Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
Rule No.: RULE TITLE
53ER10-56: LUCKY LINES™ Retailer Top Prize Bonus Commission Program
SUMMARY: The Florida Lottery will award bonus commissions to retailers that sell winning top prize LUCKY LINES tickets.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Louisa H. Warren, Senior Attorney, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER10-56 LUCKY LINES™ Retailer Top Prize Bonus Commission Program.

(1) The Florida Lottery will conduct, as a retailer sales incentive, a LUCKY LINES™ Retailer Top Prize Bonus Commission Program in which the Florida Lottery will award bonus commissions to retailers that sell winning top prize LUCKY LINES tickets.

(2) The bonus commission amounts are as follows:

(a) For selling a $1.00 winning ticket of a $400,000 top prize, a bonus commission of $1,000;

(b) For selling a $2.00 winning ticket of a $1,000,000 top prize, a bonus commission of $3,000;

(c) For selling a $3.00 winning ticket of a $1,600,000 top prize, a bonus commission of $6,000; and

(d) For selling a $5.00 winning ticket of a $3,000,000 top prize, a bonus commission of $10,000.

(3) Award of a top prize LUCKY LINES bonus commission is not dependent upon the winning top prize ticket being claimed by the winner.

(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) LUCKY LINES 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.

Proposed Effective Date is October 11, 2010.

Rulemaking Authority 24.105(9)(i), 24.109(1) FS. Law Implemented 24.105(9)(i), 24.112(1) FS. History–New 10-11-10.

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: October 11, 2010