Florida Statute 24.109 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IV
EXECUTIVE BRANCH

Chapter 24
STATE LOTTERIES

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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

Annotations, Discussions, Cases:

Cases Citing Statute 24.109

Total Results: 4

Carnival Corp. v. SeaEscape Casino Cruises, Inc.

74 F. Supp. 2d 1261, 52 U.S.P.Q. 2d (BNA) 1920, 1999 U.S. Dist. LEXIS 17546, 1999 WL 1023121

District Court, S.D. Florida | Filed: Oct 26, 1999 | Docket: 2296759

Cited 27 times | Published

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

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

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

District Court of Appeal of Florida | Filed: Aug 7, 1991 | Docket: 1487124

Cited 7 times | Published

the 72 hour period for filing a protest under section 24.109(2)(a), Florida Statutes (Supp. 1990) and made

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

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

District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 1738099

Cited 3 times | Published

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

DeKalb County v. U.S. Department of Labor

812 F.3d 1015, 41 I.E.R. Cas. (BNA) 110, 2016 U.S. App. LEXIS 2115, 2016 WL 463455

Court of Appeals for the Eleventh Circuit | Filed: Feb 8, 2016 | Docket: 3034391

Cited 1 times | Published

adverse action alleged in the complaint.” 29 C.F.R. § 24.109(b)(2). A motivating factor is “a substantial factor

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