Florida Administrative Code (Last Updated: March 13, 2024) |
53. Department of the Lottery |
D53. Departmental |
53ER05. Emergency Rule For Year 2005 |
1(1) No Certificate of Authority or retailer contract is assignable or transferable between persons or locations.
17(2) To avoid an interruption or termination of lottery ticket sales, any change in ownership of a retailer’s place of business shall be preceded by the filing and approval of a Retailer Application as provided in accordance with rules of the Florida Lottery governing retailer applications, and the issuance of a new Certificate of Authority. A copy of the current rule governing retailer applications can be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011.
99(3) Any of the following will be considered a change of ownership:
111(a) Sale of the business;
116(b) Change in the form of ownership of the business;
126(c) Change of general partners in a limited or general partnership; or
138(d) Death of a sole proprietor.
144(4) A retailer shall notify the Lottery immediately of the occurrence or pending occurrence of any of the change of ownership conditions listed in the preceding subsection and shall immediately notify the Lottery of a filing for bankruptcy by the retailer or any person listed on the retailer’s application.
193(5) A retailer that is a corporation shall immediately notify the Lottery of any change of managing officers or directors and of transfers of 10 percent or more of its corporate stock. Notification shall be given by filing a retailer application and following the procedures set out in accordance with rules of the Florida Lottery governing retailer applications. If as a result of its investigation the Lottery determines that any new officer, director or shareholder of 10 percent or more of the corporate stock would have caused the initial retailer application to be denied, the retailer will be given an opportunity to sever its relationship with the officer, director or shareholder. If the retailer does not sever the relationship, the Lottery shall terminate the retailer contract. A non-refundable background investigation fee of $25 per person investigated shall accompany the notice of change by the retailer.
338(6) This emergency rule replaces Emergency Rules 53ER00-21 and 53ER04-74, F.A.C.
349Specific Authority 35124.109(1), 35224.112(1) FS. 354Law Implemented 35624.112 FS. 358History–New 1-31-05, Replaces 53ER00-21 and 53ER04-74.