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.; requiring the
13	department to adopt by rule a personnel program for its
14	employees; removing the exemption from chapter 120, F.S.,
15	related to personnel actions; repealing s. 24.109, F.S.,
16	relating to administrative procedure; deeming certain
17	emergency rules in existence on a specified date to be
18	rules adopted pursuant to s. 120.54(3), F.S.; providing
19	that such rules remain in effect until amended or repealed
20	by the department; requiring the Department of State to
21	renumber rules as necessary; providing for repeal of
22	certain rules in existence on a specified date that are no
23	longer authorized; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Subsections (9) and (13) through (20) of
28	section 24.105, Florida Statutes, are amended to read:
29	24.105  Powers and duties of department.-The department
30	shall:
31	(9)(a)  Adopt rules governing the establishment and
32	operation of games offered by the department the state lottery,
33	including:
34	1.(a)  The type of lottery games to be conducted, except
35	that:
36	a.1.  No name of an elected official shall appear on the
37	ticket or play slip of any lottery game or on any prize or on
38	any instrument used for the payment of prizes, unless such prize
39	is in the form of a state warrant.
40	b.2.  No coins or currency shall be dispensed from any
41	electronic computer terminal or device used in any lottery game.
42	c.3.  Other than as provided in sub-subparagraph d.
43	subparagraph 4., no terminal or device may be used for any
44	lottery game which may be operated solely by the player without
45	the assistance of the retailer.
46	d.4.  The only player-activated machine which may be
47	utilized is a machine which dispenses instant lottery game
48	tickets following the insertion of a coin or currency by a
49	ticket purchaser. To be authorized a machine must: be under the
50	supervision and within the direct line of sight of the lottery
51	retailer to ensure that the machine is monitored and only
52	operated by persons at least 18 years of age; be capable of
53	being electronically deactivated by the retailer to prohibit use
54	by persons less than 18 years of age through the use of a
55	lockout device that maintains the machine's deactivation for a
56	period of no less than 5 minutes; and be designed to prevent its
57	use or conversion for use in any manner other than the
58	dispensing of instant lottery tickets. Authorized machines may
59	dispense change to players purchasing tickets but may not be
60	utilized for paying the holders of winning tickets of any kind.
61	At least one clerk must be on duty at the lottery retailer while
62	the machine is in operation. However, at least two clerks must
63	be on duty at any lottery location which has violated s.
64	24.1055.
65	2.(b)  The sales price of tickets.
66	3.(c)  The number and sizes of prizes.
67	4.(d)  The method of selecting winning tickets. However, if
68	a lottery game involves a drawing, the drawing shall be public
69	and witnessed by an accountant employed by an independent
70	certified public accounting firm. The equipment used in the
71	drawing shall be inspected before and after the drawing.
72	5.(e)  The manner of payment of prizes to holders of
73	winning tickets.
74	6.(f)  The frequency of drawings or selections of winning
75	tickets.
76	7.(g)  The number and type of locations at which tickets
77	may be purchased.
78	8.(h)  The method to be used in selling tickets.
79	9.(i)  The manner and amount of compensation of retailers.
80	10.(j)  Such other matters necessary or desirable for the
81	efficient or economical operation of games offered by the
82	department lottery or for the convenience of the public.
83	(b)  The department may at any time adopt emergency rules
84	pursuant to s. 120.54 for the purpose of implementing and
85	promoting instant ticket games. The Legislature finds that, from
86	time to time, the department must respond as quickly as is
87	practicable to changes in the marketplace when creating and
88	promoting instant ticket games. Therefore, in adopting emergency
89	rules for the purpose of implementing and promoting such games,
90	the department need not make the findings required by s.
91	120.54(4)(a). Emergency rules adopted under this subsection are
92	exempt from s. 120.54(4)(c) and shall remain in effect until
93	expiration of the specific instant ticket game that is the
94	subject of the emergency rule.
95	(13)  Have the authority to perform any of the functions of
96	the Department of Management Services under chapter 255, chapter
97	273, chapter 281, chapter 283, or chapter 287, or any rules
98	adopted under any such chapter, and may grant approvals provided
99	for under any such chapter or rules. If the department finds, by
100	rule, that compliance with any such chapter would impair or
101	impede the effective or efficient operation of the lottery, the
102	department may adopt rules providing alternative procurement
103	procedures. Such alternative procedures shall be designed to
104	allow the department to evaluate competing proposals and select
105	the proposal that provides the greatest long-term benefit to the
106	state with respect to the quality of the products or services,
107	dependability and integrity of the vendor, dependability of the
108	vendor's products or services, security, competence, timeliness,
109	and maximization of gross revenues and net proceeds over the
110	life of the contract.
111	(13)(14)  Have the authority to acquire real property and
112	make improvements thereon. The title to such property shall be
113	vested in the Board of Trustees of the Internal Improvement
114	Trust Fund. The board shall give the department preference in
115	leasing state-owned lands under the board's control and may not
116	exercise any jurisdiction over lands purchased or leased by the
117	department while such lands are actively used by the department.
118	Actions of the department under this subsection are exempt from
119	the time limitations and deadlines of chapter 253.
120	(14)(15)  Have the authority to charge fees to persons
121	applying for contracts as vendors or retailers, which fees are
122	reasonably calculated to cover the costs of investigations and
123	other activities related to the processing of the application.
124	(15)(16)  Enter into contracts for the purchase, lease, or
125	lease-purchase of such goods and services as are necessary for
126	the operation and promotion of the state lottery, including
127	assistance provided by any governmental agency.
128	(16)(17)  In accordance with the provisions of this act,
129	enter into contracts with retailers so as to provide adequate
130	and convenient availability of tickets to the public for each
131	game.
132	(17)(18)  Have the authority to enter into agreements with
133	other states for the operation and promotion of a multistate
134	lottery if such agreements are in the best interest of the state
135	lottery. The authority conferred by this subsection is not
136	effective until 1 year after the first day of lottery ticket
137	sales.
138	(18)(19)  Employ division directors and other staff as may
139	be necessary to carry out the provisions of this act; however:
140	(a)  No person shall be employed by the department who has
141	been convicted of, or entered a plea of guilty or nolo
142	contendere to, a felony committed in the preceding 10 years,
143	regardless of adjudication, unless the department determines
144	that:
145	1.  The person has been pardoned or his or her civil rights
146	have been restored; or
147	2.  Subsequent to such conviction or entry of plea the
148	person has engaged in the kind of law-abiding commerce and good
149	citizenship that would reflect well upon the integrity of the
150	lottery.
151	(b)  No officer or employee of the department having
152	decisionmaking authority shall participate in any decision
153	involving any vendor or retailer with whom the officer or
154	employee has a financial interest. No such officer or employee
155	may participate in any decision involving any vendor or retailer
156	with whom the officer or employee has discussed employment
157	opportunities without the approval of the secretary or, if such
158	officer is the secretary, without the approval of the Governor.
159	Any officer or employee of the department shall notify the
160	secretary of any such discussion or, if such officer is the
161	secretary, he or she shall notify the Governor. A violation of
162	this paragraph is punishable in accordance with s. 112.317.
163	(c)  No officer or employee of the department who leaves
164	the employ of the department shall represent any vendor or
165	retailer before the department regarding any specific matter in
166	which the officer or employee was involved while employed by the
167	department, for a period of 1 year following cessation of
168	employment with the department. A violation of this paragraph is
169	punishable in accordance with s. 112.317.
170	(19)(d)  The department shall adopt by rule establish and
171	maintain a personnel program for its employees, including a
172	personnel classification and pay plan which may provide any or
173	all of the benefits provided in the Senior Management Service or
174	Selected Exempt Service.
175	(a)  Each officer or employee of the department shall be a
176	member of the Florida Retirement System. The retirement class of
177	each officer or employee shall be the same as other persons
178	performing comparable functions for other agencies.
179	(b)  Employees of the department shall serve at the
180	pleasure of the secretary and shall be subject to suspension,
181	dismissal, reduction in pay, demotion, transfer, or other
182	personnel action at the discretion of the secretary. Such
183	personnel actions are exempt from the provisions of chapter 120.
184	(c)  All employees of the department are exempt from the
185	Career Service System provided in chapter 110 and,
186	notwithstanding the provisions of s. 110.205(5), are not
187	included in either the Senior Management Service or the Selected
188	Exempt Service. However, all employees of the department are
189	subject to all standards of conduct adopted by rule for career
190	service and senior management employees pursuant to chapter 110.
191	In the event of a conflict between standards of conduct
192	applicable to employees of the Department of the Lottery the
193	more restrictive standard shall apply. Interpretations as to the
194	more restrictive standard may be provided by the Commission on
195	Ethics upon request of an advisory opinion pursuant to s.
196	112.322(3)(a), for purposes of this subsection the opinion shall
197	be considered final action.
198	(20)  Adopt by rule a code of ethics for officers and
199	employees of the department which supplements the standards of
200	conduct for public officers and employees imposed by law.
201	Section 2.  Section 24.109, Florida Statutes, is repealed.
202	Section 3.  (1)  Any emergency rule adopted by the
203	Department of the Lottery on or before July 1, 2010, directly
204	relating to the department's online games; retailers; lost,
205	stolen, or damaged instant tickets; and payment of stolen
206	instant tickets shall be deemed rules adopted pursuant to s.
207	120.54(3), Florida Statutes, and shall remain in effect until
208	amended or repealed by the department. The Department of State
209	shall renumber such rules as necessary.
210	(2)  Except for the rules described in subsection (1), all
211	rules, or portions thereof, in existence on July 1, 2010, that
212	were adopted in a manner no longer authorized by this act shall
213	stand repealed on January 1, 2011.
214	Section 4.  This act shall take effect on July 1, 2010.

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