Florida Senate - 2012                              CS for SB 902
       
       
       
       By the Committee on Budget; and Senator Jones
       
       
       
       
       576-03453-12                                           2012902c1
    1                        A bill to be entitled                      
    2         An act relating to the Department of the Lottery;
    3         amending s. 24.105, F.S.; deleting a provision
    4         relating to player-activated vending machines;
    5         conforming provisions to changes made by the act;
    6         amending s. 24.111, F.S.; revising the requirement
    7         that the Department of the Lottery lease certain
    8         vending machines; amending s. 24.112, F.S.; allowing
    9         vending machines to dispense lottery tickets if
   10         certain requirements are met; providing an effective
   11         date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Paragraph (a) of subsection (9) of section
   16  24.105, Florida Statutes, is amended to read:
   17         24.105 Powers and duties of department.—The department
   18  shall:
   19         (9) Adopt rules governing the establishment and operation
   20  of the state lottery, including:
   21         (a) The type of lottery games to be conducted, except that:
   22         1. No name of an elected official shall appear on the
   23  ticket or play slip of any lottery game or on any prize or on
   24  any instrument used for the payment of prizes, unless such prize
   25  is in the form of a state warrant.
   26         2. No coins or currency shall be dispensed from any
   27  electronic computer terminal or device used in any lottery game.
   28         3. Other than as specifically provided in s. 24.112
   29  subparagraph 4., no terminal or device may be used for any
   30  lottery game which may be operated solely by the player without
   31  the assistance of the retailer.
   32         4. The only player-activated machine which may be utilized
   33  is a machine which dispenses instant lottery game tickets
   34  following the insertion of a coin or currency by a ticket
   35  purchaser. To be authorized a machine must: be under the
   36  supervision and within the direct line of sight of the lottery
   37  retailer to ensure that the machine is monitored and only
   38  operated by persons at least 18 years of age; be capable of
   39  being electronically deactivated by the retailer to prohibit use
   40  by persons less than 18 years of age through the use of a
   41  lockout device that maintains the machine’s deactivation for a
   42  period of no less than 5 minutes; and be designed to prevent its
   43  use or conversion for use in any manner other than the
   44  dispensing of instant lottery tickets. Authorized machines may
   45  dispense change to players purchasing tickets but may not be
   46  utilized for paying the holders of winning tickets of any kind.
   47  At least one clerk must be on duty at the lottery retailer while
   48  the machine is in operation. However, at least two clerks must
   49  be on duty at any lottery location which has violated s.
   50  24.1055.
   51         Section 2. Paragraph (h) of subsection (2) of section
   52  24.111, Florida Statutes, is amended to read:
   53         24.111 Vendors; disclosure and contract requirements.—
   54         (2) The department shall investigate the financial
   55  responsibility, security, and integrity of each vendor with
   56  which it intends to negotiate a contract for major procurement.
   57  Such investigation may include an investigation of the financial
   58  responsibility, security, and integrity of any or all persons
   59  whose names and addresses are required to be disclosed pursuant
   60  to paragraph (a). Any person who submits a bid, proposal, or
   61  offer as part of a major procurement must, at the time of
   62  submitting such bid, proposal, or offer, provide the following:
   63         (h) The department shall lease all instant ticket vending
   64  machines that dispense online lottery tickets, instant lottery
   65  tickets, or both online and instant lottery tickets.
   66  
   67  The department shall not contract with any vendor who fails to
   68  make the disclosures required by this subsection, and any
   69  contract with a vendor who has failed to make the required
   70  disclosures shall be unenforceable. Any contract with any vendor
   71  who does not comply with such requirements for periodically
   72  updating such disclosures during the tenure of such contract as
   73  may be specified in such contract may be terminated by the
   74  department. This subsection shall be construed broadly and
   75  liberally to achieve the ends of full disclosure of all
   76  information necessary to allow for a full and complete
   77  evaluation by the department of the competence, integrity,
   78  background, and character of vendors for major procurements.
   79         Section 3. Subsection (15) is added to section 24.112,
   80  Florida Statutes, to read:
   81         24.112 Retailers of lottery tickets; authorization of
   82  vending machines to dispense lottery tickets.—
   83         (15) A vending machine may be used to dispense online
   84  lottery tickets, instant lottery tickets, or both online and
   85  instant lottery tickets.
   86         (a) The vending machine must:
   87         1. Dispense a lottery ticket after a purchaser inserts a
   88  coin or currency in the machine.
   89         2. Be capable of being electronically deactivated for a
   90  period of 5 minutes or more.
   91         3. Be designed to prevent its use for any purpose other
   92  than dispensing a lottery ticket.
   93         (b) In order to be authorized to use a vending machine to
   94  dispense lottery tickets, a retailer must:
   95         1. Locate the vending machine in the retailer’s direct line
   96  of sight to ensure that purchases are only made by persons at
   97  least 18 years of age.
   98         2. Ensure that at least one employee is on duty when the
   99  vending machine is available for use. However, if the retailer
  100  has previously violated s. 24.1055, at least two employees must
  101  be on duty when the vending machine is available for use.
  102         (c) A vending machine that dispenses a lottery ticket may
  103  dispense change to a purchaser but may not be used to redeem any
  104  type of winning lottery ticket.
  105         (d) The vending machine, or any machine or device linked to
  106  the vending machine, may not include or make use of video reels
  107  or mechanical reels or other video depictions of slot machine or
  108  casino game themes or titles for game play. This does not
  109  preclude the use of casino game themes or titles on such tickets
  110  or signage or advertising displays on the machines.
  111         Section 4. This act shall take effect July 1, 2012.