CS/HB 1537

1	A bill to be entitled
2	An act relating to administrative procedures of the
3	Department of the Lottery; amending s. 24.105, F.S.;
4	revising the rulemaking authority of the Department of the
5	Lottery; authorizing the department to adopt rules
6	governing the operation of games offered by the
7	department; authorizing the department to adopt emergency
8	rules for the purpose of implementing instant ticket
9	games; removing the authority of the department to perform
10	any of the functions of the Department of Management
11	Services under chapter 255, chapter 273, chapter 281,
12	chapter 283, or chapter 287, F.S.; removing the exemption
13	from chapter 120, F.S., related to personnel actions;
14	removing the authority of the department to adopt by rule
15	a code of ethics for its officers and employees; repealing
16	s. 24.109, F.S., relating to administrative procedure;
17	requiring the department to repeal certain rules in
18	existence on a specified date that are no longer
19	authorized; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsections (9) and (13) through (20) of
24	section 24.105, Florida Statutes, are amended to read:
25	24.105  Powers and duties of department.-The department
26	shall:
27	(9)(a)  Adopt rules governing the establishment and
28	operation of games offered by the department the state lottery,
29	including:
30	1.(a)  The type of lottery games to be conducted, except
31	that:
32	a.1.  No name of an elected official shall appear on the
33	ticket or play slip of any lottery game or on any prize or on
34	any instrument used for the payment of prizes, unless such prize
35	is in the form of a state warrant.
36	b.2.  No coins or currency shall be dispensed from any
37	electronic computer terminal or device used in any lottery game.
38	c.3.  Other than as provided in sub-subparagraph d.
39	subparagraph 4., no terminal or device may be used for any
40	lottery game which may be operated solely by the player without
41	the assistance of the retailer.
42	d.4.  The only player-activated machine which may be
43	utilized is a machine which dispenses instant lottery game
44	tickets following the insertion of a coin or currency by a
45	ticket purchaser. To be authorized a machine must: be under the
46	supervision and within the direct line of sight of the lottery
47	retailer to ensure that the machine is monitored and only
48	operated by persons at least 18 years of age; be capable of
49	being electronically deactivated by the retailer to prohibit use
50	by persons less than 18 years of age through the use of a
51	lockout device that maintains the machine's deactivation for a
52	period of no less than 5 minutes; and be designed to prevent its
53	use or conversion for use in any manner other than the
54	dispensing of instant lottery tickets. Authorized machines may
55	dispense change to players purchasing tickets but may not be
56	utilized for paying the holders of winning tickets of any kind.
57	At least one clerk must be on duty at the lottery retailer while
58	the machine is in operation. However, at least two clerks must
59	be on duty at any lottery location which has violated s.
60	24.1055.
61	2.(b)  The sales price of tickets.
62	3.(c)  The number and sizes of prizes.
63	4.(d)  The method of selecting winning tickets. However, if
64	a lottery game involves a drawing, the drawing shall be public
65	and witnessed by an accountant employed by an independent
66	certified public accounting firm. The equipment used in the
67	drawing shall be inspected before and after the drawing.
68	5.(e)  The manner of payment of prizes to holders of
69	winning tickets.
70	6.(f)  The frequency of drawings or selections of winning
71	tickets.
72	7.(g)  The number and type of locations at which tickets
73	may be purchased.
74	8.(h)  The method to be used in selling tickets.
75	9.(i)  The manner and amount of compensation of retailers.
76	(b)  The department may at any time adopt emergency rules
77	pursuant to s. 120.54 for the purpose of implementing instant
78	ticket games. The Legislature finds that, from time to time, the
79	department must respond as quickly as is practicable to changes
80	in the marketplace when creating and promoting instant ticket
81	games. Therefore, in adopting emergency rules for the purpose of
82	implementing such games, the department need not make the
83	findings required by s. 120.54(4)(a). Emergency rules adopted
84	under this subsection are exempt from s. 120.54(4)(c) and shall
85	remain in effect until expiration of the specific instant ticket
86	game that is the subject of the emergency rule.
87	(j)  Such other matters necessary or desirable for the
88	efficient or economical operation of the lottery or for the
89	convenience of the public.
90	(13)  Have the authority to perform any of the functions of
91	the Department of Management Services under chapter 255, chapter
92	273, chapter 281, chapter 283, or chapter 287, or any rules
93	adopted under any such chapter, and may grant approvals provided
94	for under any such chapter or rules. If the department finds, by
95	rule, that compliance with any such chapter would impair or
96	impede the effective or efficient operation of the lottery, the
97	department may adopt rules providing alternative procurement
98	procedures. Such alternative procedures shall be designed to
99	allow the department to evaluate competing proposals and select
100	the proposal that provides the greatest long-term benefit to the
101	state with respect to the quality of the products or services,
102	dependability and integrity of the vendor, dependability of the
103	vendor's products or services, security, competence, timeliness,
104	and maximization of gross revenues and net proceeds over the
105	life of the contract.
106	(13)(14)  Have the authority to acquire real property and
107	make improvements thereon. The title to such property shall be
108	vested in the Board of Trustees of the Internal Improvement
109	Trust Fund. The board shall give the department preference in
110	leasing state-owned lands under the board's control and may not
111	exercise any jurisdiction over lands purchased or leased by the
112	department while such lands are actively used by the department.
113	Actions of the department under this subsection are exempt from
114	the time limitations and deadlines of chapter 253.
115	(14)(15)  Have the authority to charge fees to persons
116	applying for contracts as vendors or retailers, which fees are
117	reasonably calculated to cover the costs of investigations and
118	other activities related to the processing of the application.
119	(15)(16)  Enter into contracts for the purchase, lease, or
120	lease-purchase of such goods and services as are necessary for
121	the operation and promotion of the state lottery, including
122	assistance provided by any governmental agency.
123	(16)(17)  In accordance with the provisions of this act,
124	enter into contracts with retailers so as to provide adequate
125	and convenient availability of tickets to the public for each
126	game.
127	(17)(18)  Have the authority to enter into agreements with
128	other states for the operation and promotion of a multistate
129	lottery if such agreements are in the best interest of the state
130	lottery. The authority conferred by this subsection is not
131	effective until 1 year after the first day of lottery ticket
132	sales.
133	(18)(19)  Employ division directors and other staff as may
134	be necessary to carry out the provisions of this act; however:
135	(a)  No person shall be employed by the department who has
136	been convicted of, or entered a plea of guilty or nolo
137	contendere to, a felony committed in the preceding 10 years,
138	regardless of adjudication, unless the department determines
139	that:
140	1.  The person has been pardoned or his or her civil rights
141	have been restored; or
142	2.  Subsequent to such conviction or entry of plea the
143	person has engaged in the kind of law-abiding commerce and good
144	citizenship that would reflect well upon the integrity of the
145	lottery.
146	(b)  No officer or employee of the department having
147	decisionmaking authority shall participate in any decision
148	involving any vendor or retailer with whom the officer or
149	employee has a financial interest. No such officer or employee
150	may participate in any decision involving any vendor or retailer
151	with whom the officer or employee has discussed employment
152	opportunities without the approval of the secretary or, if such
153	officer is the secretary, without the approval of the Governor.
154	Any officer or employee of the department shall notify the
155	secretary of any such discussion or, if such officer is the
156	secretary, he or she shall notify the Governor. A violation of
157	this paragraph is punishable in accordance with s. 112.317.
158	(c)  No officer or employee of the department who leaves
159	the employ of the department shall represent any vendor or
160	retailer before the department regarding any specific matter in
161	which the officer or employee was involved while employed by the
162	department, for a period of 1 year following cessation of
163	employment with the department. A violation of this paragraph is
164	punishable in accordance with s. 112.317.
165	(19)(d)  The department shall establish and maintain a
166	personnel program for its employees, including a personnel
167	classification and pay plan which may provide any or all of the
168	benefits provided in the Senior Management Service or Selected
169	Exempt Service.
170	(a)  Each officer or employee of the department shall be a
171	member of the Florida Retirement System. The retirement class of
172	each officer or employee shall be the same as other persons
173	performing comparable functions for other agencies.
174	(b)  Employees of the department shall serve at the
175	pleasure of the secretary and shall be subject to suspension,
176	dismissal, reduction in pay, demotion, transfer, or other
177	personnel action at the discretion of the secretary. Such
178	personnel actions are exempt from the provisions of chapter 120.
179	(c)  All employees of the department are exempt from the
180	Career Service System provided in chapter 110 and,
181	notwithstanding the provisions of s. 110.205(5), are not
182	included in either the Senior Management Service or the Selected
183	Exempt Service. However, all employees of the department are
184	subject to all standards of conduct adopted by rule for career
185	service and senior management employees pursuant to chapter 110.
186	In the event of a conflict between standards of conduct
187	applicable to employees of the Department of the Lottery the
188	more restrictive standard shall apply. Interpretations as to the
189	more restrictive standard may be provided by the Commission on
190	Ethics upon request of an advisory opinion pursuant to s.
191	112.322(3)(a), for purposes of this subsection the opinion shall
192	be considered final action.
193	(20)  Adopt by rule a code of ethics for officers and
194	employees of the department which supplements the standards of
195	conduct for public officers and employees imposed by law.
196	Section 2.  Section 24.109, Florida Statutes, is repealed.
197	Section 3.  The Department of the Lottery shall repeal all
198	rules, or portions thereof, in existence on July 1, 2010, that
199	were adopted in a manner no longer authorized by this act.
200	Section 4.  This act shall take effect on July 1, 2010.

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