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Florida Administrative Code (Last Updated: April 18, 2024) |
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53. Department of the Lottery |
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D53. Departmental |
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53ER17. Emergency Rule For Year 2017 |
53ER17-63. Waiver of Service Charges, Fees and/or Penalties for Retailers - Hurricane Irma (Replaced by 53ER17-78)
1(1) Notwithstanding Florida Lottery Rules 53ER17-42 7Retailer Application and Fee Schedule, 1253ER07-18 13Retailer Responsibilities, 1553ER17-55 16Retailer Accountability 18and 53ER08-43 20Lost, Stolen or Damaged Instant Lottery Tickets, 27F28.29A30.31C32., 33this 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 Irma. This rule shall apply to retailers in all 67 counties in Florida.
81(2) Weekly Service Charge.
85(a) The weekly service charge set forth in Rule 53ER07-18, F96.97A98.99C100., 101shall be waived for any accounting week beginning September 11, 2017, provided the retailer’s sales status is “non-selling” as determined by reviewing the retailer’s Week to Date Sales Report on S132unday of each accounting week.
137(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), 186below.
187(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 Irma, in which case the weekly service charge will be assessed in the regular manner.
228(3) Electronic Funds Transfer (EFT) Delinquency Penal235ty.
236(a) Except as provided in paragraph (3)(b), 243below, a penalty for an EFT delinquency as set forth in Rule 53ER17-55, F257.258A259.260C261., 262shall be waived until such time as the retailer regains its selling status and is no longer prevented from making bank deposits for reasons attributable to Hurricane Irma, or this rule (or certain provisions herein) is replaced with a subsequent rule declaring its obsolescence, whichever occurs first, except as provided in paragraph (3)(b), 315below.
316(b) 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 and whether it shall be counted towards the number of delinquency returns in a twelve-month period and associated penalties. (Example: the retailer EFT delinquency occurrence is for reasons not at372tributable to Hurricane Irma.)
376(4) Lost, Stolen or Damaged Instant Lottery Ticket Service Fees and Charges388.
389(a390) 391Any service fee for books of Scratch-Off lottery tickets (also known as instant lottery tickets) reported as lost, stolen, or damaged as set forth in Rule 53ER08-43, F419.420A421.422C423., 424that were in received status as of September 8, 2017, shall be waived except as provided in paragraph (4)(b), 443below.
444(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 Irma, in which case the service fee will be a486ssessed in the regular manner.
491(c) Active books of lost, stolen or damaged tickets will be handled in accordance with subsection (3), 508of Rule 53ER08-43, F512.513A514.515C516., 517except as follows. If the timing or circumstances surrounding the reporting of stolen books are determined by the Florida Lottery to be primarily attributable to Hurricane Irma, any assoc546iated charges will be waived.
551(d) The fee 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 580declaring its obsolescence.
583(5) Retailer Application Fee 587– Change of Location.
591(a) The $10.00 fee for retailers that apply for a change of location as set forth in Rule 53ER17-42, F611.612A613.614C615., 616shall be waived except as provided in paragraph (5)(b), 625below.
626(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 Irma, in which case the fee will be assessed in the regular manner.
666(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.
697Rulemaking Authority 69924.105(9)(j), 70024.109(1), 70124.112(1) FS. 703Law Implemented 70524.105(9)(j), 70624.112(1) FS. 708History709–710New 9-14-17.
