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       Florida Senate - 2010                              CS for SB 674
       By the Committee on Regulated Industries; and Senator Jones
       580-03624-10                                           2010674c1
    2                        A bill to be entitled                      
    3         An act relating to the state lottery; amending s.
    4         24.105, F.S.; authorizing the use of player-activated
    5         machines that have additional functionality; amending
    6         s. 24.111, F.S.; adding limited liability companies to
    7         the list of potential vendors that the Department of
    8         the Lottery must investigate; prohibiting the
    9         department from entering into a contract for a major
   10         procurement if a managing member of the vendor has
   11         been convicted of a felony; removing a duplicative
   12         provision; amending s. 24.113, F.S.; removing a
   13         provision limiting the percentage of the same type of
   14         minority retailer that the Department of the Lottery
   15         may contract with to 35 percent; amending s. 24.114,
   16         F.S.; providing a penalty for failure by a retailer to
   17         remit funds as required; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Paragraph (a) of subsection (9) of section
   22  24.105, Florida Statutes, is amended to read:
   23         24.105 Powers and duties of department.—The department
   24  shall:
   25         (9) Adopt rules governing the establishment and operation
   26  of the state lottery, including:
   27         (a) The type of lottery games to be conducted, except that:
   28         1. No name of an elected official shall appear on the
   29  ticket or play slip of any lottery game or on any prize or on
   30  any instrument used for the payment of prizes, unless such prize
   31  is in the form of a state warrant.
   32         2. No coins or currency shall be dispensed from any
   33  electronic computer terminal or device used in any lottery game.
   34         3. Other than as provided in subparagraph 4., no terminal
   35  or device may be used for any lottery game which may be operated
   36  solely by the player without the assistance of the retailer.
   37         4. The only player-activated machine which may be utilized
   38  is a machine which dispenses instant lottery game tickets
   39  following the insertion of a coin or currency by a ticket
   40  purchaser. To be authorized a machine must: be under the
   41  supervision and within the direct line of sight of the lottery
   42  retailer to ensure that the machine is monitored and only
   43  operated by persons at least 18 years of age; be capable of
   44  being electronically deactivated by the retailer to prohibit use
   45  by persons less than 18 years of age through the use of a
   46  lockout device that maintains the machine’s deactivation for a
   47  period of no less than 5 minutes; and be designed to prevent its
   48  use or conversion for use in any manner other than the
   49  dispensing of instant lottery tickets or revealing the results
   50  of the instant lottery tickets. Authorized machines may reveal
   51  the results of the instant lottery ticket in an entertainment
   52  format that may include video displays or other similar
   53  technologies. Authorized machines may dispense change to players
   54  purchasing tickets but may not be utilized for paying the
   55  holders of winning tickets of any kind, except that authorized
   56  machines may permit the player to redeem a winning ticket to
   57  purchase more instant lottery tickets. At least one clerk must
   58  be on duty at the lottery retailer while the machine is in
   59  operation. However, at least two clerks must be on duty at any
   60  lottery location which has violated s. 24.1055.
   61         Section 2. Paragraph (a) of subsection (2) and subsections
   62  (4) and (6) of section 24.111, Florida Statutes, are amended to
   63  read:
   64         24.111 Vendors; disclosure and contract requirements.—
   65         (2) The department shall investigate the financial
   66  responsibility, security, and integrity of each vendor with
   67  which it intends to negotiate a contract for major procurement.
   68  Such investigation may include an investigation of the financial
   69  responsibility, security, and integrity of any or all persons
   70  whose names and addresses are required to be disclosed pursuant
   71  to paragraph (a). Any person who submits a bid, proposal, or
   72  offer as part of a major procurement must, at the time of
   73  submitting such bid, proposal, or offer, provide the following:
   74         (a) A disclosure of the vendor’s name and address and, as
   75  applicable, the name and address and any additional disclosures
   76  necessary for an investigation of the financial responsibility,
   77  security, and integrity of the following:
   78         1. If the vendor is a corporation, the officers, directors,
   79  and each stockholder in such corporation; except that, in the
   80  case of owners of equity securities of a publicly traded
   81  corporation, only the names and addresses of those known to the
   82  corporation to own beneficially 5 percent or more of such
   83  securities need be disclosed.
   84         2. If the vendor is a trust, the trustee and all persons
   85  entitled to receive income or benefit from the trust.
   86         3. If the vendor is an association, the members, officers,
   87  and directors.
   88         4. If the vendor is a partnership or joint venture, all of
   89  the general partners, limited partners, or joint venturers.
   90         5.If the vendor is a limited liability company, each
   91  officer, director, member, manager, and managing member of the
   92  company.
   94  If the vendor subcontracts any substantial portion of the work
   95  to be performed to a subcontractor, the vendor shall disclose
   96  all of the information required by this paragraph for the
   97  subcontractor as if the subcontractor were itself a vendor.
   99  The department shall not contract with any vendor who fails to
  100  make the disclosures required by this subsection, and any
  101  contract with a vendor who has failed to make the required
  102  disclosures shall be unenforceable. Any contract with any vendor
  103  who does not comply with such requirements for periodically
  104  updating such disclosures during the tenure of such contract as
  105  may be specified in such contract may be terminated by the
  106  department. This subsection shall be construed broadly and
  107  liberally to achieve the ends of full disclosure of all
  108  information necessary to allow for a full and complete
  109  evaluation by the department of the competence, integrity,
  110  background, and character of vendors for major procurements.
  111         (4) No contract for a major procurement with any vendor
  112  shall be entered into if that vendor, or any of the vendor’s
  113  officers, directors, trustees, partners, managing members, or
  114  joint venturers whose names and addresses are required to be
  115  disclosed pursuant to paragraph (2)(a), has been convicted of,
  116  or entered a plea of guilty or nolo contendere to, a felony
  117  committed in the preceding 10 years, regardless of adjudication,
  118  unless the department determines that:
  119         (a) The vendor or such individual has been pardoned or the
  120  vendor’s or such individual’s civil rights have been restored;
  121         (b) Subsequent to such conviction or entry of plea the
  122  vendor or such individual has engaged in the kind of law-abiding
  123  commerce and good citizenship that would reflect well upon the
  124  integrity of the lottery; or
  125         (c) If the vendor is not an individual, such vendor has
  126  terminated its relationship with the individual whose actions
  127  directly contributed to the vendor’s conviction or entry of
  128  plea.
  129         (6) Every contract in excess of $25,000 entered into by the
  130  department pursuant to this section shall contain a provision
  131  for payment of liquidated damages to the department for any
  132  breach of contract by the vendor. The department may require a
  133  liquidated damages provision in any contract if the department
  134  deems it necessary to protect the state’s financial interest.
  135         Section 3. Subsection (1) of section 24.113, Florida
  136  Statutes, is amended to read:
  137         24.113 Minority participation.—
  138         (1) It is the intent of the Legislature that the department
  139  encourage participation by minority business enterprises as
  140  defined in s. 288.703. Accordingly, 15 percent of the retailers
  141  shall be minority business enterprises as defined in s.
  142  288.703(2); however, no more than 35 percent of such retailers
  143  shall be owned by the same type of minority person, as defined
  144  in s. 288.703(3). The department is encouraged to meet the
  145  minority business enterprise procurement goals set forth in s.
  146  287.09451 in the procurement of commodities, contractual
  147  services, construction, and architectural and engineering
  148  services. This section shall not preclude or prohibit a minority
  149  person from competing for any other retailing or vending
  150  agreement awarded by the department.
  151         Section 4. Section 24.114, Florida Statutes, is amended to
  152  read:
  153         24.114 Bank deposits and control of lottery transactions.—
  154         (1)(a) All moneys received by each retailer from the
  155  operation of the state lottery, including, but not limited to,
  156  all ticket sales, interest, gifts, and donations, less the
  157  amount retained as compensation for the sale of the tickets and
  158  the amount paid out as prizes, shall be remitted to the
  159  department or deposited in a qualified public depository, as
  160  defined in s. 280.02, as directed by the department.
  161         (b) The department shall have the responsibility for all
  162  administrative functions related to the receipt of funds. The
  163  department may also require:
  164         1. Each retailer to file with the department reports of the
  165  retailer’s receipts and transactions in the sale of lottery
  166  tickets in such form and containing such information as the
  167  department may require.
  168         2.The department may require Any person, including a
  169  qualified public depository, to perform any function, activity,
  170  or service in connection with the operation of the lottery as it
  171  may deem advisable pursuant to this act and rules of the
  172  department, and such functions, activities, or services shall
  173  constitute lawful functions, activities, and services of such
  174  person.
  175         3.(2)The department may require Retailers to establish
  176  separate electronic funds transfer accounts for the purpose of
  177  receiving moneys from ticket sales, making payments to the
  178  department, and receiving payments from the department.
  179         (2)(3) Each retailer is liable to the department for any
  180  and all tickets accepted or generated by any employee or
  181  representative of that retailer, and the tickets shall be deemed
  182  to have been purchased by the retailer unless returned to the
  183  department within the time and in the manner prescribed by the
  184  department.
  185         (3) All moneys received by retailers from the sale of
  186  lottery tickets, less the amount retained as compensation for
  187  the sale of tickets and the amount paid out as prizes by the
  188  retailer, shall be held in trust prior to delivery to the
  189  department or electronic transfer to the Operating Trust Fund.
  190         (4)A retailer who fails to remit funds to the department
  191  as required commits a felony of the third degree, punishable as
  192  provided in s. 775.082, s. 775.083, or s. 775.084.
  193         Section 5. This act shall take effect July 1, 2010.

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