 |
Florida Administrative Code (Last Updated: April 18, 2024) |
 |
53. Department of the Lottery |
|
D53. Departmental |
|
53ER08. Emergency Rule For Year 2008 |
153ER07-16 2Lost, Stolen, or Damaged Instant Lottery Tickets9.
10(1) Reporting Requirement.
13(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.
40(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.
70(2) Inactive Tickets.
73(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.
105(b) The retailer will not be charged a service fee for books missing from a shipment or damaged by the vendor.
126(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 t154he 155book 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).
187(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 230forth in subsection (3) above.
235(5) The retailer shall return to the Lottery tickets recovered by the retailer subsequent to the tickets being reported lost, stolen or damaged.
258(6) Payment for Tickets. Accounting for lost, stolen, or damaged tickets will be reflected on the retailer’s weekly Settlement Report.
278(a) The amount due the Lottery for the active books will be included with the book sales value.
296(b) The amount due the Lottery for the inactive books will be reflected as an adjustment.
312(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.
348(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. In determining whether to waive an assessment, the Lottery will consider factors such as the number of previous occurrences of lost, stolen or damaged tickets by the retailer in question, if any; whether the retailer had taken precautions to prevent the occurrence of lost, stolen, or damaged tickets; and whether the retailer had implemented loss prevention recommendations made by the Lottery prior to the occurrence of los449t, stolen, or damaged tickets. 454As used herein, “force majeure” shall include acts of God, action of the elements, fire, explosion, rationing, war, civil disturbance, or other similar occurrences.
478Specific Authority 48024.109(1), 48124.105(9)(j), 48224.112(1) FS. 484Law Implemented 48624.112, 48724.114 FS. 489History–New 3-16-07, Replaces 53ER05-19, 493F.A.C494.
