Florida Senate - 2014                                    SB 1130
       
       
        
       By Senator Richter
       
       
       
       
       
       23-00585A-14                                          20141130__
    1                        A bill to be entitled                      
    2         An act relating to point-of-sale terminals; amending
    3         s. 24.103, F.S.; defining the term “point-of-sale
    4         terminal”; amending s. 24.105, F.S.; authorizing the
    5         Department of the Lottery to create a program that
    6         authorizes a person to purchase a lottery ticket or
    7         game at a point-of-sale terminal; authorizing the
    8         department to adopt rules; amending s. 24.112, F.S.;
    9         authorizing the department, a retailer operating from
   10         one or more locations, or a vendor approved by the
   11         department to use a point-of-sale terminal to sell
   12         lottery tickets or games; requiring a point-of-sale
   13         terminal to perform certain functions; prohibiting a
   14         point-of-sale terminal from dispensing money for
   15         winnings; authorizing winnings to be directly
   16         deposited into a player’s account pursuant to a
   17         process approved by the department; prohibiting a
   18         point-of-sale terminal from including video depictions
   19         of slot machine or casino game themes or titles for
   20         game play; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 24.103, Florida Statutes, is reordered
   25  and amended to read:
   26         24.103 Definitions.—As used in this act, the term:
   27         (1) “Department” means the Department of the Lottery.
   28         (6)(2) “Secretary” means the secretary of the department.
   29         (3) “Person” means any individual, firm, association, joint
   30  adventure, partnership, estate, trust, syndicate, fiduciary,
   31  corporation, or other group or combination and includes an shall
   32  include any agency or political subdivision of the state.
   33         (4) “Point-of-sale terminal” means an electronic device
   34  used to process credit card, debit card, or other similar charge
   35  card payments at retail locations which is supported by a
   36  payment network that enables verification, transfer of funds,
   37  and logging of transactions.
   38         (2)(4) “Major procurement” means a procurement for a
   39  contract for the printing of tickets for use in any lottery
   40  game, consultation services for the startup of the lottery, any
   41  goods or services involving the official recording for lottery
   42  game play purposes of a player’s selections in any lottery game
   43  involving player selections, any goods or services involving the
   44  receiving of a player’s selection directly from a player in any
   45  lottery game involving player selections, any goods or services
   46  involving the drawing, determination, or generation of winners
   47  in any lottery game, the security report services provided for
   48  in this act, or any goods and services relating to marketing and
   49  promotion which exceed a value of $25,000.
   50         (5) “Retailer” means a person who sells lottery tickets on
   51  behalf of the department pursuant to a contract.
   52         (7)(6) “Vendor” means a person who provides or proposes to
   53  provide goods or services to the department, but does not
   54  include an employee of the department, a retailer, or a state
   55  agency.
   56         Section 2. Present subsections (19) and (20) of section
   57  24.105, Florida Statutes, are redesignated as subsections (20)
   58  and (21), respectively, and a new subsection (19) is added to
   59  that section, to read:
   60         24.105 Powers and duties of department.—The department
   61  shall:
   62         (19) Have the authority to create a program that allows a
   63  person who is 18 years of age or older to purchase a lottery
   64  ticket or game at a point-of-sale terminal. The department may
   65  adopt rules to administer the program.
   66         Section 3. Section 24.112, Florida Statutes, is amended to
   67  read:
   68         24.112 Retailers of lottery tickets; authorization of
   69  vending machines; point-of-sale terminals to dispense lottery
   70  tickets.—
   71         (1) The department shall promulgate rules specifying the
   72  terms and conditions for contracting with retailers who will
   73  best serve the public interest and promote the sale of lottery
   74  tickets.
   75         (2) In the selection of retailers, the department shall
   76  consider factors such as financial responsibility, integrity,
   77  reputation, accessibility of the place of business or activity
   78  to the public, security of the premises, the sufficiency of
   79  existing retailers to serve the public convenience, and the
   80  projected volume of the sales for the lottery game involved. In
   81  the consideration of these factors, the department may require
   82  the information it deems necessary of any person applying for
   83  authority to act as a retailer. However, the department may not
   84  establish a limitation upon the number of retailers and shall
   85  make every effort to allow small business participation as
   86  retailers. It is the intent of the Legislature that retailer
   87  selections be based on business considerations and the public
   88  convenience and that retailers be selected without regard to
   89  political affiliation.
   90         (3) The department may shall not contract with any person
   91  as a retailer who:
   92         (a) Is less than 18 years of age.
   93         (b) Is engaged exclusively in the business of selling
   94  lottery tickets; however, this paragraph may shall not preclude
   95  the department from selling lottery tickets.
   96         (c) Has been convicted of, or entered a plea of guilty or
   97  nolo contendere to, a felony committed in the preceding 10
   98  years, regardless of adjudication, unless the department
   99  determines that:
  100         1. The person has been pardoned or the person’s civil
  101  rights have been restored;
  102         2. Subsequent to such conviction or entry of plea the
  103  person has engaged in the kind of law-abiding commerce and good
  104  citizenship that would reflect well upon the integrity of the
  105  lottery; or
  106         3. If the person is a firm, association, partnership,
  107  trust, corporation, or other entity, the person has terminated
  108  its relationship with the individual whose actions directly
  109  contributed to the person’s conviction or entry of plea.
  110         (4) The department shall issue a certificate of authority
  111  to each person with whom it contracts as a retailer for purposes
  112  of display pursuant to subsection (6). The issuance of the
  113  certificate may shall not confer upon the retailer any right
  114  apart from that specifically granted in the contract. The
  115  authority to act as a retailer may shall not be assignable or
  116  transferable.
  117         (5) A Any contract executed by the department pursuant to
  118  this section shall specify the reasons for any suspension or
  119  termination of the contract by the department, including, but
  120  not limited to:
  121         (a) Commission of a violation of this act or rule adopted
  122  pursuant thereto.
  123         (b) Failure to accurately account for lottery tickets,
  124  revenues, or prizes as required by the department.
  125         (c) Commission of any fraud, deceit, or misrepresentation.
  126         (d) Insufficient sale of tickets.
  127         (e) Conduct prejudicial to public confidence in the
  128  lottery.
  129         (f) Any material change in any matter considered by the
  130  department in executing the contract with the retailer.
  131         (6) Each Every retailer shall post and keep conspicuously
  132  displayed in a location on the premises accessible to the public
  133  its certificate of authority and, with respect to each game, a
  134  statement supplied by the department of the estimated odds of
  135  winning a some prize for the game.
  136         (7) A No contract with a retailer may not shall authorize
  137  the sale of lottery tickets at more than one location, and a
  138  retailer may sell lottery tickets only at the location stated on
  139  the certificate of authority.
  140         (8) With respect to any retailer whose rental payments for
  141  premises are contractually computed, in whole or in part, on the
  142  basis of a percentage of retail sales, and where such
  143  computation of retail sales is not explicitly defined to include
  144  sales of tickets in a state-operated lottery, the compensation
  145  received by the retailer from the department shall be deemed to
  146  be the amount of the retail sale for the purposes of such
  147  contractual compensation.
  148         (9)(a) The department may require each every retailer to
  149  post an appropriate bond as determined by the department, using
  150  an insurance company acceptable to the department, in an amount
  151  not to exceed twice the average lottery ticket sales of the
  152  retailer for the period within which the retailer is required to
  153  remit lottery funds to the department. For the first 90 days of
  154  sales of a new retailer, the amount of the bond may not exceed
  155  twice the average estimated lottery ticket sales for the period
  156  within which the retailer is required to remit lottery funds to
  157  the department. This paragraph does shall not apply to lottery
  158  tickets that which are prepaid by the retailer.
  159         (b) In lieu of such bond, the department may purchase
  160  blanket bonds covering all or selected retailers or may allow a
  161  retailer to deposit and maintain with the Chief Financial
  162  Officer securities that are interest bearing or accruing and
  163  that, with the exception of those specified in subparagraphs 1.
  164  and 2., are rated in one of the four highest classifications by
  165  an established nationally recognized investment rating service.
  166  Securities eligible under this paragraph shall be limited to:
  167         1. Certificates of deposit issued by solvent banks or
  168  savings associations organized and existing under the laws of
  169  this state or under the laws of the United States and having
  170  their principal place of business in this state.
  171         2. United States bonds, notes, and bills for which the full
  172  faith and credit of the government of the United States is
  173  pledged for the payment of principal and interest.
  174         3. General obligation bonds and notes of any political
  175  subdivision of the state.
  176         4. Corporate bonds of any corporation that is not an
  177  affiliate or subsidiary of the depositor.
  178  
  179  Such securities shall be held in trust and shall have at all
  180  times a market value at least equal to an amount required by the
  181  department.
  182         (10) Each Every contract entered into by the department
  183  pursuant to this section shall contain a provision for payment
  184  of liquidated damages to the department for any breach of
  185  contract by the retailer.
  186         (11) The department shall establish procedures by which
  187  each retailer shall account for all tickets sold by the retailer
  188  and account for all funds received by the retailer from such
  189  sales. The contract with each retailer shall include provisions
  190  relating to the sale of tickets, payment of moneys to the
  191  department, reports, service charges, and interest and
  192  penalties, if necessary, as the department shall deem
  193  appropriate.
  194         (12) No payment by a retailer to the department for tickets
  195  shall be in cash. All such payments shall be in the form of a
  196  check, bank draft, electronic fund transfer, or other financial
  197  instrument authorized by the secretary.
  198         (13) Each retailer shall provide accessibility for disabled
  199  persons on habitable grade levels. This subsection does not
  200  apply to a retail location that which has an entrance door
  201  threshold more than 12 inches above ground level. As used in
  202  herein and for purposes of this subsection only, the term
  203  “accessibility for disabled persons on habitable grade levels”
  204  means that retailers shall provide ramps, platforms, aisles and
  205  pathway widths, turnaround areas, and parking spaces to the
  206  extent these are required for the retailer’s premises by the
  207  particular jurisdiction where the retailer is located.
  208  Accessibility shall be required to only one point of sale of
  209  lottery tickets for each lottery retailer location. The
  210  requirements of this subsection shall be deemed to have been met
  211  if, in lieu of the foregoing, disabled persons can purchase
  212  tickets from the retail location by means of a drive-up window,
  213  provided the hours of access at the drive-up window are not less
  214  than those provided at any other entrance at that lottery
  215  retailer location. Inspections for compliance with this
  216  subsection shall be performed by those enforcement authorities
  217  responsible for enforcement pursuant to s. 553.80 in accordance
  218  with procedures established by those authorities. Those
  219  enforcement authorities shall provide to the Department of the
  220  Lottery a certification of noncompliance for any lottery
  221  retailer not meeting such requirements.
  222         (14) The secretary may, after filing with the Department of
  223  State his or her manual signature certified by the secretary
  224  under oath, execute or cause to be executed contracts between
  225  the department and retailers by means of engraving, imprinting,
  226  stamping, or other facsimile signature.
  227         (15) A vending machine may be used to dispense online
  228  lottery tickets, instant lottery tickets, or both online and
  229  instant lottery tickets.
  230         (a) The vending machine must:
  231         1. Dispense a lottery ticket after a purchaser inserts a
  232  coin or currency in the machine.
  233         2. Be capable of being electronically deactivated for a
  234  period of 5 minutes or more.
  235         3. Be designed to prevent its use for any purpose other
  236  than dispensing a lottery ticket.
  237         (b) In order to be authorized to use a vending machine to
  238  dispense lottery tickets, a retailer must:
  239         1. Locate the vending machine in the retailer’s direct line
  240  of sight to ensure that purchases are only made by persons at
  241  least 18 years of age.
  242         2. Ensure that at least one employee is on duty when the
  243  vending machine is available for use. However, if the retailer
  244  has previously violated s. 24.1055, at least two employees must
  245  be on duty when the vending machine is available for use.
  246         (c) A vending machine that dispenses a lottery ticket may
  247  dispense change to a purchaser but may not be used to redeem any
  248  type of winning lottery ticket.
  249         (d) The vending machine, or any machine or device linked to
  250  the vending machine, may not include or make use of video reels
  251  or mechanical reels or other video depictions of slot machine or
  252  casino game themes or titles for game play. This does not
  253  preclude the use of casino game themes or titles on such tickets
  254  or signage or advertising displays on the machines.
  255         (16)(a) The department, a retailer operating from one or
  256  more locations, or a vendor approved by the department may use a
  257  point-of-sale terminal to facilitate the sale of lottery tickets
  258  or games. A point-of-sale terminal must:
  259         1. Dispense or communicate some form of verifiable lottery
  260  game play, receipt, or ticket after the purchaser uses a credit
  261  card, debit card, charge card, or other similar card issued by a
  262  bank, savings association, credit union, or charge card company
  263  or issued by a retailer pursuant to part II of chapter 520;
  264         2. Recognize a valid driver license or use another age
  265  verification process approved by the department to ensure that
  266  only persons at least 18 years of age may purchase a lottery
  267  ticket or game;
  268         3.Process lottery transactions through a platform that is
  269  certified or otherwise approved by the department; and
  270         4. Be in compliance with all applicable department
  271  requirements related to the lottery tickets or games offered for
  272  sale, including play limits and restrictions on the types of
  273  cards that are accepted for payment.
  274         (b) A point-of-sale terminal may not dispense money to pay
  275  a winning lottery ticket or game; however, winnings may be
  276  directly deposited into a player’s account pursuant to a process
  277  approved by the department.
  278         (c) A point-of-sale terminal may not include or make use of
  279  video reels or mechanical reels or other video depictions of
  280  slot machine or casino game themes or titles for game play. This
  281  does not preclude the use of casino game themes or titles on a
  282  lottery ticket or game or on the signage or advertising displays
  283  on the terminal.
  284         Section 4. This act shall take effect upon becoming a law.