Bill Text: FL S1032 | 2015 | Regular Session | Comm Sub
Bill Title: Point-of-sale Terminals
Spectrum: Bipartisan Bill
Status: (Failed) 2015-05-01 - Died in Fiscal Policy [S1032 Detail]
Download: Florida-2015-S1032-Comm_Sub.html
Florida Senate - 2015 CS for SB 1032
By the Committee on Regulated Industries; and Senators Richter,
Diaz de la Portilla, and Braynon
580-02816-15 20151032c1
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 video depictions of slot machine or casino
17 game themes or titles for game play; prohibiting a
18 point-of-sale terminal from being used to redeem a
19 winning ticket; providing that revenue generated by a
20 point-of-sale-terminal shall be used to enhance
21 instructional technology resources for students and
22 teachers in this state; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 24.103, Florida Statutes, is reordered
27 and amended to read:
28 24.103 Definitions.—As used in this act, the term:
29 (1) “Department” means the Department of the Lottery.
30 (6)(2) “Secretary” means the secretary of the department.
31 (3) “Person” means any individual, firm, association, joint
32 adventure, partnership, estate, trust, syndicate, fiduciary,
33 corporation, or other group or combination and includes an shall
34 include any agency or political subdivision of the state.
35 (4) “Point-of-sale terminal” means an electronic device
36 used to process credit card, debit card, or other similar charge
37 card payments at retail locations which is supported by networks
38 that enable verification, payment, transfer of funds, and
39 logging of transactions.
40 (2)(4) “Major procurement” means a procurement for a
41 contract for the printing of tickets for use in any lottery
42 game, consultation services for the startup of the lottery, any
43 goods or services involving the official recording for lottery
44 game play purposes of a player’s selections in any lottery game
45 involving player selections, any goods or services involving the
46 receiving of a player’s selection directly from a player in any
47 lottery game involving player selections, any goods or services
48 involving the drawing, determination, or generation of winners
49 in any lottery game, the security report services provided for
50 in this act, or any goods and services relating to marketing and
51 promotion which exceed a value of $25,000.
52 (5) “Retailer” means a person who sells lottery tickets on
53 behalf of the department pursuant to a contract.
54 (7)(6) “Vendor” means a person who provides or proposes to
55 provide goods or services to the department, but does not
56 include an employee of the department, a retailer, or a state
57 agency.
58 Section 2. Present subsections (19) and (20) of section
59 24.105, Florida Statutes, are redesignated as subsections (20)
60 and (21), respectively, and a new subsection (19) is added to
61 that section, to read:
62 24.105 Powers and duties of department.—The department
63 shall:
64 (19) Have the authority to create a program that allows a
65 person who is 18 years of age or older to purchase a lottery
66 ticket or game at a point-of-sale terminal. The department may
67 adopt rules to administer the program.
68 Section 3. Section 24.112, Florida Statutes, is amended to
69 read:
70 24.112 Retailers of lottery tickets; authorization of
71 vending machines; point-of-sale terminals to dispense lottery
72 tickets.—
73 (1) The department shall promulgate rules specifying the
74 terms and conditions for contracting with retailers who will
75 best serve the public interest and promote the sale of lottery
76 tickets.
77 (2) In the selection of retailers, the department shall
78 consider factors such as financial responsibility, integrity,
79 reputation, accessibility of the place of business or activity
80 to the public, security of the premises, the sufficiency of
81 existing retailers to serve the public convenience, and the
82 projected volume of the sales for the lottery game involved. In
83 the consideration of these factors, the department may require
84 the information it deems necessary of any person applying for
85 authority to act as a retailer. However, the department may not
86 establish a limitation upon the number of retailers and shall
87 make every effort to allow small business participation as
88 retailers. It is the intent of the Legislature that retailer
89 selections be based on business considerations and the public
90 convenience and that retailers be selected without regard to
91 political affiliation.
92 (3) The department may shall not contract with any person
93 as a retailer who:
94 (a) Is less than 18 years of age.
95 (b) Is engaged exclusively in the business of selling
96 lottery tickets; however, this paragraph may shall not preclude
97 the department from selling lottery tickets.
98 (c) Has been convicted of, or entered a plea of guilty or
99 nolo contendere to, a felony committed in the preceding 10
100 years, regardless of adjudication, unless the department
101 determines that:
102 1. The person has been pardoned or the person’s civil
103 rights have been restored;
104 2. Subsequent to such conviction or entry of plea the
105 person has engaged in the kind of law-abiding commerce and good
106 citizenship that would reflect well upon the integrity of the
107 lottery; or
108 3. If the person is a firm, association, partnership,
109 trust, corporation, or other entity, the person has terminated
110 its relationship with the individual whose actions directly
111 contributed to the person’s conviction or entry of plea.
112 (4) The department shall issue a certificate of authority
113 to each person with whom it contracts as a retailer for purposes
114 of display pursuant to subsection (6). The issuance of the
115 certificate may shall not confer upon the retailer any right
116 apart from that specifically granted in the contract. The
117 authority to act as a retailer may shall not be assignable or
118 transferable.
119 (5) A Any contract executed by the department pursuant to
120 this section shall specify the reasons for any suspension or
121 termination of the contract by the department, including, but
122 not limited to:
123 (a) Commission of a violation of this act or rule adopted
124 pursuant thereto.
125 (b) Failure to accurately account for lottery tickets,
126 revenues, or prizes as required by the department.
127 (c) Commission of any fraud, deceit, or misrepresentation.
128 (d) Insufficient sale of tickets.
129 (e) Conduct prejudicial to public confidence in the
130 lottery.
131 (f) Any material change in any matter considered by the
132 department in executing the contract with the retailer.
133 (6) Each Every retailer shall post and keep conspicuously
134 displayed in a location on the premises accessible to the public
135 its certificate of authority and, with respect to each game, a
136 statement supplied by the department of the estimated odds of
137 winning a some prize for the game.
138 (7) A No contract with a retailer may not shall authorize
139 the sale of lottery tickets at more than one location, and a
140 retailer may sell lottery tickets only at the location stated on
141 the certificate of authority.
142 (8) With respect to any retailer whose rental payments for
143 premises are contractually computed, in whole or in part, on the
144 basis of a percentage of retail sales, and where such
145 computation of retail sales is not explicitly defined to include
146 sales of tickets in a state-operated lottery, the compensation
147 received by the retailer from the department shall be deemed to
148 be the amount of the retail sale for the purposes of such
149 contractual compensation.
150 (9)(a) The department may require each every retailer to
151 post an appropriate bond as determined by the department, using
152 an insurance company acceptable to the department, in an amount
153 not to exceed twice the average lottery ticket sales of the
154 retailer for the period within which the retailer is required to
155 remit lottery funds to the department. For the first 90 days of
156 sales of a new retailer, the amount of the bond may not exceed
157 twice the average estimated lottery ticket sales for the period
158 within which the retailer is required to remit lottery funds to
159 the department. This paragraph does shall not apply to lottery
160 tickets that which are prepaid by the retailer.
161 (b) In lieu of such bond, the department may purchase
162 blanket bonds covering all or selected retailers or may allow a
163 retailer to deposit and maintain with the Chief Financial
164 Officer securities that are interest bearing or accruing and
165 that, with the exception of those specified in subparagraphs 1.
166 and 2., are rated in one of the four highest classifications by
167 an established nationally recognized investment rating service.
168 Securities eligible under this paragraph shall be limited to:
169 1. Certificates of deposit issued by solvent banks or
170 savings associations organized and existing under the laws of
171 this state or under the laws of the United States and having
172 their principal place of business in this state.
173 2. United States bonds, notes, and bills for which the full
174 faith and credit of the government of the United States is
175 pledged for the payment of principal and interest.
176 3. General obligation bonds and notes of any political
177 subdivision of the state.
178 4. Corporate bonds of any corporation that is not an
179 affiliate or subsidiary of the depositor.
180
181 Such securities shall be held in trust and shall have at all
182 times a market value at least equal to an amount required by the
183 department.
184 (10) Each Every contract entered into by the department
185 pursuant to this section shall contain a provision for payment
186 of liquidated damages to the department for any breach of
187 contract by the retailer.
188 (11) The department shall establish procedures by which
189 each retailer shall account for all tickets sold by the retailer
190 and account for all funds received by the retailer from such
191 sales. The contract with each retailer shall include provisions
192 relating to the sale of tickets, payment of moneys to the
193 department, reports, service charges, and interest and
194 penalties, if necessary, as the department shall deem
195 appropriate.
196 (12) No Payment by a retailer to the department for tickets
197 may not shall be in cash. All such payments shall be in the form
198 of a check, bank draft, electronic fund transfer, or other
199 financial instrument authorized by the secretary.
200 (13) Each retailer shall provide accessibility for disabled
201 persons on habitable grade levels. This subsection does not
202 apply to a retail location that which has an entrance door
203 threshold more than 12 inches above ground level. As used in
204 herein and for purposes of this subsection only, the term
205 “accessibility for disabled persons on habitable grade levels”
206 means that retailers shall provide ramps, platforms, aisles and
207 pathway widths, turnaround areas, and parking spaces to the
208 extent these are required for the retailer’s premises by the
209 particular jurisdiction where the retailer is located.
210 Accessibility shall be required to only one point of sale of
211 lottery tickets for each lottery retailer location. The
212 requirements of this subsection shall be deemed to have been met
213 if, in lieu of the foregoing, disabled persons can purchase
214 tickets from the retail location by means of a drive-up window,
215 provided the hours of access at the drive-up window are not less
216 than those provided at any other entrance at that lottery
217 retailer location. Inspections for compliance with this
218 subsection shall be performed by those enforcement authorities
219 responsible for enforcement pursuant to s. 553.80 in accordance
220 with procedures established by those authorities. Those
221 enforcement authorities shall provide to the Department of the
222 Lottery a certification of noncompliance for any lottery
223 retailer not meeting such requirements.
224 (14) The secretary may, after filing with the Department of
225 State his or her manual signature certified by the secretary
226 under oath, execute or cause to be executed contracts between
227 the department and retailers by means of engraving, imprinting,
228 stamping, or other facsimile signature.
229 (15) A vending machine may be used to dispense online
230 lottery tickets, instant lottery tickets, or both online and
231 instant lottery tickets.
232 (a) The vending machine must:
233 1. Dispense a lottery ticket after a purchaser inserts a
234 coin or currency in the machine.
235 2. Be capable of being electronically deactivated for a
236 period of 5 minutes or more.
237 3. Be designed to prevent its use for any purpose other
238 than dispensing a lottery ticket.
239 (b) In order to be authorized to use a vending machine to
240 dispense lottery tickets, a retailer must:
241 1. Locate the vending machine in the retailer’s direct line
242 of sight to ensure that purchases are only made by persons at
243 least 18 years of age.
244 2. Ensure that at least one employee is on duty when the
245 vending machine is available for use. However, if the retailer
246 has previously violated s. 24.1055, at least two employees must
247 be on duty when the vending machine is available for use.
248 (c) A vending machine that dispenses a lottery ticket may
249 dispense change to a purchaser but may not be used to redeem any
250 type of winning lottery ticket.
251 (d) The vending machine, or any machine or device linked to
252 the vending machine, may not include or make use of video reels
253 or mechanical reels or other video depictions of slot machine or
254 casino game themes or titles for game play. This does not
255 preclude the use of casino game themes or titles on such tickets
256 or signage or advertising displays on the machines.
257 (16) The department, a retailer operating from one or more
258 locations, or a vendor approved by the department may use a
259 point-of-sale terminal to facilitate the sale of a lottery
260 ticket or game.
261 (a) A point-of-sale terminal must:
262 1. Dispense a paper lottery ticket with numbers selected by
263 the purchaser or selected randomly by the machine after the
264 purchaser uses a credit card, debit card, charge card, or other
265 similar card issued by a bank, savings association, credit
266 union, or charge card company or issued by a retailer pursuant
267 to part II of chapter 520 for payment;
268 2. Recognize a valid driver license or use another age
269 verification process approved by the department to ensure that
270 only persons at least 18 years of age may purchase a lottery
271 ticket or game;
272 3. Process a lottery transaction through a platform that is
273 certified or otherwise approved by the department; and
274 4. Be in compliance with all applicable department
275 requirements related to the lottery ticket or game offered for
276 sale.
277 (b) A point-of-sale terminal does not reveal winning
278 numbers, which are selected at a subsequent time and different
279 location through a drawing by the Florida Lottery.
280 (c) A point-of-sale terminal, or any machine or device
281 linked to the point-of-sale terminal, may not include or make
282 use of video reels or mechanical reels or other video depictions
283 of slot machine or casino game themes or titles for game play.
284 This does not preclude the use of casino game themes or titles
285 on a lottery ticket or game or on the signage or advertising
286 displays on the terminal.
287 (d) A point-of-sale terminal may not be used to redeem a
288 winning ticket.
289 (17) Revenue generated from a point-of-sale terminal under
290 this section shall be used to enhance instructional technology
291 resources for students and teachers in this state.
292 Section 4. This act shall take effect upon becoming a law.
