53ER05-19. Lost, Stolen, or Damaged Instant Lottery Tickets (Replaced by 53ER07-16)  


Effective on Monday, January 31, 2005
  • 1(1) Reporting Requirement.

    4(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.

    31(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.

    61(2) Inactive Tickets.

    64(a) If tickets are lost, stolen, or damaged before the book of tickets has been activated, the retailer shall be charged a non-refundable service fee of five dollars ($5.00) for each book.

    96(b) The retailer will not be charged a service fee for books missing from a shipment or damaged by the vendor.

    117(3) Active Tickets. If tickets are lost, stolen, or damaged after the book of tickets 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 (prize amounts less than $25.00) redeemed as of the date the book is reported stolen, less the retailer’s sales commission(s).

    177(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.

    225(5) The retailer shall return to the Lottery, when directed by the Lottery, tickets recovered by the retailer subsequent to the tickets being reported lost, stolen or damaged.

    253(6) Payment for Tickets. Accounting for lost, stolen, or damaged tickets will be reflected on the retailer’s weekly Settlement Report.

    273(a) The amount due the Lottery for the active books will be included with the book sales value.

    291(b) The amount due the Lottery for the inactive books will be reflected as an adjustment.

    307(c) 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.

    343(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. As used herein, “force majeure” shall include acts of God, action of the elements, fire, explosion, rationing, war, civil disturbance, or other similar occurrences.

    401(8) This emergency rule replaces Emergency Rules 53ER02-41 and 53ER04-76, F.A.C.

    412Specific Authority 41424.105(9)(j), 41524.109(1), 41624.112(1) FS. 418Law Implemented 42024.112, 42124.114 FS. 423History–New 1-31-05, Replaces 53ER02-41 and 53ER04-76.