Senate Bill 1816

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    Florida Senate - 1999                                  SB 1816

    By Senator Thomas





    3-1172A-99

  1                      A bill to be entitled

  2         An act relating to the state lotteries;

  3         creating s. 24.1153, F.S.; authorizing the

  4         assignment of certain prizes pursuant to a

  5         court order and providing requirements

  6         therefor; providing for the securing of funds

  7         offset for child-support payments or debts owed

  8         to a state agency; exempting the Department of

  9         the Lottery from liability upon payment of an

10         assigned prize; authorizing a fee to defray the

11         administrative expenses associated with such

12         assignments; providing circumstances under

13         which such court orders may no longer be

14         issued; amending ss. 24.115, 24.118, F.S.,

15         relating to payment of prizes and unlawful

16         assignment or transfer of a right to claim a

17         prize, to conform; providing an effective date.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Section 24.1153, Florida Statutes, is

22  created to read:

23         24.1153  Assignment of prizes payable in installments

24  over time.--

25         (1)  The right of any person to receive payments under

26  a prize that is paid in installments over time by the

27  department may be voluntarily assigned, in whole or in part,

28  if the assignment is made to a person or entity designated

29  pursuant to an order of a court of competent jurisdiction

30  located in the judicial district where the assigning prize

31  winner resides or where the headquarters of the department is

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    Florida Senate - 1999                                  SB 1816
    3-1172A-99




  1  located. A court may issue an order approving a voluntary

  2  assignment and directing the department to make prize payments

  3  in whole or in part to the designated assignee, if the court

  4  finds that all of the following conditions have been met:

  5         (a)  The assignment is in writing, is executed by the

  6  assignor, and is, by its terms, subject to the laws of this

  7  state.

  8         (b)  The purchase price being paid for the payments

  9  being assigned represents a present value of the payments

10  being assigned, discounted at an annual rate that does not

11  exceed the state's usury limit for loans.

12         (c)  The assignor provides a sworn affidavit attesting

13  that he or she:

14         1.  Is of sound mind, is in full command of his or her

15  faculties, and is not acting under duress;

16         2.  Has been advised regarding the assignment by his or

17  her own independent legal counsel, who is unrelated to and is

18  not being compensated by the assignee or any of the assignee's

19  affiliates, and has received independent financial or tax

20  advice concerning the effects of the assignment from a lawyer

21  or other professional who is unrelated to and is not being

22  compensated by the assignee or any of the assignee's

23  affiliates;

24         3.  Understands that he or she will not receive the

25  prize payments or portions thereof for the years assigned;

26         4.  Understands and agrees that with regard to the

27  assigned payments the department and its officials and

28  employees will have no further liability or responsibility to

29  make the assigned payments to him or her;

30         5.  Has been provided with a one-page written

31  disclosure statement setting forth, in bold type of not less

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    Florida Senate - 1999                                  SB 1816
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  1  than 14 points, the payments being assigned, by amounts and

  2  payment dates; the purchase price being paid; the rate of

  3  discount to present value, assuming daily compounding and

  4  funding on the contract date; and the amount, if any, of any

  5  origination or closing fees that will be charged to him or

  6  her; and

  7         6.  Was advised in writing, at the time he or she

  8  signed the assignment contract, that he or she had the right

  9  to cancel the contract, without any further obligation, within

10  3 business days following the date on which the contract was

11  signed.

12         (d)  Written notice of the proposed assignment and any

13  court hearing concerning the proposed assignment is provided

14  to the department's counsel at least 10 days prior to any

15  court hearing. The department is not required to appear in or

16  be named as a party to any such action seeking judicial

17  confirmation of an assignment under this section, but may

18  intervene as of right in any such proceeding.

19         (2)  In accordance with the provisions of s. 24.115(4),

20  a voluntary assignment may not include or cover payments or

21  portions of payments that are subject to offset on account of

22  a defaulted or delinquent child-support obligation or on

23  account of a debt owed to a state agency, unless appropriate

24  provision is made in the court order to satisfy the

25  obligations giving rise to the offset.

26         (3)  The department, and its respective officials and

27  employees, shall be discharged of all liability upon payment

28  of an assigned prize under this section.

29         (4)  The department may establish a reasonable fee to

30  defray any administrative expenses associated with assignments

31  made under this section, including the cost to the department

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    Florida Senate - 1999                                  SB 1816
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  1  of any processing fee that may be imposed by a private annuity

  2  provider. The fee amount shall reflect the direct and indirect

  3  costs associated with processing such assignments.

  4         (5)  If at any time the Internal Revenue Service or a

  5  court of competent jurisdiction issues a determination letter,

  6  revenue ruling, other public ruling of the Internal Revenue

  7  Service, or published decision to any state lottery or prize

  8  winner of any state lottery declaring that the voluntary

  9  assignment of prizes will affect the federal income tax

10  treatment of prize winners who do not assign their prizes, the

11  secretary of the department shall immediately file a copy of

12  that letter, ruling, or published decision with the Secretary

13  of State and the Office of the State Courts Administrator. A

14  court may not issue an order authorizing a voluntary

15  assignment under this section after the date any such ruling,

16  letter, or published decision is filed.

17         (6)  Prize winners entitled to choose between payment

18  options may elect to receive a lump sum cash award only during

19  the 60-day period commencing after the winning draw date.

20         (7)  With regard to any prize paid over a course of

21  years in accordance with a schedule established by the

22  department at the time of award, the department shall not

23  alter the timing or amount of scheduled payments or otherwise

24  accelerate, defer, commute, or discount such scheduled

25  payments.

26         Section 2.  Paragraph (a) of subsection (1) of section

27  24.115, Florida Statutes, is amended to read:

28         24.115  Payment of prizes.--

29         (1)  The department shall promulgate rules to establish

30  a system of verifying the validity of tickets claimed to win

31  prizes and to effect payment of such prizes; however:

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    Florida Senate - 1999                                  SB 1816
    3-1172A-99




  1         (a)  The right of any person to a prize, other than a

  2  prize that is payable in installments over time, is shall not

  3  be assignable. However, any a prize, to the extent that it has

  4  not already been assigned or encumbered, may be paid to the

  5  estate of a deceased prize winner or to a person designated

  6  pursuant to an appropriate court judicial order. A prize that

  7  is payable in installments over time is assignable, but only

  8  pursuant to an appropriate court order as provided in s.

  9  24.1153.

10         Section 3.  Subsection (2) of section 24.118, Florida

11  Statutes, is amended to read:

12         24.118  Other prohibited acts; penalties.--

13         (2)  UNLAWFUL ASSIGNMENT OR TRANSFER OF RIGHT TO CLAIM

14  PRIZE.--Except as authorized in s. 24.1153, any person who

15  induces another to assign or transfer his or her right to

16  claim a prize, who offers for sale his or her right to claim a

17  prize, or who offers for compensation to claim the prize of

18  another is guilty of a misdemeanor of the first degree,

19  punishable as provided in s. 775.082 or s. 775.083.

20         Section 4.  This act shall take effect July 1, 1999.

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22            *****************************************

23                          SENATE SUMMARY

24    Authorizes the assignment of certain lottery prizes
      pursuant to a court order. Provides requirements for such
25    assignments and provides for the securing of funds offset
      for child-support payments or debts owed to a state
26    agency. Exempts the Department of the Lottery from
      liability upon the payment of an assigned prize.
27    Authorizes an administrative fee to defray administrative
      expenses associated with such assignments. Provides
28    circumstances under which court orders may not be issued.

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