Florida Senate - 2012 SB 902
By Senator Jones
13-00763A-12 2012902__
1 A bill to be entitled
2 An act relating to the Department of the Lottery;
3 amending s. 24.105, F.S.; deleting provisions
4 authorizing the use of player-activated machines that
5 dispense instant lottery game tickets; amending s.
6 24.111, F.S.; requiring the department to lease
7 vending machines that dispense online lottery tickets
8 or instant lottery tickets; amending s. 24.112, F.S.;
9 authorizing the use of vending machines to dispense
10 online lottery tickets or instant lottery tickets;
11 specifying requirements for the vending machines;
12 specifying requirements for retailers that use the
13 vending machines; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Paragraph (a) of subsection (9) of section
18 24.105, Florida Statutes, is amended to read:
19 24.105 Powers and duties of department.—The department
20 shall:
21 (9) Adopt rules governing the establishment and operation
22 of the state lottery, including:
23 (a) The type of lottery games to be conducted, except that:
24 1. The No name of an elected official may not shall appear
25 on the ticket or play slip of any lottery game or on any prize
26 or on any instrument used for the payment of prizes, unless such
27 prize is in the form of a state warrant.
28 2. No Coins or currency may not shall be dispensed from any
29 electronic computer terminal or device used in any lottery game.
30 3. Other than as expressly provided in s. 24.112(15)
31 subparagraph 4., a no terminal or device may not be used for any
32 lottery game which may be operated solely by the player without
33 the assistance of the retailer.
34 4. The only player-activated machine which may be utilized
35 is a machine which dispenses instant lottery game tickets
36 following the insertion of a coin or currency by a ticket
37 purchaser. To be authorized a machine must: be under the
38 supervision and within the direct line of sight of the lottery
39 retailer to ensure that the machine is monitored and only
40 operated by persons at least 18 years of age; be capable of
41 being electronically deactivated by the retailer to prohibit use
42 by persons less than 18 years of age through the use of a
43 lockout device that maintains the machine’s deactivation for a
44 period of no less than 5 minutes; and be designed to prevent its
45 use or conversion for use in any manner other than the
46 dispensing of instant lottery tickets. Authorized machines may
47 dispense change to players purchasing tickets but may not be
48 utilized for paying the holders of winning tickets of any kind.
49 At least one clerk must be on duty at the lottery retailer while
50 the machine is in operation. However, at least two clerks must
51 be on duty at any lottery location which has violated s.
52 24.1055.
53 Section 2. Paragraph (h) of subsection (2) of section
54 24.111, Florida Statutes, is amended to read:
55 24.111 Vendors; disclosure and contract requirements.—
56 (2) The department shall investigate the financial
57 responsibility, security, and integrity of each vendor with
58 which it intends to negotiate a contract for major procurement.
59 Such investigation may include an investigation of the financial
60 responsibility, security, and integrity of any or all persons
61 whose names and addresses are required to be disclosed pursuant
62 to paragraph (a). Any person who submits a bid, proposal, or
63 offer as part of a major procurement must, at the time of
64 submitting such bid, proposal, or offer, provide the following:
65 (h) The department shall lease all instant ticket vending
66 machines that dispense online lottery tickets or instant lottery
67 tickets.
68
69 The department shall not contract with any vendor who fails to
70 make the disclosures required by this subsection, and any
71 contract with a vendor who has failed to make the required
72 disclosures shall be unenforceable. Any contract with any vendor
73 who does not comply with such requirements for periodically
74 updating such disclosures during the tenure of such contract as
75 may be specified in such contract may be terminated by the
76 department. This subsection shall be construed broadly and
77 liberally to achieve the ends of full disclosure of all
78 information necessary to allow for a full and complete
79 evaluation by the department of the competence, integrity,
80 background, and character of vendors for major procurements.
81 Section 3. Subsection (15) is added to section 24.112,
82 Florida Statutes, to read:
83 24.112 Retailers of lottery tickets.—
84 (15) A vending machine may be used to dispense online
85 lottery tickets, instant lottery tickets, or both online and
86 instant lottery tickets.
87 (a) The vending machine must:
88 1. Dispense a lottery ticket after a purchaser inserts a
89 coin or currency in the machine.
90 2. Be capable of being electronically deactivated for a
91 period of 5 minutes or more.
92 3. Be designed to prevent its use for any purpose other
93 than dispensing a lottery ticket.
94 (b) In order to be authorized to use a vending machine to
95 dispense lottery tickets, a retailer must:
96 1. Locate the vending machine in the retailer’s direct line
97 of sight to ensure that purchases are made only by persons at
98 least 18 years of age.
99 2. Ensure that at least one employee is on duty when the
100 vending machine is available for use. However, if the retailer
101 has previously violated s. 24.1055, at least two employees must
102 be on duty when the vending machine is available for use.
103 (c) A vending machine that dispenses a lottery ticket may
104 dispense change to a purchaser but may not be used to redeem any
105 type of winning lottery ticket.
106 (d) The vending machine, or any machine or device linked to
107 the vending machine, may not include or make use of video reels
108 or mechanical reels or other video depictions of slot machine or
109 casino game themes or titles for game play. This does not
110 preclude the use of casino game themes or titles on such tickets
111 or signage or advertising displays on the machines.
112 Section 4. This act shall take effect July 1, 2012.