The Board of County Commissioners of Brevard County, Florida, met in Special Session on May 25, 1995, at 5:03 p.m. in the Government Center Board Room, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook and Scott Ellis, Assistant County Manager Dean Sprague, and County Attorney Scott Knox.

Commissioner Cook led the assembly in the Pledge of Allegiance.

ACKNOWLEDGE, RE: CITY OF CAPE CANAVERAL'S SUPPORT FOR BINGO ORDINANCE

Commissioner O'Brien read a letter from the City of Cape Canaveral stating it supports the efforts of the Brevard County Board of County Commissioners to enact legislation that will provide for the effective enforcement of bingo games to ensure the proceeds from said games pass to the hands of groups, organizations and associations in the manner and for the purposes set forth in Florida Statutes. He stated it was faxed to him from the City this afternoon and signed by the City Manager.

PUBLIC HEARING, RE: ORDINANCE REGULATING BINGO

Chairman Higgs advised the public on the proper procedure for addressing the Board on the bingo ordinance, the time limit that will be imposed, and the lights regulating the time; and called for the public hearing to consider an ordinance regulating bingo.

Chairman Higgs advised at each hearing on the bingo issue, she asked if she has a conflict of interest in voting on the matter because her children attend a school that receives proceeds from bingo. County Attorney Scott Knox advised Chairman Higgs does not have a conflict. Chairman Higgs read a portion of a letter she received from the Commission on Ethics stating that based on what was requested, which was that she had children who attended a private school that received proceeds from bingo would she have a voting conflict, it stated, "Section 112.3143(3)(a) of Florida Statutes, the portion of the voting conflicts law applicable to elected local public officers, provides in part that a local public officer cannot vote on any measure which would inure to his special private gain or loss or to the special private gain or loss of a relative. In this instance, any gain or loss resulting from this measure would appear to be too remote and speculative to constitute "special gain" requiring you to abstain from voting." She submitted the letter for the record. Chairman Higgs inquired if she asked to abstain from voting, could she do that; with Mr. Knox responding no, Florida's law requires her to vote. Chairman Higgs inquired since she was told by the Ethics Commission that she did not have a conflict, is she required to vote; with Mr. Knox responding yes.

Thomas Sobers, 1583 Commodore Boulevard, Melbourne, representing Brevard County Bingo Association and Chairman of Assembly Church Bingo, advised state law does not state charitable bingo or commercial bingo has to make any type of reports on the monies donated to charity, so they can donate whatever they desire; several charitable organizations that came before the Board only received a meager amount of money from bingo proceeds; and the bingos were run by the commercial people who gave them whatever they saw fit as their part of the proceeds from a bingo session. He stated if the ordinance is passed, bingos that were forced to fold up when commercial bingo first influxed into Brevard County will come back and open their doors, such as some DAV's, American Legions, Leisure of the Blind, etc. Mr. Sobers stated it is not true that there will be no place to play bingo because commercial halls will close; there will be bingo going on seven days a week by more charitable organizations; and they will have a choice where they want to go and who they want to sponsor. He stated Tennessee had the same problem Brevard County is facing; it abolished bingo in the state; so the people who play bingo and love bingo better think twice, because if it is too much of a nuisance, it probably will end up like Tennessee.

Adrin Weedel, 1325 Heritage Acres Boulevard, Rockledge, advised, as a taxpayer and concerned citizen, she would like to request, in the name of charity, that the Board table the ordinance limiting commercial bingos that operate for charity purposes to two days per week. She stated she volunteers for numerous charities in Brevard County and worked with the Red Cross in Europe and the United States, and heard stories of destitute families and the homeless; and gave an example of a mother with a four-year old child who came in for assistance for rent and the child asking if they would be given food also because they did not have any. She stated if the ordinance is passed, it will cut aid to families for food, utilities, and rent that commercial halls like Rockledge Bingo helps to provide; layoffs are coming; cities should be permitted to regulate their own businesses; and if the Sheriff has to enforce this law, taxes will go up. She stated the Sheriff is doing a good job taking drugs off the streets; and he will have to hire more people to enforce the ordinance. Ms. Weedel advised the Florida Statutes are full of loopholes on the bingo issue; and inquired if charities can support other charities and what are the limitations in the laws on commercial halls, organizations and churches on how many days a week they can operate. She stated many people feel the Commissioners' minds are made up and the ordinance will pass no matter what they do; she supports Rockledge Bingo because of the people who run it and what they have done for charities; her respect is to Commissioner Ellis who is the only member of the Board who has the charities at his best interest; and requested the Board concentrate on assisting law enforcement with stopping prostitution and lowering taxes, and leave the charity bingos alone so the money can go to help the needy. Ms. Weedel stated the ordinance would be a gross injustice to the taxpayers, the needy, and the commercial halls operating to assist the charities; the charities and people will pay dearly if the ordinance is passed; and the Board should remember the four-year old boy.

Commissioner Cook advised if the Sheriff has concerns about any ordinance the Board considers, such as the nudity ordinance, he has the ability to come and speak to the Board or send a representative, and in both cases, he has not done so.

Chairman Higgs advised there was a question about the state law limiting the number of days they can operate bingo; with Mr. Knox responding it is supposed to be two days a week.

Fauvette Starr, 30 Shelby Drive, Cocoa, advised she works part-time as a volunteer at the Sharing Center and knows about charity; she is a taxpayer of the County and registered active voter with a big mouth when it comes to who she likes; she is a bingo player because she cannot jog, golf, or do those types of activities due to her age and physical condition; and she is limited to bingo and looks forward to it. She stated she does not see why the Board wants to close it down; they have to pay for so many things, even taking out the trash, security to protect their cars, etc. that she does not see how they are making so much money; and the complaint that one bingo is making more money than the other is petty jealousy which does not constitute a reason for the Board to meet. She stated small games are for people who like small games; bingo players are not in hazardous or threatening positions; bingo does not cause disruption of neighborhoods; there are no laws broken at bingo games; there is no noise; they let out at a decent hour; and the only factor here is the suspicion of fraud. She stated since it is only suspicion, no punishment should be imposed; and implored the Board to use proper procedures and prove there is fraud by independently examining the books, with no influence from any bingo players, workers, or owners. Ms. Starr advised people are considered innocent until proven guilty; the players are not complaining and charities are not complaining; and it is the people who are not making money that are complaining. She stated she ran bingo in Pennsylvania for a senior citizens highrise; they did not make much money, but they did not have expenses; the commercial halls do a lot of good things and help a lot of people; and they are not stealing anything. She stated she counts how many people are playing, approximately what they are spending, and what the hall pays out; and she would not want to work on their books. She requested the Board not take away their bingo; they are quiet people; and to get rid of the half naked girls on the highways who are disruptive.

Terrie Bock, 1337 Forest Drive, Rockledge, representing Crippled Children's Aid Society, a nonprofit 501c.(3) organization that has operated in Brevard County since 1963, advised they raise money from donations and fund raising events to purchase orthopedic medically necessary equipment for children and adults; last year they assisted in raising $52,000 to purchase equipment; medical equipment is not cheap and will get higher; and the kind of insurance they have today is getting less and less in what it will cover and what it deems necessary. She stated there are a lot of people who cannot afford the equipment; she has been in that category before; she has a son who had cerebral palsy and she has two artificial legs; so she has been there and knows. Ms. Bock advised in 12 months they received $4,550 from Rockledge Bingo; that is a lot of money because their money only comes from donations and fund raisers; and 100% of the money goes back into the community to purchase the medical equipment. She stated none of their money is used for fund raisers; they cannot be a charity that can run its own bingo because of its by-laws that prohibits the use of money to generate other money; they purchase things such as touch talker computers for children who cannot speak and electric wheel chairs that can operate by the touch of a head; those things are not cheap; and most insurance companies will not pay for them. She stated the organization tries to get children up and out into the community; they have been around for a long time and plan to be around for a lot longer; all the members are volunteers; and several of the members work at the bingo hall for no pay. She noted they pride themselves on the fact that they do not spend their money foolishly and work hard to raise it; there are not many agencies like their agency; and since they cannot operate bingo, the ordinance would hurt the community.

Commissioner Cook stated Crippled Children's Aid Society does fine work in the community and does not receive any government funding which is incredible.

Willis Kirk, 1445 Honeybrook Circle, Melbourne, inquired if bingo will continue in Brevard County or will special interest groups such as the DAV, VFW and various churches be successful in their efforts to put the charity bingo lessors out of business, or will the real issues regarding bingo win out. He stated the real issues are that small charities have the right to raise money through bingo, but cannot afford their own facilities and have to rent facilities and equipment; the bingo players are voters; smaller charities are just as worthwhile as bigger charities and have the same right to earn revenue through bingo as do the DAV's, VFW's and various church groups; and big charities that have their own facilities are good charities that serve their communities well, just as the smaller charities do. He stated the leadership of the bigger charities that have their own facilities developed a philosophy that competition has kept bingo in total chaos and confusion, and by applying their political power to various politicians who would listen, their philosophy is to eliminate all competition and allow everyone to play bingo in their facilities under their terms and conditions; and the philosophy of small charities that have to rent facilities is that there are enough bingo players to support all the halls, and they will get their share of players by catering to the wants and needs of the bingo player. Mr. Kirk advised following the laws of the state, the smaller charities feel if anyone violates the bingo laws they should be dealt with accordingly whether they are small or big charities; they are for good laws that are fair and removal of the stigma that crooks are involved in bingo; they are for background checks, licensing, accountability for all charities; and they know everyone in bingo is not honest and should be dealt with accordingly. He stated a whole industry should not be put out of business because of a few; there are bad policemen, senators, councilmen, congressmen, etc., but that does not mean they are all bad and should be eliminated; and what the Board should do as intelligent servants of the public is to get rid of the bad and create a wonderful atmosphere for the charities that have a right to earn revenue through bingo and the bingo player. He requested the Board pass a fair bingo law that will allow everyone to play bingo in the halls of their choice and support the charities of their choice. He stated if page 33 of the ordinance was changed from two nights to four nights a week, everyone would calm down and could live with the ordinance.

Janie Burtoft, 346 Pine Avenue, Cocoa, advised she is a house wife, up in age, cannot get out and go much, and bingo is the only thing she goes to besides the doctor's office. She stated she goes to Rockledge Bingo where they make her feel at home; they are nice people; she has young friends that go to bingo and stay out of the bars; and they will not go anywhere except to Rockledge Bingo. She stated if the hall is closed, there will be quite a few people who will go to the bars and on the roads; they will not go to the churches because they feel they are not supposed to gamble in churches; and inquired what is the Board going to do about that. She stated she goes to several Church bingos and cannot see anything wrong with one organization having bingo six or seven nights a week; in Bartow there are two places having bingo seven days a week; and if it is against the state law, why is the state not enforcing it, and leave those places that help people stay out of bars and old people enjoy themselves alone. She stated she hopes the Commissioners do not get to where they cannot drive; she takes a taxi to Rockledge Bingo which is close to her house; and inquired why would the Board want to put the children back on the road drinking and driving and old people at home twiddling their fingers.

Greg Bonenberger, 795 New Hampton Way, Merritt Island, representing Crippled Children's Center which was changed to Physical Therapy Center, advised he is the secretary and on the Board of Trustees; the Center has been in existence since 1959, was incorporated in 1962, and during all this time has been responsible for providing physical therapy for children and adults regardless of ability to pay. He stated they are a nonprofit charitable organization that provides physical therapy by way of therapeutic exercises, a therapy pool, and different devices and medical equipment; the organization is able to continue mainly due to fund raisers and private contributions, and what little insurance is collected; however, most of the children and adults do not have insurance that covers physical therapy so what they cannot pay goes uncollected; so they rely on charities including Rockledge Bingo. Mr. Bonenberger advised Rockledge Bingo has been providing donations since October, 1993, and over the last 20 months has provided approximately $6,000 which is a lot of money to the Center; some sources they had for income have begun to dry up such as the United Way which has been cut drastically; the money they get from United Way has been spent this year and it is only at the end of May, so it is not enough; and the loss of revenue from Rockledge Bingo is going to be a big hit to the Center. He stated all the charities that benefit from bingo would be better served if the current laws could be enforced better; being a businessman he knows what it is like to compete; because he is in the medical field, he is competing against managed care and other things that tend to go against the independents; despite that he knows he has to compete and find ways to compete; and it seems bingos that are being threatened are not doing anything to try and compete. He stated he does not know about bingo operations, but large bingos have shown the way and others can take the same route and adopt additional charities or whatever it takes; but it is not appropriate to go to the government and say they cannot make it and need someone to help them. Mr. Bonenberger stated he came to speak on behalf of the Crippled Children's Center and to make sure the Board knows that the Center, as well as other charities, will be negatively impacted by the ordinance.

Juan Young, 1601 N.E. 25th Street, Ocala, representing FYI Adventures, Inc. that owns a charity bingo hall in Ocala, advised for the last 12 to 13 months he has put in the hands of charities about $110,000; during that time they had a few struggles primarily with bodies such as this Board creating legislation at the expense of the taxpayers to create a monopoly for some of the large organizations that have been involved in bingo since approximately 1972; and inquired if the creator of the ordinance, Mr. Knox, can give him three simple ways to bingo. He stated Chairman Higgs should recuse herself because she has children who attend Holy Name Catholic Church; with Chairman Higgs responding they attend Holy Name School. Mr. Young advised part of the proceeds from bingo go to the school; an average of 175 people play there per night two nights a week; the average player pays $27; the payoffs are estimated at $2,400; and the gross estimate is $2,325 per day or $4,650 per week. He stated based on a 50-week presentation, the revenues would be $232,500 per year which is a high number, so her vote is a conflict of interest. He stated the letter he received from Chairman Higgs' office says it is a request for an informal opinion; that is not an opinion from the Ethics Commission; it is an advisory opinion based on a description of the situation; so it has no binding in a court of law. He stated he is for background checks, state preemptions, state licensing, and state enforcement; he spent time in Tallahassee trying to compromise on the Healy bill which was presented to the Industry Regulated Committee; and when it looked like there was a group of people from all parts of the bingo industry to support that bill, the large state organizations gutted it,

stripped it, and struck their true colors in that they were not behind what they said they were behind. Mr. Young stated the whole issue is competition; what the Board is looking at is a big mistake; it is looking at the beginning of a charity war, taking of rights, and interference with commerce, contracts, and the free enterprise system which creates checks and balances, and telling the citizens it is afraid the free enterprise system will not work. He stated he learned that complexity and competition create fear for everyone; he learned that if he did not stand for something he would fall for anything; and he submits the Board has been misled, and the information that brought it to this table today was founded on incorrect statements and innuendo. He stated it will create a monopoly at the expense of the taxpayers and will bash small charities; every charity has a right to conduct bingo; and if some have to go to a leased hall to do that, so what. Commissioner O'Brien stated Mr. Young is from Ocala and inquired if he felt strong enough about the issue to travel all the way to Brevard County to make his opinion known; with Mr. Young responding yes, he has a lawsuit in which the City of Ocala has spent approximately $50,000; there is a conspiracy avenue in the lawsuit and several other satellite issues; and it is based upon what he calls the scheme which is the large organizations statewide that conspired to go from county to county and municipality to municipality to pass bingo laws. he stated in 1990 when the State passed a bingo law under veiled circumstances which had a lot of half truths in them, the bingo law was met by the constituents of Florida with a tremendous retaliation such that the phone lines in and out of the City of Tallahassee were shut down for three days, and legislators could not make phone calls in or out of the City. Commissioner O'Brien inquired if Mr. Young owned a bingo hall; with Mr. Young responding yes, and he announced that at the beginning. Commissioner O'Brien inquired if Mr. Young belonged to a charitable organization; with Mr. Young responding he belongs to several of them, the Lions, Alzheimer Foundation of Marion County, and he is a member of a group that is an off shoot of the Republican National Committee. Commissioner O'Brien inquired if Mr. Young is a president or on the board of directors of any charitable organization; with Mr. Young responding no, he is not a part of any 501c(3) group, but he owns an establishment that leases to charities. Commissioner O'Brien inquired if it is not for profit; with Mr. Young responding he charges rent unless they want to pay the $2,500 light bill and $6,000 rent and have the floors cleaned and pay $15,000 for air purification systems to take the smoke out of the air. Commissioner O'Brien inquired if Mr. Young owns more than one bingo hall or works for any association with bingo; with Mr. Young responding no. he stated he spent 21 years flying DC-9's; he is a DC-9 captain; he has also been in the construction business; and he was involved in building Searstown Mall on SR 520 in 1964.

Chairman Higgs inquired is there another form in which she could get an opinion that would be more valid than the one she received. Mr. Knox advised she could have asked for a formal opinion from the Ethics Commission, but that requires an action by the Commission itself; and when asked for an informal opinion, one gets an opinion from one of the staff attorneys who reviews the facts given and gives what he or she thinks the answer should be. Chairman Higgs inquired how long would that take to get a formal opinion from the Commission; with Mr. Knox responding he asked for one on behalf of the Board two months ago and has not received it. Chairman Higgs inquired if it would have taken more time than she had between hearings; with Mr. Knox responding yes.

Commissioner Cook inquired if in the absence of any other opinion, Chairman Higgs has to vote; with Mr. Knox responding the attorney for the Ethics Commission who reviewed it sent the opinion saying she has no conflict of interest; he reviewed the facts and does not think she has a conflict of interest; and in the absence of something that says she has a special gain or financial interest in the matter, she is required to vote.

Alma Tate, 7750 Patti Drive, Merritt Island, representing Rockledge Bingo, advised she has been a resident of Merritt Island for over 30 years, is a property owner, taxpayer and voter, and is here to voice her opposition to the proposed ordinance. She requested an explanation of Section 1.a. and the right to play bingo at a Catholic Church and their right to use the funds as contributions to their church and private school, which is called taking care of your own. She stated they announce at the beginning of the games that the first section is for the church and the second section is for the school; the bingo volunteers, namely parents and grandparents, work there to receive credit towards lowering the tuition of their children or get points for a free trip to wherever they are going for that year; and inquired if it is service for exchange of credit rather than a bona fide contribution to a recognized charity. She stated Catholic schools charge tuition for each child; and if people cannot afford to send their children to private schools without having to work at the bingo hall and take profits from the bingo earnings, then they should go to public schools. She stated the school should not be supported by bingo funds; and a perfect way to use bingo funds is to have a scholarship fund for children who have outstanding achievement. Ms. Tate advised Section 3.a. refers to the intent of the Board to put an end to the commercial bingo hall and discourage participation by criminals and other undesirables; and inquired when are patrons of commercial bingo halls referred to as such. She stated she takes offense to that statement; and inquired who will stand at the doors of the churches and DAV halls and decide who is a criminal and who is not. She stated the same people who attend the church, Moose Lodge, and DAV bingo games also come to Rockledge Bingo hall; Rockledge Bingo contributes to many different charities such as the Crippled Children's Society and others brought to the Board's attention at the last meeting; and they are all listed for the Board to review. Ms. Tate advised the rest of the proposed ordinance refers to the legal license to run the hall properly, record keeping, bank statements, and so forth; it is important that each commercial hall, DAV, and church have their records open for inspection upon request; and if they do not follow the laws, then they pay the consequences. She requested the Board not limit the number of days a hall can remain open as long as it supports a different bona fide charity because a commercial hall cannot operate on two days a week; and stated as long as they have enough bona fide charities, they should be given a chance. She stated Chairman Higgs has children who attend a church school; she worked for the federal government for 17 and a half years and if they accepted a cup of coffee from a vendor or anyone they had a proposal or contract with it was a conflict of interest; and this is no different in her case or any Commissioner's case to accept any points or less tuition for their children. Ms. Tate stated the money should go to the children who need shoes, the crippled children, food for the needy and elderly; and if Chairman Higgs has children who attend a private school, she should not be able to vote on this issue.

Chairman Higgs advised every time the Board has discussed this issue, she has gone on record that she has never worked bingo or collected any credit, nor has her husband ever worked in that regard; and she made it very clear where her children attend school.

Dale Ruggieri, 221 Columbia Drive, Cape Canaveral, advised she was not prepared for any type of speech but felt the same as others; Rockledge Bingo does a good job; she has given up smoking and drinking, so bingo is the only vice she has left; her mother who is 78 years old got started last year; and it is the only thing they have left to do.

Rita Craft, 1642 Pinehill Drive, Melbourne, advised she submitted copies of letters from charities that received benefit from commercial bingo halls and articles from Bingo Bugel and questions regarding the ordinance to the County Attorney today with copies to the Commissioners; Commissioner O'Brien suggested she do that when she spoke to him; and thanked the Board for allowing her to speak in this public forum. She stated the key word is public; the public is outraged over the ordinance; and their outrage has been expressed in petitions, phone calls, and letters to Commissioners offices, newspaper editorials, and interviews with TV media. She stated she cannot fathom why the Board is not listening to the constituents who put them in their positions; the majority of the Board members are of the Republican Party; and the reason the Republican Party was victorious in the last election was because they ran on the form of smaller government and less regulations. She stated now the Board is adding 44 pages of regulations relating to bingo in addition to the current Florida Statutes; and inquired if law enforcement officials are not currently enforcing the Florida Statutes, what makes the Board think they will enforce the ordinance. Ms. Craft advised she lived in Washington, D.C. and became familiar with the political arena; in Washington special interest groups were called PAC's, political action committees; in Brevard County they are called BAC's, bingo action committees; and those special interest groups who are in support of the ordinance have until the last two and a half years dominated the bingo industry; and now they are telling bingo players where, when, how often, and to what charities they can donate their money to. She stated by voting in favor of the ordinance the Board is discriminating against the smaller charities that currently benefit from commercial halls; she is not against regulation, just that they be fair and just to all parties involved; there are some bad commercial halls, but not all commercial halls are bad; and the same is true of the organizations that are in favor of the ordinance. She stated one church had a volunteer who was involved in a cheating scam; and inquired if it should be assumed that all churches are bad. Ms. Tate advised claims are being made to the Board that commercial halls are hurting churches and service organization bingos, but that is not true; a commercial hall that was in a city where a Catholic church held bingo for many years chose not to be open for the two sessions in which the church bingo was open because they did not want to hurt that bingo; and another organization stated at the May 11 meeting it only averages 110 people because of the commercial halls, but a picture and statement in the May issue of the Bingo Bugel or Florida Sun Guide on page 6, totally contradicts that statement. She stated the injured parties of this ordinance will not go quietly; and bingo players and small charities will pursue every legal maneuver available to overturn the ordinance should it pass. She thanked Commissioner O'Brien for his time this afternoon to discuss issues that he was not aware of; he was under the impression that bingos were only paying out $1,000 a night; she discussed a program which pays out approximately $4,000 a night and submitted it for the Board's review; and there are many issues that have not been addressed in the ordinance that need to be incorporated before it is passed. She stated they were submitted to the Board for its review. Ms. Tate stated she understands Chairman Higgs has children in a Catholic school and does not personally benefit from bingo; however, her children benefit from the profits derived from bingo of approximately $2,000 that is put into the education fund; and that is approximately $104,000 a year for school supplies, books, and everything else. Chairman Higgs stated that is not totally true. Ms. Tate inquired what are the funds in the Education fund used for; with Chairman Higgs responding books and supplies are purchased by parents, and she does not have a school budget and cannot say what the Education Fund is used for. Ms. Tate stated if the funds were not derived from bingo, the cost of tuition will go up; thereby Chairman Higgs will personally benefit from the passage of the ordinance. She stated should the ordinance not pass and commercial halls are allowed to stay open, perhaps profits would decrease and her children would not get the benefit of that; so she needs to recuse herself from voting. She stated she submitted a counter letter from the Ethics Commission regarding this issue to the County Attorney; she was told she can file a complaint should she believe there is a conflict of interest; and she does believe Chairman Higgs should recuse herself from voting.

Commissioner O'Brien stated he is sick and tired of the Catholic bashing; he is a Catholic and resents it very deeply; his religion is his religion; and this is turning out to be a Catholic bashing. Ms. Tate stated she is not saying only Catholic churches, but service organizations as well. Commissioner O'Brien stated she did not include other organizations, only Catholics, and he is absolutely sick of it. Ms. Tate stated she is sick of being told where she can spend her money; she is a person with personal rights and Commissioner O'Brien does not need to yell at her; and he should have the same professional courtesy and respect that she has for him as a public official. Commissioner O'Brien stated he cannot stand Catholic bashing.

Faith LaRoche, 798 Sky High Road, Merritt Island, advised she is a bingo player and knows nothing about the political part of it; she has enjoyed bingo over the last six to eight years; she has taught school in Brevard County since 1956; and cutting her bingo to two nights a week is taking away her rights. She stated she does not care whether it is the church, DAV, or County Commission, it is taking a right from her that she has earned; she does not know about the political or legal side of it; but she knows that the charities the smaller bingos are supporting are public charities that not supported by large communities. She stated she belongs to the Moose Club; her bingo at the Club supports the Moose heart; that is all it does; and it does not support cripple children or blind persons. Ms. LaRoche inquired why other counties in the state play bingo any time they want to and Brevard County wants to cut it; and is it trying to be a leader in something; and if so, it should stop and look at what it is trying to lead.

Nancy Collins, 245 Richland Avenue, Merritt Island, advised she is a member of the Merritt Island Moose Lodge and volunteers to call bingo there; she knows four Commissioners have made up their minds to go with the bingo ordinance; but she wishes they would listen to the thousands of bingo players, including those who come from the north. She stated the two bingo halls, the DAV and churches want the Board to pass the ordinance on are going to continue to do what they want to do anyway; all the Board is doing is hurting Rockledge Bingo and the other charities and bingos that are trying to help charitable organizations in their communities; the Moose Lodge, DAV, and churches only support themselves and their own; and they could play more than two nights a week if they wanted to. Ms. Collins advised a lady from the Aides Charity who spoke at the May 11 meeting said they paid $450 to join and get support from a bingo hall; they need to get a new leader because something is wrong there; and the Board needs to check into that organization. She stated Carl and Ginny at Rockledge Bingo have been honest and fair with the bingo players and their charities, especially the Crippled Children's Center on Merritt Island; that is more than she can say about the Moose Lodge, DAV and churches; and she hopes the Board will come up with another ordinance that would be fair to all bingo halls. She inquired why should honest bingo halls be limited to two nights a week and their charities hurt because of two dishonest halls; and are the Moose Lodges, DAV's and churches going to donate some of their profits to help those charities when the honest bingo halls are shut down. Ms. Collins requested the Board stop and think of who will be hurt if the ordinance is passed. She stated honest bingo halls will be hurt; bingo players will have to go to other places and spend more money and will not get to play on certain nights that they like to play; but the charities will get hurt because they will lose the money they depend on a great deal. She requested the Commissioners open their hearts, see what good can be done for once, and vote against the ordinance.

Tanya Joaquin, 3980 Thor Avenue, Titusville, advised she is the newly-elected Commander of the DAVA Unit 109, and thanked the Board for allowing her to address the issue and express what impact it could have on their organization in the event the ordinance does not pass. She stated at the last public hearing, she heard a lot of opponents speak on freedom of choice; should the new law pass and be implemented, they would still have a choice as to which bingo establishment they wish to go to; before commercial bingo became such a big business, various nonprofit agencies did not feel threatened by the competition of one another; it was not until commercial bingo started operating six and seven days a week, offering jackpots that were not within the current laws, that they found it necessary to press the issues of the law. She stated commercial bingos have presented a tremendous threat to their organization as well as many other nonprofit agencies in the community; it is not their intention to put those bingos out of business; but it is their belief that what is good for one is good for all. Ms. Joaquin advised at the May 11 meeting a woman representing a nonprofit agency that assisted AIDS patients explained how a local bingo operated for her charity two times a week and after all expenses were deducted, her agency profited $6.00 a week for a total of $350 a year; and that is what concerns them about the commercial bingos. She stated she does not blame the bingo players for attending commercial bingos as their chances of winning more money is what the average bingo player is looking for; however, she expects those commercial bingos to take responsibility for their actions as they are very aware of the illegal games which they are currently offering. She stated the new law is a step in the right direction to fair play; and there is no way possible their organization can compete with any commercial bingo as they are currently being operated and stay within the law. She stated it is absolutely illegal to offer six to nine jackpots with some of those exceeding the maximum allowed by law of $250. She noted she recently saw a commercial bingo advertising nine jackpots with a $500 payout. Ms. Joaquin advised although she represents the Disabled American Veterans Auxiliary, it does not mean they are limited to helping only the disabled veterans; there are a number of charities they help because for a variety of reasons they are not able to have a weekly fund raiser; some organizations that are helped through their bingo proceeds are the Shriners, American Cancer Society, Foster Children of Brevard, Brevard Halfway House, Shoes for the Needy, and DARE Program; they give two $1,000 scholarships annually; and they have Christmas, Easter, and Halloween parties for the children in the community to ensure none of them are left out. She stated the list goes on, and they contribute more than $6.00 a week. She stated many people do not realize the DAV must abide by state and local laws and its own Constitution and by-laws which require that 41% of all proceeds must go directly to disabled veterans, their families, and the community, and 10% must go to the state headquarters, with the remainder for monthly expenditures. Ms. Joaquin advised what disturbed her at the May 11 meeting were the threats that were made to Commissioners which were totally unacceptable behavior and clearly displayed a lack of respect for any human being regardless of their position or title. She stated after giving their behavior a lot of thought, it occurred to her that perhaps the reason behind all their anger and hostility was the fact that there was a good possibility that a large amount of their income could be eliminated should the ordinance pass. She noted she understands the majority of workers receive pay for their services. She suggested the Board create a position of bingo inspector and that person along with his staff could monitor both commercial and nonprofit bingos to insure they are operating within the law.

Commissioner Ellis inquired if Ms. Joaquin said it was illegal to offer six to nine jackpots; with Ms. Joaquin responding yes, if they exceed $250. Commissioner Ellis stated they cannot offer anything beyond $250; with Ms. Joaquin responding some are offering $500 payoffs. Commissioner Ellis stated it is not illegal to offer six $250 jackpots; with Ms. Joaquin responding if they have three charitable organizations, they can offer each nonprofit agency three jackpots per session. Commissioner Ellis stated there are charities that offer six jackpots a night, and that may come to a halt if the ordinance passes; and some people will get more than they wished for. Ms. Joaquin stated they understand, as long as everyone has a fair footing.

Helen Ferguson, 220 Second Street, Merritt Island, advised she has been a resident since 1959, is a taxpayer, helped to pay the Commissioners' salaries, is also a voter, and will help to get rid of the Commissioners, so whatever their votes are will definitely be kept in mind when she is voting. She stated she is a Catholic, but thinks the Catholics have a monopoly on bingo; she goes to Rockledge Bingo because she prefers it; she wants to go any night she pleases; and they are doing great on giving to charity. She stated the Board is doing what is easy and not what the voters want; so it should keep that in mind when it votes for or against the ordinance.

John Buckley, 1670 Cardinal Court, Melbourne, advised he called bingo for 20 years for two churches, one school and one fraternal organization; he retired from doing that ten years ago; so he is familiar with bingo. He stated the state authorized bingo for charitable nonprofit agencies, veteran and fraternal organizations in 1966-67; over several years they finally got it to the point where they can have three games with prizes of $250 and no other game over $50; the state restricted play to two sessions per week; and the commercial bingo on Sarno Road has been violating the state law. He stated it has been offering more money prizes than currently authorized by law; commercial bingos have been running special games with winner take all, and some were to the point of $1,000; and by a dubious method of sponsoring a number of charities they have been open five to seven nights a week. Mr. Buckley advised the state law requires the operators of the bingo be members of the organization that benefits form the bingo; whether the operators of the Sarno bingo could belong to all their sponsored organizations is extremely questionable; and he is against any bingo that is operating outside of the law, be it commercial, church or veteran operations. He stated Sarno Bingo was cited by Melbourne Police with 44 violations; it was closed down and the equipment confiscated; it re-opened and is operating in violation of the City of Melbourne's Bingo Ordinance; and it is presently under appeal awaiting a decision of the court, but he is confident the City Ordinance will be upheld. Mr. Buckley advised the charitable, nonprofit, veteran and fraternal organizations are being hurt by illegal bingo operations; a number of their bingos have been closed because of commercial bingos, such as the VFW in Melbourne, Our Lady of Lourdes Church, and several other veteran organizations; the commercial bingos were enticing people with illegal prizes more than three jackpots of $250 and games in excess of $250; and the City of Melbourne passed an Ordinance to level the playing field by authorizing commercial bingos to play twice a week and placing them under the same ground rules as the charitable, nonprofit, veteran, and fraternal organizations. He stated bingo workers are not to be paid; he was advised at least one of the bingos presently operating has workers that are currently violating that law and soliciting tips from the winners for at least $1.00 of their winnings. He noted one Commissioner was reported to be in favor of letting the present law cover the commercial bingos; but that is difficult to do because the present law is not very comprehensive and the state office responsible for enforcing it has not been doing very much to even help the City although it promised to do so. He stated the money charitable, nonprofit, and fraternal organizations make must be used for charitable purposes; however, the money commercial bingos make go into the profit of the bingo operators with a token amount donated to nonprofit sponsors.

Commissioner Ellis inquired when Sarno Bingo was first shut down, was it before Melbourne's Ordinance was passed; with Mr. Buckley responding yes. Commissioner Ellis inquired if one of the reasons was illegal jackpots; with Mr. Buckley responding there were 44 violations. Commissioner Ellis inquired if Melbourne Police can enforce the state law regarding illegal jackpots; with Mr. Buckley responding it is being cited every week that it is open more than two times a week; and they are waiting for the appeal decision with a good possibility the operator may end up in jail. Commissioner Ellis inquired if that is under the City Ordinance; with Mr. Buckley responding yes. Commissioner Ellis inquired if under the state law with the jackpot limits Melbourne Police Department can enforce the illegal jackpot limits; with Mr. Buckley responding that is a question for the court to decide. Commissioner Ellis stated that is a state law and policemen can enforce state laws; and inquired if they have to adopt a local ordinance to have the Melbourne police enforce it; with Mr. Buckley responding there is a lot involved in that with the State Attorney's office and he will have to wait for a decision form the court on that. Commissioner Ellis stated it seems illegal jackpots are the easiest to enforce; with Mr. Buckley responding it should be enforced and he does not think anyone should have more than three $250 jackpots and no other games over $50.

William McDonald, 4575 Comfort Street, Cocoa, representing DAV Chapter 109 in Titusville as a member and Chairman of the Bingo Committee, advised he is tired of hearing both Catholics and disabled veterans humiliated by a bunch of people who do not represent anything before the Board except that they want to play bingo; they have no idea where the money goes; and the lady who spoke about the DAV needs to know if it were not for people like him who gave their blood in combat, she would probably not be able to speak here tonight. He stated he heard about fraud, stealing, Rockledge Bingo, and $4,550 for charity; but what happened to the other $20,000 the Rockledge Bingo took in that session; $4,500 amounts to pennies for one evening; it is less than $100 per session; that takes in an average of $50,000 a year on their figures; and that means that somewhere there is a lot of money not accounted for and is going to the charity that begins at home. Mr. McDonald stated there will be more "have nots" if people keep taking the money that is supposed to be generated for charity and putting it in their personal banks. He stated the Physical Therapy Center talked about $6,000 over 20 months; that is about $180 a week or $90 a session; and inquired what happens to the money over that that does not go to the charity. He stated the man from Marion County was in the back prepping witnesses to speak before the Board; and inquired what is his interest in Brevard County and is he being paid as an attorney to represent those people. Mr. McDonald advised the new ordinance will not cut bingo time; it is not going to cut anyone's bingo time; what it is going to do is require charging legitimate rates for what they are renting out and the people have to run the bingos themselves and the money given to those people who in turn pay the bingo operator for the use of the hall. He stated the bingo owner will not be taking $2,000 a night and giving the operator $100 a night; that is not the way things are put even; and he would like the Board to stay its course and put the ordinance in effect.

Roseann Hardin, 1000 Noreen Boulevard, Rockledge, advised the major complaint of churches and DAV's is that the bingo halls are hurting their attendance; the players are intelligent enough to make informed decisions regarding where they choose to play; and the attendance at the charity churches and DAV's is less an issue of unfair competition than it is a variety of games and enjoyment of the players and location of the halls. She stated a lot of players are unwilling to drive long distances at night to play a poor, unsatisfactory, and possibly a more expensive program; and requested the Board let the players decide where they will or will not play and give them the benefit of the doubt to make the right choices where they will play bingo. Ms. Hardin stated she has the budget for the DAV as of June 30, 1994; it does not show income from bingo; however, there are 30 different chapters that conduct bingo; bingo is not listed in the budget at all; there is no place shown where any other charities receive help from bingo other than the DAV; and inquired what would the small charities do if all the other charities do the same. She requested the Board make the right choice on the ordinance and check into it before it makes a vote.

Linda Furlong, 300 Pelican Drive, Satellite Beach, stated she did not come to speak, but there are a few things she wants to say; she is a Catholic, went to a Catholic school, and has a cousin who is a priest; she plays Catholic bingo; she is a volunteer at a commercial bingo hall; and her husband was in the military who is a disabled veteran. She stated elected officials should not make a vote on this ordinance; the vote should be left to the public and they should have a primary election for it; as a voter she does not feel the Board has the right to vote on it; it is such a big issue; until proven guilty nobody is wrong; so they should have a primary election on the bingo issue.

Harry Revels, 6330 Sleepy Hollow Drive, Titusville, advised he is a member of the Benevolent Protective Order of Elks Lodge 2113 in Titusville and Bingo Chairman; he is sorry if he criticized Catholics; he has friends who are Catholics; but he talked to players who come to the Lodge and play every Wednesday during the day and they are saying if the large bingo parlors are shut down that run seven days a week, the smaller charities and bingo parlors will get more players because they will go where there is a game. He stated the Elks provide for one charity, Harianna Children's Hospital for Crippled Children; last year they gave them over $7,000 which was their total profits less expenses; and they are only provided by the Elks Lodges throughout the state. He stated he hopes the Board passes the ordinance.

Arthur Fidler, 245 Villa Del Mar Way, Satellite Beach, representing Holy Name of Jesus Catholic School, and Chairman since 1980, advised the ordinance deserves to be passed; and although he agrees with Commissioner Ellis' efforts to minimize legislation and not create unnecessary ordinances, bingo is a big business in Brevard County. He stated a legitimate charity bingo operating two nights a week is going to generate approximately $100,000 a year for its charities after handling about $250,000 a year; multiply that by the number of bingos operating in the County and the Board is looking at a multimillion dollar operation; and it is not a matter of enforcing the number or amount of payoffs, but insuring all the bingos are operating under a uniform set of guidelines, and the charities that are supposed to benefit from the bingos are getting their fair share of the proceeds. Mr. Fidler advised several years ago when the commercial halls started opening, charitable bingos started looking for relief; he did not see a need for a local ordinance thinking the state law should suffice; but after listening at the last hearing, he understands there are enough loopholes in the Florida Statutes and the courts interpretation of the law that a local ordinance is necessary to provide at least a modicum of regulation. He stated at the last hearing Commissioner O'Brien said 90% of the proceeds of a charitable bingo goes to the charity; well 90% from the proceeds of a commercial hall goes to the operator of the hall; and that was underscored by the first speaker last week who said she received about $300 a year from the proceeds of bingo. Mr. Fidler advised they are not looking for very strict rules; they are not out to limit a player's opportunity to play bingo; and they are not trying to put a commercial bingo hall out of business. He stated parents of students who attend Catholic schools pay taxes to support the public school system; the parents at Holy Name of Jesus School are required to work bingo, not to support the general tuition but to support scholarships provided for Catholic and non-Catholic students who attend their school; and he can personally attest that Mrs. Higgs has not worked bingo, at least in the last 15 years. He stated they do not make $2,000 a week as inferred; if they did not have bingo, they could operate the school, but it would increase the subsidy from the Parish that would take away from other charitable organizations supported by the Parish bingo.

The meeting recessed at 6:33 p.m., and reconvened at 6:45 p.m.

Chairman Higgs inquired if someone wanted to make a motion.

Motion by Commissioner Cook, seconded for discussion by Commissioner Scarborough, to adopt an ordinance to be entitled an Act supplementing the Brevard County Code by creating a Chapter regulating bingo; providing for legislative findings; definitions; legislative intent; administration and enforcement; licensing requirements; license classifications; disqualification; license application and fee; investigation; issuance or denial; amendment of application; license non-transferable; display of license; mutilation prohibited; terms of license and renewals; suspension and revocation of license; records and reports; bingo equipment; conduct of bingo; charitable organizations and authorized organizations; lessors' use of premises; prohibition of bingo or lease of premises for bingo without license; prohibiting admission or participation by minors; prohibiting enticements or inducements to play bingo; prohibiting tampering with notices; prohibiting false statements; prohibiting unlawful reproduction or alteration of documents; confiscation of bingo equipment; PUBLIC

procedure for disposition of bingo equipment; declaration of certain premises as nuisance; major violations and penalty; minor violations and penalty; injunctive relief; providing for severability; providing for notice; providing for Countywide application; and providing an effective date.

Commissioner Cook advised page 8 says the ordinance does not apply if there are 50 players or less; and suggested amending it to 75 players or less which would be more reasonable. Chairman Higgs advised that is the annual average.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to amend the motion, to change page 8, Section 3 (b) from 50 to 75 players or less.

Commissioner Ellis advised one of the reasons he does not support the ordinance is because anybody who operates bingo has to comply with the paperwork requirements; and since it is based on an annual average, they have to keep statistics to show that their annual average is under that number all the way back to the beginning of the year. He inquired what would happen if the bingo operator felt it did not apply, then when the numbers were calculated found out it should have applied, would they be responsible to go back to the beginning of the year and get things straightened out; and if there is that exception, how would it be enforced to know who is supposed to get it and not get it, and will there be an enforcement problem if everyone says their annual average is under 75 or 50 or whatever the number will be. Mr. Knox advised they would have to keep track of how many players they are serving, and people responsible for enforcement would check them at the end of the year. Commissioner Ellis inquired what happens at the end of the year if they find out they did hit the threshold; with Mr. Knox responding at that time they have to abide by the ordinance. He stated it is a self-policing thing; they take the risk, if they find they are over the threshold and do not comply with the ordinance, that they will have enforcement action against them. Chairman Higgs inquired if it applies to all aspects of the ordinance, including registering of charities; with Mr. Knox responding yes if it exceeds the threshold. Commissioner Ellis inquired if they are under the 75 threshold, they can go into multiple sessions and multiple days. Commissioner Cook stated that can be done at 50 also, but 75 is more reasonable. He stated he does not want to make it too onerous or complicated; he believes in less regulation, so the simpler it is, the better; and 75 is better than 50 where the ordinance would not apply.

Commissioner Scarborough advised the reason the Board is considering this ordinance is because Florida Statutes did not do what it was supposed to do; the ordinance is crazy because it exempts charitable churches then says they can only operate two days a week; then it says "it is the expressed intent of the Legislature that no charitable nonprofit veteran 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 game as provided in this Act." He stated nothing in the ordinance says they can have commercial organizations go out and run constant bingo halls for smaller charitable organizations; it appears the Legislature did not want someone acting for another, yet the ordinance does not say specifically someone cannot act for another; so the Board is breaching the legislative intent because it is not saying commercial bingo halls are illegal. He stated it violates the concept of the Legislature to let someone other than charitable churches operate bingo; and inquired if the Board fulfills a better roll by just regulating the terms of play and expanding the number of days to accommodate all the small charitable organizations. Commissioner Scarborough stated to have them all within a two-day limit is ridiculous; and because some higher authority failed to act, the Board has to try and straighten out somebody's mess.

Commissioner O'Brien recommended Commissioner Cook amend the motion to say 75 players or less per session; with Commissioner Cook responding that would be fine. Commissioner Scarborough stated that would make more sense and would be easier to track.

Commissioner Ellis stated it will open up something the Board does not think it is opening up, but if the average is 75 per session and if the operator ran 50 sessions a week and 47 have zero attendance, the other two would be wide open; and that is why Subsection (b) is not going to work. Commissioner O'Brien stated it could say per session per day. Commissioner Cook stated Commissioner Ellis is against the entire ordinance and he understands that; but if it will have some standard, 75 or less is more reasonable than 50 or less. Commissioner Ellis stated if he operated a bingo hall, he could use that section and negate the entire ordinance; with Commissioner Cook responding and he could at 50 also. Commissioner Ellis stated that is his point, with the threshold in the ordinance, he can negate the entire ordinance. Chairman Higgs inquired if Commissioner Ellis is suggesting the ordinance should apply to anyone operating bingo. Commissioner Ellis advised his point is if he offered bingo sessions at $20 a card and $5.00 jackpots, his attendance at those sessions would be virtually none; so if he offered five sessions a week like that, two sessions could have over 200 people, and his average per session would be 33 players so he would not fall under the ordinance. Commissioner Cook inquired if Commissioner Ellis has a problem with that; with Commissioner Ellis responding he is just letting the Board know what Subsection (b) is opening up. Commissioner Cook inquired if Commissioner Ellis thinks the Board should outlaw all commercial bingo and do like Commissioner Scarborough said that the intent of the state law is no commercial bingo. Commissioner Ellis stated he is just telling the Board what the implications of that paragraph are and it can do what it wants to do.

Chairman Higgs inquired if the County Attorney has knowledge of how the law may have been interpreted and used elsewhere; with Mr. Knox responding he thinks it means per day as opposed to per session; and Commissioner Ellis is correct, and using his analogy of 75 players a day would be to skip one session and have 150 on one day.

Commissioner Cook inquired if per day would be better, and amended the motion to read 75 players per day. Chairman Higgs inquired if it would read, "to those organizations and groups that have or serve 75 players or less per day with such number of players being determined," and delete the rest; with Commissioner Cook responding yes.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to amend the motion to say 75 players or less per day.

Commissioner O'Brien inquired if there is a mechanism to do a body count or those who have 75 or less per day may have to sign off on a body count. Chairman Higgs stated they have to document their players based on the records and reports required in the ordinance. Commissioner O'Brien stated they do not have to do that because the ordinance would not apply to them. Chairman Higgs stated there was discussion about condo groups and they are not a part of that, so she is not sure if 75 per day will work; with Commissioner Cook responding the same problem would occur with 50 per day, but the Board can delete the entire standard. Chairman Higgs stated that is the only alternative to have everyone who operates bingo keep records and fall under the ordinance. Chairman Higgs inquired if the Florida Statutes make any distinction; with Mr. Knox responding no. Commissioner O'Brien suggested dropping paragraph (b) out of the ordinance.

Commissioner Scarborough stated the reason it was put in the ordinance is because it comes to a point where the bingo games are so small it would be difficult for anyone to justify the ordinance requirements and enforce it. Mr. Knox stated it came from Pasco County's Ordinance in October, 1994. Commissioner Scarborough stated he assumes the smaller bingo operators are not required to provide documentation, but it is implicit they must be able to document the number of players at each game; and inquired how does Pasco County handle that; with Mr. Knox responding he does not know.

Commissioner Cook stated there is a certain level below where enforcement would be unnecessary or onerous; and if someone continued to operate those sessions that exceed the threshold over a period of time, he is sure someone would report it. Commissioner Scarborough inquired if it would be acceptable to add something in paragraph (b) saying it is the responsibility of the organization to document the number of players at each game; with Mr. Knox responding that can be put in there. Commissioner Cook stated if that is the better language, he will accept that as part of the motion; and Commissioner O'Brien accepted the amendment.

Chairman Higgs advised Section 3(b) would read, "It is the further intent of the Board of County Commissioners that the provisions of this ordinance shall not be applicable to those organizations and groups that have or serve 75 players or less per day, and it is the responsibility of such organizations to document the number of players." She inquired if that is the motion; with Commissioner Cook responding that is his motion.

Mr. Knox stated he wrote, "It shall be the responsibility of any organization claiming this exemption to document the number of players in the organization." Commissioner Scarborough inquired if it should say "players in the organization"; with Mr. Knox responding "number of players" would be better.

Chairman Higgs again requested clarification from the County Attorney, given the information he has given her that she does not have a conflict, and given the letter she has from the Ethics Commission, she could not claim a conflict of interest; with Mr. Knox responding Chairman Higgs does not have a conflict of interest which would allow her to abstain from voting, and she has to vote on this issue. Chairman Higgs stated she will vote on this issue.

Chairman Higgs called for a vote on the motion to amend the ordinance to change 50 to 75 players or less. Motion carried and ordered unanimously.

Commissioner Cook advised page 11, Subsection (c)(2) states, it has been in existence and active for a period of at least three consecutive years as an authorized organization unless it holds a valid certificate of exemption pursuant to Section 501(c), submits its nonprofit articles of incorporation, or provides evidence in the form of a corporate charter, partnership, etc. that it has been in existence for three consecutive years; and inquired how was the three-year level arrived at; with Mr. Knox responding it was borrowed from Pasco County's Ordinance, and the purpose is to make sure it is not an organization that is created for the purpose of being a charitable organization that they can conduct bingo for and has to have a bona fide reason for being in existence. Commissioner Scarborough advised that is also in the Florida Statutes. Commissioner Cook advised on page 12, the Board deleted age as part of the application process and stipulated they must be 18 or over.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to delete "and age" and insert "18 and older" in Section 8, page 12. Motion carried and ordered unanimously.

Commissioner O'Brien advised page 13, Subsection (3) states, "whether any of the individuals listed pursuant to paragraphs (1) and (2) has, within the five-year period immediately preceding, been convicted of any misdemeanor involving a theft or illegal gambling, " but it does not have any direct action to be taken if they lied on their applications. He stated it should be cause for immediate revocation of the license for any falsification of the application. Mr. Knox stated it is not covered in another Section, so they can add something that will cover it.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to amend the ordinance to include language that says, "Any intentional falsification of the application shall be cause for immediate revocation of the license." Commissioner Cook inquired if Mr. Knox has a preference of where to put that language; with Mr. Knox responding he will add a new paragraph 11 to page 21 and new paragraph 6 on page 22.

Commissioner Scarborough inquired if it will be "shall" or "may"; with Commissioner O'Brien responding "shall". Commissioner Scarborough stated he would hate to see a minor thing become an issue for automatic revocation and suggested adding "material" or "substantial" falsification.

Commissioner O'Brien amended the motion to add paragraph 11 to page 21 and paragraph 6 to page 22, to read "materially falsified an application for a license"; and Commissioner Cook accepted the amendment.

Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered unanimously.

Commissioner Cook recommended adding "location" to page 17, Section 11, where it states, "any change in principal officers, designated representatives, or change in structure or purpose of the organization. . ." Mr. Knox advised that can be done.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to amend the ordinance to add "location" to paragraph 11(c) on page 18. Motion carried and ordered unanimously.

Commissioner O'Brien advised page 9, Section 6(a) says, "(2) such person or organization will not distribute their own bingo supplies;" and inquired how they can play bingo games if they cannot distribute supplies. He stated cards and equipment are defined, but bingo supplies are not.

Chairman Higgs advised page 5 talks about bingo equipment, cards, chips, and markers; and inquired if that language can be changed to equipment since there is no definition of supply. Commissioner Scarborough advised there is a difference between equipment and supplies, and supplies are disposable where equipment may not be consumed. Chairman Higgs stated cards are consumable. Mr. Knox advised there was a reason for being in there, but he cannot tell the Board what it is at the moment; he cannot think of anything that would greatly disturb him by taking it out; the major problem was leasing supplies for an inflated rate from an affiliated corporation and paying expenses they should not be paying; but that is covered somewhere else in the ordinance so it would not cause a problem to delete it.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to amend the ordinance to delete (2) in Section 6, Subsection (a), page 9. Motion carried and ordered unanimously.

Commissioner O'Brien advised page 16, paragraph (12) reads, "such other documentation related to the application as the County may require which documentation may be be requested for the purpose of completing a full disclosure of all ownership, leasing status, membership and other licensing criteria mentioned herein." He stated there are two "be's" and there should be some punctuation because it is difficult to read for its meaning.

Chairman Higgs recommended deleting "which documentation may be requested" to make it simpler to read.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to amend the ordinance to delete "which documentation may be requested" from paragraph (12), page 16. Motion carried and ordered unanimously.

Commissioner O'Brien advised page 20, Section 15, says, "The County is authorized to suspend or revoke a license when he determines, upon sufficient cause that. . ." and the "he" should be "it".

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to amend the ordinance changing "he" to "it" in Section 15, page 20. Motion carried and ordered unanimously.

Commissioner O'Brien advised page 24, Section 17, Subsection (b) says, "All revocations shall be permanent. Revocations shall be limited to those licensees whose licenses have been suspended twice." He inquired if it says that anyone who has been suspended twice will have his or her license permanently revoked; with Mr. Knox responding it says if he or she is suspended twice, he or she will qualify for permanent revocation. Commissioner Cook stated they cannot be eligible for revocation unless they have had their licenses suspended twice.

Commissioner O'Brien advised some questions were brought up; one was, "Should a relative of a volunteer be allowed to play bingo when the volunteer is an active volunteer that evening?"; it is not addressed in the ordinance; and inquired if it should be. He stated another question is, "Should a volunteer be able to play bingo at any hall he volunteers at on the night he is not a volunteer?" Commissioner Cook commented sure, why not. Commissioner O'Brien advised another question is, "Would reduction of tuition at a parochial school for a volunteer be considered as compensation?" He stated he does not think so because there is no reduction of tuition, but the bingo proceeds help the schools. He stated other questions are, "Should a volunteer be able to receive free refreshments and is that compensation? If a volunteer cannot receive tips, can there be a tip cup on the counter next to the refreshment stand? Are those tips tips or compensation?"

Chairman Higgs advised there is a provision in the ordinance that says they cannot receive anything of value. Mr. Knox stated the people conducting bingo cannot receive tips. Commissioner O'Brien inquired if the concession stand tip cup is okay; and no opposition or response was heard.

Commissioner O'Brien advised the Board received a list of questions and has not addressed all of them; the person who is asking those questions feels they are important; and it is only fair to go over those. He stated the first question is, "How was the need for the proposed bingo ordinance brought to the attention of the Board?"; and the second question is , "How was the Board made aware of the current Pasco County Ordinance?"

Chairman Higgs advised at the time the Board first discussed the bingo ordinance, it had people making personal appearances and they brought with them the Pasco Ordinance and several others; several individuals were given personal appearances after they came to her; the Board listened to them and was given the ordinances; and those were referred to the County Attorney.

Commissioner O'Brien stated Section 21, Subsection (k) states, . . .volunteer. . .shall be present at all times when a bingo game is in progress except when excused for extraordinary reasons as provided in the rules promulgated by the County." He inquired where are the rules and what are the reasons a volunteer may be excused from the section. Mr. Knox advised there are no rules in the ordinance and they have to do that as a separate item, so right now the volunteer has to be there. Commissioner O'Brien inquired if there are no rules, what extraordinary means; with Mr. Knox responding there are no rules.

Commissioner O'Brien advised another question is, "Section 6, Subsection (2) states such person or organization will not distribute their own bingo supplies; and does that include the resale of bingo supplies to the player for the purpose of profit?" Commissioner Cook advised the Board deleted that provision. Commissioner O'Brien inquired if an organization holding a Class A license can also hold a Class B license; with Mr. Knox responding under certain circumstances. Commissioner O'Brien read, "There are six charitable organizations in Brevard County, whom at the present time, are in violation of current Florida Statutes regarding bingo. If complaints and charges are filed and these organizations are convicted, will they be permitted to obtain Class A licenses?" Mr. Knox stated under the criteria for applicants, they probably would not qualify. Commissioner O'Brien stated the next question is, "Regarding Section 20 of the proposed ordinance dealing with bingo equipment, a requirement should be that any organization conducting a bingo shall be required to purchase television monitors and an electronic bingo verifier so that methods of cheating shall be eradicated. It is a requirement by current Florida Statutes that bingos shall be verified by someone else or by showing on television." He inquired if the ordinance covers that; with Mr. Knox responding it is covered by saying a violation of the state law is a violation of the ordinance. Commissioner O'Brien advised another question is, "Section 21, Subsection c, states no service or thing of value shall be given, offered or distributed for the purpose of enticing the play of bingo. Does this include newspaper ads that if turned in permit players to receive free paper? Does this also include or exclude the act of giving away free games during the play of bingo?" Mr. Knox stated he does not think it falls under service or thing of value. Commissioner O'Brien inquired if a coupon is a thing of value; with Mr. Knox responding there could be exceptions for coupons and free games. The Board discussed whether or not coupons are things of value. Commissioner O'Brien advised other questions were, "On the November ballot, legalized gambling was put forth for the approval or disapproval by Florida residents. State legislators did not arbitrarily decide this issue for its residents. Why does this Board refuse to consider having this issue on a ballot; and, why has there been no documented investigation into this issue where both sides have an opportunity to show this Board why this ordinance shall or shall not be in effect?" He stated the Board held two public hearings to receive input from its residents. He stated other questions were, "Is there any Commissioner who is a member of any charity that would benefit from the approval or disapproval of this ordinance; and has any Commissioner received any promises of endorsement or promise of financial contributions to their campaign should they vote to approve or disapprove this ordinance?" He stated the answer is no, not that he is aware of. He stated another question is, "If a charity is sponsoring a bingo game for one particular charity, i.e. Education Fund, are those proceeds allowed to be donated to any other charitable organization?" He stated no, if the bingo ordinance states that. Commissioner Cook stated the revenue has to go to the charity indicated.

Chairman Higgs advised the effective date is within ten days; and inquired if it should be 30 or 60 days to have time to be ready to take applications. Commissioner Ellis stated there would be a dead period if the Board did not do that. Commissioner Cook stated 60 days would be preferable to allow cities to know the ordinance is going into effect as they have the option to opt out. Mr. Knox advised the ten days is the time in which it has to be filed with the Secretary of State to be effective; the portion the Board is discussing is that it shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that the ordinance was filed; however, the Board can make the effective date 60 days after that.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to provide an effective date 60 days after receipt of official acknowledgment from the Office of the Secretary of State that the ordinance has been filed. Motion carried and ordered unanimously.

Commissioner Cook commented the cities have options with regard to the ordinance; a lot has been said about taxpayer's money, etc.; and that is sometimes thrown out without knowing if it is going to cost anything to the taxpayers. He noted most people want to comply with the law and will comply; so he does not see where there will be a burden on the taxpayers.

Commissioner Ellis advised he will not support the ordinance for the same reason he gave many times; when the ordinance is enacted and everyone finds out what it means, there can be a lot of unhappy people, not just the commercial hall operators, but also charity bingo operators. He stated the whole problem started over illegal jackpots; the solution needed was to address the illegal jackpots; but the Board has a lot more ordinance here than it needs.

Chairman Higgs stated she supports the ordinance; there were several issues brought to the Board's attention, and the illegal jackpot was one; the use of nonprofits by people who were not legitimate nonprofits and the lack of profits they were giving to the charitable organizations were other reasons; and the number of days people were allowed to operate was another factor that brought the ordinance to the Board's attention.

Commissioner Cook advised the ordinance does not shut down bingo in Brevard County and it does not stop it from occurring in commercial bingo halls.

Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered; Commissioner Ellis voted nay.

Upon motion and vote, the meeting adjourned at 7:40 p.m.

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
(S E A L)