Bill Text: FL S0402 | 2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Point-of-sale Terminals

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-03-11 - Died on Calendar [S0402 Detail]

Download: Florida-2016-S0402-Introduced.html

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       Florida Senate - 2016                                     SB 402
       
       
        
       By Senator Richter
       
       
       
       
       
       23-00396-16                                            2016402__
    1                        A bill to be entitled                      
    2         An act relating to point-of-sale terminals; amending
    3         s. 24.103, F.S.; defining the term “point-of-sale
    4         terminal”; amending s. 24.105, F.S.; authorizing the
    5         Department of the Lottery to create a program that
    6         authorizes certain persons to purchase a ticket or
    7         game at a point-of-sale terminal; authorizing the
    8         department to adopt rules; amending s. 24.112, F.S.;
    9         authorizing the department, a retailer operating from
   10         one or more locations, or a vendor approved by the
   11         department to use a point-of-sale terminal to sell a
   12         lottery ticket or game; requiring a point-of-sale
   13         terminal to perform certain functions; specifying that
   14         the point-of-sale terminal may not reveal winning
   15         numbers; prohibiting a point-of-sale terminal from
   16         including or making use of video reels or mechanical
   17         reels or other video depictions of slot machine or
   18         casino game themes or titles for game play;
   19         prohibiting a point-of-sale terminal from being used
   20         to redeem a winning ticket; providing an effective
   21         date.
   22          
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. Section 24.103, Florida Statutes, is reordered
   26  and amended to read:
   27         24.103 Definitions.—As used in this act, the term:
   28         (1) “Department” means the Department of the Lottery.
   29         (6)(2) “Secretary” means the secretary of the department.
   30         (3) “Person” means any individual, firm, association, joint
   31  adventure, partnership, estate, trust, syndicate, fiduciary,
   32  corporation, or other group or combination and includes an shall
   33  include any agency or political subdivision of the state.
   34         (4) “Point-of-sale terminal” means an electronic device
   35  used to process credit card, debit card, or other similar charge
   36  card payments at retail locations which is supported by networks
   37  that enable verification, payment, transfer of funds, and
   38  logging of transactions.
   39         (2)(4) “Major procurement” means a procurement for a
   40  contract for the printing of tickets for use in any lottery
   41  game, consultation services for the startup of the lottery, any
   42  goods or services involving the official recording for lottery
   43  game play purposes of a player’s selections in any lottery game
   44  involving player selections, any goods or services involving the
   45  receiving of a player’s selection directly from a player in any
   46  lottery game involving player selections, any goods or services
   47  involving the drawing, determination, or generation of winners
   48  in any lottery game, the security report services provided for
   49  in this act, or any goods and services relating to marketing and
   50  promotion which exceed a value of $25,000.
   51         (5) “Retailer” means a person who sells lottery tickets on
   52  behalf of the department pursuant to a contract.
   53         (7)(6) “Vendor” means a person who provides or proposes to
   54  provide goods or services to the department, but does not
   55  include an employee of the department, a retailer, or a state
   56  agency.
   57         Section 2. Present subsections (19) and (20) of section
   58  24.105, Florida Statutes, are redesignated as subsections (20)
   59  and (21), respectively, and a new subsection (19) is added to
   60  that section, to read:
   61         24.105 Powers and duties of department.—The department
   62  shall:
   63         (19) Have the authority to create a program that allows a
   64  person who is at least 18 years of age to purchase a lottery
   65  ticket or game at a point-of-sale terminal. The department may
   66  adopt rules to administer the program.
   67         Section 3. Section 24.112, Florida Statutes, is amended to
   68  read:
   69         24.112 Retailers of lottery tickets; authorization of
   70  vending machines; point-of-sale terminals to dispense lottery
   71  tickets.—
   72         (1) The department shall promulgate rules specifying the
   73  terms and conditions for contracting with retailers who will
   74  best serve the public interest and promote the sale of lottery
   75  tickets.
   76         (2) In the selection of retailers, the department shall
   77  consider factors such as financial responsibility, integrity,
   78  reputation, accessibility of the place of business or activity
   79  to the public, security of the premises, the sufficiency of
   80  existing retailers to serve the public convenience, and the
   81  projected volume of the sales for the lottery game involved. In
   82  the consideration of these factors, the department may require
   83  the information it deems necessary of any person applying for
   84  authority to act as a retailer. However, the department may not
   85  establish a limitation upon the number of retailers and shall
   86  make every effort to allow small business participation as
   87  retailers. It is the intent of the Legislature that retailer
   88  selections be based on business considerations and the public
   89  convenience and that retailers be selected without regard to
   90  political affiliation.
   91         (3) The department may shall not contract with any person
   92  as a retailer who:
   93         (a) Is less than 18 years of age.
   94         (b) Is engaged exclusively in the business of selling
   95  lottery tickets; however, this paragraph may shall not preclude
   96  the department from selling lottery tickets.
   97         (c) Has been convicted of, or entered a plea of guilty or
   98  nolo contendere to, a felony committed in the preceding 10
   99  years, regardless of adjudication, unless the department
  100  determines that:
  101         1. The person has been pardoned or the person’s civil
  102  rights have been restored;
  103         2. Subsequent to such conviction or entry of plea the
  104  person has engaged in the kind of law-abiding commerce and good
  105  citizenship that would reflect well upon the integrity of the
  106  lottery; or
  107         3. If the person is a firm, association, partnership,
  108  trust, corporation, or other entity, the person has terminated
  109  its relationship with the individual whose actions directly
  110  contributed to the person’s conviction or entry of plea.
  111         (4) The department shall issue a certificate of authority
  112  to each person with whom it contracts as a retailer for purposes
  113  of display pursuant to subsection (6). The issuance of the
  114  certificate may shall not confer upon the retailer any right
  115  apart from that specifically granted in the contract. The
  116  authority to act as a retailer may shall not be assignable or
  117  transferable.
  118         (5) A Any contract executed by the department pursuant to
  119  this section shall specify the reasons for any suspension or
  120  termination of the contract by the department, including, but
  121  not limited to:
  122         (a) Commission of a violation of this act or rule adopted
  123  pursuant thereto.
  124         (b) Failure to accurately account for lottery tickets,
  125  revenues, or prizes as required by the department.
  126         (c) Commission of any fraud, deceit, or misrepresentation.
  127         (d) Insufficient sale of tickets.
  128         (e) Conduct prejudicial to public confidence in the
  129  lottery.
  130         (f) Any material change in any matter considered by the
  131  department in executing the contract with the retailer.
  132         (6) Each Every retailer shall post and keep conspicuously
  133  displayed in a location on the premises accessible to the public
  134  its certificate of authority and, with respect to each game, a
  135  statement supplied by the department of the estimated odds of
  136  winning a some prize for the game.
  137         (7) A No contract with a retailer may not shall authorize
  138  the sale of lottery tickets at more than one location, and a
  139  retailer may sell lottery tickets only at the location stated on
  140  the certificate of authority.
  141         (8) With respect to any retailer whose rental payments for
  142  premises are contractually computed, in whole or in part, on the
  143  basis of a percentage of retail sales, and where such
  144  computation of retail sales is not explicitly defined to include
  145  sales of tickets in a state-operated lottery, the compensation
  146  received by the retailer from the department shall be deemed to
  147  be the amount of the retail sale for the purposes of such
  148  contractual compensation.
  149         (9)(a) The department may require each every retailer to
  150  post an appropriate bond as determined by the department, using
  151  an insurance company acceptable to the department, in an amount
  152  not to exceed twice the average lottery ticket sales of the
  153  retailer for the period within which the retailer is required to
  154  remit lottery funds to the department. For the first 90 days of
  155  sales of a new retailer, the amount of the bond may not exceed
  156  twice the average estimated lottery ticket sales for the period
  157  within which the retailer is required to remit lottery funds to
  158  the department. This paragraph does shall not apply to lottery
  159  tickets that which are prepaid by the retailer.
  160         (b) In lieu of such bond, the department may purchase
  161  blanket bonds covering all or selected retailers or may allow a
  162  retailer to deposit and maintain with the Chief Financial
  163  Officer securities that are interest bearing or accruing and
  164  that, with the exception of those specified in subparagraphs 1.
  165  and 2., are rated in one of the four highest classifications by
  166  an established nationally recognized investment rating service.
  167  Securities eligible under this paragraph shall be limited to:
  168         1. Certificates of deposit issued by solvent banks or
  169  savings associations organized and existing under the laws of
  170  this state or under the laws of the United States and having
  171  their principal place of business in this state.
  172         2. United States bonds, notes, and bills for which the full
  173  faith and credit of the government of the United States is
  174  pledged for the payment of principal and interest.
  175         3. General obligation bonds and notes of any political
  176  subdivision of the state.
  177         4. Corporate bonds of any corporation that is not an
  178  affiliate or subsidiary of the depositor.
  179  
  180  Such securities shall be held in trust and shall have at all
  181  times a market value at least equal to an amount required by the
  182  department.
  183         (10) Each Every contract entered into by the department
  184  pursuant to this section shall contain a provision for payment
  185  of liquidated damages to the department for any breach of
  186  contract by the retailer.
  187         (11) The department shall establish procedures by which
  188  each retailer shall account for all tickets sold by the retailer
  189  and account for all funds received by the retailer from such
  190  sales. The contract with each retailer shall include provisions
  191  relating to the sale of tickets, payment of moneys to the
  192  department, reports, service charges, and interest and
  193  penalties, if necessary, as the department shall deem
  194  appropriate.
  195         (12) No Payment by a retailer to the department for tickets
  196  may not shall be in cash. All such payments shall be in the form
  197  of a check, bank draft, electronic fund transfer, or other
  198  financial instrument authorized by the secretary.
  199         (13) Each retailer shall provide accessibility for disabled
  200  persons on habitable grade levels. This subsection does not
  201  apply to a retail location that which has an entrance door
  202  threshold more than 12 inches above ground level. As used in
  203  herein and for purposes of this subsection only, the term
  204  “accessibility for disabled persons on habitable grade levels”
  205  means that retailers shall provide ramps, platforms, aisles and
  206  pathway widths, turnaround areas, and parking spaces to the
  207  extent these are required for the retailer’s premises by the
  208  particular jurisdiction where the retailer is located.
  209  Accessibility shall be required to only one point of sale of
  210  lottery tickets for each lottery retailer location. The
  211  requirements of this subsection shall be deemed to have been met
  212  if, in lieu of the foregoing, disabled persons can purchase
  213  tickets from the retail location by means of a drive-up window,
  214  provided the hours of access at the drive-up window are not less
  215  than those provided at any other entrance at that lottery
  216  retailer location. Inspections for compliance with this
  217  subsection shall be performed by those enforcement authorities
  218  responsible for enforcement pursuant to s. 553.80 in accordance
  219  with procedures established by those authorities. Those
  220  enforcement authorities shall provide to the Department of the
  221  Lottery a certification of noncompliance for any lottery
  222  retailer not meeting such requirements.
  223         (14) The secretary may, after filing with the Department of
  224  State his or her manual signature certified by the secretary
  225  under oath, execute or cause to be executed contracts between
  226  the department and retailers by means of engraving, imprinting,
  227  stamping, or other facsimile signature.
  228         (15) A vending machine may be used to dispense online
  229  lottery tickets, instant lottery tickets, or both online and
  230  instant lottery tickets.
  231         (a) The vending machine must:
  232         1. Dispense a lottery ticket after a purchaser inserts a
  233  coin or currency in the machine.
  234         2. Be capable of being electronically deactivated for a
  235  period of 5 minutes or more.
  236         3. Be designed to prevent its use for any purpose other
  237  than dispensing a lottery ticket.
  238         (b) In order to be authorized to use a vending machine to
  239  dispense lottery tickets, a retailer must:
  240         1. Locate the vending machine in the retailer’s direct line
  241  of sight to ensure that purchases are only made by persons at
  242  least 18 years of age.
  243         2. Ensure that at least one employee is on duty when the
  244  vending machine is available for use. However, if the retailer
  245  has previously violated s. 24.1055, at least two employees must
  246  be on duty when the vending machine is available for use.
  247         (c) A vending machine that dispenses a lottery ticket may
  248  dispense change to a purchaser but may not be used to redeem any
  249  type of winning lottery ticket.
  250         (d) The vending machine, or any machine or device linked to
  251  the vending machine, may not include or make use of video reels
  252  or mechanical reels or other video depictions of slot machine or
  253  casino game themes or titles for game play. This does not
  254  preclude the use of casino game themes or titles on such tickets
  255  or signage or advertising displays on the machines.
  256         (16) The department, a retailer operating from one or more
  257  locations, or a vendor approved by the department may use a
  258  point-of-sale terminal to facilitate the sale of a lottery
  259  ticket or game.
  260         (a) A point-of-sale terminal must:
  261         1. Dispense a paper lottery ticket with numbers selected by
  262  the purchaser or selected randomly by the machine after the
  263  purchaser uses a credit card, debit card, or other similar
  264  charge card issued by a bank, savings association, credit union,
  265  or charge card company or issued by a retailer pursuant to part
  266  II of chapter 520 for payment;
  267         2. Recognize a valid driver license or use another age
  268  verification process approved by the department to ensure that
  269  only persons at least 18 years of age may purchase a lottery
  270  ticket or game;
  271         3. Process a lottery transaction through a platform that is
  272  certified or otherwise approved by the department; and
  273         4. Be in compliance with all applicable department
  274  requirements related to the lottery ticket or game offered for
  275  sale.
  276         (b) A point-of-sale terminal does not reveal winning
  277  numbers, which are selected at a subsequent time and different
  278  location through a drawing by the Florida Lottery.
  279         (c) A point-of-sale terminal, or any machine or device
  280  linked to the point-of-sale terminal, may not include or make
  281  use of video reels or mechanical reels or other video depictions
  282  of slot machine or casino game themes or titles for game play.
  283  This does not preclude the use of casino game themes or titles
  284  on a lottery ticket or game or on the signage or advertising
  285  displays on the terminal.
  286         (d) A point-of-sale terminal may not be used to redeem a
  287  winning ticket.
  288         Section 4. This act shall take effect upon becoming a law.