CS/HB 1537

1
A bill to be entitled
2An act relating to administrative procedures of the
3Department of the Lottery; amending s. 24.105, F.S.;
4revising the rulemaking authority of the Department of the
5Lottery; authorizing the department to adopt rules
6governing the operation of games offered by the
7department; authorizing the department to adopt emergency
8rules for the purpose of implementing instant ticket games
9and online games; removing the authority of the department
10to perform any of the functions of the Department of
11Management Services under chapter 255, chapter 273,
12chapter 281, chapter 283, or chapter 287, F.S.; requiring
13the department to adopt by rule a personnel program for
14its employees; removing the exemption from chapter 120,
15F.S., related to personnel actions; repealing s. 24.109,
16F.S., relating to administrative procedure; providing that
17statutorily authorized transaction fees do not apply to
18certain procurements of commodities or services for which
19the department is the sole purchaser in the state; deeming
20certain emergency rules in existence on a specified date
21to be rules adopted pursuant to s. 120.54(3), F.S.;
22providing that such rules remain in effect until amended
23or repealed by the department; requiring the Department of
24State to renumber rules as necessary; providing for repeal
25of certain rules in existence on a specified date that are
26no longer authorized; providing an effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Subsections (9) and (13) through (20) of
31section 24.105, Florida Statutes, are amended to read:
32     24.105  Powers and duties of department.-The department
33shall:
34     (9)(a)  Adopt rules governing the establishment and
35operation of games offered by the department the state lottery,
36including:
37     1.(a)  The type of lottery games to be conducted, except
38that:
39     a.1.  No name of an elected official shall appear on the
40ticket or play slip of any lottery game or on any prize or on
41any instrument used for the payment of prizes, unless such prize
42is in the form of a state warrant.
43     b.2.  No coins or currency shall be dispensed from any
44electronic computer terminal or device used in any lottery game.
45     c.3.  Other than as provided in sub-subparagraph d.
46subparagraph 4., no terminal or device may be used for any
47lottery game which may be operated solely by the player without
48the assistance of the retailer.
49     d.4.  The only player-activated machine which may be
50utilized is a machine which dispenses instant lottery game
51tickets following the insertion of a coin or currency by a
52ticket purchaser. To be authorized a machine must: be under the
53supervision and within the direct line of sight of the lottery
54retailer to ensure that the machine is monitored and only
55operated by persons at least 18 years of age; be capable of
56being electronically deactivated by the retailer to prohibit use
57by persons less than 18 years of age through the use of a
58lockout device that maintains the machine's deactivation for a
59period of no less than 5 minutes; and be designed to prevent its
60use or conversion for use in any manner other than the
61dispensing of instant lottery tickets. Authorized machines may
62dispense change to players purchasing tickets but may not be
63utilized for paying the holders of winning tickets of any kind.
64At least one clerk must be on duty at the lottery retailer while
65the machine is in operation. However, at least two clerks must
66be on duty at any lottery location which has violated s.
6724.1055.
68     2.(b)  The sales price of tickets.
69     3.(c)  The number and sizes of prizes.
70     4.(d)  The method of selecting winning tickets. However, if
71a lottery game involves a drawing, the drawing shall be public
72and witnessed by an accountant employed by an independent
73certified public accounting firm. The equipment used in the
74drawing shall be inspected before and after the drawing.
75     5.(e)  The manner of payment of prizes to holders of
76winning tickets.
77     6.(f)  The frequency of drawings or selections of winning
78tickets.
79     7.(g)  The number and type of locations at which tickets
80may be purchased.
81     8.(h)  The method to be used in selling tickets.
82     9.(i)  The manner and amount of compensation of retailers.
83     10.(j)  Such other matters necessary or desirable for the
84efficient or economical operation of games offered by the
85department lottery or for the convenience of the public.
86     (b)  The department may at any time adopt emergency rules
87pursuant to s. 120.54 for the purpose of implementing and
88promoting instant ticket games and online games. The Legislature
89finds that, from time to time, the department must respond as
90quickly as is practicable to changes in the marketplace when
91creating and promoting instant ticket games and online games.
92Therefore, in adopting emergency rules for the purpose of
93implementing and promoting such games, the department need not
94make the findings required by s. 120.54(4)(a). Emergency rules
95adopted under this subsection are exempt from s. 120.54(4)(c)
96and shall remain in effect until expiration of the specific
97instant ticket game or online game that is the subject of the
98emergency rule.
99     (13)  Have the authority to perform any of the functions of
100the Department of Management Services under chapter 255, chapter
101273, chapter 281, chapter 283, or chapter 287, or any rules
102adopted under any such chapter, and may grant approvals provided
103for under any such chapter or rules. If the department finds, by
104rule, that compliance with any such chapter would impair or
105impede the effective or efficient operation of the lottery, the
106department may adopt rules providing alternative procurement
107procedures. Such alternative procedures shall be designed to
108allow the department to evaluate competing proposals and select
109the proposal that provides the greatest long-term benefit to the
110state with respect to the quality of the products or services,
111dependability and integrity of the vendor, dependability of the
112vendor's products or services, security, competence, timeliness,
113and maximization of gross revenues and net proceeds over the
114life of the contract.
115     (13)(14)  Have the authority to acquire real property and
116make improvements thereon. The title to such property shall be
117vested in the Board of Trustees of the Internal Improvement
118Trust Fund. The board shall give the department preference in
119leasing state-owned lands under the board's control and may not
120exercise any jurisdiction over lands purchased or leased by the
121department while such lands are actively used by the department.
122Actions of the department under this subsection are exempt from
123the time limitations and deadlines of chapter 253.
124     (14)(15)  Have the authority to charge fees to persons
125applying for contracts as vendors or retailers, which fees are
126reasonably calculated to cover the costs of investigations and
127other activities related to the processing of the application.
128     (15)(16)  Enter into contracts for the purchase, lease, or
129lease-purchase of such goods and services as are necessary for
130the operation and promotion of the state lottery, including
131assistance provided by any governmental agency.
132     (16)(17)  In accordance with the provisions of this act,
133enter into contracts with retailers so as to provide adequate
134and convenient availability of tickets to the public for each
135game.
136     (17)(18)  Have the authority to enter into agreements with
137other states for the operation and promotion of a multistate
138lottery if such agreements are in the best interest of the state
139lottery. The authority conferred by this subsection is not
140effective until 1 year after the first day of lottery ticket
141sales.
142     (18)(19)  Employ division directors and other staff as may
143be necessary to carry out the provisions of this act; however:
144     (a)  No person shall be employed by the department who has
145been convicted of, or entered a plea of guilty or nolo
146contendere to, a felony committed in the preceding 10 years,
147regardless of adjudication, unless the department determines
148that:
149     1.  The person has been pardoned or his or her civil rights
150have been restored; or
151     2.  Subsequent to such conviction or entry of plea the
152person has engaged in the kind of law-abiding commerce and good
153citizenship that would reflect well upon the integrity of the
154lottery.
155     (b)  No officer or employee of the department having
156decisionmaking authority shall participate in any decision
157involving any vendor or retailer with whom the officer or
158employee has a financial interest. No such officer or employee
159may participate in any decision involving any vendor or retailer
160with whom the officer or employee has discussed employment
161opportunities without the approval of the secretary or, if such
162officer is the secretary, without the approval of the Governor.
163Any officer or employee of the department shall notify the
164secretary of any such discussion or, if such officer is the
165secretary, he or she shall notify the Governor. A violation of
166this paragraph is punishable in accordance with s. 112.317.
167     (c)  No officer or employee of the department who leaves
168the employ of the department shall represent any vendor or
169retailer before the department regarding any specific matter in
170which the officer or employee was involved while employed by the
171department, for a period of 1 year following cessation of
172employment with the department. A violation of this paragraph is
173punishable in accordance with s. 112.317.
174     (19)(d)  The department shall adopt by rule establish and
175maintain a personnel program for its employees, including a
176personnel classification and pay plan which may provide any or
177all of the benefits provided in the Senior Management Service or
178Selected Exempt Service.
179     (a)  Each officer or employee of the department shall be a
180member of the Florida Retirement System. The retirement class of
181each officer or employee shall be the same as other persons
182performing comparable functions for other agencies.
183     (b)  Employees of the department shall serve at the
184pleasure of the secretary and shall be subject to suspension,
185dismissal, reduction in pay, demotion, transfer, or other
186personnel action at the discretion of the secretary. Such
187personnel actions are exempt from the provisions of chapter 120.
188     (c)  All employees of the department are exempt from the
189Career Service System provided in chapter 110 and,
190notwithstanding the provisions of s. 110.205(5), are not
191included in either the Senior Management Service or the Selected
192Exempt Service. However, all employees of the department are
193subject to all standards of conduct adopted by rule for career
194service and senior management employees pursuant to chapter 110.
195In the event of a conflict between standards of conduct
196applicable to employees of the Department of the Lottery the
197more restrictive standard shall apply. Interpretations as to the
198more restrictive standard may be provided by the Commission on
199Ethics upon request of an advisory opinion pursuant to s.
200112.322(3)(a), for purposes of this subsection the opinion shall
201be considered final action.
202     (20)  Adopt by rule a code of ethics for officers and
203employees of the department which supplements the standards of
204conduct for public officers and employees imposed by law.
205     Section 2.  Section 24.109, Florida Statutes, is repealed.
206     Section 3.  Sections 287.042(1)(h) and 287.057(23), Florida
207Statutes, do not apply to procurements of commodities or
208services specific to the lottery industry and for which the
209Department of the Lottery is the sole purchaser in the state.
210Such procurements may include a lottery gaming system, instant
211tickets, and related commodities or services.     
212     Section 4.  (1)  Any emergency rule adopted by the
213Department of the Lottery on or before July 1, 2010, directly
214relating to retailers; lost, stolen, or damaged instant tickets;
215and payment of stolen instant tickets shall be deemed rules
216adopted pursuant to s. 120.54(3), Florida Statutes, and shall
217remain in effect until amended or repealed by the department.
218The Department of State shall renumber such rules as necessary.
219     (2)  Except for the rules described in subsection (1), all
220rules, or portions thereof, in existence on July 1, 2010, that
221were adopted in a manner no longer authorized by this act shall
222stand repealed on January 1, 2011.
223     Section 5.  This act shall take effect on July 1, 2010.


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