Florida Senate - 2011                                     SB 418
       By Senator Flores
       38-00634-11                                            2011418__
    1                        A bill to be entitled                      
    2         An act relating to state lotteries; amending s.
    3         24.112, F.S.; requiring each retailer of lottery
    4         tickets to provide assistance to any individual who is
    5         blind or visually impaired and has requested
    6         assistance in filling out his or her lottery ticket;
    7         providing a definition; providing that a retailer or
    8         an employee of the retailer is not liable under
    9         certain circumstances; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (13) of section 24.112, Florida
   14  Statutes, is amended to read:
   15         24.112 Retailers of lottery tickets.—
   16         (13)(a) Each retailer shall provide accessibility for
   17  disabled persons on habitable grade levels. This paragraph
   18  subsection does not apply to a retail location which has an
   19  entrance door threshold more than 12 inches above ground level.
   20  As used in this paragraph herein and for purposes of this
   21  subsection only, the term “accessibility for disabled persons on
   22  habitable grade levels” means that retailers shall provide
   23  ramps, platforms, aisles and pathway widths, turnaround areas,
   24  and parking spaces to the extent these are required for the
   25  retailer’s premises by the particular jurisdiction where the
   26  retailer is located. Accessibility shall be required to only one
   27  point of sale of lottery tickets for each lottery retailer
   28  location. The requirements of this paragraph subsection shall be
   29  deemed to have been met if, in lieu of the foregoing, disabled
   30  persons can purchase tickets from the retail location by means
   31  of a drive-up window, provided the hours of access at the drive
   32  up window are not less than those provided at any other entrance
   33  at that lottery retailer location. Inspections for compliance
   34  with this paragraph subsection shall be performed by those
   35  enforcement authorities responsible for enforcement pursuant to
   36  s. 553.80 in accordance with procedures established by those
   37  authorities. Those enforcement authorities shall provide to the
   38  Department of the Lottery a certification of noncompliance for
   39  any lottery retailer not meeting such requirements.
   40         (b) Each retailer shall provide assistance to any
   41  individual who is blind or visually impaired and has requested
   42  assistance in filling out his or her lottery ticket. As used in
   43  this paragraph, the term “assistance” means the inputting and
   44  printing of the requested lottery ticket as communicated
   45  verbally or in writing by the blind or visually impaired
   46  individual. A retailer or an employee of the retailer is not
   47  liable for any alleged or actual scrivener’s error absent a
   48  finding of intentional fraud or malice by a court of competent
   49  jurisdiction.
   50         Section 2. This act shall take effect July 1, 2011.