HB 843

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

CODING: Words stricken are deletions; words underlined are additions.