Florida Senate - 2019 SB 1264 By Senator Perry 8-01486A-19 20191264__ 1 A bill to be entitled 2 An act relating to lottery games; creating s. 24.1056, 3 F.S.; prohibiting the use of personal electronic 4 devices to play, store, redeem, sell, or purchase 5 lottery tickets or games; providing exceptions; 6 defining the term “personal electronic device”; 7 providing criminal penalties; amending s. 24.107, 8 F.S.; requiring the Department of the Lottery to 9 include a specified warning in advertisements or 10 promotions of lottery games; providing requirements 11 for such warning; amending s. 24.111, F.S.; requiring 12 contracts between the department and a vendor to 13 include a provision that requires the vendor to print 14 a specified warning on all lottery tickets; providing 15 requirements for such warning; providing an effective 16 date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 24.1056, Florida Statutes, is created to 21 read: 22 24.1056 Prohibition against use of personal electronic 23 devices in lottery games.— 24 (1) The provisions of this chapter are strictly limited to 25 lottery tickets that are exclusively in paper form, purchased 26 from and conveyed by an authorized retailer within the physical 27 premises of the authorized retailer, and redeemed in a manner as 28 prescribed in this chapter. 29 (2) A person may not use a personal electronic device to 30 play, store, or redeem a lottery ticket or game or 31 representation thereof. However, the storage of a photographic 32 image of a lottery ticket or game on a personal electronic 33 device exclusively for personal use is permissible, provided the 34 image is not used in any manner in conjunction with or in lieu 35 of the paper ticket or game for purposes of playing or redeeming 36 the paper ticket or game. 37 (3) A person may not use or solicit the use of a personal 38 electronic device in order to sell or purchase a lottery ticket 39 or game or representation thereof unless the device is used 40 exclusively to render payment for a lottery ticket or game 41 purchased from and conveyed by an authorized retailer within the 42 physical premises of the authorized retailer. 43 (4) For purposes of this section, the term “personal 44 electronic device” means a cellular telephone, smart phone, 45 smart watch, tablet, laptop computer, desktop computer, or any 46 other electronic device capable of connecting to the Internet or 47 any other communications network or data system, but does not 48 include a device operated solely by the department, a retailer, 49 or a vendor, or a vending machine authorized pursuant to s. 50 24.112(15). 51 (5) A person who violates this section commits a 52 misdemeanor of the second degree, punishable as provided in s. 53 775.082 or s. 775.083. 54 Section 2. Subsection (3) is added to section 24.107, 55 Florida Statutes, to read: 56 24.107 Advertising and promotion of lottery games.— 57 (3) Beginning January 1, 2020, every advertisement or 58 promotion of lottery games under this chapter shall include the 59 following statement: “WARNING: PLAYING A LOTTERY GAME 60 CONSTITUTES GAMBLING AND MAY LEAD TO ADDICTION AND/OR COMPULSIVE 61 BEHAVIOR. THE CHANCES OF WINNING A BIG PRIZE ARE VERY LOW.” The 62 statement must: 63 (a) If on television, on the Internet, or in any other 64 electronic medium, appear in black font on a white background 65 and occupy at least 10 percent of the surface area of the 66 advertisement or promotion. 67 (b) If in print, including in a newspaper, in a magazine, 68 or on a billboard, appear in prominent text and occupy at least 69 10 percent of the surface area of the advertisement or 70 promotion. 71 (c) If on radio, be audibly announced at the conclusion of 72 the advertisement or promotion. 73 Section 3. Subsection (8) is added to section 24.111, 74 Florida Statutes, to read: 75 24.111 Vendors; disclosure and contract requirements.— 76 (8) Beginning January 1, 2020, all contracts subject to 77 this section shall contain a provision that requires the vendor 78 to print the following statement on every lottery ticket sold 79 under this chapter: “WARNING: PLAYING A LOTTERY GAME CONSTITUTES 80 GAMBLING AND MAY LEAD TO ADDICTION AND/OR COMPULSIVE BEHAVIOR. 81 THE CHANCES OF WINNING A BIG PRIZE ARE VERY LOW.” The statement 82 must: 83 (a) Appear in prominent text on the front side of each 84 lottery ticket. 85 (b) Occupy at least 10 percent of the total face of the 86 lottery ticket. 87 (c) Appear on every lottery ticket printed on or after 88 January 1, 2021, pursuant to this chapter. 89 Section 4. This act shall take effect July 1, 2019.