Florida Senate - 2009                                    SB 1080
       
       
       
       By Senator Smith
       
       
       
       
       29-01679-09                                           20091080__
    1                        A bill to be entitled                      
    2         An act relating to operation of the Florida Lottery;
    3         amending s. 20.317, F.S.; clarifying provisions
    4         concerning regional offices; amending s. 24.101, F.S.;
    5         revising a reference; amending s. 24.102, F.S.;
    6         revising provisions relating to legislative intent to
    7         provide for operation of the lottery under a
    8         management agreement; amending s. 24.103, F.S.;
    9         providing and revising definitions; amending s.
   10         24.104, F.S.; revising language concerning the purpose
   11         of the Department of the Lottery to permit contracting
   12         with a manager; amending s. 24.105, F.S.; revising
   13         provisions concerning the powers and duties of the
   14         department to allow for possible contracting with a
   15         manager; providing that specified provisions apply
   16         regardless of whether the department contracts with a
   17         manager; deleting obsolete language; amending s.
   18         24.107, F.S.; revising provisions concerning
   19         advertising and promotion of lottery games to conform
   20         to the possibility of contracting with a manager;
   21         amending ss. 24.108 and 24.111, F.S.; revising
   22         provisions relating to security and contracts for
   23         goods or services to conform to the possibility of
   24         contracting with a manager; creating s. 24.1115, F.S.;
   25         providing for a management agreement under which the
   26         lottery may be operated; providing intent; providing
   27         definitions; limiting the duration of such an
   28         agreement; providing limits on the games that may be
   29         offered under such an agreement; providing for an
   30         initial payment to the department by a manager;
   31         providing for royalty payments by a manager; providing
   32         for collection of funds in excess of a specified
   33         baseline growth percentage to ensure that the manager
   34         does not earn excess revenue; providing requirements
   35         for the contents of a management agreement; requiring
   36         periodic investigations of the performance by a
   37         manager; providing for a request for qualifications
   38         process to select a manager; providing for the public
   39         records status of specified materials under existing
   40         exemptions; providing for negotiations between one or
   41         more offerors and the department; providing selection
   42         procedures; requiring a public hearing; providing for
   43         designation of a manager by the Governor; providing
   44         for status of debt offering by the manager; providing
   45         for a time period for challenges to designation of a
   46         manager; providing department powers; prohibiting the
   47         department from selling the authorization to manage
   48         the lottery; providing that there is no prohibition on
   49         additional legislative authorization of other forms of
   50         gambling; amending s. 24.112, F.S.; revising
   51         provisions concerning retailers of lottery tickets to
   52         conform to the possibility of contracting with a
   53         manager; amending s. 24.113, F.S.; providing that
   54         provisions concerning minority participation also
   55         apply if the lottery contracts with a manager;
   56         amending ss. 24.114, 24.115, 24.1153, 24.117, 24.118,
   57         and 24.120, F.S.; revising provisions relating to bank
   58         deposits and control of lottery transactions, payment
   59         of prizes, assignment of prizes payable in
   60         installments, penalties for unlawful sale of lottery
   61         tickets, breach of confidentiality, and unlawful
   62         representation, and financial matters to conform to
   63         the possibility of contracting with a manager;
   64         amending s. 24.121, F.S.; revising provisions relating
   65         to allocation of revenues and expenditure of funds for
   66         public education to conform to the possibility of
   67         contracting with a manager; providing for a minimum
   68         allocation of proceeds received under a management
   69         agreement to the Florida Bright Futures Scholarship
   70         Program; amending ss. 24.122, 24.123, and 24.124,
   71         F.S.; revising provisions relating to exemption from
   72         taxation, state preemption, inapplicability of other
   73         laws, annual audit of financial records and reports,
   74         responsibility for ticket accuracy, and liability to
   75         conform to the possibility of contracting with a
   76         manager; providing an effective date.
   77         
   78  Be It Enacted by the Legislature of the State of Florida:
   79         
   80         Section 1. Subsection (3) of section 20.317, Florida
   81  Statutes, is amended to read:
   82         20.317 Department of the Lottery.—There is created a
   83  Department of the Lottery.
   84         (3) The headquarters of the department shall be located in
   85  Tallahassee. However, the department may establish such regional
   86  offices throughout the state as the secretary deems necessary to
   87  perform its duties concerning the efficient operation of the
   88  state lottery.
   89         Section 2. Section 24.101, Florida Statutes, is amended to
   90  read:
   91         24.101 Short title.—This chapter act may be cited as the
   92  “Florida Public Education Lottery Act.”
   93         Section 3. Section 24.102, Florida Statutes, is amended to
   94  read:
   95         24.102 Purpose and intent.—
   96         (1) The purpose of this chapter act is to implement s. 15,
   97  Art. X of the State Constitution in a manner that enables the
   98  people of the state to benefit from significant additional
   99  moneys for education and also enables the people of the state to
  100  play the best lottery games available.
  101         (2) The intent of the Legislature is:
  102         (a) That the net proceeds of lottery games conducted
  103  pursuant to this chapter act be used to support improvements in
  104  public education and that such proceeds not be used as a
  105  substitute for existing resources for public education.
  106         (b) That the lottery games be operated by a department of
  107  state government that functions as much as possible in the
  108  manner of an entrepreneurial business enterprise or with the
  109  assistance of an entrepreneurial business enterprise under a
  110  management agreement overseen by the department. The Legislature
  111  recognizes that the operation of a lottery is a unique activity
  112  for state government and that structures and procedures
  113  appropriate to the performance of other governmental functions
  114  are not necessarily appropriate to the operation of a state
  115  lottery.
  116         (c) That the lottery games be operated by a self
  117  supporting, revenue-producing department or with the assistance
  118  of an entrepreneurial business enterprise under a management
  119  agreement with government oversight.
  120         (d) That the department be accountable to the Legislature
  121  and the people of the state through a system of audits and
  122  reports and through compliance with financial disclosure, open
  123  meetings, and public records laws and that any entity contracted
  124  with under a management agreement must also be accountable to
  125  the Legislature and the people of the state.
  126         Section 4. Section 24.103, Florida Statutes, is amended to
  127  read:
  128         24.103 Definitions.—As used in this chapter act:
  129         (1) “Department” means the Department of the Lottery.
  130         (2)(4) “Major procurement” means a procurement for a
  131  contract for the printing of tickets for use in any lottery
  132  game, consultation services for the startup of the lottery, any
  133  goods or services involving the official recording for lottery
  134  game play purposes of a player's selections in any lottery game
  135  involving player selections, any goods or services involving the
  136  receiving of a player's selection directly from a player in any
  137  lottery game involving player selections, any goods or services
  138  involving the drawing, determination, or generation of winners
  139  in any lottery game, the security report services provided for
  140  in this chapter act, or any goods and services relating to
  141  marketing and promotion that which exceed a value of $25,000.
  142         (3) “Management agreement” means that agreement entered
  143  into pursuant to which the state may contract with a manager to
  144  provide management services to the lottery, although under such
  145  an agreement the department shall continue to manage and operate
  146  the lottery, and further pursuant to which the manager may
  147  receive certain lottery ticket or share sales and related
  148  proceeds in consideration of the payment of a fee or fees to the
  149  state.
  150         (4) “Manager” means an entity that provides management
  151  services to the lottery on behalf of the department under a
  152  management agreement.
  153         (5)(3) “Person” means any individual, firm, association,
  154  joint adventure, partnership, estate, trust, syndicate,
  155  fiduciary, corporation, or other group or combination and shall
  156  include any agency or political subdivision of the state.
  157         (6)(5) “Retailer” means a person who sells lottery tickets
  158  on behalf of the department or the manager pursuant to a
  159  contract.
  160         (7)(2) “Secretary” means the secretary of the department.
  161         (8)(6) “Vendor” means a person who provides or proposes to
  162  provide goods or services to the department, but does not
  163  include an employee of the department, a retailer, or a state
  164  agency.
  165         Section 5. Section 24.104, Florida Statutes, is amended to
  166  read:
  167         24.104 Department; purpose.—The purpose of the department
  168  is to operate the state lottery as authorized by s. 15, Art. X
  169  of the State Constitution with or without a manager so as to
  170  maximize revenues in a manner consonant with the dignity of the
  171  state and the welfare of its citizens.
  172         Section 6. Subsections (2), (4), (6), (7), (8), (9), (11),
  173  (15), (17), (18), and (19) of section 24.105, Florida Statutes,
  174  are amended to read:
  175         24.105 Powers and duties of department.—The department
  176  shall:
  177         (2) Supervise and administer the operation of the lottery
  178  with or without a manager in accordance with the provisions of
  179  this chapter act and rules adopted pursuant thereto.
  180         (4) Submit monthly and annual reports to the Governor, the
  181  Chief Financial Officer, the President of the Senate, and the
  182  Speaker of the House of Representatives disclosing the total
  183  lottery revenues, prize disbursements, and other expenses of the
  184  department during the preceding month or, if the lottery has
  185  entered into a management agreement, comparable information
  186  provided by the manager. The annual report shall additionally
  187  describe the organizational structure of the department,
  188  including its hierarchical structure, and shall identify the
  189  divisions and bureaus created by the secretary and summarize the
  190  departmental functions performed by each.
  191         (6) Maintain weekly or more frequent records of lottery
  192  transactions, including the distribution of tickets to
  193  retailers, revenues received, claims for prizes, prizes paid,
  194  and other financial transactions of the department. If the
  195  department has entered into a management agreement, the
  196  agreement shall require the manager to maintain comparable
  197  information.
  198         (7) Make a continuing study of the lottery to ascertain any
  199  defects of this chapter act or rules adopted thereunder which
  200  could result in abuses in the administration of the lottery;
  201  make a continuing study of the operation and the administration
  202  of similar laws in other states and of federal laws that which
  203  may affect the lottery; and, if the department has not entered
  204  into a management agreement, make a continuing study of the
  205  reaction of the public to existing and potential features of the
  206  lottery.
  207         (8) If the department does not enter into a management
  208  agreement, conduct such market research as is necessary or
  209  appropriate, which may include an analysis of the demographic
  210  characteristics of the players of each lottery game and an
  211  analysis of advertising, promotion, public relations,
  212  incentives, and other aspects of communications.
  213         (9) Adopt rules governing the establishment and operation
  214  of the state lottery, including:
  215         (a)1. If the department does not enter into a management
  216  agreement, the type of lottery games to be conducted.
  217         2. Regardless of whether the department has entered into a
  218  management agreement, except that:
  219         a.1. No name of an elected official shall appear on the
  220  ticket or play slip of any lottery game or on any prize or on
  221  any instrument used for the payment of prizes, unless such prize
  222  is in the form of a state warrant.
  223         b.2. No coins or currency shall be dispensed from any
  224  electronic computer terminal or device used in any lottery game.
  225         c.3. Other than as provided in sub-subparagraph d.
  226  subparagraph 4., no terminal or device may be used for any
  227  lottery game that which may be operated solely by the player
  228  without the assistance of the retailer.
  229         d.4. The only player-activated machine that which may be
  230  utilized is a machine that which dispenses instant lottery game
  231  tickets following the insertion of a coin or currency by a
  232  ticket purchaser. To be authorized a machine must: be under the
  233  supervision and within the direct line of sight of the lottery
  234  retailer to ensure that the machine is monitored and only
  235  operated by persons at least 18 years of age and; be capable of
  236  being electronically deactivated by the retailer to prohibit use
  237  by persons less than 18 years of age through the use of a
  238  lockout device that maintains the machine's deactivation for a
  239  period of no less than 5 minutes unless the machine uses a
  240  method of verifying the age of an operator that the department
  241  certifies is equivalent or superior to line-of-sight monitoring
  242  and lockout by the retailer. Such a machine must also; and be
  243  designed to prevent its use or conversion for use in any manner
  244  other than the dispensing of instant lottery tickets. Authorized
  245  machines may dispense change to players purchasing tickets but
  246  may not be utilized for paying the holders of winning tickets of
  247  any kind. At least one clerk must be on duty at the lottery
  248  retailer while the machine is in operation. However, at least
  249  two clerks must be on duty at any lottery location that which
  250  has violated s. 24.1055.
  251         (b) If the department does not enter into a management
  252  agreement, the sales price of tickets.
  253         (c) If the department does not enter into a management
  254  agreement, the number and sizes of prizes.
  255         (d) If the department does not enter into a management
  256  agreement, the method of selecting winning tickets. However,
  257  regardless of whether the department has entered into a
  258  management agreement, if a lottery game involves a drawing, the
  259  drawing shall be public and witnessed by an accountant employed
  260  by an independent certified public accounting firm. The
  261  equipment used in the drawing shall be inspected before and
  262  after the drawing.
  263         (e) If the department does not enter into a management
  264  agreement, the manner of payment of prizes to holders of winning
  265  tickets.
  266         (f) If the department does not enter into a management
  267  agreement, the frequency of drawings or selections of winning
  268  tickets.
  269         (g) If the department does not enter into a management
  270  agreement, the number and type of locations at which tickets may
  271  be purchased.
  272         (h) If the department does not enter into a management
  273  agreement, the method to be used in selling tickets.
  274         (i) If the department does not enter into a management
  275  agreement, the manner and amount of compensation of retailers.
  276         (j) Such other matters necessary or desirable for the
  277  efficient or economical operation of the lottery or for the
  278  convenience of the public.
  279         (11) In the selection of games and method of selecting
  280  winning tickets, be sensitive to the impact of the lottery upon
  281  the pari-mutuel industry and, accordingly, the department or the
  282  manager, if any, may use for any game the theme of horseracing,
  283  dogracing, or jai alai and may allow a lottery game to be based
  284  upon a horserace, dograce, or jai alai activity so long as the
  285  outcome of such lottery game is determined entirely by chance.
  286         (15) Or the manager, if any, shall have the authority to
  287  charge fees to persons applying for contracts as vendors or
  288  retailers, which fees are reasonably calculated to cover the
  289  costs of investigations and other activities related to the
  290  processing of the application.
  291         (17) Or the manager, if any, shall, in accordance with the
  292  provisions of this chapter act, enter into contracts with
  293  retailers so as to provide adequate and convenient availability
  294  of tickets to the public for each game.
  295         (18) Or the manager, if any, shall have the authority to
  296  enter into agreements with other states for the operation and
  297  promotion of a multistate lottery if such agreements are in the
  298  best interest of the state lottery. The authority conferred by
  299  this subsection is not effective until 1 year after the first
  300  day of lottery ticket sales.
  301         (19) Employ division directors and other staff as may be
  302  necessary to carry out the provisions of this chapter act;
  303  however:
  304         (a) No person shall be employed by the department who has
  305  been convicted of, or entered a plea of guilty or nolo
  306  contendere to, a felony committed in the preceding 10 years,
  307  regardless of adjudication, unless the department determines
  308  that:
  309         1. The person has been pardoned or his or her civil rights
  310  have been restored; or
  311         2. Subsequent to such conviction or entry of plea the
  312  person has engaged in the kind of law-abiding commerce and good
  313  citizenship that would reflect well upon the integrity of the
  314  lottery.
  315         (b) No officer or employee of the department having
  316  decisionmaking authority shall participate in any decision
  317  involving any vendor or retailer with whom the officer or
  318  employee has a financial interest. No such officer or employee
  319  may participate in any decision involving any vendor or retailer
  320  with whom the officer or employee has discussed employment
  321  opportunities without the approval of the secretary or, if such
  322  officer is the secretary, without the approval of the Governor.
  323  Any officer or employee of the department shall notify the
  324  secretary of any such discussion or, if such officer is the
  325  secretary, he or she shall notify the Governor. A violation of
  326  this paragraph is punishable in accordance with s. 112.317.
  327         (c) No officer or employee of the department who leaves the
  328  employ of the department shall represent any vendor or retailer
  329  or the manager, if any, before the department regarding any
  330  specific matter in which the officer or employee was involved
  331  while employed by the department, for a period of 1 year
  332  following cessation of employment with the department. A
  333  violation of this paragraph is punishable in accordance with s.
  334  112.317.
  335         (d) The department shall establish and maintain a personnel
  336  program for its employees, including a personnel classification
  337  and pay plan which may provide any or all of the benefits
  338  provided in the Senior Management Service or Selected Exempt
  339  Service. Each officer or employee of the department shall be a
  340  member of the Florida Retirement System. The retirement class of
  341  each officer or employee shall be the same as other persons
  342  performing comparable functions for other agencies. Employees of
  343  the department shall serve at the pleasure of the secretary and
  344  shall be subject to suspension, dismissal, reduction in pay,
  345  demotion, transfer, or other personnel action at the discretion
  346  of the secretary. Such personnel actions are exempt from the
  347  provisions of chapter 120. All employees of the department are
  348  exempt from the Career Service System provided in chapter 110
  349  and, notwithstanding the provisions of s. 110.205(5), are not
  350  included in either the Senior Management Service or the Selected
  351  Exempt Service. However, all employees of the department are
  352  subject to all standards of conduct adopted by rule for career
  353  service and senior management employees pursuant to chapter 110.
  354  In the event of a conflict between standards of conduct
  355  applicable to employees of the Department of the Lottery the
  356  more restrictive standard shall apply. Interpretations as to the
  357  more restrictive standard may be provided by the Commission on
  358  Ethics upon request of an advisory opinion pursuant to s.
  359  112.322(3)(a), for purposes of this subsection the opinion shall
  360  be considered final action.
  361         (e) If the department enters into a management agreement,
  362  no employee or contractor of the manager shall receive
  363  membership in the Florida Retirement System or any other state
  364  retirement or other state employee benefits on the basis of such
  365  employment or contract.
  366         Section 7. Section 24.107, Florida Statutes, is amended to
  367  read:
  368         24.107 Advertising and promotion of lottery games.—
  369         (1) The Legislature recognizes the need for extensive and
  370  effective advertising and promotion of lottery games. It is the
  371  intent of the Legislature that such advertising and promotion be
  372  consistent with the dignity and integrity of the state. In
  373  advertising the value of a prize that will be paid over a period
  374  of years, the department or the manager, if any, may refer to
  375  the sum of all prize payments over the period.
  376         (2) The department or the manager, if any, may act as a
  377  retailer and may conduct promotions that which involve the
  378  dispensing of lottery tickets free of charge.
  379         Section 8. Subsections (2), (5), (6), and (7) of section
  380  24.108, Florida Statutes, are amended to read:
  381         24.108 Division of Security; duties; security report.—
  382         (2) The director and all investigators employed by the
  383  division shall meet the requirements for employment and
  384  appointment provided by s. 943.13 and shall satisfy the
  385  requirements for certification established by the Criminal
  386  Justice Standards and Training Commission pursuant to chapter
  387  943. The director and such investigators shall be designated law
  388  enforcement officers and shall have the power to investigate and
  389  arrest for any alleged violation of this chapter act or any rule
  390  adopted pursuant thereto, or any law of this state. Such law
  391  enforcement officers may enter upon any premises in which
  392  lottery tickets are sold, manufactured, printed, or stored
  393  within the state for the performance of their lawful duties and
  394  may take with them any necessary equipment, and such entry shall
  395  not constitute a trespass. In any instance in which there is
  396  reason to believe that a violation has occurred, such officers
  397  have the authority, without warrant, to search and inspect any
  398  premises where the violation is alleged to have occurred or is
  399  occurring. Any such officer may, consistent with the United
  400  States and Florida Constitutions, seize or take possession of
  401  any papers, records, tickets, currency, or other items related
  402  to any alleged violation.
  403         (5) The Department of Law Enforcement shall provide
  404  assistance in obtaining criminal history information relevant to
  405  investigations required for honest, secure, and exemplary
  406  lottery operations, and such other assistance as may be
  407  requested by the secretary and agreed to by the executive
  408  director of the Department of Law Enforcement. Any other state
  409  agency, including the Department of Business and Professional
  410  Regulation and the Department of Revenue, shall, upon request,
  411  provide the Department of the Lottery with any information
  412  relevant to any investigation conducted pursuant to this chapter
  413  act. The Department of the Lottery shall maintain the
  414  confidentiality of any confidential information it receives from
  415  any other agency. The Department of the Lottery shall reimburse
  416  any agency for the actual cost of providing any assistance
  417  pursuant to this subsection.
  418         (6) If the department does not enter into a management
  419  agreement, the division shall monitor ticket validation and
  420  lottery drawings.
  421         (7)(a) If the department does not enter into a management
  422  agreement After the first full year of sales of tickets to the
  423  public, or sooner if the secretary deems necessary, the
  424  department shall, as it deems appropriate, but at least once
  425  every 2 years engage an independent firm experienced in security
  426  procedures, including, but not limited to, computer security and
  427  systems security, to conduct a comprehensive study and
  428  evaluation of all aspects of security in the operation of the
  429  department.
  430         (b) The portion of the security report containing the
  431  overall evaluation of the department in terms of each aspect of
  432  security shall be presented to the Governor, the President of
  433  the Senate, and the Speaker of the House of Representatives. The
  434  portion of the security report containing specific
  435  recommendations shall be confidential and shall be presented
  436  only to the secretary, the Governor, and the Auditor General;
  437  however, upon certification that such information is necessary
  438  for the purpose of effecting legislative changes, such
  439  information shall be disclosed to the President of the Senate
  440  and the Speaker of the House of Representatives, who may
  441  disclose such information to members of the Legislature and
  442  legislative staff as necessary to effect such purpose. However,
  443  any person who receives a copy of such information or other
  444  information that which is confidential pursuant to this chapter
  445  act or rule of the department shall maintain its
  446  confidentiality. The confidential portion of the report is
  447  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
  448  of the State Constitution.
  449         (c) Thereafter, similar studies of security shall be
  450  conducted as the department deems appropriate but at least once
  451  every 2 years.
  452         Section 9. Subsection (1) and paragraph (h) of subsection
  453  (2) of section 24.111, Florida Statutes, are amended to read:
  454         24.111 Vendors; disclosure and contract requirements.—
  455         (1) The department may enter into contracts for the
  456  purchase, lease, or lease-purchase of such goods or services as
  457  are necessary for effectuating the purposes of this chapter act.
  458  The department may not contract with any person or entity for
  459  the total operation and administration of the state lottery
  460  established by this chapter as provided in s. 24.1115 or act but
  461  may make procurements that which integrate functions such as
  462  lottery game design, supply of goods and services, and
  463  advertising. In all procurement decisions, the department shall
  464  take into account the particularly sensitive nature of the state
  465  lottery and shall consider the competence, quality of product,
  466  experience, and timely performance of the vendors in order to
  467  promote and ensure security, honesty, fairness, and integrity in
  468  the operation and administration of the lottery and the
  469  objective of raising net revenues for the benefit of the public
  470  purpose described in this chapter act.
  471         (2) The department shall investigate the financial
  472  responsibility, security, and integrity of each vendor with
  473  which it intends to negotiate a contract for major procurement.
  474  Such investigation may include an investigation of the financial
  475  responsibility, security, and integrity of any or all persons
  476  whose names and addresses are required to be disclosed pursuant
  477  to paragraph (a). Any person who submits a bid, proposal, or
  478  offer as part of a major procurement must, at the time of
  479  submitting such bid, proposal, or offer, provide the following:
  480         (h) If the department does not enter into a management
  481  agreement, it The department shall lease all instant ticket
  482  vending machines.
  483  The department shall not contract with any vendor who fails to
  484  make the disclosures required by this subsection, and any
  485  contract with a vendor who has failed to make the required
  486  disclosures shall be unenforceable. Any contract with any vendor
  487  who does not comply with such requirements for periodically
  488  updating such disclosures during the tenure of such contract as
  489  may be specified in such contract may be terminated by the
  490  department. This subsection shall be construed broadly and
  491  liberally to achieve the ends of full disclosure of all
  492  information necessary to allow for a full and complete
  493  evaluation by the department of the competence, integrity,
  494  background, and character of vendors for major procurements.
  495         Section 10. Section 24.1115, Florida Statutes, is created
  496  to read:
  497         24.1115Management agreement.—
  498         (1) In construing this section, it is the intent of the
  499  Legislature that the manager be accountable to the Legislature
  500  and the people of this state through a system of audits and
  501  reports and by complying with the financial disclosure
  502  requirements of this section. The powers conferred by this
  503  section are in addition and supplemental to the powers conferred
  504  by any other law. If any other law or rule is inconsistent with
  505  this section, this section is controlling as to any management
  506  agreement entered into under this section.
  507         (2) As used in this section, the term:
  508         (a) “Offeror” means a person or group of persons that
  509  responds to a request for qualifications under this section.
  510         (b) “Request for qualifications” means all materials and
  511  documents prepared by the department to solicit the following
  512  from offerors:
  513         1. Statements of qualifications.
  514         2. Proposals to enter into a management agreement.
  515         (c) “Selected offer” means the final offer of an offeror
  516  that is the preliminary selection to be the manager for the
  517  lottery under subsection (12).
  518         (3)(a) This section contains full and complete authority
  519  for a management agreement between the department and a manager
  520  and any rules adopted thereunder. No law, procedure, proceeding,
  521  publication, notice, consent, approval, order, or act by the
  522  department or any other officer, department, agency, or
  523  instrumentality of the state or any political subdivision is
  524  required for the department to enter into a management agreement
  525  under this section.
  526         (b) This section contains full and complete authority for
  527  the department to approve any subcontracts entered into by a
  528  manager under the terms of a management agreement.
  529         (4) Subject to the other provisions of this section, the
  530  department may enter into a management agreement with a manager
  531  for a term not to exceed 30 years.
  532         (5) The department may not enter into a management
  533  agreement that authorizes a manager to operate any of the
  534  following games or a game simulating any of the following games:
  535         (a) Video lottery games.
  536         (b) Pari-mutuel wagering on any form of racing.
  537         (c) A game in which winners are selected on the results of
  538  a race or sporting event.
  539         (d) Any other game commonly considered to be a form of
  540  gambling that is not a game or a variation of a game that the
  541  department operated before the management agreement is executed
  542  or is operating on the date the management agreement is
  543  executed.
  544         (6)(a) The management agreement must establish a
  545  substantial benchmark amount. The management agreement must
  546  require the manager to make an initial payment to the department
  547  on the effective date of the management agreement in an amount
  548  that exceeds the benchmark amount established in the management
  549  agreement.
  550         (b) The initial payment required under paragraph (a) shall
  551  be deposited as provided in s. 24.121.
  552         (c) If the manager fails to make any payment under this
  553  section by the due date of the payment, the management agreement
  554  is terminated.
  555         (7)(a) The management agreement must require that all
  556  lottery proceeds initially be directly deposited with the state.
  557  The state shall provide sums due to the manager under the
  558  agreement only after all of the manger's obligations to the
  559  state have been satisfied.
  560         (b) The manager shall pay a royalty in the amount equal to
  561  one quarter of the lottery's annual profits in the last full
  562  fiscal year preceding the agreement to the department four times
  563  each year beginning on a date that is specified in the
  564  management agreement and that occurs during the first year after
  565  the execution of the management agreement. The payments received
  566  under this subsection shall be deposited as provided in s.
  567  24.121.
  568         (c) The management agreement must include the following
  569  provisions to ensure that the manager does not earn excess
  570  revenue under the management agreement:
  571         1. The Office of Policy and Budget in the Executive Office
  572  of the Governor shall calculate the percentage rate of average
  573  annual growth in gross revenue earned by the department during
  574  the last 5 full state fiscal years preceding the commencement of
  575  the management agreement. For purposes of this subsection, this
  576  percentage is referred to as the “baseline growth percentage.“
  577         2. Beginning with the second full state fiscal year after
  578  the execution of the management agreement, the Office of Policy
  579  and Budget in the Executive Office of the Governor shall for
  580  each state fiscal year calculate the growth, expressed as a
  581  percentage, in gross revenue earned by the manager under the
  582  management agreement, as compared to the preceding state fiscal
  583  year.
  584         3. The department shall establish an excess payments
  585  account for purposes of this paragraph. Any earnings from money
  586  in the excess payments account accrue to the account. Money in
  587  the excess payments account may be used only to make payments to
  588  a manager as required by this paragraph and to receive payments
  589  from a manager as required by this paragraph.
  590         4. If the percentage calculated by the Office of Policy and
  591  Budget in the Executive Office of the Governor under
  592  subparagraph 2. for a particular state fiscal year exceeds the
  593  baseline growth percentage, the manager must make an additional
  594  payment to the department. The amount of the additional payment
  595  for the state fiscal year is equal to the gross revenue earned
  596  by the manager from lottery tickets in the state fiscal year
  597  multiplied by one-half the difference between the percentage
  598  calculated by the Office of Policy and Budget in the Executive
  599  Office of the Governor under subparagraph 2. for the state
  600  fiscal year and the baseline growth percentage. The department
  601  shall deposit any additional payment made by the manager under
  602  this subparagraph into the excess payments account.
  603         5. If the baseline growth percentage exceeds the percentage
  604  calculated by the Office of Policy and Budget in the Executive
  605  Office of the Governor under subparagraph 2. for a particular
  606  state fiscal year, the department must make a payment to the
  607  manager from the excess payments account. However, the
  608  department is required to make a payment to the manager only if
  609  the excess payments account has a positive balance. The amount
  610  of the payment by the department for the state fiscal year is
  611  equal to the lesser of:
  612         a. The result of the gross revenue earned by the manager
  613  from lottery tickets in the state fiscal year multiplied by one
  614  half the difference between the baseline growth percentage and
  615  the percentage calculated by the Office of Policy and Budget in
  616  the Executive Office of the Governor under subparagraph 2. for
  617  the state fiscal year; or
  618         b. The balance in the excess payments account.
  619         6. The management agreement must specify the time by which
  620  a payment required under this paragraph shall be made.
  621         7. If at the expiration or termination of the management
  622  agreement there is money remaining in the excess payments
  623  account, it shall be retained by the department and deposited as
  624  provided in s. 24.121.
  625         (8) A management agreement must contain the following:
  626         (a) The original term of the management agreement.
  627         (b) A requirement that the manager locate its principal
  628  office within this state.
  629         (c) So long as manager complies with all the conditions of
  630  the agreement under the oversight of the department, the manager
  631  shall perform its duties and obligations with respect to
  632  management of the operation of the lottery, including the
  633  following:
  634         1. The right to use, or ownership of, equipment and other
  635  assets used in the operation of the lottery.
  636         2. The rights and obligations under contracts with
  637  retailers and vendors.
  638         3. The implementation of a comprehensive security program
  639  by the manager.
  640         4. The implementation of a comprehensive system of internal
  641  audits.
  642         5. The implementation of a program by the manager to curb
  643  compulsive gambling by persons playing the lottery.
  644         6. A system for determining the following:
  645         a. The type of lottery games to be conducted.
  646         b. The method of selecting winning tickets.
  647         c. The manner of payment of prizes to holders of winning
  648  tickets.
  649         d. The frequency of drawings of winning tickets.
  650         e. The method to be used in selling tickets.
  651         f. A system for verifying the validity of tickets claimed
  652  to be winning tickets.
  653         g. The basis upon which retailer commissions are
  654  established by the manager.
  655         h. Minimum payouts.
  656         7. A requirement that advertising and promotion must be
  657  consistent with the dignity and integrity of the state.
  658         (d) Guidelines to ensure that advertising and promoting of
  659  the lottery by the manager are not misleading and fairly balance
  660  the potential benefits and the potential costs and risks of
  661  playing lottery games.
  662         (e) A code of ethics for the manager's officers and
  663  employees.
  664         (f) Monitoring of the manager's practices by the department
  665  and the taking of action that the department considers
  666  appropriate to ensure that the manager is in compliance with the
  667  terms of the management agreement, while allowing the manager,
  668  unless specifically prohibited by law or the management
  669  agreement, to negotiate and sign its own contracts with vendors.
  670         (g) A provision requiring the manager to periodically file
  671  appropriate financial statements in a form and manner acceptable
  672  to the department.
  673         (h) Cash reserve requirements.
  674         (i) Procedural requirements for obtaining approval by the
  675  department when a management agreement or an interest in a
  676  management agreement is sold, assigned, transferred, or pledged
  677  as collateral to secure financing. A management agreement or an
  678  interest in a management agreement may not be sold, assigned,
  679  transferred, or pledged as collateral to secure financing
  680  without the approval of the department.
  681         (j) Grounds for termination of the management agreement by
  682  the department or the manager.
  683         (k) Procedures for amendment of the agreement.
  684         (l) A provision prohibiting the department from entering
  685  into another management agreement under this section as long as
  686  the original management agreement has not been terminated.
  687         (m) The transition of rights and obligations, including any
  688  associated equipment or other assets used in the operation of
  689  the lottery, from the manager to any successor manager of the
  690  lottery, including the department, following the termination of
  691  or foreclosure upon the management agreement.
  692         (n) Ownership of all copyrights, trademarks, and service
  693  marks by the department in the name of the state and that any
  694  use of them by the manager shall only be for the purpose of
  695  fulfilling its obligations under the management agreement during
  696  the term of the agreement.
  697         (o) Minority participation as provided in s. 24.113.
  698         (9)(a) The manager shall undergo a complete investigation
  699  every 3 years by the department to determine whether the manager
  700  remains in compliance with this chapter and the management
  701  agreement.
  702         (b) The manager shall bear the cost of an investigation or
  703  reinvestigation of the manager under this subsection.
  704         (10)(a) Before the department enters into a management
  705  agreement pursuant to this section, the secretary, as provided
  706  in subsection (17), may retain an advisor or advisors to the
  707  assess fiscal feasibility of such an agreement and help
  708  determine whether to proceed. Such an advisor may also be
  709  retained by the department to represent the department in the
  710  request for qualifications process, if one is commenced. If the
  711  secretary decides to pursue the possibility of a management
  712  agreement, a request for qualifications must be issued as set
  713  forth in this section. A request for qualifications for a
  714  management agreement may be issued in one or more phases.
  715         (b) A request for qualifications must include the
  716  following:
  717         1. The factors or criteria that will be used in evaluating
  718  an offeror's statement of qualifications and proposal.
  719         2. A statement that a proposal must be accompanied by
  720  evidence of the offeror's financial responsibility.
  721         3. A statement concerning whether discussions may be
  722  conducted with the offerors for the purpose of clarification to
  723  ensure full understanding of and responsiveness to the
  724  solicitation requirements.
  725         4. A statement concerning any other information to be
  726  considered in evaluating the offeror's qualifications and
  727  proposal.
  728         (c) Notice of a request for qualifications shall be
  729  published twice at least 7 calendar days apart, with the second
  730  publication made at least 7 days before any initial submission
  731  is due.
  732         (d) As provided in a request for qualifications,
  733  discussions may be conducted with the offerors for the purpose
  734  of clarification to ensure full understanding of and
  735  responsiveness to the solicitation requirements.
  736         (11) The contents of proposals are competitive sealed
  737  replies in response to an invitation to negotiate for purposes
  738  of s. 119.071(1)(b) and are exempt from s. 119.07(1) and s.
  739  24(a), Art. I of the State Constitution until disclosure of the
  740  contents that are not otherwise exempt under s. 119.071 or other
  741  law is required under s. 119.071(1)(b).
  742         (12)(a) The department may negotiate with one or more
  743  offerors the department determines are responsible and
  744  reasonably capable of managing the lottery and may seek to
  745  obtain a final offer from one or more of those offerors.
  746         (b) The department shall consider the statement of
  747  qualifications and the proposals to enter into a management
  748  agreement that are submitted in response to a request for
  749  qualifications in making a determination under this section,
  750  including the following as they apply to the offeror and its
  751  partners, if any:
  752         1. Expertise, qualifications, competence, skills, and plan
  753  to perform obligations under the management agreement in
  754  accordance with the management agreement.
  755         2. Financial strength, including capitalization and
  756  available financial resources.
  757         3. Experience in operating government-authorized lotteries
  758  and gaming and other similar projects and the quality of any
  759  past or present performance on similar or equivalent
  760  engagements.
  761         4. Integrity, background, and reputation.
  762         (c) The requirements set forth in paragraph (b) also apply
  763  to the approval of any successor manager.
  764         (13)(a) After the final offers from offerors have been
  765  negotiated under subsection (12), the department shall:
  766         1. Make a preliminary selection of an offeror as the
  767  manager for the lottery; or
  768         2. Terminate the request for qualifications process.
  769         (b) If the department makes a preliminary selection of the
  770  manager under this subsection, the department shall schedule a
  771  public hearing on the preliminary selection and provide public
  772  notice of the hearing at least 7 days before the hearing. The
  773  notice must include the following:
  774         1. The date, time, and place of the hearing.
  775         2. The subject matter of the hearing.
  776         3. A brief description of the management agreement to be
  777  awarded.
  778         4. The identity of the offeror that has been preliminarily
  779  selected as the manager.
  780         5. The address and telephone number of the department.
  781         6. A statement indicating that, subject to subsection (11),
  782  and except for those parts that are confidential under s.
  783  119.071 or other applicable law, the selected offer and an
  784  explanation of the basis upon which the preliminary selection
  785  was made are available for public inspection and copying at the
  786  principal office of the department during regular business hours
  787  and, to the extent feasible, on the Internet.
  788         (c) Subject to subsection (11), and except for those parts
  789  that are confidential under s. 119.071 or other applicable law,
  790  the selected offer and a written explanation of the basis upon
  791  which the preliminary selection was made shall be made available
  792  for inspection and copying in accordance with s. 119.07 and, to
  793  the extent feasible, on the Internet at least 7 calendar days
  794  before the hearing scheduled under this section.
  795         (d) At the hearing, the department shall allow the public
  796  to be heard on the preliminary selection.
  797         (14)(a) After the hearing required under subsection (13),
  798  the department shall determine if a management agreement should
  799  be entered into with the offeror that submitted the selected
  800  offer. If the department makes a favorable determination, the
  801  department shall submit the determination to the Governor.
  802         (b) After review of the department's determination, the
  803  Governor may accept or reject the department's determination. If
  804  the Governor accepts the department's determination, the
  805  Governor shall designate the offeror who submitted the selected
  806  offer as the manager for the lottery.
  807         (c) After the Governor designates the manager, the
  808  department may execute a management agreement with the
  809  designated manager.
  810         (15) The manager may finance its obligations with respect
  811  to the lottery and the management agreement in the amounts and
  812  upon the terms and conditions determined by the manager.
  813  However, any bonds, debt, other securities, or other financing
  814  issued for the purposes of this section shall not be considered
  815  to constitute a debt of the state or any political subdivision
  816  of the state or a pledge of the faith and credit of the state or
  817  any political subdivision of the state.
  818         (16) An action to contest the validity of a management
  819  agreement entered into under this section may not be brought
  820  after the 15th day after the publication of the notice of the
  821  designation of the manager under the management agreement as
  822  provided in subsection (14).
  823         (17)(a) The department must use appropriate experts and
  824  professionals needed to conduct a competitive bidding proceeding
  825  as required under this section and may use the services of
  826  outside professionals to the extent necessary to carry out its
  827  obligations under this section.
  828         (b) The department may exercise any powers provided under
  829  this section in participation or cooperation with any other
  830  governmental entity and enter into any contracts to facilitate
  831  that participation or cooperation without compliance with any
  832  other statute.
  833         (c) The department may make and enter into all contracts
  834  and agreements necessary or incidental to the performance of the
  835  department's duties under this section and the execution of the
  836  department's powers under this section. These contracts or
  837  agreements are not subject to any approval by any other
  838  governmental entity and may be for any term of years within the
  839  time period of the management agreement under subsection (4) and
  840  contain any terms that are considered reasonable by the
  841  department.
  842         (d) The department may make and enter into all contracts
  843  and agreements with a state agency necessary or incidental to
  844  the performance of the duties and the execution of the powers
  845  granted to the department or the state agency in accordance with
  846  this section or the management agreement. These contracts or
  847  agreements are not subject to approval by any other governmental
  848  entity and may be for any term of years and contain any terms
  849  that are considered reasonable by the department or the state
  850  agency.
  851         (18)(a) The department may not sell the authorization to
  852  operate the lottery.
  853         (b) Any tangible personal property used exclusively in
  854  connection with the lottery that is owned by the department and
  855  leased to the manager shall be owned by the department in the
  856  name of the state and shall be considered to be public property
  857  devoted to an essential public and governmental function.
  858         (19) The department may exercise any of its powers under
  859  this chapter or any other law as necessary or desirable for the
  860  execution of the department's powers under this section.
  861         (20) Neither this section nor any management agreement
  862  entered into under this section prohibits the Legislature from
  863  authorizing forms of gambling that are not in direct competition
  864  with the lottery.
  865         Section 11. Section 24.112, Florida Statutes, is amended to
  866  read:
  867         24.112 Retailers of lottery tickets.—
  868         (1) If the department does not enter into a management
  869  agreement, the department shall promulgate rules specifying the
  870  terms and conditions for contracting with retailers who will
  871  best serve the public interest and promote the sale of lottery
  872  tickets.
  873         (2) If the department does not enter into a management
  874  agreement, in the selection of retailers, the department shall
  875  consider factors such as financial responsibility, integrity,
  876  reputation, accessibility of the place of business or activity
  877  to the public, security of the premises, the sufficiency of
  878  existing retailers to serve the public convenience, and the
  879  projected volume of the sales for the lottery game involved. In
  880  the consideration of these factors, the department may require
  881  the information it deems necessary of any person applying for
  882  authority to act as a retailer. However, the department may not
  883  establish a limitation upon the number of retailers and shall
  884  make every effort to allow small business participation as
  885  retailers. It is the intent of the Legislature that retailer
  886  selections be based on business considerations and the public
  887  convenience and that retailers be selected without regard to
  888  political affiliation.
  889         (3) If the department does not enter into a management
  890  agreement, the department shall not contract with any person as
  891  a retailer who:
  892         (a) Is less than 18 years of age.
  893         (b) Is engaged exclusively in the business of selling
  894  lottery tickets; however, this paragraph shall not preclude the
  895  department from selling lottery tickets.
  896         (c) Has been convicted of, or entered a plea of guilty or
  897  nolo contendere to, a felony committed in the preceding 10
  898  years, regardless of adjudication, unless the department
  899  determines that:
  900         1. The person has been pardoned or the person's civil
  901  rights have been restored;
  902         2. Subsequent to such conviction or entry of plea the
  903  person has engaged in the kind of law-abiding commerce and good
  904  citizenship that would reflect well upon the integrity of the
  905  lottery; or
  906         3. If the person is a firm, association, partnership,
  907  trust, corporation, or other entity, the person has terminated
  908  its relationship with the individual whose actions directly
  909  contributed to the person's conviction or entry of plea.
  910         (4) If the department does not enter into a management
  911  agreement, the department shall issue a certificate of authority
  912  to each person with whom it contracts as a retailer for purposes
  913  of display pursuant to subsection (6). The issuance of the
  914  certificate shall not confer upon the retailer any right apart
  915  from that specifically granted in the contract. The authority to
  916  act as a retailer shall not be assignable or transferable.
  917         (5) Any contract executed by the department under pursuant
  918  to this section shall specify the reasons for any suspension or
  919  termination of the contract by the department, including, but
  920  not limited to:
  921         (a) Commission of a violation of this chapter act or rule
  922  adopted pursuant thereto.
  923         (b) Failure to accurately account for lottery tickets,
  924  revenues, or prizes as required by the department.
  925         (c) Commission of any fraud, deceit, or misrepresentation.
  926         (d) Insufficient sale of tickets.
  927         (e) Conduct prejudicial to public confidence in the
  928  lottery.
  929         (f) Any material change in any matter considered by the
  930  department in executing the contract with the retailer.
  931         (6) Every retailer shall post and keep conspicuously
  932  displayed in a location on the premises accessible to the public
  933  its certificate of authority and, with respect to each game, a
  934  statement supplied by the department or the manager of the
  935  estimated odds of winning some prize for the game.
  936         (7) No contract with a retailer shall authorize the sale of
  937  lottery tickets at more than one location, and a retailer may
  938  sell lottery tickets only at the location stated on the
  939  certificate of authority.
  940         (8) If the department does not enter into a management
  941  agreement, with respect to any retailer whose rental payments
  942  for premises are contractually computed, in whole or in part, on
  943  the basis of a percentage of retail sales, and where such
  944  computation of retail sales is not explicitly defined to include
  945  sales of tickets in a state-operated lottery, the compensation
  946  received by the retailer from the department shall be deemed to
  947  be the amount of the retail sale for the purposes of such
  948  contractual compensation.
  949         (9) If the department does not enter into a management
  950  agreement:
  951         (a) The department may require every retailer to post an
  952  appropriate bond as determined by the department, using an
  953  insurance company acceptable to the department, in an amount not
  954  to exceed twice the average lottery ticket sales of the retailer
  955  for the period within which the retailer is required to remit
  956  lottery funds to the department. For the first 90 days of sales
  957  of a new retailer, the amount of the bond may not exceed twice
  958  the average estimated lottery ticket sales for the period within
  959  which the retailer is required to remit lottery funds to the
  960  department. This paragraph shall not apply to lottery tickets
  961  that which are prepaid by the retailer.
  962         (b) In lieu of such bond, the department may purchase
  963  blanket bonds covering all or selected retailers or may allow a
  964  retailer to deposit and maintain with the Chief Financial
  965  Officer securities that are interest bearing or accruing and
  966  that, with the exception of those specified in subparagraphs 1.
  967  and 2., are rated in one of the four highest classifications by
  968  an established nationally recognized investment rating service.
  969  Securities eligible under this paragraph shall be limited to:
  970         1. Certificates of deposit issued by solvent banks or
  971  savings associations organized and existing under the laws of
  972  this state or under the laws of the United States and having
  973  their principal place of business in this state.
  974         2. United States bonds, notes, and bills for which the full
  975  faith and credit of the government of the United States is
  976  pledged for the payment of principal and interest.
  977         3. General obligation bonds and notes of any political
  978  subdivision of the state.
  979         4. Corporate bonds of any corporation that is not an
  980  affiliate or subsidiary of the depositor.
  981  Such securities shall be held in trust and shall have at all
  982  times a market value at least equal to an amount required by the
  983  department.
  984         (10) Every contract entered into by the department pursuant
  985  to this section shall contain a provision for payment of
  986  liquidated damages to the department for any breach of contract
  987  by the retailer.
  988         (11) If the department does not enter into a management
  989  agreement, the department shall establish procedures by which
  990  each retailer shall account for all tickets sold by the retailer
  991  and account for all funds received by the retailer from such
  992  sales. The contract with each retailer shall include provisions
  993  relating to the sale of tickets, payment of moneys to the
  994  department, reports, service charges, and interest and
  995  penalties, if necessary, as the department shall deem
  996  appropriate.
  997         (12) If the department does not enter into a management
  998  agreement, no payment by a retailer to the department for
  999  tickets shall be in cash. All such payments shall be in the form
 1000  of a check, bank draft, electronic fund transfer, or other
 1001  financial instrument authorized by the secretary.
 1002         (13) Each retailer shall provide accessibility for disabled
 1003  persons on habitable grade levels. This subsection does not
 1004  apply to a retail location that which has an entrance door
 1005  threshold more than 12 inches above ground level. As used herein
 1006  and for purposes of this subsection only, the term
 1007  “accessibility for disabled persons on habitable grade levels”
 1008  means that retailers shall provide ramps, platforms, aisles and
 1009  pathway widths, turnaround areas, and parking spaces to the
 1010  extent these are required for the retailer's premises by the
 1011  particular jurisdiction where the retailer is located.
 1012  Accessibility shall be required to only one point of sale of
 1013  lottery tickets for each lottery retailer location. The
 1014  requirements of this subsection shall be deemed to have been met
 1015  if, in lieu of the foregoing, disabled persons can purchase
 1016  tickets from the retail location by means of a drive-up window,
 1017  provided the hours of access at the drive-up window are not less
 1018  than those provided at any other entrance at that lottery
 1019  retailer location. Inspections for compliance with this
 1020  subsection shall be performed by those enforcement authorities
 1021  responsible for enforcement pursuant to s. 553.80 in accordance
 1022  with procedures established by those authorities. Those
 1023  enforcement authorities shall provide to the Department of the
 1024  Lottery a certification of noncompliance for any lottery
 1025  retailer not meeting such requirements.
 1026         (14) If the department does not enter into a management
 1027  agreement, the secretary may, after filing with the Department
 1028  of State his or her manual signature certified by the secretary
 1029  under oath, execute or cause to be executed contracts between
 1030  the department and retailers by means of engraving, imprinting,
 1031  stamping, or other facsimile signature.
 1032         Section 12. Section 24.113, Florida Statutes, is amended to
 1033  read:
 1034         24.113 Minority participation.—
 1035         (1) It is the intent of the Legislature that the department
 1036  or the manager, if any, encourage participation by minority
 1037  business enterprises as defined in s. 288.703. Accordingly, 15
 1038  percent of the retailers shall be minority business enterprises
 1039  as defined in s. 288.703(2); however, no more than 35 percent of
 1040  such retailers shall be owned by the same type of minority
 1041  person, as defined in s. 288.703(3). The department or the
 1042  manager, if any, is encouraged to meet the minority business
 1043  enterprise procurement goals set forth in s. 287.09451 in the
 1044  procurement of commodities, contractual services, construction,
 1045  and architectural and engineering services. This section shall
 1046  not preclude or prohibit a minority person from competing for
 1047  any other retailing or vending agreement awarded by the
 1048  department or the manager.
 1049         (2) The department or the manager, if any, shall is
 1050  directed to undertake training programs and other educational
 1051  activities to enable minority persons to compete for such
 1052  contracts on an equal basis.
 1053         Section 13. Section 24.114, Florida Statutes, is amended to
 1054  read:
 1055         24.114 Bank deposits and control of lottery transactions.—
 1056         (1) If the department does not enter into a management
 1057  agreement, all moneys received by each retailer from the
 1058  operation of the state lottery, including, but not limited to,
 1059  all ticket sales, interest, gifts, and donations, less the
 1060  amount retained as compensation for the sale of the tickets and
 1061  the amount paid out as prizes, shall be remitted to the
 1062  department or deposited in a qualified public depository, as
 1063  defined in s. 280.02, as directed by the department. The
 1064  department shall have the responsibility for all administrative
 1065  functions related to the receipt of funds. The department may
 1066  also require each retailer to file with the department reports
 1067  of the retailer's receipts and transactions in the sale of
 1068  lottery tickets in such form and containing such information as
 1069  the department may require. The department may require any
 1070  person, including a qualified public depository, to perform any
 1071  function, activity, or service in connection with the operation
 1072  of the lottery as it may deem advisable pursuant to this chapter
 1073  act and rules of the department, and such functions, activities,
 1074  or services shall constitute lawful functions, activities, and
 1075  services of such person.
 1076         (2) If the department does not enter into a management
 1077  agreement, the department may require retailers to establish
 1078  separate electronic funds transfer accounts for the purpose of
 1079  receiving moneys from ticket sales, making payments to the
 1080  department, and receiving payments from the department.
 1081         (3) If the department does not enter into a management
 1082  agreement, each retailer is liable to the department for any and
 1083  all tickets accepted or generated by any employee or
 1084  representative of that retailer, and the tickets shall be deemed
 1085  to have been purchased by the retailer unless returned to the
 1086  department within the time and in the manner prescribed by the
 1087  department. All moneys received by retailers from the sale of
 1088  lottery tickets, less the amount retained as compensation for
 1089  the sale of tickets and the amount paid out as prizes by the
 1090  retailer, shall be held in trust prior to delivery to the
 1091  department or electronic transfer to the Operating Trust Fund.
 1092         Section 14. Section 24.115, Florida Statutes, is amended to
 1093  read:
 1094         24.115 Payment of prizes.—
 1095         (1) If the department does not enter into a management
 1096  agreement, the department shall promulgate rules to establish a
 1097  system of verifying the validity of tickets claimed to win
 1098  prizes and to effect payment of such prizes; however, the
 1099  following shall apply whether the department does or does not
 1100  enter into a management agreement:
 1101         (a) The right of any person to a prize, other than a prize
 1102  that is payable in installments over time, is not assignable.
 1103  However, any prize, to the extent that it has not been assigned
 1104  or encumbered pursuant to s. 24.1153, may be paid to the estate
 1105  of a deceased prize winner or to a person designated pursuant to
 1106  an appropriate court order. A prize that is payable in
 1107  installments over time is assignable, but only pursuant to an
 1108  appropriate court order as provided in s. 24.1153.
 1109         (b) No prize shall be paid to any person under the age of
 1110  18 years unless the winning ticket was lawfully purchased and
 1111  made a gift to the minor. In such case, the department or the
 1112  manager, if a management agreement is in force, shall direct
 1113  payment to an adult member of the minor's family or the legal
 1114  guardian of the minor as custodian for the minor. The person
 1115  named as custodian shall have the same powers and duties as
 1116  prescribed for a custodian pursuant to chapter 710, the Florida
 1117  Uniform Transfers to Minors Act.
 1118         (c) No prize may be paid arising from claimed tickets that
 1119  are stolen, counterfeit, altered, fraudulent, unissued, produced
 1120  or issued in error, unreadable, not received or not recorded by
 1121  the department or the manager, if a management agreement is in
 1122  force, by applicable deadlines, lacking in captions that confirm
 1123  and agree with the lottery play symbols as appropriate to the
 1124  lottery game involved, or not in compliance with such additional
 1125  specific rules and public or confidential validation and
 1126  security tests of the department or the manager, if a management
 1127  agreement is in force, appropriate to the particular lottery
 1128  game involved.
 1129         (d) No particular prize in any lottery game may be paid
 1130  more than once, and in the event of a binding determination that
 1131  more than one claimant is entitled to a particular prize, the
 1132  sole remedy of such claimants is the award to each of them of an
 1133  equal share in the prize.
 1134         (e) For the convenience of the public, retailers may be
 1135  authorized to pay winners amounts less than $600 after
 1136  performing validation procedures on their premises appropriate
 1137  to the lottery game involved.
 1138         (f) Holders of tickets shall have the right to claim prizes
 1139  for 180 days after the drawing or the end of the lottery game or
 1140  play in which the prize was won; except that with respect to any
 1141  game in which the player may determine instantly if he or she
 1142  has won or lost, such right shall exist for 60 days after the
 1143  end of the lottery game. If a valid claim is not made for a
 1144  prize within the applicable period, the prize shall constitute
 1145  an unclaimed prize for purposes of subsection (2).
 1146         (g) No prize shall be paid upon a ticket purchased or sold
 1147  in violation of this chapter act or to any person who is
 1148  prohibited from purchasing a lottery ticket pursuant to this
 1149  chapter act. Any such prize shall constitute an unclaimed prize
 1150  for purposes of subsection (2).
 1151         (2)(a) Eighty percent of all unclaimed prize money shall be
 1152  deposited in the Educational Enhancement Trust Fund consistent
 1153  with the provisions of s. 24.121(2). Subject to appropriations
 1154  provided in the General Appropriations Act, these funds may be
 1155  used to match private contributions received under the
 1156  postsecondary matching grant programs established in ss.
 1157  1011.32, 1011.85, 1011.94, and 1013.79.
 1158         (b) The remaining 20 percent of unclaimed prize money shall
 1159  be added to the pool from which future prizes are to be awarded
 1160  or used for special prize promotions.
 1161         (3) The department or the manager, if a management
 1162  agreement is in force, shall be discharged of all liability upon
 1163  payment of a prize.
 1164         (4) It is the responsibility of the appropriate state
 1165  agency and of the judicial branch to identify to the department
 1166  or the manager, if a management agreement is in force, in the
 1167  form and format prescribed by the department or the manager,
 1168  persons owing an outstanding debt to any state agency or owing
 1169  child support collected through a court, including spousal
 1170  support or alimony for the spouse or former spouse of the
 1171  obligor if the child support obligation is being enforced by the
 1172  Department of Revenue. Prior to the payment of a prize of $600
 1173  or more to any claimant having such an outstanding obligation,
 1174  the department or the manager shall transmit the amount of the
 1175  debt to the agency claiming the debt and shall authorize payment
 1176  of the balance to the prize winner after deduction of the debt.
 1177  If a prize winner owes multiple debts subject to offset under
 1178  this subsection and the prize is insufficient to cover all such
 1179  debts, the amount of the prize shall be transmitted first to the
 1180  agency claiming that past due child support is owed. If a
 1181  balance of lottery prize remains after payment of past due child
 1182  support, the remaining lottery prize amount shall be transmitted
 1183  to other agencies claiming debts owed to the state, pro rata,
 1184  based upon the ratio of the individual debt to the remaining
 1185  debt owed to the state.
 1186         Section 15. Section 24.1153, Florida Statutes, is amended
 1187  to read:
 1188         24.1153 Assignment of prizes payable in installments.—
 1189         (1) The right of any person to receive payments under a
 1190  prize that is paid in installments over time by the department
 1191  or the manager, if a management agreement is in force, may be
 1192  voluntarily assigned, in whole or in part, if the assignment is
 1193  made to a person or entity designated pursuant to an order of a
 1194  court of competent jurisdiction located in the judicial district
 1195  where the assigning prize winner resides or where the
 1196  headquarters of the department is located or where in the state
 1197  the headquarters of the manager is located, if a management
 1198  agreement is in force. A court may issue an order approving a
 1199  voluntary assignment and directing the department or the manager
 1200  to make prize payments in whole or in part to the designated
 1201  assignee, if the court finds that all of the following
 1202  conditions have been met:
 1203         (a) The assignment is in writing, is executed by the
 1204  assignor, and is, by its terms, subject to the laws of this
 1205  state.
 1206         (b) The purchase price being paid for the payments being
 1207  assigned represents a present value of the payments being
 1208  assigned, discounted at an annual rate that does not exceed the
 1209  state's usury limit for loans.
 1210         (c) The assignor provides a sworn affidavit attesting that
 1211  he or she:
 1212         1. Is of sound mind, is in full command of his or her
 1213  faculties, and is not acting under duress;
 1214         2. Has been advised regarding the assignment by his or her
 1215  own independent legal counsel, who is unrelated to and is not
 1216  being compensated by the assignee or any of the assignee's
 1217  affiliates, and has received independent financial or tax advice
 1218  concerning the effects of the assignment from a lawyer or other
 1219  professional who is unrelated to and is not being compensated by
 1220  the assignee or any of the assignee's affiliates;
 1221         3. Understands that he or she will not receive the prize
 1222  payments or portions thereof for the years assigned;
 1223         4. Understands and agrees that with regard to the assigned
 1224  payments the department or the manager and its officials and
 1225  employees will have no further liability or responsibility to
 1226  make the assigned payments to him or her;
 1227         5. Has been provided with a one-page written disclosure
 1228  statement setting forth, in bold type of not less than 14
 1229  points, the payments being assigned, by amounts and payment
 1230  dates; the purchase price being paid; the rate of discount to
 1231  present value, assuming daily compounding and funding on the
 1232  contract date; and the amount, if any, of any origination or
 1233  closing fees that will be charged to him or her; and
 1234         6. Was advised in writing, at the time he or she signed the
 1235  assignment contract, that he or she had the right to cancel the
 1236  contract, without any further obligation, within 3 business days
 1237  following the date on which the contract was signed.
 1238         (d) Written notice of the proposed assignment and any court
 1239  hearing concerning the proposed assignment is provided to the
 1240  department's or the manager's counsel at least 10 days prior to
 1241  any court hearing. The department or the manager is not required
 1242  to appear in or be named as a party to any such action seeking
 1243  judicial confirmation of an assignment under this section, but
 1244  may intervene as of right in any such proceeding.
 1245         (2) A certified copy of a court order approving a voluntary
 1246  assignment must be provided to the department or the manager no
 1247  later than 14 days before the date on which the payment is to be
 1248  made.
 1249         (3) In accordance with the provisions of s. 24.115(4), a
 1250  voluntary assignment may not include or cover payments or
 1251  portions of payments that are subject to offset on account of a
 1252  defaulted or delinquent child support obligation or on account
 1253  of a debt owed to a state agency. Each court order issued under
 1254  subsection (1) shall provide that any delinquent child support
 1255  obligations of the assigning prize winner and any debts owed to
 1256  a state agency by the assigning prize winner, as of the date of
 1257  the court order, shall be offset by the department or the
 1258  manager first against remaining payments or portions thereof due
 1259  the prize winner and then against payments due the assignee.
 1260         (4) The department or the manager, and its respective
 1261  officials and employees, shall be discharged of all liability
 1262  upon payment of an assigned prize under this section.
 1263         (5) The department or the manager may establish a
 1264  reasonable fee to defray any administrative expenses associated
 1265  with assignments made under this section, including the cost to
 1266  the department or the manager of any processing fee that may be
 1267  imposed by a private annuity provider. The fee amount shall
 1268  reflect the direct and indirect costs associated with processing
 1269  such assignments.
 1270         (6) If at any time the Internal Revenue Service or a court
 1271  of competent jurisdiction issues a determination letter, revenue
 1272  ruling, other public ruling of the Internal Revenue Service, or
 1273  published decision to any state lottery or prize winner of any
 1274  state lottery declaring that the voluntary assignment of prizes
 1275  will affect the federal income tax treatment of prize winners
 1276  who do not assign their prizes, the secretary of the department
 1277  shall immediately file a copy of that letter, ruling, or
 1278  published decision with the Secretary of State and the Office of
 1279  the State Courts Administrator. A court may not issue an order
 1280  authorizing a voluntary assignment under this section after the
 1281  date any such ruling, letter, or published decision is filed.
 1282         Section 16. Section 24.117, Florida Statutes, is amended to
 1283  read:
 1284         24.117 Unlawful sale of lottery tickets; penalty.—Any
 1285  person who knowingly:
 1286         (1) Sells a state lottery ticket when not authorized by the
 1287  department or this chapter act to engage in such sale;
 1288         (2) Sells a state lottery ticket to a minor; or
 1289         (3) If the department does not enter into a management
 1290  agreement, sells a state lottery ticket at any price other than
 1291  that established by the department;
 1292  commits is guilty of a misdemeanor of the first degree,
 1293  punishable as provided in s. 775.082 or s. 775.083.
 1294         Section 17. Subsections (4) and (5) of section 24.118,
 1295  Florida Statutes, are amended to read:
 1296         24.118 Other prohibited acts; penalties.—
 1297         (4) BREACH OF CONFIDENTIALITY.—Any person who, with intent
 1298  to defraud or with intent to provide a financial or other
 1299  advantage to himself, herself, or another, knowingly and
 1300  willfully discloses any information relating to the lottery
 1301  designated as confidential and exempt from the provisions of s.
 1302  119.07(1) pursuant to this chapter commits act is guilty of a
 1303  felony of the first degree, punishable as provided in s.
 1304  775.082, s. 775.083, or s. 775.084.
 1305         (5) UNLAWFUL REPRESENTATION.—
 1306         (a) Any person who uses point-of-sale materials issued by
 1307  the department or the manager or otherwise holds himself or
 1308  herself out as a retailer without being authorized by the
 1309  department or the manager to act as a retailer commits is guilty
 1310  of a misdemeanor of the first degree, punishable as provided in
 1311  s. 775.082 or s. 775.083.
 1312         (b) Any person who without being authorized by the
 1313  department or the manager in writing uses the term “Florida
 1314  Lottery,” “State Lottery,” “Florida State Lottery,” or any
 1315  similar term in the title or name of any charitable or
 1316  commercial enterprise, product, or service commits is guilty of
 1317  a misdemeanor of the first degree, punishable as provided in s.
 1318  775.082 or s. 775.083.
 1319         Section 18. Subsections (1) and (2) of section 24.120,
 1320  Florida Statutes, are amended to read:
 1321         24.120 Financial matters; Operating Trust Fund; interagency
 1322  cooperation.—
 1323         (1) There is hereby created in the State Treasury an
 1324  Operating Trust Fund to be administered in accordance with
 1325  chapters 215 and 216 by the department. If the department does
 1326  not enter into a management agreement, all money received by the
 1327  department which remains after payment of prizes and initial
 1328  compensation paid to retailers shall be deposited into the
 1329  Operating Trust Fund. All moneys in the trust fund are
 1330  appropriated to the department for the purposes specified in
 1331  this chapter act.
 1332         (2) Moneys available for the payment of prizes awarded by
 1333  the department, if the department does not enter into a
 1334  management agreement, on a deferred basis shall be invested by
 1335  the State Board of Administration in accordance with a trust
 1336  agreement approved by the secretary and entered into between the
 1337  department and the State Board of Administration in accordance
 1338  with ss. 215.44-215.53. The investments authorized by this
 1339  subsection shall be done in a manner designed to preserve
 1340  capital and to ensure the integrity of the lottery disbursement
 1341  system by eliminating the risk of payment of funds when due and
 1342  to produce equal annual sums of money over the required term of
 1343  the investments.
 1344         Section 19. Subsections (1), (2), and (3) of section
 1345  24.121, Florida Statutes, are amended to read:
 1346         24.121 Allocation of revenues and expenditure of funds for
 1347  public education.—
 1348         (1) If the department does not enter into a management
 1349  agreement, variable percentages of the gross revenue from the
 1350  sale of online and instant lottery tickets shall be returned to
 1351  the public in the form of prizes paid by the department or
 1352  retailers as authorized by this chapter act. The variable
 1353  percentages of gross revenue from the sale of online and instant
 1354  lottery tickets returned to the public in the form of prizes
 1355  shall be established by the department in a manner designed to
 1356  maximize the amount of funds deposited under subsection (2).
 1357         (2) Each fiscal year, if the department does not enter into
 1358  a management agreement, variable percentages of the gross
 1359  revenue from the sale of online and instant lottery tickets as
 1360  determined by the department consistent with subsection (1), and
 1361  other earned revenue, excluding application processing fees,
 1362  shall be deposited in the Educational Enhancement Trust Fund,
 1363  which is hereby created in the State Treasury to be administered
 1364  by the Department of Education. If the department enters into a
 1365  management agreement, the proceeds received by the department
 1366  from the management agreement under s. 24.1115(7)(b) and (c)
 1367  shall be deposited in the Educational Enhancement Trust Fund,
 1368  with, at minimum, the greater of $400 million or one-third of
 1369  the funds deposited into the trust fund to be allocated the
 1370  Florida Bright Futures Scholarship Program. The Department of
 1371  the Lottery shall transfer moneys to the Educational Enhancement
 1372  Trust Fund at least once each quarter. Funds in the Educational
 1373  Enhancement Trust Fund shall be used to the benefit of public
 1374  education in accordance with the provisions of this chapter act.
 1375  Notwithstanding any other provision of law, lottery revenues
 1376  transferred to the Educational Enhancement Trust Fund shall be
 1377  reserved as needed and used to meet the requirements of the
 1378  documents authorizing the bonds issued by the state pursuant to
 1379  s. 1013.68, s. 1013.70, or s. 1013.737 or distributed to school
 1380  districts for the Classrooms First Program as provided in s.
 1381  1013.68. Such lottery revenues are hereby pledged to the payment
 1382  of debt service on bonds issued by the state pursuant to s.
 1383  1013.68, s. 1013.70, or s. 1013.737. Debt service payable on
 1384  bonds issued by the state pursuant to s. 1013.68, s. 1013.70, or
 1385  s. 1013.737 shall be payable from, and is secured by a first
 1386  lien on, the first lottery revenues transferred to the
 1387  Educational Enhancement Trust Fund in each fiscal year. Amounts
 1388  distributable to school districts that request the issuance of
 1389  bonds pursuant to s. 1013.68(3) are hereby pledged to such bonds
 1390  pursuant to s. 11(d), Art. VII of the State Constitution.
 1391         (3) The funds remaining in the Operating Trust Fund after
 1392  transfers to the Educational Enhancement Trust Fund shall be
 1393  used for the payment of administrative expenses of the
 1394  department. These expenses shall include all costs incurred in
 1395  the department's direct operation and administration of the
 1396  lottery or the management agreement and all costs resulting from
 1397  any contracts entered into for the purchase or lease of goods or
 1398  services required by the lottery, including, but not limited to:
 1399         (a) The compensation paid to retailers;
 1400         (b) The costs of supplies, materials, tickets, independent
 1401  audit services, independent studies, data transmission,
 1402  advertising, promotion, incentives, public relations,
 1403  communications, security, bonding for retailers, printing,
 1404  distribution of tickets, and reimbursing other governmental
 1405  entities for services provided to the lottery; and
 1406         (c) The costs of any other goods and services necessary for
 1407  effectuating the purposes of this chapter act.
 1408         Section 20. Section 24.122, Florida Statutes, is amended to
 1409  read:
 1410         24.122 Exemption from taxation; state preemption;
 1411  inapplicability of other laws.—
 1412         (1) This chapter act shall not be construed to authorize
 1413  any lottery except the lottery operated by the department or the
 1414  manager under pursuant to this chapter act.
 1415         (2) No state or local tax shall be imposed upon any prize
 1416  paid or payable under this chapter act or upon the sale of any
 1417  lottery ticket pursuant to this chapter act.
 1418         (3) All matters relating to the operation of the state
 1419  lottery are preempted to the state, and no county, municipality,
 1420  or other political subdivision of the state shall enact any
 1421  ordinance relating to the operation of the lottery authorized by
 1422  this chapter act. However, this subsection shall not prohibit a
 1423  political subdivision of the state from requiring a retailer to
 1424  obtain an occupational license for any business unrelated to the
 1425  sale of lottery tickets.
 1426         (4) Any state or local law providing any penalty,
 1427  disability, restriction, or prohibition for the possession,
 1428  manufacture, transportation, distribution, advertising, or sale
 1429  of any lottery ticket, including chapter 849, shall not apply to
 1430  the tickets of the state lottery operated pursuant to this
 1431  chapter act; nor shall any such law apply to the possession of a
 1432  ticket issued by any other government-operated lottery. In
 1433  addition, activities of the department under this chapter act
 1434  are exempt from the provisions of:
 1435         (a) Chapter 616, relating to public fairs and expositions.
 1436         (b) Chapter 946, relating to correctional work programs.
 1437         (c) Chapter 282, relating to communications and data
 1438  processing.
 1439         (d) Section 110.131, relating to other personal services.
 1440         Section 21. Section 24.123, Florida Statutes, is amended to
 1441  read:
 1442         24.123 Annual audit of financial records and reports.—
 1443         (1) The Legislative Auditing Committee shall contract with
 1444  a certified public accountant licensed pursuant to chapter 473
 1445  for an annual financial audit of the department. The certified
 1446  public accountant shall have no financial interest in any vendor
 1447  or manager with whom the department is under contract. The
 1448  certified public accountant shall present an audit report no
 1449  later than 7 months after the end of the fiscal year and shall
 1450  make recommendations to enhance the earning capability of the
 1451  state lottery or the management agreement and to improve the
 1452  efficiency of department operations. The certified public
 1453  accountant shall also perform a study and evaluation of internal
 1454  accounting controls and shall express an opinion on those
 1455  controls in effect during the audit period. The cost of the
 1456  annual financial audit shall be paid by the department.
 1457         (2) The Auditor General may at any time conduct an audit of
 1458  any phase of the operations of the state lottery or the
 1459  management agreement and shall receive a copy of the yearly
 1460  independent financial audit and any security report prepared
 1461  pursuant to s. 24.108.
 1462         (3) A copy of any audit performed pursuant to this section
 1463  shall be submitted to the secretary, the Governor, the President
 1464  of the Senate, the Speaker of the House of Representatives, and
 1465  members of the Legislative Auditing Committee.
 1466         Section 22. Section 24.124, Florida Statutes, is amended to
 1467  read:
 1468         24.124 Responsibility for ticket accuracy; department,
 1469  retailer, and vendor liability.—
 1470         (1) If the department does not enter into a management
 1471  agreement, purchasers of online games tickets shall be
 1472  responsible for verifying the accuracy of their tickets,
 1473  including the number or numbers printed on the tickets. In the
 1474  event of an error, the ticket may be canceled and a replacement
 1475  ticket issued pursuant to rules promulgated by the department of
 1476  the Lottery.
 1477         (2) If the department does not enter into a management
 1478  agreement, other than the issuance of a replacement ticket,
 1479  there shall be no right or cause of action and no liability on
 1480  the part of the department, retailer, vendor, or any other
 1481  person associated with selling an online games ticket, with
 1482  respect to errors or inaccuracies contained in the ticket,
 1483  including errors in the number or numbers printed on the ticket.
 1484         Section 23. This act shall take effect January 1, 2010.