Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER08-13: FLORIDA LOTTO™ Retailer Bonus Commission Program
SUMMARY: The Florida Lottery will award a bonus commission to the retailer(s) that sells one or more winning $2.00 or $3.00 FLORIDA LOTTO Jackpot ticket(s) for a Wednesday or Saturday LOTTO drawing.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER08-13 FLORIDA LOTTO™ Retailer Bonus Commission Program.

(1) Beginning March 5 through May 31, 2008, the Florida Lottery will conduct, as a retailer sales incentive, a Retailer LOTTO Bonus Commission Program in which the Florida Lottery will award a bonus commission to a retailer that sells a $2.00 or $3.00 winning FLORIDA LOTTO Jackpot ticket for a Wednesday or Saturday FLORIDA LOTTO drawing.

(2) A retailer that sells a winning Jackpot ticket for a $2.00 play will receive the standard bonus commission plus $5,000, and a retailer that sells a winning Jackpot ticket for a $3.00 play will receive the standard bonus commission plus $10,000. The additional bonus commission will not carry forward in the event no winning $2.00 or $3.00 Jackpot tickets are sold for a specific drawing.

(3) If multiple winning $2.00 or $3.00 FLORIDA LOTTO Jackpot tickets are sold for the same drawing, the retailers selling such tickets shall share the applicable bonus commission. Each retailer selling one or more of the winning $2.00 Jackpot tickets will receive a share of the bonus equal to the number of winning $2.00 Jackpot tickets sold by that particular retailer divided by the total number of winning $2.00 Jackpot tickets sold for that drawing. Each retailer selling one or more of the winning $3.00 Jackpot tickets will receive a share of the bonus equal to the number of winning $3.00 Jackpot tickets sold by that particular retailer divided by the total number of winning $3.00 Jackpot tickets sold for that drawing.

(4) Award of a FLORIDA LOTTO Jackpot bonus commission is not dependent upon the winning Jackpot ticket being claimed by the winner.

(5) Retailers whose Florida Lottery contracts are terminated or inactivated prior to payment of the bonus commission shall be paid the bonus commission earned provided said termination or inactivation was not due to noncompliance with Chapter 24, Florida Statutes, Chapter 53, Florida Administrative Code, or contract terms.

(6) A bonus commission will be considered compensation to the retailer for Internal Revenue Service purposes. The Florida Lottery reserves the right to apply a bonus commission earned against a retailer’s outstanding debt to the Florida Lottery, and to award the remaining balance of the bonus commission, if any.

Specific Authority 24.105(9)(i), 24.109(1) FS. Law Implemented 24.105(9)(i), 24.112(1) FS. History–New 2-28-08.

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.
EFFECTIVE DATE: February 28, 2008