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Florida Statute 24.115 - Full Text and Legal Analysis
Florida Statute 24.115 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH
Chapter 24
STATE LOTTERIES
View Entire Chapter
24.115 Payment of prizes.
(1) The department shall promulgate rules to establish a system of verifying the validity of tickets claimed to win prizes and to effect payment of such prizes; however:
(a) The right of any person to a prize, other than a prize that is payable in installments over time, is not assignable. However, any prize, to the extent that it has not been assigned or encumbered pursuant to s. 24.1153, may be paid to the estate of a deceased prize winner or to a person designated pursuant to an appropriate court order. A prize that is payable in installments over time is assignable, but only pursuant to an appropriate court order as provided in s. 24.1153.
(b) No prize shall be paid to any person under the age of 18 years unless the winning ticket was lawfully purchased and made a gift to the minor. In such case, the department shall direct payment to an adult member of the minor’s family or the legal guardian of the minor as custodian for the minor. The person named as custodian shall have the same powers and duties as prescribed for a custodian pursuant to chapter 710, the Florida Uniform Transfers to Minors Act.
(c) No prize may be paid arising from claimed tickets that are stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received or not recorded by the department by applicable deadlines, lacking in captions that confirm and agree with the lottery play symbols as appropriate to the lottery game involved, or not in compliance with such additional specific rules and public or confidential validation and security tests of the department appropriate to the particular lottery game involved.
(d) No particular prize in any lottery game may be paid more than once, and in the event of a binding determination that more than one claimant is entitled to a particular prize, the sole remedy of such claimants is the award to each of them of an equal share in the prize.
(e) For the convenience of the public, retailers may be authorized to pay winners amounts less than $600 after performing validation procedures on their premises appropriate to the lottery game involved.
(f) Holders of tickets shall have the right to claim prizes for 180 days after the drawing or the end of the lottery game or play in which the prize was won; except that with respect to any game in which the player may determine instantly if he or she has won or lost, such right shall exist for 60 days after the end of the lottery game. If a valid claim is not made for a prize within the applicable period, the prize shall constitute an unclaimed prize for purposes of subsection (2).
(g) No prize shall be paid upon a ticket purchased or sold in violation of this act or to any person who is prohibited from purchasing a lottery ticket pursuant to this act. Any such prize shall constitute an unclaimed prize for purposes of subsection (2).
(2)(a) Eighty percent of all unclaimed prize money shall be deposited in the Educational Enhancement Trust Fund consistent with the provisions of s. 24.121(2). Subject to appropriations provided in the General Appropriations Act, these funds may be used to match private contributions received under the postsecondary matching grant programs established in ss. 1011.32, 1011.85, 1011.94, and 1013.79.
(b) The remaining 20 percent of unclaimed prize money shall be added to the pool from which future prizes are to be awarded or used for special prize promotions.
(3) The department shall be discharged of all liability upon payment of a prize.
(4) It is the responsibility of the appropriate state agency and of the judicial branch to identify to the department, in the form and format prescribed by the department, persons owing an outstanding debt to any state agency or owing child support collected through a court, including spousal support or alimony for the spouse or former spouse of the obligor if the child support obligation is being enforced by the Department of Revenue. Prior to the payment of a prize of $600 or more to any claimant having such an outstanding obligation, the department shall transmit the amount of the debt to the agency claiming the debt and shall authorize payment of the balance to the prize winner after deduction of the debt. If a prize winner owes multiple debts subject to offset under this subsection and the prize is insufficient to cover all such debts, the amount of the prize shall be transmitted first to the agency claiming that past due child support is owed. If a balance of lottery prize remains after payment of past due child support, the remaining lottery prize amount shall be transmitted to other agencies claiming debts owed to the state, pro rata, based upon the ratio of the individual debt to the remaining debt owed to the state.
History.s. 15, ch. 87-65; s. 1, ch. 88-8; s. 91, ch. 95-147; s. 1, ch. 96-310; s. 7, ch. 96-341; s. 2, ch. 99-184; s. 1, ch. 2001-158; s. 1, ch. 2005-84.

F.S. 24.115 on Google Scholar

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Amendments to 24.115


Annotations, Discussions, Cases:

Cases Citing Statute 24.115

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Overton v. Progressive Ins. Co., 585 So. 2d 445 (Fla. 4th DCA 1991).

Cited 11 times | Published | Florida 4th District Court of Appeal | 1991 Fla. App. LEXIS 8569, 1991 WL 167842

interest); 3 Couch on Insurance 2d (Rev. ed.) § 24:115. The fact that appellant did not own the insured
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Haynes v. Dep't of Lottery, 630 So. 2d 1177 (Fla. 1st DCA 1994).

Cited 7 times | Published | Florida 1st District Court of Appeal | 1994 WL 5310

...In the instant case, the Lottery made an offer that the purchaser of a Lotto ticket would have a chance to win prize monies according to the rules and procedures of the lottery. Herein, in buying their tickets, appellants accepted that offer and agreed to the announced rules for determining prize winners. Section 24.115 of the Florida Public Education Lottery Act, Florida Statutes (1987), is entitled "Payment of prizes" and provides in pertinent part: (c) No prize may be paid arising from claimed tickets that are stolen, counterfeit, altered, fraudule...
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Anna Maria Curcio v. State of Florida Dep't etc., 164 So. 3d 750 (Fla. 1st DCA 2015).

Published | Florida 1st District Court of Appeal

...With respect to the second issue, the trial court correctly concluded that it was not a breach of contract 10 for the Lottery to refuse to pay Appellant the $500,000 prize shown on the ticket. In support of its conclusion, the trial court relied on section 24.115(1)(c), Florida Statutes, which provides in pertinent part that “[n]o prize may be paid arising from claimed tickets that are ....
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Salkin v. Stone Street Capital, Inc. (In Re Jack), 297 B.R. 279 (Bankr. S.D. Fla. 2010).

Published | United States Bankruptcy Court, S.D. Florida.

...Sonya Salkin was appointed as the Chapter 7 Trustee ("Trustee"). *281 11. On January 10, 2003 the Trustee filed a complaint alleging inter alia, that the assignment by Stanley Jack of his beneficial interest in the Stanley Jack Trust is void pursuant to Section 24.115 of the Florida Public Education Act and seeking return of all funds received by the Stanley Jack Trust and subsequently disbursed to Stone Street and/or Great-West as assignees of Stanley Jack's beneficial interest in the Trust....
...[1] CONCLUSIONS OF LAW The central issue in this case is whether the Debtor's assignment of his beneficial interest in the Stanley Jack Trust to Stone Street Capital, Inc. and/or Great-West Life and Annuity Insurance Company constituted a prohibited transfer under Florida Statute § 24.115, as it existed at the time of the transfer, and whether the transfer was, therefore, void as a matter of law....
...As the facts set forth above are not in dispute, the issue presented is purely one of law and the result is dictated by well established canons of statutory construction. The applicable Florida Statute at the time of the assignment of the beneficial interest in the trust, Fla. State. 24.115 provided in pertinent part: [2] The right of any person to a prize shall not be assignable....
...of a beneficial interest of a trust from assigning his beneficial interest to a third party if the trust res is lottery proceeds. Applying the requisite rules of statutory construction, the Court holds that such an assignment is not precluded under Section 24.115, Fla.Stat....
...Based upon the agreed facts and the clear and unambiguous statutory language, this Court holds that Stanley Jack, as a beneficiary of the Stanley Jack Trust, had the right to assign, sell or otherwise hypothecate his beneficial interest in the Trust and such assignment is not violative of Florida Statute § 24.115....
...Under common law, the owner of a beneficial interest in a *283 trust, like a shareholder in a corporation, has the right to assign, sell or otherwise transfer his interest, including circumstances in which the assets of the trust are lottery prize payments. A contrary interpretation of Florida Statute 24.115 would be nothing short of creating statutory language, a practice prohibited by the well established axioms of statutory construction....
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Miller v. State, Dep't of Lottery, 638 So. 2d 172 (Fla. 1st DCA 1994).

Published | Florida 1st District Court of Appeal | 1994 Fla. App. LEXIS 5721, 1994 WL 256939

...Reviewing first the pertinent statutory provisions, section 24.105, which details the powers and duties of the Lottery, provides that the Lottery shall: 1 (10) Adopt rules governing the establishment and operation of the state lottery, including: (e) The manner of payment of prizes to holders of winning tickets. Section 24.115, governing payment of prizes, provides: (1) The department shall promulgate rules to establish a system of verifying the validity of tickets claimed to win prizes and to effect payment of such prizes; however (c) No prize may be paid a...
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Hajj-Mak v. Spencer, 747 So. 2d 464 (Fla. Dist. Ct. App. 1999).

Published | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 17095, 1999 WL 1243373

elected instead to bring this appeal. Lastly, section 24.115, Florida Statutes (1999), specifically provides