Bill Text: FL S1130 | 2014 | Regular Session | Introduced
Bill Title: Point-of-sale Terminals
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-05-02 - Died in Gaming [S1130 Detail]
Download: Florida-2014-S1130-Introduced.html
Florida Senate - 2014 SB 1130
By Senator Richter
23-00585A-14 20141130__
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 a person to purchase a lottery 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
12 lottery tickets or games; requiring a point-of-sale
13 terminal to perform certain functions; prohibiting a
14 point-of-sale terminal from dispensing money for
15 winnings; authorizing winnings to be directly
16 deposited into a player’s account pursuant to a
17 process approved by the department; prohibiting a
18 point-of-sale terminal from including video depictions
19 of slot machine or casino game themes or titles for
20 game play; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 24.103, Florida Statutes, is reordered
25 and amended to read:
26 24.103 Definitions.—As used in this act, the term:
27 (1) “Department” means the Department of the Lottery.
28 (6)(2) “Secretary” means the secretary of the department.
29 (3) “Person” means any individual, firm, association, joint
30 adventure, partnership, estate, trust, syndicate, fiduciary,
31 corporation, or other group or combination and includes an shall
32 include any agency or political subdivision of the state.
33 (4) “Point-of-sale terminal” means an electronic device
34 used to process credit card, debit card, or other similar charge
35 card payments at retail locations which is supported by a
36 payment network that enables verification, transfer of funds,
37 and logging of transactions.
38 (2)(4) “Major procurement” means a procurement for a
39 contract for the printing of tickets for use in any lottery
40 game, consultation services for the startup of the lottery, any
41 goods or services involving the official recording for lottery
42 game play purposes of a player’s selections in any lottery game
43 involving player selections, any goods or services involving the
44 receiving of a player’s selection directly from a player in any
45 lottery game involving player selections, any goods or services
46 involving the drawing, determination, or generation of winners
47 in any lottery game, the security report services provided for
48 in this act, or any goods and services relating to marketing and
49 promotion which exceed a value of $25,000.
50 (5) “Retailer” means a person who sells lottery tickets on
51 behalf of the department pursuant to a contract.
52 (7)(6) “Vendor” means a person who provides or proposes to
53 provide goods or services to the department, but does not
54 include an employee of the department, a retailer, or a state
55 agency.
56 Section 2. Present subsections (19) and (20) of section
57 24.105, Florida Statutes, are redesignated as subsections (20)
58 and (21), respectively, and a new subsection (19) is added to
59 that section, to read:
60 24.105 Powers and duties of department.—The department
61 shall:
62 (19) Have the authority to create a program that allows a
63 person who is 18 years of age or older to purchase a lottery
64 ticket or game at a point-of-sale terminal. The department may
65 adopt rules to administer the program.
66 Section 3. Section 24.112, Florida Statutes, is amended to
67 read:
68 24.112 Retailers of lottery tickets; authorization of
69 vending machines; point-of-sale terminals to dispense lottery
70 tickets.—
71 (1) The department shall promulgate rules specifying the
72 terms and conditions for contracting with retailers who will
73 best serve the public interest and promote the sale of lottery
74 tickets.
75 (2) In the selection of retailers, the department shall
76 consider factors such as financial responsibility, integrity,
77 reputation, accessibility of the place of business or activity
78 to the public, security of the premises, the sufficiency of
79 existing retailers to serve the public convenience, and the
80 projected volume of the sales for the lottery game involved. In
81 the consideration of these factors, the department may require
82 the information it deems necessary of any person applying for
83 authority to act as a retailer. However, the department may not
84 establish a limitation upon the number of retailers and shall
85 make every effort to allow small business participation as
86 retailers. It is the intent of the Legislature that retailer
87 selections be based on business considerations and the public
88 convenience and that retailers be selected without regard to
89 political affiliation.
90 (3) The department may shall not contract with any person
91 as a retailer who:
92 (a) Is less than 18 years of age.
93 (b) Is engaged exclusively in the business of selling
94 lottery tickets; however, this paragraph may shall not preclude
95 the department from selling lottery tickets.
96 (c) Has been convicted of, or entered a plea of guilty or
97 nolo contendere to, a felony committed in the preceding 10
98 years, regardless of adjudication, unless the department
99 determines that:
100 1. The person has been pardoned or the person’s civil
101 rights have been restored;
102 2. Subsequent to such conviction or entry of plea the
103 person has engaged in the kind of law-abiding commerce and good
104 citizenship that would reflect well upon the integrity of the
105 lottery; or
106 3. If the person is a firm, association, partnership,
107 trust, corporation, or other entity, the person has terminated
108 its relationship with the individual whose actions directly
109 contributed to the person’s conviction or entry of plea.
110 (4) The department shall issue a certificate of authority
111 to each person with whom it contracts as a retailer for purposes
112 of display pursuant to subsection (6). The issuance of the
113 certificate may shall not confer upon the retailer any right
114 apart from that specifically granted in the contract. The
115 authority to act as a retailer may shall not be assignable or
116 transferable.
117 (5) A Any contract executed by the department pursuant to
118 this section shall specify the reasons for any suspension or
119 termination of the contract by the department, including, but
120 not limited to:
121 (a) Commission of a violation of this act or rule adopted
122 pursuant thereto.
123 (b) Failure to accurately account for lottery tickets,
124 revenues, or prizes as required by the department.
125 (c) Commission of any fraud, deceit, or misrepresentation.
126 (d) Insufficient sale of tickets.
127 (e) Conduct prejudicial to public confidence in the
128 lottery.
129 (f) Any material change in any matter considered by the
130 department in executing the contract with the retailer.
131 (6) Each Every retailer shall post and keep conspicuously
132 displayed in a location on the premises accessible to the public
133 its certificate of authority and, with respect to each game, a
134 statement supplied by the department of the estimated odds of
135 winning a some prize for the game.
136 (7) A No contract with a retailer may not shall authorize
137 the sale of lottery tickets at more than one location, and a
138 retailer may sell lottery tickets only at the location stated on
139 the certificate of authority.
140 (8) With respect to any retailer whose rental payments for
141 premises are contractually computed, in whole or in part, on the
142 basis of a percentage of retail sales, and where such
143 computation of retail sales is not explicitly defined to include
144 sales of tickets in a state-operated lottery, the compensation
145 received by the retailer from the department shall be deemed to
146 be the amount of the retail sale for the purposes of such
147 contractual compensation.
148 (9)(a) The department may require each every retailer to
149 post an appropriate bond as determined by the department, using
150 an insurance company acceptable to the department, in an amount
151 not to exceed twice the average lottery ticket sales of the
152 retailer for the period within which the retailer is required to
153 remit lottery funds to the department. For the first 90 days of
154 sales of a new retailer, the amount of the bond may not exceed
155 twice the average estimated lottery ticket sales for the period
156 within which the retailer is required to remit lottery funds to
157 the department. This paragraph does shall not apply to lottery
158 tickets that which are prepaid by the retailer.
159 (b) In lieu of such bond, the department may purchase
160 blanket bonds covering all or selected retailers or may allow a
161 retailer to deposit and maintain with the Chief Financial
162 Officer securities that are interest bearing or accruing and
163 that, with the exception of those specified in subparagraphs 1.
164 and 2., are rated in one of the four highest classifications by
165 an established nationally recognized investment rating service.
166 Securities eligible under this paragraph shall be limited to:
167 1. Certificates of deposit issued by solvent banks or
168 savings associations organized and existing under the laws of
169 this state or under the laws of the United States and having
170 their principal place of business in this state.
171 2. United States bonds, notes, and bills for which the full
172 faith and credit of the government of the United States is
173 pledged for the payment of principal and interest.
174 3. General obligation bonds and notes of any political
175 subdivision of the state.
176 4. Corporate bonds of any corporation that is not an
177 affiliate or subsidiary of the depositor.
178
179 Such securities shall be held in trust and shall have at all
180 times a market value at least equal to an amount required by the
181 department.
182 (10) Each Every contract entered into by the department
183 pursuant to this section shall contain a provision for payment
184 of liquidated damages to the department for any breach of
185 contract by the retailer.
186 (11) The department shall establish procedures by which
187 each retailer shall account for all tickets sold by the retailer
188 and account for all funds received by the retailer from such
189 sales. The contract with each retailer shall include provisions
190 relating to the sale of tickets, payment of moneys to the
191 department, reports, service charges, and interest and
192 penalties, if necessary, as the department shall deem
193 appropriate.
194 (12) No payment by a retailer to the department for tickets
195 shall be in cash. All such payments shall be in the form of a
196 check, bank draft, electronic fund transfer, or other financial
197 instrument authorized by the secretary.
198 (13) Each retailer shall provide accessibility for disabled
199 persons on habitable grade levels. This subsection does not
200 apply to a retail location that which has an entrance door
201 threshold more than 12 inches above ground level. As used in
202 herein and for purposes of this subsection only, the term
203 “accessibility for disabled persons on habitable grade levels”
204 means that retailers shall provide ramps, platforms, aisles and
205 pathway widths, turnaround areas, and parking spaces to the
206 extent these are required for the retailer’s premises by the
207 particular jurisdiction where the retailer is located.
208 Accessibility shall be required to only one point of sale of
209 lottery tickets for each lottery retailer location. The
210 requirements of this subsection shall be deemed to have been met
211 if, in lieu of the foregoing, disabled persons can purchase
212 tickets from the retail location by means of a drive-up window,
213 provided the hours of access at the drive-up window are not less
214 than those provided at any other entrance at that lottery
215 retailer location. Inspections for compliance with this
216 subsection shall be performed by those enforcement authorities
217 responsible for enforcement pursuant to s. 553.80 in accordance
218 with procedures established by those authorities. Those
219 enforcement authorities shall provide to the Department of the
220 Lottery a certification of noncompliance for any lottery
221 retailer not meeting such requirements.
222 (14) The secretary may, after filing with the Department of
223 State his or her manual signature certified by the secretary
224 under oath, execute or cause to be executed contracts between
225 the department and retailers by means of engraving, imprinting,
226 stamping, or other facsimile signature.
227 (15) A vending machine may be used to dispense online
228 lottery tickets, instant lottery tickets, or both online and
229 instant lottery tickets.
230 (a) The vending machine must:
231 1. Dispense a lottery ticket after a purchaser inserts a
232 coin or currency in the machine.
233 2. Be capable of being electronically deactivated for a
234 period of 5 minutes or more.
235 3. Be designed to prevent its use for any purpose other
236 than dispensing a lottery ticket.
237 (b) In order to be authorized to use a vending machine to
238 dispense lottery tickets, a retailer must:
239 1. Locate the vending machine in the retailer’s direct line
240 of sight to ensure that purchases are only made by persons at
241 least 18 years of age.
242 2. Ensure that at least one employee is on duty when the
243 vending machine is available for use. However, if the retailer
244 has previously violated s. 24.1055, at least two employees must
245 be on duty when the vending machine is available for use.
246 (c) A vending machine that dispenses a lottery ticket may
247 dispense change to a purchaser but may not be used to redeem any
248 type of winning lottery ticket.
249 (d) The vending machine, or any machine or device linked to
250 the vending machine, may not include or make use of video reels
251 or mechanical reels or other video depictions of slot machine or
252 casino game themes or titles for game play. This does not
253 preclude the use of casino game themes or titles on such tickets
254 or signage or advertising displays on the machines.
255 (16)(a) The department, a retailer operating from one or
256 more locations, or a vendor approved by the department may use a
257 point-of-sale terminal to facilitate the sale of lottery tickets
258 or games. A point-of-sale terminal must:
259 1. Dispense or communicate some form of verifiable lottery
260 game play, receipt, or ticket after the purchaser uses a credit
261 card, debit card, charge card, or other similar card issued by a
262 bank, savings association, credit union, or charge card company
263 or issued by a retailer pursuant to part II of chapter 520;
264 2. Recognize a valid driver license or use another age
265 verification process approved by the department to ensure that
266 only persons at least 18 years of age may purchase a lottery
267 ticket or game;
268 3. Process lottery transactions through a platform that is
269 certified or otherwise approved by the department; and
270 4. Be in compliance with all applicable department
271 requirements related to the lottery tickets or games offered for
272 sale, including play limits and restrictions on the types of
273 cards that are accepted for payment.
274 (b) A point-of-sale terminal may not dispense money to pay
275 a winning lottery ticket or game; however, winnings may be
276 directly deposited into a player’s account pursuant to a process
277 approved by the department.
278 (c) A point-of-sale terminal may not include or make use of
279 video reels or mechanical reels or other video depictions of
280 slot machine or casino game themes or titles for game play. This
281 does not preclude the use of casino game themes or titles on a
282 lottery ticket or game or on the signage or advertising displays
283 on the terminal.
284 Section 4. This act shall take effect upon becoming a law.
