53ER08-43: Lost, Stolen, or Damaged Instant Lottery Tickets.
SUMMARY: This emergency rule sets forth for Lottery retailers the reporting requirement and charges associated with active and inactive books of lost, stolen or damaged instant lottery tickets.
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:
53ER08-43 Lost, Stolen or Damaged Instant Lottery Tickets.
(1) Reporting Requirement.
(a) Upon the theft, loss or damage of instant lottery tickets the retailer shall immediately report the incident to the Lottery Division of Security at (850)487-7752.
(b) For purposes of this rule, tickets that have latex removed or that have been “scratched” are not considered “damaged tickets” and shall not be accepted for retailer account adjustment.
(2) Inactive Tickets. If tickets from a book are lost, stolen or damaged before the book has been activated, the retailer will be charged a service fee equal to fifty percent (50%) of the value of the book, less sales commission, except as follows:
(a) If the retailer provides the Lottery with a copy of a police report reporting the theft of tickets, the retailer shall be charged a non-refundable service fee of five dollars ($5.00) for each book reported stolen.
(b) The retailer will not be charged a service fee for books missing from a shipment provided the retailer reports the books as missing to the Lottery within seven (7) days of receipt of the shipment.
(c) A retailer will not be charged a service fee for books damaged by the vendor provided such damage is reported to the Lottery within seven (7) days of receipt of the shipment containing the damaged books.
(3) Active Tickets. If tickets from a book are lost, stolen or damaged after the book has been activated, the retailer shall be charged the retail value of the book of tickets multiplied by the percentage of low tier winning tickets redeemed as of the date the book is reported lost, stolen or damaged, less the retailer’s sales commission(s).
(4) Settled Tickets. If a retailer settles a book of active tickets and subsequently reports unsold tickets as lost, stolen or damaged, the retailer will be credited an amount equal to the retail value of the book less the amount calculated as set forth in subsection (3) above.
(5) The retailer shall return to the Lottery tickets recovered by the retailer subsequent to the tickets being reported lost, stolen or damaged.
(6) Payment for Tickets. Accounting for lost, stolen or damaged tickets will be reflected on the retailer’s weekly Settlement Report, as follows:
(a) The amount due the Lottery for the active books will be included with the book sales value.
(b) The amount due the Lottery for the inactive books will be reflected as an adjustment. No adjustment will be made to the retailer’s account upon return to the Lottery of active lost, stolen or damaged tickets recovered by the retailer subsequent to the tickets being reported lost, stolen or damaged.
(7) In the event books of tickets are lost, stolen or damaged for reasons arising out of force majeure, the Florida Lottery reserves the right to waive the assessment of charges under this rule. In determining whether to waive an assessment, the Lottery will consider factors such as the number of previous occurrences of lost, stolen or damaged tickets by the retailer in question, if any; whether the retailer had taken precautions to prevent the occurrence of lost, stolen, or damaged tickets; and whether the retailer had implemented loss prevention recommendations made by the Lottery prior to the occurrence of lost, stolen, or damaged tickets. As used herein, “force majeure” shall include acts of God, action of the elements, fire, explosion, rationing, war, civil disturbance, or other similar occurrences.
(8) This emergency rule replaces Emergency Rule 53ER07-16 Florida Administrative Code, effective July 1, 2008.
Specific Authority 24.109(1), 24.105(9)(j), 24.112(1) FS. Law Implemented 24.112, 24.114 FS. History–New 7-1-08, Replaces 53ER07-16.