House Bill hb1949

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    Florida House of Representatives - 2002                HB 1949

        By the Committee on Business Regulation and
    Representatives Kyle and Kallinger





  1                      A bill to be entitled

  2         An act relating to the lottery; amending ss.

  3         24.105 and 24.111, F.S.; deleting provisions

  4         for the sale of lottery tickets through

  5         player-activated vending machines; repealing s.

  6         24.1055, F.S., relating to sale of lottery

  7         tickets to minors and posting of signs;

  8         providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Paragraph (a) of subsection (9) of section

13  24.105, Florida Statutes, is amended to read:

14         24.105  Powers and duties of department.--The

15  department shall:

16         (9)  Adopt rules governing the establishment and

17  operation of the state lottery, including:

18         (a)  The type of lottery games to be conducted, except

19  that:

20         1.  No name of an elected official shall appear on the

21  ticket or play slip of any lottery game or on any prize or on

22  any instrument used for the payment of prizes, unless such

23  prize is in the form of a state warrant.

24         2.  No coins or currency shall be dispensed from any

25  electronic computer terminal or device used in any lottery

26  game.

27         3.  Other than as provided in subparagraph 4., No

28  terminal or device may be used for any lottery game which may

29  be operated solely by the player without the assistance of the

30  retailer.

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    Florida House of Representatives - 2002                HB 1949

    190-986-02






  1         4.  The only player-activated machine which may be

  2  utilized is a machine which dispenses instant lottery game

  3  tickets following the insertion of a coin or currency by a

  4  ticket purchaser. To be authorized a machine must: be under

  5  the supervision and within the direct line of sight of the

  6  lottery retailer to ensure that the machine is monitored and

  7  only operated by persons at least 18 years of age; be capable

  8  of being electronically deactivated by the retailer to

  9  prohibit use by persons less than 18 years of age through the

10  use of a lockout device that maintains the machine's

11  deactivation for a period of no less than 5 minutes; and be

12  designed to prevent its use or conversion for use in any

13  manner other than the dispensing of instant lottery tickets.

14  Authorized machines may dispense change to players purchasing

15  tickets but may not be utilized for paying the holders of

16  winning tickets of any kind. At least one clerk must be on

17  duty at the lottery retailer while the machine is in

18  operation. However, at least two clerks must be on duty at any

19  lottery location which has violated s. 24.1055.

20         Section 2.  Paragraphs (h) and (i) of subsection (2) of

21  section 24.111, Florida Statutes, are amended to read:

22         24.111  Vendors; disclosure and contract

23  requirements.--

24         (2)  The department shall investigate the financial

25  responsibility, security, and integrity of each vendor with

26  which it intends to negotiate a contract for major

27  procurement. Such investigation may include an investigation

28  of the financial responsibility, security, and integrity of

29  any or all persons whose names and addresses are required to

30  be disclosed pursuant to paragraph (a). Any person who submits

31  a bid, proposal, or offer as part of a major procurement must,

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    Florida House of Representatives - 2002                HB 1949

    190-986-02






  1  at the time of submitting such bid, proposal, or offer,

  2  provide the following:

  3         (h)  The department shall lease all instant ticket

  4  vending machines.

  5         (h)(i)  The department will require a performance bond

  6  for the duration of the contract.

  7

  8  The department shall not contract with any vendor who fails to

  9  make the disclosures required by this subsection, and any

10  contract with a vendor who has failed to make the required

11  disclosures shall be unenforceable. Any contract with any

12  vendor who does not comply with such requirements for

13  periodically updating such disclosures during the tenure of

14  such contract as may be specified in such contract may be

15  terminated by the department. This subsection shall be

16  construed broadly and liberally to achieve the ends of full

17  disclosure of all information necessary to allow for a full

18  and complete evaluation by the department of the competence,

19  integrity, background, and character of vendors for major

20  procurements.

21         Section 3.  Section 24.1055, Florida Statutes, is

22  repealed.

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

24  law.

25

26            *****************************************

27                          HOUSE SUMMARY

28
      Removes provisions that allow the use of player-activated
29    machines which dispense lottery tickets and requirements
      for such machines. See bill for details.
30

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