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