Bill Text: FL H1537 | 2010 | Regular Session | Engrossed

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Bill Title: Administrative Procedures/Dept. of the Lottery

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2010-04-30 - Died in Messages [H1537 Detail]

Download: Florida-2010-H1537-Engrossed.html

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CS/HB 1537

1	A bill to be entitled
2	An act relating to administrative procedures of the
3	Department of the Lottery; amending s. 24.105, F.S.;
4	revising the rulemaking authority of the Department of the
5	Lottery; authorizing the department to adopt rules
6	governing the operation of games offered by the
7	department; authorizing the department to adopt emergency
8	rules for the purpose of implementing instant ticket games
9	and online games; removing the authority of the department
10	to perform any of the functions of the Department of
11	Management Services under chapter 255, chapter 273,
12	chapter 281, chapter 283, or chapter 287, F.S.; requiring
13	the department to adopt by rule a personnel program for
14	its employees; removing the exemption from chapter 120,
15	F.S., related to personnel actions; repealing s. 24.109,
16	F.S., relating to administrative procedure; providing that
17	statutorily authorized transaction fees do not apply to
18	certain procurements of commodities or services for which
19	the department is the sole purchaser in the state; deeming
20	certain emergency rules in existence on a specified date
21	to be rules adopted pursuant to s. 120.54(3), F.S.;
22	providing that such rules remain in effect until amended
23	or repealed by the department; requiring the Department of
24	State to renumber rules as necessary; providing for repeal
25	of certain rules in existence on a specified date that are
26	no longer authorized; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1. Subsections (9) and (13) through (20) of
31	section 24.105, Florida Statutes, are amended to read:
32	24.105 Powers and duties of department.-The department
33	shall:
34	(9)(a) Adopt rules governing the establishment and
35	operation of games offered by the department the state lottery,
36	including:
37	1.(a) The type of lottery games to be conducted, except
38	that:
39	a.1. No name of an elected official shall appear on the
40	ticket or play slip of any lottery game or on any prize or on
41	any instrument used for the payment of prizes, unless such prize
42	is in the form of a state warrant.
43	b.2. No coins or currency shall be dispensed from any
44	electronic computer terminal or device used in any lottery game.
45	c.3. Other than as provided in sub-subparagraph d.
46	subparagraph 4., no terminal or device may be used for any
47	lottery game which may be operated solely by the player without
48	the assistance of the retailer.
49	d.4. The only player-activated machine which may be
50	utilized is a machine which dispenses instant lottery game
51	tickets following the insertion of a coin or currency by a
52	ticket purchaser. To be authorized a machine must: be under the
53	supervision and within the direct line of sight of the lottery
54	retailer to ensure that the machine is monitored and only
55	operated by persons at least 18 years of age; be capable of
56	being electronically deactivated by the retailer to prohibit use
57	by persons less than 18 years of age through the use of a
58	lockout device that maintains the machine's deactivation for a
59	period of no less than 5 minutes; and be designed to prevent its
60	use or conversion for use in any manner other than the
61	dispensing of instant lottery tickets. Authorized machines may
62	dispense change to players purchasing tickets but may not be
63	utilized for paying the holders of winning tickets of any kind.
64	At least one clerk must be on duty at the lottery retailer while
65	the machine is in operation. However, at least two clerks must
66	be on duty at any lottery location which has violated s.
67	24.1055.
68	2.(b) The sales price of tickets.
69	3.(c) The number and sizes of prizes.
70	4.(d) The method of selecting winning tickets. However, if
71	a lottery game involves a drawing, the drawing shall be public
72	and witnessed by an accountant employed by an independent
73	certified public accounting firm. The equipment used in the
74	drawing shall be inspected before and after the drawing.
75	5.(e) The manner of payment of prizes to holders of
76	winning tickets.
77	6.(f) The frequency of drawings or selections of winning
78	tickets.
79	7.(g) The number and type of locations at which tickets
80	may be purchased.
81	8.(h) The method to be used in selling tickets.
82	9.(i) The manner and amount of compensation of retailers.
83	10.(j) Such other matters necessary or desirable for the
84	efficient or economical operation of games offered by the
85	department lottery or for the convenience of the public.
86	(b) The department may at any time adopt emergency rules
87	pursuant to s. 120.54 for the purpose of implementing and
88	promoting instant ticket games and online games. The Legislature
89	finds that, from time to time, the department must respond as
90	quickly as is practicable to changes in the marketplace when
91	creating and promoting instant ticket games and online games.
92	Therefore, in adopting emergency rules for the purpose of
93	implementing and promoting such games, the department need not
94	make the findings required by s. 120.54(4)(a). Emergency rules
95	adopted under this subsection are exempt from s. 120.54(4)(c)
96	and shall remain in effect until expiration of the specific
97	instant ticket game or online game that is the subject of the
98	emergency rule.
99	(13) Have the authority to perform any of the functions of
100	the Department of Management Services under chapter 255, chapter
101	273, chapter 281, chapter 283, or chapter 287, or any rules
102	adopted under any such chapter, and may grant approvals provided
103	for under any such chapter or rules. If the department finds, by
104	rule, that compliance with any such chapter would impair or
105	impede the effective or efficient operation of the lottery, the
106	department may adopt rules providing alternative procurement
107	procedures. Such alternative procedures shall be designed to
108	allow the department to evaluate competing proposals and select
109	the proposal that provides the greatest long-term benefit to the
110	state with respect to the quality of the products or services,
111	dependability and integrity of the vendor, dependability of the
112	vendor's products or services, security, competence, timeliness,
113	and maximization of gross revenues and net proceeds over the
114	life of the contract.
115	(13)(14) Have the authority to acquire real property and
116	make improvements thereon. The title to such property shall be
117	vested in the Board of Trustees of the Internal Improvement
118	Trust Fund. The board shall give the department preference in
119	leasing state-owned lands under the board's control and may not
120	exercise any jurisdiction over lands purchased or leased by the
121	department while such lands are actively used by the department.
122	Actions of the department under this subsection are exempt from
123	the time limitations and deadlines of chapter 253.
124	(14)(15) Have the authority to charge fees to persons
125	applying for contracts as vendors or retailers, which fees are
126	reasonably calculated to cover the costs of investigations and
127	other activities related to the processing of the application.
128	(15)(16) Enter into contracts for the purchase, lease, or
129	lease-purchase of such goods and services as are necessary for
130	the operation and promotion of the state lottery, including
131	assistance provided by any governmental agency.
132	(16)(17) In accordance with the provisions of this act,
133	enter into contracts with retailers so as to provide adequate
134	and convenient availability of tickets to the public for each
135	game.
136	(17)(18) Have the authority to enter into agreements with
137	other states for the operation and promotion of a multistate
138	lottery if such agreements are in the best interest of the state
139	lottery. The authority conferred by this subsection is not
140	effective until 1 year after the first day of lottery ticket
141	sales.
142	(18)(19) Employ division directors and other staff as may
143	be necessary to carry out the provisions of this act; however:
144	(a) No person shall be employed by the department who has
145	been convicted of, or entered a plea of guilty or nolo
146	contendere to, a felony committed in the preceding 10 years,
147	regardless of adjudication, unless the department determines
148	that:
149	1. The person has been pardoned or his or her civil rights
150	have been restored; or
151	2. Subsequent to such conviction or entry of plea the
152	person has engaged in the kind of law-abiding commerce and good
153	citizenship that would reflect well upon the integrity of the
154	lottery.
155	(b) No officer or employee of the department having
156	decisionmaking authority shall participate in any decision
157	involving any vendor or retailer with whom the officer or
158	employee has a financial interest. No such officer or employee
159	may participate in any decision involving any vendor or retailer
160	with whom the officer or employee has discussed employment
161	opportunities without the approval of the secretary or, if such
162	officer is the secretary, without the approval of the Governor.
163	Any officer or employee of the department shall notify the
164	secretary of any such discussion or, if such officer is the
165	secretary, he or she shall notify the Governor. A violation of
166	this paragraph is punishable in accordance with s. 112.317.
167	(c) No officer or employee of the department who leaves
168	the employ of the department shall represent any vendor or
169	retailer before the department regarding any specific matter in
170	which the officer or employee was involved while employed by the
171	department, for a period of 1 year following cessation of
172	employment with the department. A violation of this paragraph is
173	punishable in accordance with s. 112.317.
174	(19)(d) The department shall adopt by rule establish and
175	maintain a personnel program for its employees, including a
176	personnel classification and pay plan which may provide any or
177	all of the benefits provided in the Senior Management Service or
178	Selected Exempt Service.
179	(a) Each officer or employee of the department shall be a
180	member of the Florida Retirement System. The retirement class of
181	each officer or employee shall be the same as other persons
182	performing comparable functions for other agencies.
183	(b) Employees of the department shall serve at the
184	pleasure of the secretary and shall be subject to suspension,
185	dismissal, reduction in pay, demotion, transfer, or other
186	personnel action at the discretion of the secretary. Such
187	personnel actions are exempt from the provisions of chapter 120.
188	(c) All employees of the department are exempt from the
189	Career Service System provided in chapter 110 and,
190	notwithstanding the provisions of s. 110.205(5), are not
191	included in either the Senior Management Service or the Selected
192	Exempt Service. However, all employees of the department are
193	subject to all standards of conduct adopted by rule for career
194	service and senior management employees pursuant to chapter 110.
195	In the event of a conflict between standards of conduct
196	applicable to employees of the Department of the Lottery the
197	more restrictive standard shall apply. Interpretations as to the
198	more restrictive standard may be provided by the Commission on
199	Ethics upon request of an advisory opinion pursuant to s.
200	112.322(3)(a), for purposes of this subsection the opinion shall
201	be considered final action.
202	(20) Adopt by rule a code of ethics for officers and
203	employees of the department which supplements the standards of
204	conduct for public officers and employees imposed by law.
205	Section 2. Section 24.109, Florida Statutes, is repealed.
206	Section 3. Sections 287.042(1)(h) and 287.057(23), Florida
207	Statutes, do not apply to procurements of commodities or
208	services specific to the lottery industry and for which the
209	Department of the Lottery is the sole purchaser in the state.
210	Such procurements may include a lottery gaming system, instant
211	tickets, and related commodities or services.
212	Section 4. (1) Any emergency rule adopted by the
213	Department of the Lottery on or before July 1, 2010, directly
214	relating to retailers; lost, stolen, or damaged instant tickets;
215	and payment of stolen instant tickets shall be deemed rules
216	adopted pursuant to s. 120.54(3), Florida Statutes, and shall
217	remain in effect until amended or repealed by the department.
218	The Department of State shall renumber such rules as necessary.
219	(2) Except for the rules described in subsection (1), all
220	rules, or portions thereof, in existence on July 1, 2010, that
221	were adopted in a manner no longer authorized by this act shall
222	stand repealed on January 1, 2011.
223	Section 5. This act shall take effect on July 1, 2010.

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