Senate Bill sb0628

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    Florida Senate - 2004                                   SB 628

    By Senator Wise





    5-677-04

  1                      A bill to be entitled

  2         An act relating to lottery funds; amending ss.

  3         24.115 and 24.121, F.S.; providing for the

  4         transfer of a percentage of unclaimed lottery

  5         prize moneys into the Educational Enhancement

  6         Trust Fund; providing for the uses of such

  7         moneys; requiring that the remaining unclaimed

  8         funds be added to the pool from which future

  9         prizes are to be awarded or used for special

10         prize promotions; providing for an analysis and

11         report by the Department of Lottery and the

12         Office of Program Policy Analysis and

13         Government Accountability; increasing the

14         percentage of the gross revenue from the sale

15         of on-line lottery tickets and other lottery

16         revenue which must be deposited into the

17         Educational Enhancement Trust Fund; providing

18         an effective date.

19  

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

21  

22         Section 1.  Subsection (2) of section 24.115, Florida

23  Statutes, is amended to read:

24         24.115  Payment of prizes.--

25         (2)  No later than the last day of each calendar

26  quarter, the department shall transfer 60 percent of unclaimed

27  prize money to the Educational Enhancement Trust Fund to be

28  used for reading-enhancement initiatives in grades K-12 which

29  are identified under s. 24.121(5)(g). The remaining unclaimed

30  prize money shall be added to the pool from which future

31  prizes are to be awarded or used for special prize promotions.

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    Florida Senate - 2004                                   SB 628
    5-677-04




 1  The Department of Lottery, in coordination with the Office of

 2  Program Policy Analysis and Government Accountability, shall

 3  track all unclaimed prize money added to the pool to determine

 4  the return on investment from the money and to assess the

 5  point of diminishing returns from the reinvestment of

 6  unclaimed prize money into the prize pool. The department and

 7  the Office of Program Policy Analysis and Government

 8  Accountability shall issue to the Governor, the President of

 9  the Senate, and the Speaker of the House of Representatives by

10  December 31 of each year a report that sets forth in detail

11  information relating to return on the reinvestment of

12  unclaimed prize money and an analysis of where the point of

13  diminishing returns from investment should occur. All

14  unclaimed prize money shall be added to the pool from which

15  future prizes are to be awarded or used for special prize

16  promotions.

17         Section 2.  Subsection (2) and paragraph (b) of

18  subsection (5) of section 24.121, Florida Statutes, are

19  amended, and paragraph (g) is added to subsection (5) of that

20  section, to read:

21         24.121  Allocation of revenues and expenditure of funds

22  for public education.--

23         (2)  Each fiscal year, at least 40 39 percent of the

24  gross revenue from the sale of on-line lottery tickets,

25  variable percentages of the gross revenue from the sale of

26  instant lottery tickets as determined by the department

27  consistent with subsection (1), and other earned revenue,

28  excluding application processing fees, shall be deposited in

29  the Educational Enhancement Trust Fund, which is hereby

30  created in the State Treasury to be administered by the

31  Department of Education. The Department of the Lottery shall

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    Florida Senate - 2004                                   SB 628
    5-677-04




 1  transfer moneys to the Educational Enhancement Trust Fund at

 2  least once each quarter. Funds in the Educational Enhancement

 3  Trust Fund shall be used to the benefit of public education in

 4  accordance with the provisions of this act. Notwithstanding

 5  any other provision of law, lottery revenues transferred to

 6  the Educational Enhancement Trust Fund shall be reserved as

 7  needed and used to meet the requirements of the documents

 8  authorizing the bonds issued by the state pursuant to s.

 9  1013.68, s. 1013.70, or s. 1013.737 or distributed to school

10  districts for the Classrooms First Program as provided in s.

11  1013.68. Such lottery revenues are hereby pledged to the

12  payment of debt service on bonds issued by the state pursuant

13  to s. 1013.68, s. 1013.70, or s. 1013.737. Debt service

14  payable on bonds issued by the state pursuant to s. 1013.68,

15  s. 1013.70, or s. 1013.737 shall be payable from, and is

16  secured by a first lien on, the first lottery revenues

17  transferred to the Educational Enhancement Trust Fund in each

18  fiscal year. Amounts distributable to school districts that

19  request the issuance of bonds pursuant to s. 1013.68(3) are

20  hereby pledged to such bonds pursuant to s. 11(d), Art. VII of

21  the State Constitution.

22         (5)

23         (b)  Except as provided in paragraphs (c), (d), and

24  (e), and (g) the Legislature shall equitably apportion moneys

25  in the trust fund among public schools, community colleges,

26  and universities.

27         (g)  All unclaimed prize moneys deposited into the

28  Educational Enhancement Trust Fund pursuant to s. 24.115(2)

29  must be segregated into a separate account and used to fund

30  reading-enhancement initiatives in grades K-12 which have been

31  identified by the Commissioner of Education.

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    Florida Senate - 2004                                   SB 628
    5-677-04




 1         Section 3.  This act shall take effect upon becoming a

 2  law.

 3  

 4            *****************************************

 5                          SENATE SUMMARY

 6    Provides for the transfer of a percentage of unclaimed
      lottery prize moneys into the Educational Enhancement
 7    Trust Fund and for the use of such moneys for
      reading-enhancement initiatives in grades K-12. Requires
 8    that the remaining unclaimed funds be added to the pool
      from which future prizes are to be awarded or used for
 9    special prize promotions. Provides for an analysis and
      report by the Department of Lottery and the Office of
10    Program Policy Analysis and Government Accountability.
      Increases from 39 percent to 40 percent the percentage of
11    the gross revenue from the sale of on-line lottery
      tickets and other lottery revenue which must be deposited
12    into the Educational Enhancement Trust Fund.

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