Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER09-23: $200 Million Spectacular Bonus Sales Commission Retailer Incentive
SUMMARY: Effective May 18, 2009 through June 7, 2009, the Florida Lottery will conduct $200 Million Spectacular Bonus Sales Commission Retailer Incentive.
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:

53ER09-23 $200 Million Spectacular Bonus Sales Commission Retailer Incentive.

(1) Beginning May 18, 2009 through June 7, 2009, the Florida Lottery will pay retailers a bonus sales commission of two and one-half percent (2.5%) for each $200 Million Spectacular book of 600 tickets sold in their store, in addition to the regular commission set forth in Rule 53ER05-14, F.A.C.

(2) If a book of $200 Million Spectacular tickets is settled during the incentive period and subsequently unsettled, the retailer’s account will be adjusted to reverse the additional two and one-half percent (2.5%) sales commission.

(3) If a book of $200 Million Spectacular tickets is settled during the incentive period and is subsequently reported lost, stolen or damaged, the retailer’s account will be adjusted to reverse the additional two and one-half percent (2.5%) sales commission.

(4) The bonus sales commissions will be reflected on the retailer’s weekly settlement report within three weeks of the end of the promotion. The Lottery reserves the right to apply a bonus commission earned against a retailer’s outstanding debt to the Lottery and to award the remaining balance of the bonus commission, if any.

(5) Bonus sales commissions will be considered compensation to the retailer for Internal Revenue Service purposes.

(6) Retailers whose Florida Lottery contracts are terminated or inactivated prior to the bonus commission award shall be paid the bonus commission earned provided said termination or inactivation was not due to noncompliance with Chapter 24, F.S., Chapter 53, F.A.C., or contract terms.

Rulemaking Authority 24.105(9)(i), 24.109(1), 24.112(1) FS. Law Implemented 24.105(9)(i), 24.112(1) FS. History–New 5-13-09.

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: May 13, 2009