Florida Statute 24.109 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 24
STATE LOTTERIES

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F.S. 24.109

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.

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Amendments to 24.109

Arrestable Offenses / Crimes under Fla. Stat. 24.109

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 24.109.

Annotations, Discussions, Cases:

Cases Citing Statute 24.109

Total Results: 11

Kuvin v. City of Coral Gables

Court: District Court of Appeal of Florida | Date Filed: 2010-08-25

Citation: 45 So. 3d 836, 2010 Fla. App. LEXIS 20776, 2010 WL 3324938

Snippet: by the First Amendment. Stanglin, 490 U.S. at 24, 109 S.Ct. 1591; Roberts v. U.S. Jaycees, 468 U.S. 609

Kuvin v. City of Coral Gables

Court: District Court of Appeal of Florida | Date Filed: 2010-08-25

Citation: 45 So. 3d 859, 2010 Fla. App. LEXIS 20777, 2010 WL 3324931

Snippet: by the First Amendment. Stanglin, 490 U.S. at 24, 109 S.Ct. 1591; Roberts v. United States Jaycees, 468

Kuvin v. City of Coral Gables

Court: District Court of Appeal of Florida | Date Filed: 2010-08-25

Citation: 62 So. 3d 625, 2010 Fla. App. LEXIS 12416, 2010 WL 6570552

Snippet: by the First Amendment. Stanglin, 490 U.S. at 24, 109 S.Ct. 1591; Roberts v. U.S. Jaycees, 468 U.S. 609

Kuvin v. City of Coral Gables

Court: District Court of Appeal of Florida | Date Filed: 2007-08-22

Citation: 62 So. 3d 604, 2007 Fla. App. LEXIS 13015, 2007 WL 7548631

Snippet: by the First Amendment. Stanglin, 490 U.S. at 24, 109 S.Ct. 1591; Roberts v. United States Jaycees, 468

MIAMI-DADE CTY. SCHOOL BOARD v. J. Ruiz School Bus Service, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-05-19

Citation: 874 So. 2d 59, 2004 Fla. App. LEXIS 6980, 2004 WL 1106783

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

Humana, Inc. v. Castillo

Court: District Court of Appeal of Florida | Date Filed: 1999-01-15

Citation: 728 So. 2d 261, 1999 WL 13003

Snippet: See Great American Ins. Co. v. Suarez, 92 Fla. 24, 109 So. 299 (Fla.1926); Atlantic Nat'l Bank v. Vest

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-12-28

Snippet: Stat. 5 Section 24.105, Fla. Stat. And see, s. 24.109(1), Fla. Stat., authorizing the department to adopt

Scientific Games, Inc. v. Dittler Bros., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1991-08-07

Citation: 586 So. 2d 1128, 1991 Fla. App. LEXIS 7953, 1991 WL 152084

Snippet: hour period for filing a protest under section 24.109(2)(a), Florida Statutes (Supp. 1990) and made inquiry

Reina v. Gingerale Corp.

Court: District Court of Appeal of Florida | Date Filed: 1985-06-25

Citation: 472 So. 2d 530, 10 Fla. L. Weekly 1596, 1985 Fla. App. LEXIS 14925

Snippet: (1939); Great American Ins. Co. v. Suarez, 92 Fla. 24, 109 So. 299 (1926). See also Ocala Loan Co. v. Smith

Gair v. Lockhart

Court: Supreme Court of Florida | Date Filed: 1950-08-01

Citation: 47 So. 2d 826, 1950 Fla. LEXIS 1091

Snippet: of New York, a corporation, v. Suarez, 92 Fla. 24, 109 So. 299; Baylarian v. Tunnicliffe, 105 Fla. 484

Great Am. Ins. Co. of N.Y. v. Suarez, Jr.

Court: Supreme Court of Florida | Date Filed: 1932-11-17

Citation: 146 So. 644, 107 Fla. 705

Snippet: reversed. Great Am. Ins. Co. vs. Suarez, 92 Fla. 24, 109 So. 262; do 96 Fla. 865,119 So. 388, 120 So. 320