Florida Statutes, as amended by Chapter 2007-… of section 849.01, Florida Statutes.5 Section 849.0931, Florida Statutes, removes bingo from the scope…statutorily defined limits. The effect of section 849.0931, Florida Statutes, is merely to eliminate bingo…prizes.8 In 2007, the Legislature amended section 849.0931, Florida Statutes, to authorize "instant

Bradenton Group, Inc. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-08T23:53:00-08:00

Citation: 970 So. 2d 403

Snippet: , which violated various provisions of section 849.0931, Florida Statutes (1991) (the "Bingo Statute…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…including those specifically set out in Section 849.0931, Fla. Stat., do not and cannot form the basis …the other gambling laws in Chapter 849. Section 849.0931 pre-empts and supersedes the filing of criminal

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Court: Fla. Att'y Gen. | Date Filed: 2007-11-06T23:53:00-08:00

Snippet: apply to bingo games conducted pursuant to s. 849.0931." As discussed above, the machine or device

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Court: Fla. Att'y Gen. | Date Filed: 2006-03-20T23:53:00-08:00

Snippet: such games, with specific reservations. Section 849.0931, Florida Statutes, authorizes certain charitable…municipal property for conducting bingo games, section 849.0931(11), Florida Statutes, states: "(d) Property….J.S. Municipal Corporations s. 1809. 6 See s. 849.0931(1)(a), Fla. Stat., defining "bingo game"…organization" for purposes of that section. Section 849.0931(4), Fla. Stat., provides authorization for homeowners

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Court: Fla. Att'y Gen. | Date Filed: 2004-12-09T23:53:00-08:00

Snippet: to section 849.0935, Florida Statutes. Section 849.0931, Florida Statutes, relating to bingo games, however…)(6) and meeting the other criteria of section 849.0931, Florida Statutes, would be authorized to conduct…drawings by chance, but may pursuant to section 849.0931, Florida Statutes, conduct bingo games, provided…State, 335 So.2d 815, 817 (Fla. 1976). 5 See s. 849.0931(1)(c), Fla. Stat. Florida Attorney General

3B TV, INC. v. State, Office of Atty. Gen.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-24T00:53:00-07:00

Citation: 794 So. 2d 744

Snippet: alleging a violation of the bingo statute, section 849.0931, Florida Statutes. As a result, for the reasons… operation of a bingo game contrary to section 849.0931, Florida Statutes. The State alleged further that…Fla. 5th DCA 1997) (Bradenton I), that section 849.0931 does not apply to 3B TV's broadcasts. The …that 3B TV violated the bingo statute, section 849.0931, Florida Statutes (1997), when it broadcast and…punishable under the lottery or RICO statute. Section 849.0931(13) provides penalties for violations of the bingo

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Court: Fla. Att'y Gen. | Date Filed: 2000-05-16T00:53:00-07:00

Snippet: organizations is legal under section 849.0931, Florida Statutes. Section 849.0931(2)(a), Florida Statutes, provides…849.08, Fla. Stat. 5 Section 849.0931(2)(a), Fla. Stat. And see, s.849.0931(1)(c), Fla. Stat., defining…of 3 years or more. 6 Section 849.0931(3), Fla. Stat. 7 Section 849.0931(4), Fla. Stat., also authorizes…following questions: 1. Is it a violation of section 849.0931, Florida Statutes, for a charitable, nonprofit… organization? 2. Is it a violation of section 849.0931, Florida Statutes, for a charitable, nonprofit

DEPT. of LEGAL AFFAIRS v. Bradenton Group

Court: Fla. | Date Filed: 1998-09-24T00:53:00-07:00

Citation: 727 So. 2d 199

Snippet: subsections 849.0931(5) through (12) and are subject to the sanctions under subsection 849.0931(13) for violating…BY AN ORGANIZATION NOT AUTHORIZED UNDER SECTION 849.0931, FLORIDA STATUTES, OR CONDUCTED BY AN AUTHORIZED…AUTHORIZED ORGANIZATION IN VIOLATION OF SECTIONS 849.0931(5)-(12), FLORIDA STATUTES, CONSTITUTES A "LOTTERY…veterans organizations" as defined in Section 849.0931(1)(c), Florida Statutes. b. Jackpots were awarded…awarded which exceeded $250, in violation of Section 849.0931(5), Florida Statutes. c. Bingo games were conducted

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Court: Fla. Att'y Gen. | Date Filed: 1998-02-04T23:53:00-08:00

Snippet: to apply to bingo games conducted pursuant to s.849.0931." As discussed above, the machine or device

Bradenton Group, Inc. v. Dept. of Legal Affairs

Court: Fla. Dist. Ct. App. | Date Filed: 1997-10-03T00:53:00-07:00

Citation: 701 So. 2d 1170

Snippet: ;the lottery statute"], *1172 and section 849.0931 ("the bingo statute"). For the reasons… that violations of the bingo statute, section 849.0931, Florida Statutes, cannot be "racketeering…veterans organizations" as defined in Section 849.0931(1)(c), Florida Statutes. b. Jackpots were awarded…awarded which exceeded $250, in violation of Section 849.0931(5), Florida Statutes. c. Bingo games were conducted…than two days per week, in violation of Section 849.0931(6), Florida Statutes. d. More than three jackpots

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Court: Fla. Att'y Gen. | Date Filed: 1997-09-10T00:53:00-07:00

Snippet: therein. See, s. 849.0931(4), Fla. Stat. 3 Section 849.0931(11), Fla. Stat. 4 Section 849.0931(9), Fla. Stat…games open to the public? 3. Pursuant to section 849.0931, Florida Statutes, must all bingo balls or similar…social quarters of the organization. 2. Section 849.0931, Florida Statutes, would allow a charitable, nonprofit…and 5. Bingo proceeds may, pursuant to section 849.0931(11)(c), Florida Statutes, be used to pay certain…#39; organizations within the scope of section 849.0931(1)(c), Florida Statutes.1 Question One Section

FYI Adventures, Inc. v. City of Ocala

Court: Fla. Dist. Ct. App. | Date Filed: 1997-08-01T00:53:00-07:00

Citation: 698 So. 2d 583

Snippet: because it was in conflict with state law, section 849.0931,[2] and on various constitutional grounds. F.Y.I…provisions that parallel the provisions of section 849.0931, and some that go beyond the statute's requirements… conduct bingo games without violating section 849.0931. In that case, the third district upheld the County…concur. NOTES [1] Ordinance No. 2474. [2] Section 849.0931 permits certain charitable organizations to conduct

Beasley Broadcasting, Inc. v. Department of State, Division of Licensing

Court: Fla. Dist. Ct. App. | Date Filed: 1997-05-07T00:00:00-07:00

Citation: 693 So. 2d 668, 1997 Fla. App. LEXIS 4909, 1997 WL 227507

Snippet: apply to bingo games conducted pursuant to s. 849.0931. Section 849.094(l)(b) defines an “operator” as

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Court: Fla. Att'y Gen. | Date Filed: 1996-03-03T23:53:00-08:00

Snippet: the following questions: 1. Pursuant to section 849.0931(12)(g), Florida Statutes, must the winning bingo…in the winning pattern? 2. Pursuant to section 849.0931(12)(g), Florida Statutes, can the winning bingo…announcing the winning numbers? In sum: 1. Section 849.0931(12)(g), Florida Statutes, requires the vocal announcement…numbers in the winning pattern. 2. While section 849.0931(12), Florida Statutes, requires that a vocal announcement…terms of section849.01, Florida Statutes.1 Section 849.0931, Florida Statutes, removes bingo from the scope