53ER05-78. Waiver of Service Charges, Fees and/or Penalties for Retailers - Hurricane Wilma (Replaced by 53ER09-71)

(1) Notwithstanding Florida Lottery Rules 53ER05-9 Retailer Application and Fee Schedule, 53ER05-13 Retailer Responsibilities, 53ER05-16 Retailer Accountability and 53ER05-19 Lost, Stolen or Damaged Instant Lottery Tickets, F.A.C., this emergency rule sets forth provisions for the waiver of certain retailer charges, fees and/or penalties set forth in the above-referenced rules in response to damage and loss sustained by Florida Lottery retailers from Hurricane Wilma.

(2) Weekly Service Charge.

(a) The weekly service charge set forth in Rule 53ER05-13, F.A.C., shall be waived for any accounting week in which a retailer meets the following criteria:

1. The retailer’s business is located in one of the following counties of Florida that have been declared disaster areas as of October 24, 2005: Brevard, Broward, Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Indian River, Lee, Martin, Miami-Dade, Monroe, Okeechobee, Osceola, Palm Beach, Polk, St. Lucie and Sarasota; or

2. The retailer’s business is located in a county that is declared a disaster area on or after October 24, 2005; and

3. The retailer’s sales status is “non-selling” as determined by reviewing the retailer’s Week to Date Sales Report on Sunday of each accounting week.

(b) The service charge waiver set forth in this subsection shall remain in effect until such time as the retailer regains its selling status, or this rule (or certain provisions herein) is replaced with a subsequent rule declaring its obsolescence, whichever occurs first, except as provided in paragraph (2)(c) below.

(c) The Florida Lottery reserves the right to make a case-by-case determination as to whether the retailer’s non-selling status is for reasons not attributable to Hurricane Wilma, in which case the weekly service charge will be assessed in the regular manner.

(3) Electronic Funds Transfer (EFT) Delinquency Penalty.

(a) Except as provided in paragraph (3)(d) below, a penalty for an EFT delinquency as set forth in Rule 53ER05-16, F.A.C., shall be waived provided the retailer meets the criteria set forth in subparagraph (2)(a)1. or 2., or as provided in paragraph (3)(b) below.

(b) The Florida Lottery reserves the right to make a case-by-case determination for retailers requesting a waiver of the EFT delinquency penalty who are not located in the disaster area. (Example: the retailer is able to conduct business activities but is unable to make a bank deposit due to complications associated with the bank’s location in the disaster area.)

(c) Except as provided in paragraph (3)(d) below, the penalty waiver set forth in this subsection shall remain in effect until such time as this rule (or certain provisions herein) is replaced with a subsequent rule declaring its obsolescence.

(d) The Florida Lottery reserves the right to make a case-by-case determination as to whether an EFT delinquency penalty assessed to a retailer shall be waived. (Example: the retailer is located within the disaster area but its EFT delinquency occurrence is for reasons not attributable to Hurricane Wilma.)

(4) Lost, Stolen or Damaged Instant Lottery Ticket Service Fees for Inactive Books.

(a) The service fee for books of instant tickets reported as lost, stolen, or damaged as set forth in Rule 53ER05-19, F.A.C., that were in received status as of October 24, 2005, shall be waived provided the retailer meets the criteria set forth in subparagraph (2)(a)1. or 2., except as provided in paragraph (4)(b) below.

(b) The Florida Lottery reserves the right to make a case-by-case determination as to whether the retailer’s reporting of inactive lost, stolen, or damaged books is for reasons not attributable to Hurricane Wilma, in which case the service fee will be assessed in the regular manner.

(c) The fee waiver set forth in this subsection shall remain in effect until such time this rule (or certain provisions herein) is replaced with a subsequent rule declaring its obsolescence.

(5) Retailer Application Fee – Change of Location.

(a) The $10.00 fee for retailers that apply for a change of location as set forth in Rule 53ER05-9, F.A.C., shall be waived provided the retailer meets the criteria set forth in subparagraph (2)(a)1. or 2., except as provided in paragraph (5)(b) below.

(b) The Florida Lottery reserves the right to make a case-by-case determination as to whether the retailer’s change in location is for reasons not attributable to Hurricane Wilma, in which case the fee will be assessed in the regular manner.

(c) The fee waiver set forth in this subsection shall remain in effect until such time this rule (or certain provisions herein) is replaced with a subsequent rule declaring its obsolescence.

Specific Authority 24.105(9)(j), 24.109(1), 24.112(1) FS. Law Implemented 24.105(9)(j), 24.112(1) FS. History–New 10-27-05.