Florida Statute 24.109 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 24
STATE LOTTERIES

View Entire Chapter

24.109 Administrative procedure.—

(1) The department may at any time adopt emergency rules pursuant to s. 120.54. The Legislature finds that such emergency rulemaking power is necessary for the preservation of the rights and welfare of the people in order to provide additional funds to benefit the public. The Legislature further finds that the unique nature of state lottery operations requires, from time to time, that the department respond as quickly as is practicable to changes in the marketplace. Therefore, in adopting such emergency rules, the department need not make the findings required by s. 120.54(4)(a). Emergency rules adopted under this section are exempt from s. 120.54(4)(c) and shall remain in effect until replaced by other emergency rules or by rules adopted under the nonemergency rulemaking procedures of the Administrative Procedure Act.

(2) The provisions of s. 120.57(3) apply to the department’s contracting process, except that:

(a) A formal written protest of any decision, intended decision, or other action subject to protest shall be filed within 72 hours after receipt of notice of the decision, intended decision, or other action.

(b) In a competitive procurement protest, including the rejection of all bids, proposals, or replies, the administrative law judge shall not substitute his or her procurement decision for the agency’s procurement decision but shall review the intended agency action only to determine if the agency action is illegal, arbitrary, dishonest, or fraudulent.

(c) As an alternative to any provision in s. 120.57(3)(c), the department may proceed with the bid solicitation or contract award process when the secretary of the department sets forth in writing particular facts and circumstances which require the continuance of the bid solicitation process or the contract award process in order to avoid a substantial loss of funding to the state or to avoid substantial disruption of the timetable for any scheduled lottery game.

History.—s. 9, ch. 87-65; s. 36, ch. 90-302; s. 4, ch. 96-410; s. 1, ch. 2006-278.

F.S. 24.109 on Google Scholar

F.S. 24.109 on CourtListener

Amendments to 24.109

Annotations, Discussions, Cases:

Cases Citing Statute 24.109

Total Results: 4 | Sort by: Relevance | Newest First

Copy

Carnival Corp. v. SeaEscape Casino Cruises, Inc., 74 F. Supp. 2d 1261 (S.D. Fla. 1999).

Cited 27 times | Published | District Court, S.D. Florida | 52 U.S.P.Q. 2d (BNA) 1920, 1999 U.S. Dist. LEXIS 17546, 1999 WL 1023121

Thomas McCarthy, Trademarks & Unfair Competition § 24:109 (Supp.1998)). To be famous, a mark must be "`truly

Copy

Sci. Games, Inc. v. Dittler Bros., Inc., 586 So. 2d 1128 (Fla. 1st DCA 1991).

Cited 7 times | Published | Florida 1st District Court of Appeal | 1991 Fla. App. LEXIS 7953, 1991 WL 152084

...Copies of the Notice were also sent to the responding parties by overnight delivery and received at approximately 10:30 AM on Monday, May 20. Dittler Brothers was uncertain as to the time of commencement of the 72 hour period for filing a protest under section 24.109(2)(a), Florida Statutes (Supp....

...1978) (declining to review before plenary appeal an order denying a motion to dismiss on grounds of expiration of the statute of limitations.) Nevertheless, we find that even if we were to accept jurisdiction, in light of the correspondence from the department to Dittler Brothers and the express terms of section 24.109(2)(a), which provides that a protest must be filed "within 72 hours after receipt of notice of the decision ...," we do not find that Scientific Games has demonstrated that the Hearing Officer erroneously denied the motion to dismiss....

Copy

Miami-dade Cty. Sch. Bd. v. J. Ruiz Sch. Bus Serv., Inc., 874 So. 2d 59 (Fla. 3d DCA 2004).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 6980, 2004 WL 1106783

through the commission"]; Colorado: Colo.Rev.Stat. § 24-109-104 ["protester shall be entitled to the reasonable

Copy

DeKalb Cnty. v. U.S. Dep't of Labor, 812 F.3d 1015 (11th Cir. 2016).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit | 41 I.E.R. Cas. (BNA) 110, 2016 U.S. App. LEXIS 2115, 2016 WL 463455

...of Educ. v. Doyle, 429 U.S. 274, 97 S. Ct. 568 (1977)). The employee has the burden to show “by a preponderance of the evidence that the protected activity caused or was a motivating factor in the adverse action alleged in the complaint.” 29 C.F.R. § 24.109(b)(2)....

...at 1790 (plurality opinion). “If the [employee] has demonstrated by a preponderance of the evidence that the protected activity caused or was a motivating factor in the adverse action alleged in the complaint,” the burden shifts to the employer. 29 C.F.R. § 24.109(b)(2)....