CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. SB 1816

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Thomas moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause,

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16  and insert:

17         Section 1.  Section 24.1153, Florida Statutes, is

18  created to read:

19         24.1153  Assignment of prizes payable in installments

20  over time.--

21         (1)  The right of any person to receive payments under

22  a prize that is paid in installments over time by the

23  department may be voluntarily assigned, in whole or in part,

24  if the assignment is made to a person or entity designated

25  pursuant to an order of a court of competent jurisdiction

26  located in the judicial district where the assigning prize

27  winner resides or where the headquarters of the department is

28  located. A court may issue an order approving a voluntary

29  assignment and directing the department to make prize payments

30  in whole or in part to the designated assignee, if the court

31  finds that all of the following conditions have been met:

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                                                  SENATE AMENDMENT

    Bill No. SB 1816

    Amendment No.    





 1         (a)  The assignment is in writing, is executed by the

 2  assignor, and is, by its terms, subject to the laws of this

 3  state.

 4         (b)  The purchase price being paid for the payments

 5  being assigned represents a present value of the payments

 6  being assigned, discounted at an annual rate that does not

 7  exceed the state's usury limit for loans.

 8         (c)  The assignor provides a sworn affidavit attesting

 9  that he or she:

10         1.  Is of sound mind, is in full command of his or her

11  faculties, and is not acting under duress;

12         2.  Has been advised regarding the assignment by his or

13  her own independent legal counsel, who is unrelated to and is

14  not being compensated by the assignee or any of the assignee's

15  affiliates, and has received independent financial or tax

16  advice concerning the effects of the assignment from a lawyer

17  or other professional who is unrelated to and is not being

18  compensated by the assignee or any of the assignee's

19  affiliates;

20         3.  Understands that he or she will not receive the

21  prize payments or portions thereof for the years assigned;

22         4.  Understands and agrees that with regard to the

23  assigned payments the department and its officials and

24  employees will have no further liability or responsibility to

25  make the assigned payments to him or her;

26         5.  Has been provided with a one-page written

27  disclosure statement setting forth, in bold type of not less

28  than 14 points, the payments being assigned, by amounts and

29  payment dates; the purchase price being paid; the rate of

30  discount to present value, assuming daily compounding and

31  funding on the contract date; and the amount, if any, of any

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                                                  SENATE AMENDMENT

    Bill No. SB 1816

    Amendment No.    





 1  origination or closing fees that will be charged to him or

 2  her; and

 3         6.  Was advised in writing, at the time he or she

 4  signed the assignment contract, that he or she had the right

 5  to cancel the contract, without any further obligation, within

 6  3 business days following the date on which the contract was

 7  signed.

 8         (d)  Written notice of the proposed assignment and any

 9  court hearing concerning the proposed assignment is provided

10  to the department's counsel at least 10 days prior to any

11  court hearing. The department is not required to appear in or

12  be named as a party to any such action seeking judicial

13  confirmation of an assignment under this section, but may

14  intervene as of right in any such proceeding.

15         (2)  A certified copy of a court order approving a

16  voluntary assignment must be provided to the department no

17  later than 14 days before the date on which the payment is to

18  be made.

19         (3)  In accordance with the provisions of s. 24.115(4),

20  a voluntary assignment may not include or cover payments or

21  portions of payments that are subject to offset on account of

22  a defaulted or delinquent child-support obligation or on

23  account of a debt owed to a state agency. Each court order

24  issued under subsection (1) shall provide that any delinquent

25  child-support obligations of the assigning prize winner and

26  any debts owed to a state agency by the assigning prize

27  winner, as of the date of the court order, shall be offset by

28  the department first against remaining payments or portions

29  thereof due the the prize winner and then against payments due

30  the assignee.

31         (4)  The department, and its respective officials and

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                                                  SENATE AMENDMENT

    Bill No. SB 1816

    Amendment No.    





 1  employees, shall be discharged of all liability upon payment

 2  of an assigned prize under this section.

 3         (5)  The department may establish a reasonable fee to

 4  defray any administrative expenses associated with assignments

 5  made under this section, including the cost to the department

 6  of any processing fee that may be imposed by a private annuity

 7  provider. The fee amount shall reflect the direct and indirect

 8  costs associated with processing such assignments.

 9         (6)  If at any time the Internal Revenue Service or a

10  court of competent jurisdiction issues a determination letter,

11  revenue ruling, other public ruling of the Internal Revenue

12  Service, or published decision to any state lottery or prize

13  winner of any state lottery declaring that the voluntary

14  assignment of prizes will affect the federal income tax

15  treatment of prize winners who do not assign their prizes, the

16  secretary of the department shall immediately file a copy of

17  that letter, ruling, or published decision with the Secretary

18  of State and the Office of the State Courts Administrator. A

19  court may not issue an order authorizing a voluntary

20  assignment under this section after the date any such ruling,

21  letter, or published decision is filed.

22         Section 2.  Paragraph (a) of subsection (1) of section

23  24.115, Florida Statutes, is amended to read:

24         24.115  Payment of prizes.--

25         (1)  The department shall promulgate rules to establish

26  a system of verifying the validity of tickets claimed to win

27  prizes and to effect payment of such prizes; however:

28         (a)  The right of any person to a prize, other than a

29  prize that is payable in installments over time, is shall not

30  be assignable. However, any a prize, to the extent that it has

31  not been assigned or encumbered pursuant to s. 24.1153, may be

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                                                  SENATE AMENDMENT

    Bill No. SB 1816

    Amendment No.    





 1  paid to the estate of a deceased prize winner or to a person

 2  designated pursuant to an appropriate court judicial order. A

 3  prize that is payable in installments over time is assignable,

 4  but only pursuant to an appropriate court order as provided in

 5  s. 24.1153.

 6         Section 3.  The Department of the Lottery shall seek

 7  from the United States Internal Revenue Service a

 8  determination letter or revenue ruling declaring that the

 9  voluntary assignment of prizes under this act will not affect

10  the federal income tax treatment of prize winners who do not

11  assign their prizes.

12         Section 4.  This act shall take effect upon becoming a

13  law, except that sections 1 and 2 shall take effect September

14  1, 1999, or upon receipt by the Department of the Lottery of

15  the declaration sought under section 3, whichever occurs

16  earlier.

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19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         Delete everything before the enacting clause,

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23  and insert:

24                      A bill to be entitled

25         An act relating to the state lotteries;

26         creating s. 24.1153, F.S.; authorizing the

27         assignment of certain prizes pursuant to a

28         court order and providing requirements

29         therefor; providing for the securing of funds

30         offset for child-support payments or debts owed

31         to a state agency; exempting the Department of

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                                                  SENATE AMENDMENT

    Bill No. SB 1816

    Amendment No.    





 1         the Lottery from liability upon payment of an

 2         assigned prize; authorizing a fee to defray the

 3         administrative expenses associated with such

 4         assignments; providing circumstances under

 5         which such court orders may no longer be

 6         issued; amending s. 24.115, F.S., relating to

 7         payment of prizes, to conform; requiring the

 8         department to seek a declaration concerning the

 9         tax consequences of the right of assignment for

10         those who do not assign their prizes; providing

11         effective dates.

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