53ER10-13: Powerball® with Power Play® Bonus Sales Commission Retailer Incentive.
SUMMARY: The Florida Lottery will award bonus sales commissions to the retailer(s) that sells one or more Powerball® with Power Play® 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:
53ER10-13 Powerball® with Power Play® Bonus Sales Commission Retailer Incentive.
(1) Beginning April 29, 2010 through May 19, 2010, the Florida Lottery will conduct, as a retailer sales incentive, a Powerball® with Power Play® Retailer Bonus and Sales Commission Program in which the Florida Lottery will award bonus sales commissions to retailers.
(2) The Florida Lottery will pay retailers a 5% bonus sales commission on each Power Play sale in addition to the regular commission set forth in Rule 53ER05-14, F.A.C., for a total of $.15 for each $2.00 Powerball with Power Play sale.
(3) The bonus commission will be reflected on the retailer’s weekly Settlement Report.
(4) Retailers whose Florida Lottery contracts are terminated or inactivated prior to payment of the bonus commissions shall be paid the commissions earned provided said termination or inactivation was not due to noncompliance with Chapter 24, F.S., Chapter 53, F.A.C., or contract terms.
(5) Bonus commissions 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 commission(s), if any.
(6) Powerball with Power Play bonus commissions are subject to availability of funds appropriated for retailer incentives. This Program is subject to cancellation by future emergency rule if retailer incentive funding is not appropriated or if the Florida Lottery determines that it is no longer in the state’s best interest to use such funds for this purpose.
Rulemaking Authority 24.105(9)(i), 24.109(1) FS. Law Implemented 24.105(9)(i), 24.112(1) FS. History–New 4-28-10, Replaces 53ER09-16, 53ER09-23 and 53ER09-55, FAC.