Florida Senate - 2026 SB 530
By Senator Simon
3-00463C-26 2026530__
1 A bill to be entitled
2 An act relating to state lotteries; amending s.
3 24.103, F.S.; defining the term “ball machine”;
4 revising the definitions of the terms “major
5 procurement” and “retailer”; amending s. 24.105, F.S.;
6 revising the powers and duties of the Department of
7 the Lottery; amending s. 24.108, F.S.; revising the
8 schedule for the department to have a certain report
9 produced and submitted to the Governor and the
10 Legislature; amending s. 24.111, F.S.; revising the
11 information required to be provided to the department
12 by persons who submit a bid, a proposal, or an offer
13 to negotiate a contract for major procurement;
14 amending s. 24.112, F.S.; revising the bond amount a
15 retailer may be required to post for the period within
16 which the retailer is required to remit lottery funds
17 to the department; revising certain requirements
18 relating to lottery vending machines; amending s.
19 24.116, F.S.; authorizing the division’s sworn law
20 enforcement officers to purchase and present lottery
21 tickets to a lottery retailer to claim a prize under
22 certain circumstances; amending s. 24.118, F.S.;
23 revising certain prohibitions and penalties relating
24 to presenting a counterfeit or altered state lottery
25 ticket; prohibiting certain false claims relating to
26 state lottery tickets; prohibiting a lottery retailer
27 or an employee thereof from using such position to
28 knowingly facilitate, participate in, or otherwise
29 assist in the theft of a lottery ticket from a retail
30 establishment, patron, or customer; providing criminal
31 penalties; defining the terms “patron” and “customer”;
32 providing an effective date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. Present subsections (1) through (6) of section
37 24.103, Florida Statutes, are redesignated as subsections (2)
38 through (7), respectively, a new subsection (1) is added to that
39 section, and present subsections (2) and (4) of that section are
40 amended, to read:
41 24.103 Definitions.—As used in this act:
42 (1) “Ball machine” means a device that mechanically mixes a
43 set of numbered balls and then randomly draws from that mix to
44 determine the winning numbers for a specific game.
45 (3)(2) “Major procurement” means a procurement for a
46 contract for the printing of tickets for use in any lottery
47 game, consultation services for the startup of the lottery, any
48 goods or services involving the official recording for lottery
49 game play purposes of a player’s selections in any lottery game
50 involving player selections, any goods or services involving the
51 receiving of a player’s selection directly from a player in any
52 lottery game involving player selections, any goods or services
53 involving the drawing, determination, or generation of winners
54 in any lottery game, the security report services provided for
55 in this act, or any goods and services relating to marketing and
56 promotion which exceed a value of $25,000.
57 (5)(4) “Retailer” means the department or a person who
58 sells lottery tickets on behalf of the department pursuant to a
59 contract.
60 Section 2. Present paragraphs (i) and (j) of subsection (9)
61 of section 24.105, Florida Statutes, are redesignated as
62 paragraphs (j) and (k), respectively, a new paragraph (i) is
63 added to that subsection, and paragraphs (a) and (d) of
64 subsection (9) and subsection (17) of that section are amended,
65 to read:
66 24.105 Powers and duties of department.—The department
67 shall:
68 (9) Adopt rules governing the establishment and operation
69 of the state lottery, including:
70 (a) The type of lottery games to be conducted, except that:
71 1. The No name of an elected official may not shall appear
72 on the ticket or play slip of any lottery game or on any prize
73 or on any instrument used for the payment of prizes, unless such
74 prize is in the form of a state warrant.
75 2. No Coins or currency may not shall be dispensed from any
76 electronic computer terminal or device used in any lottery game.
77 3. Other than as specifically provided in s. 24.112, a no
78 terminal or device may not be used for any lottery game which
79 may be operated solely by the player without the assistance of
80 the retailer.
81 (d) The method of selecting winning tickets. However, if a
82 lottery game involves the use of a ball machine to conduct a
83 drawing, the drawing must shall be public and witnessed by an
84 accountant employed by an independent certified public
85 accounting firm. The department shall inspect the equipment used
86 in the drawing shall be inspected before and after the drawing.
87 (i) The acceptable forms of payment for ticket purchases.
88 (17) Have the authority to Enter into agreements with other
89 states for the operation and promotion of a multistate lottery
90 if such agreements are in the best interest of the state
91 lottery. The authority conferred by this subsection is not
92 effective until 1 year after the first day of lottery ticket
93 sales.
94 Section 3. Subsections (6) and (7) of section 24.108,
95 Florida Statutes, are amended to read:
96 24.108 Division of Security; duties; security report.—
97 (6) The division shall monitor ticket validation and
98 lottery drawings where ball machines are used to select winning
99 numbers.
100 (7)(a) By July 1, 2027, and once every 2 years thereafter
101 After the first full year of sales of tickets to the public, or
102 sooner if the secretary deems necessary, the department shall
103 engage an independent firm experienced in security procedures,
104 including, but not limited to, computer security and systems
105 security, to conduct a comprehensive study and evaluation of all
106 aspects of security in the operation of the department.
107 (b) The portion of the security report containing the
108 overall evaluation of the department in terms of each aspect of
109 security must shall be presented to the Governor, the President
110 of the Senate, and the Speaker of the House of Representatives.
111 The portion of the security report containing specific
112 recommendations is shall be confidential and must shall be
113 presented only to the secretary, the Governor, and the Auditor
114 General; however, upon certification that such information is
115 necessary for the purpose of effecting legislative changes, such
116 information must shall be disclosed to the President of the
117 Senate and the Speaker of the House of Representatives, who may
118 disclose such information to members of the Legislature and
119 legislative staff as necessary to effect such purpose. However,
120 any person who receives a copy of such information or other
121 information which is confidential pursuant to this act or rule
122 of the department shall maintain its confidentiality. The
123 confidential portion of the report is exempt from the provisions
124 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
125 (c) Thereafter, similar studies of security shall be
126 conducted as the department deems appropriate but at least once
127 every 2 years.
128 Section 4. Subsection (2) of section 24.111, Florida
129 Statutes, is amended to read:
130 24.111 Vendors; disclosure and contract requirements.—
131 (2) The department shall investigate the financial
132 responsibility, security, and integrity of each vendor with
133 which it intends to negotiate a contract for major procurement.
134 Such investigation may include an investigation of the financial
135 responsibility, security, and integrity of any or all persons
136 whose names and addresses are required to be disclosed pursuant
137 to paragraph (a). Any person who submits a bid, a proposal, or
138 an offer as part of a major procurement must, at the time of
139 submitting such bid, proposal, or offer, provide the following:
140 (a) A disclosure of the vendor’s name and address and, as
141 applicable, the name and address and any additional disclosures
142 necessary for an investigation of the financial responsibility,
143 security, and integrity of the following:
144 1. If the vendor is a corporation, the officers, directors,
145 and each stockholder in such corporation; except that, in the
146 case of owners of equity securities of a publicly traded
147 corporation, only the names and addresses of those known to the
148 corporation to own beneficially 5 percent or more of such
149 securities need be disclosed.
150 2. If the vendor is a trust, the trustee and all persons
151 entitled to receive income or benefit from the trust.
152 3. If the vendor is an association, the members, officers,
153 and directors.
154 4. If the vendor is a partnership or joint venture, all of
155 the general partners, limited partners, or joint venturers.
156
157 If the vendor subcontracts any substantial portion of the work
158 to be performed to a subcontractor, the vendor must shall
159 disclose all of the information required by this paragraph for
160 the subcontractor as if the subcontractor were itself a vendor.
161 (b) A disclosure of all the states and jurisdictions in
162 which the vendor does business and of the nature of that
163 business for each such state or jurisdiction.
164 (c) A disclosure of all the states and jurisdictions in
165 which the vendor has contracts to supply gaming goods or
166 services, including, but not limited to, lottery goods and
167 services, and of the nature of the goods or services involved
168 for each such state or jurisdiction.
169 (d) A disclosure of all the states and jurisdictions in
170 which the vendor has applied for, has sought renewal of, has
171 received, has been denied, has pending, or has had revoked a
172 gaming license or contract of any kind and of the disposition of
173 such in each such state or jurisdiction. If any gaming license
174 or contract has been revoked or has not been renewed or any
175 gaming license or contract application has been either denied or
176 is pending and has remained pending for more than 6 months, all
177 of the facts and circumstances underlying this failure to
178 receive such a license must be disclosed.
179 (e) A disclosure of the details of any conviction or
180 judgment of a state or federal court of the vendor of any felony
181 or any other criminal offense other than a traffic violation.
182 (f) A disclosure of the details of any bankruptcy,
183 insolvency, reorganization, or any pending litigation of the
184 vendor.
185 (g) Such additional disclosures and information as the
186 department may determine to be appropriate for the procurement
187 involved.
188 (h) The department shall lease all vending machines that
189 dispense online lottery tickets, instant lottery tickets, or
190 both online and instant lottery tickets.
191 (i) The department will require a performance bond for the
192 duration of the contract.
193
194 The department may shall not contract with any vendor who fails
195 to make the disclosures required by this subsection, and any
196 contract with a vendor who has failed to make the required
197 disclosures is shall be unenforceable. Any contract with any
198 vendor who does not comply with such requirements for
199 periodically updating such disclosures during the tenure of such
200 contract as may be specified in such contract may be terminated
201 by the department. This subsection must shall be construed
202 broadly and liberally to achieve the ends of full disclosure of
203 all information necessary to allow for a full and complete
204 evaluation by the department of the competence, integrity,
205 background, and character of vendors for major procurements.
206 Section 5. Subsection (9) and paragraph (a) of subsection
207 (15) of section 24.112, Florida Statutes, are amended to read:
208 24.112 Retailers of lottery tickets; authorization of
209 vending machines to dispense lottery tickets.—
210 (9)(a) The department may require every retailer to post an
211 appropriate bond as determined by the department, using an
212 insurance company acceptable to the department, in an amount not
213 to exceed three times twice the average lottery ticket sales of
214 the retailer for the period within which the retailer is
215 required to remit lottery funds to the department. For the first
216 90 days of sales of a new retailer, the amount of the bond may
217 not exceed three times twice the average estimated lottery
218 ticket sales for the period within which the retailer is
219 required to remit lottery funds to the department. This
220 paragraph does shall not apply to lottery tickets which are
221 prepaid by the retailer.
222 (b) In lieu of such bond, the department may do any of the
223 following:
224 1. Purchase blanket bonds covering all or selected
225 retailers.
226 2. or may Allow a retailer to deposit and maintain with the
227 Chief Financial Officer securities that are interest bearing or
228 accruing and that, with the exception of those specified in sub
229 subparagraphs a. and b. subparagraphs 1. and 2., are rated in
230 one of the four highest classifications by an established
231 nationally recognized investment rating service. Securities
232 eligible under this subparagraph are paragraph shall be limited
233 to:
234 a.1. Certificates of deposit issued by solvent banks or
235 savings associations organized and existing under the laws of
236 this state or under the laws of the United States and having
237 their principal place of business in this state.
238 b.2. United States bonds, notes, and bills for which the
239 full faith and credit of the government of the United States is
240 pledged for the payment of principal and interest.
241 c.3. General obligation bonds and notes of any political
242 subdivision of the state.
243 d.4. Corporate bonds of any corporation that is not an
244 affiliate or subsidiary of the depositor.
245 3. Allow a retailer to remit funds to the department for
246 deposit in an interest-bearing bank account held by the
247 department.
248
249 Such securities must shall be held in trust and shall have at
250 all times a market value at least equal to an amount required by
251 the department.
252 (15) A vending machine may be used to dispense online
253 lottery tickets, instant lottery tickets, or both online and
254 instant lottery tickets.
255 (a) The vending machine must:
256 1. Dispense a lottery ticket following receipt of payment
257 from after a purchaser via inserts a coin, or currency, or a
258 noncredit, cashless payment method authorized by the department;
259 in the machine.
260 2. Be capable of being electronically deactivated for a
261 period of 5 minutes or more; and.
262 3. Be designed to prevent its use for any purpose other
263 than dispensing a lottery ticket.
264 Section 6. Subsection (2) of section 24.116, Florida
265 Statutes, is amended to read:
266 24.116 Unlawful purchase of lottery tickets; penalty.—
267 (2) An No officer or employee of the department or any
268 relative living in the same household with such officer or
269 employee may not purchase a lottery ticket. Sworn law
270 enforcement officers employed by the Division of Security may
271 purchase lottery tickets and present lottery tickets to a
272 lottery retailer to claim a prize when such purchase or
273 presentation of lottery tickets is necessary for the performance
274 of the officers’ official duties, including, but not limited to,
275 compliance operations and investigations.
276 Section 7. Subsection (3) of section 24.118, Florida
277 Statutes, is amended, and subsections (5) and (6) are added to
278 that section, to read:
279 24.118 Other prohibited acts; penalties.—
280 (3) COUNTERFEIT OR ALTERED TICKETS.—A Any person who:
281 (a) Knowingly presents a counterfeit or altered state
282 lottery ticket;
283 (b) Knowingly transfers a counterfeit or altered state
284 lottery ticket to another to present for payment; or
285 (c) With intent to defraud, falsely makes, alters, forges,
286 passes, or counterfeits a state lottery ticket; or
287 (d) Files with the department a claim for payment based
288 upon facts alleged by the claimant which facts are untrue and
289 known by the claimant to be untrue when the claim is made;
290
291 commits is guilty of a felony of the third degree, punishable as
292 provided in s. 775.082, s. 775.083, or s. 775.084.
293 (5) FALSE CLAIM.—A person may not, when presenting or
294 causing to be presented any claim for payment or approval to an
295 officer or employee of the department or to a lottery retailer,
296 knowingly and willfully:
297 (a) Falsify or conceal a material fact;
298 (b) Make any false, fictitious, or fraudulent statement or
299 representation relating to a material fact; or
300 (c) Make or use any false document, knowing the document
301 contains a false, fictitious, or fraudulent statement or entry
302 relating to a material fact.
303
304 A person who violates this subsection commits a felony of the
305 third degree, punishable as provided in s. 775.082, s. 775.083,
306 or s. 775.084.
307 (6) THEFT OF LOTTERY TICKET BY RETAILER.—
308 (a) A lottery retailer or an employee thereof may not use
309 his or her position to knowingly facilitate, participate in, or
310 otherwise assist in the theft of any lottery ticket from the
311 retail establishment or from a patron or customer of the retail
312 establishment.
313 (b) A person who violates paragraph (a) commits a felony of
314 the third degree, punishable as provided in s. 775.082, s.
315 775.083, or s. 775.084.
316 (c) As used in this subsection, the terms “patron” and
317 “customer” include a sworn law enforcement officer of the
318 Division of Security presenting a lottery ticket to a lottery
319 retailer to claim a prize during the performance of the law
320 enforcement officer’s official duties.
321 Section 8. This act shall take effect July 1, 2026.