Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for HB 843
       
       
       
       
       
       
                                Barcode 706706                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/R/2R          .                                
             03/09/2012 06:51 PM       .                                
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       Senator Hays moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (9) of section
    6  24.105, Florida Statutes, is amended to read:
    7         24.105 Powers and duties of department.—The department
    8  shall:
    9         (9) Adopt rules governing the establishment and operation
   10  of the state lottery, including:
   11         (a) The type of lottery games to be conducted, except that:
   12         1. No name of an elected official shall appear on the
   13  ticket or play slip of any lottery game or on any prize or on
   14  any instrument used for the payment of prizes, unless such prize
   15  is in the form of a state warrant.
   16         2. No coins or currency shall be dispensed from any
   17  electronic computer terminal or device used in any lottery game.
   18         3. Other than as specifically provided in s. 24.112
   19  subparagraph 4., no terminal or device may be used for any
   20  lottery game which may be operated solely by the player without
   21  the assistance of the retailer.
   22         4. The only player-activated machine which may be utilized
   23  is a machine which dispenses instant lottery game tickets
   24  following the insertion of a coin or currency by a ticket
   25  purchaser. To be authorized a machine must: be under the
   26  supervision and within the direct line of sight of the lottery
   27  retailer to ensure that the machine is monitored and only
   28  operated by persons at least 18 years of age; be capable of
   29  being electronically deactivated by the retailer to prohibit use
   30  by persons less than 18 years of age through the use of a
   31  lockout device that maintains the machine’s deactivation for a
   32  period of no less than 5 minutes; and be designed to prevent its
   33  use or conversion for use in any manner other than the
   34  dispensing of instant lottery tickets. Authorized machines may
   35  dispense change to players purchasing tickets but may not be
   36  utilized for paying the holders of winning tickets of any kind.
   37  At least one clerk must be on duty at the lottery retailer while
   38  the machine is in operation. However, at least two clerks must
   39  be on duty at any lottery location which has violated s.
   40  24.1055.
   41         Section 2. Paragraph (h) of subsection (2) of section
   42  24.111, Florida Statutes, is amended to read:
   43         24.111 Vendors; disclosure and contract requirements.—
   44         (2) The department shall investigate the financial
   45  responsibility, security, and integrity of each vendor with
   46  which it intends to negotiate a contract for major procurement.
   47  Such investigation may include an investigation of the financial
   48  responsibility, security, and integrity of any or all persons
   49  whose names and addresses are required to be disclosed pursuant
   50  to paragraph (a). Any person who submits a bid, proposal, or
   51  offer as part of a major procurement must, at the time of
   52  submitting such bid, proposal, or offer, provide the following:
   53         (h) The department shall lease all instant ticket vending
   54  machines that dispense online lottery tickets, instant lottery
   55  tickets, or both online and instant lottery tickets.
   56  
   57  The department shall not contract with any vendor who fails to
   58  make the disclosures required by this subsection, and any
   59  contract with a vendor who has failed to make the required
   60  disclosures shall be unenforceable. Any contract with any vendor
   61  who does not comply with such requirements for periodically
   62  updating such disclosures during the tenure of such contract as
   63  may be specified in such contract may be terminated by the
   64  department. This subsection shall be construed broadly and
   65  liberally to achieve the ends of full disclosure of all
   66  information necessary to allow for a full and complete
   67  evaluation by the department of the competence, integrity,
   68  background, and character of vendors for major procurements.
   69         Section 3. Subsection (15) is added to section 24.112,
   70  Florida Statutes, to read:
   71         24.112 Retailers of lottery tickets; authorization of
   72  vending machines to dispense lottery tickets.—
   73         (15) A vending machine may be used to dispense online
   74  lottery tickets, instant lottery tickets, or both online and
   75  instant lottery tickets.
   76         (a) The vending machine must:
   77         1. Dispense a lottery ticket after a purchaser inserts a
   78  coin or currency in the machine.
   79         2. Be capable of being electronically deactivated for a
   80  period of 5 minutes or more.
   81         3. Be designed to prevent its use for any purpose other
   82  than dispensing a lottery ticket.
   83         (b) In order to be authorized to use a vending machine to
   84  dispense lottery tickets, a retailer must:
   85         1. Locate the vending machine in the retailer’s direct line
   86  of sight to ensure that purchases are only made by persons at
   87  least 18 years of age.
   88         2. Ensure that at least one employee is on duty when the
   89  vending machine is available for use. However, if the retailer
   90  has previously violated s. 24.1055, at least two employees must
   91  be on duty when the vending machine is available for use.
   92         (c) A vending machine that dispenses a lottery ticket may
   93  dispense change to a purchaser but may not be used to redeem any
   94  type of winning lottery ticket.
   95         (d) The vending machine, or any machine or device linked to
   96  the vending machine, may not include or make use of video reels
   97  or mechanical reels or other video depictions of slot machine or
   98  casino game themes or titles for game play. This does not
   99  preclude the use of casino game themes or titles on such tickets
  100  or signage or advertising displays on the machines.
  101         Section 4. This act shall take effect July 1, 2012.
  102  
  103  ================= T I T L E  A M E N D M E N T ================
  104         And the title is amended as follows:
  105         Delete everything before the enacting clause
  106  and insert:
  107                        A bill to be entitled                      
  108         An act relating to the Department of the Lottery;
  109         amending s. 24.105, F.S.; deleting a provision
  110         relating to player-activated vending machines;
  111         conforming provisions to changes made by the act;
  112         amending s. 24.111, F.S.; revising the requirement
  113         that the Department of the Lottery lease certain
  114         vending machines; amending s. 24.112, F.S.; allowing
  115         vending machines to dispense lottery tickets if
  116         certain requirements are met; providing an effective
  117         date.