Proposed Committee Substitute by the Committee on Regulated

Industries

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A bill to be entitled

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An act relating to the lottery; amending s. 24.113, F.S.;

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removing a provision limiting the percentage of the same

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type of minority retailer that the Department of the

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Lottery may contract with to 35 percent; amending s.

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24.118, F.S.; clarifying the use of debit cards when

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purchasing lottery tickets; providing that such purchase

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need not be in addition to the purchase of goods and

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services; amending s. 24.120, F.S.; providing for the

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payment of ticket service providers before funds are

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deposited into the Operating Trust Fund; amending s.

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24.121, F.S.; removing from administrative expenses the

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costs incurred by the department for tickets and

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distributing tickets; providing an effective date.

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

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     Section 1.  Subsection (1) of section 24.113, Florida

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Statutes, is amended to read:

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     24.113  Minority participation.--

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     (1)  It is the intent of the Legislature that the department

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encourage participation by minority business enterprises as

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defined in s. 288.703. Accordingly, 15 percent of the retailers

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shall be minority business enterprises as defined in s.

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288.703(2); however, no more than 35 percent of such retailers

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shall be owned by the same type of minority person, as defined in

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s. 288.703(3). The department is encouraged to meet the minority

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business enterprise procurement goals set forth in s. 287.09451

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in the procurement of commodities, contractual services,

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construction, and architectural and engineering services. This

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section shall not preclude or prohibit a minority person from

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competing for any other retailing or vending agreement awarded by

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the department.

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     Section 2.  Subsection (1) of section 24.118, Florida

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Statutes, is amended to read:

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     24.118  Other prohibited acts; penalties.--

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     (1)  UNLAWFUL EXTENSIONS OF CREDIT.--Any retailer who

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extends credit or lends money to a person for the purchase of a

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lottery ticket commits is guilty of a misdemeanor of the second

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degree, punishable as provided in s. 775.082 or s. 775.083. This

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subsection does shall not be construed to prohibit the purchase

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of a lottery ticket through the use of a credit card, or charge

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card, debit card, or other instrument issued by a bank, savings

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association, credit union, or charge card company or by a

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retailer pursuant to part II of chapter 520, provided that any

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such purchase from a retailer with a credit or charge card shall

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be in addition to the purchase of goods and services other than

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lottery tickets having a cost of no less than $20. Such purchase

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from a retailer through the use of a debit card is not subject to

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the requirement to purchase goods and services other than lottery

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tickets.

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     Section 3.  Subsection (1) of section 24.120, Florida

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Statutes, is amended to read:

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     24.120  Financial matters; Operating Trust Fund; interagency

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cooperation.--

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     (1)  There is hereby created in the State Treasury an

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Operating Trust Fund to be administered in accordance with

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chapters 215 and 216 by the department. All money received by the

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department which remains after payment of prizes and initial

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compensation paid to retailers and vendor service fees paid to

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lottery ticket service providers shall be deposited into the

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Operating Trust Fund. All moneys in the trust fund are

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appropriated to the department for the purposes specified in this

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act.

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     Section 4.  Subsection (3) of section 24.121, Florida

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Statutes, is amended to read:

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     24.121  Allocation of revenues and expenditure of funds for

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public education.--

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     (3)  The funds remaining in the Operating Trust Fund after

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transfers to the Educational Enhancement Trust Fund shall be used

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for the payment of administrative expenses of the department.

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These expenses shall include all costs incurred in the operation

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and administration of the lottery and all costs resulting from

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any contracts entered into for the purchase or lease of goods or

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services required by the lottery, including, but not limited to:

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     (a)  The compensation paid to retailers;

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     (b) The costs of supplies, materials, tickets, independent

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audit services, independent studies, data transmission,

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advertising, promotion, incentives, public relations,

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communications, security, bonding for retailers, printing,

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distribution of tickets, and reimbursing other governmental

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entities for services provided to the lottery; and

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     (c)  The costs of any other goods and services necessary for

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effectuating the purposes of this act.

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     Section 5.  This act shall take effect July 1, 2008.