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Florida Administrative Code (Last Updated: December 2, 2024) |
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53. Department of the Lottery |
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D53. Departmental |
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53ER18. Emergency Rule For Year 2018 |
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, 27F.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 Michael. This rule shall apply to retailers in counties in Florida that are at any time eligible because of Hurricane Michael for public or individual assistance from the Federal Emergency Management Agency, which as of October 13, 2018, includes the following counties: Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, Jefferson, Madison, Taylor, Hamilton, and Suwannee.
122(2) Weekly Service Charge.
126(a) The weekly service charge set forth in rule 53ER07-18, F.A.C., shall be waived for any accounting week beginning October 15, 2018, provided the retailer’s sales status is “non-selling” as determined by reviewing the retailer’s Week to Date Sales Report on S168unday of each accounting week.
173(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.
223(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 Michael, in which case the weekly service charge will be assessed in the regular manner.
264(3) Electronic Funds Trans268fer (EFT) Delinquency Penalty.
272(a) Except as provided in paragraph (3)(b), below, a penalty for an EFT delinquency as set forth in rule 53ER17-55, F.A.C., shall 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 Michael, 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), below.
347(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 attributable to Hurricane Michael406.)
407(4) Lost, Stolen or Damaged Instant Lottery Ticket Service Fees and Charges419.
420(a) Any 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, F.A.C., that were in received status as of October 10, 2018, shall be waived except as provided in paragraph (4)(b), 468below.
469(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 Michael, in which case the service fee will be a511ssessed in the regular manner.
516(c) 517Active books of lost or damaged tickets will be handled in accordance with subsection (3) of rule 53ER08-43, F.A.C536. Active books of stolen tickets will be handled in accordance with subsection (3) of rule 53ER08-43, F.A.C., except as follows. Upon the request of a retailer, the Lottery will review the timing and circumstances surrounding the reporting of stolen books. If determined by the Florida Lottery that stolen book charges are primarily attributable to Hurricane Michael, any such charges will be waived.
599(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 628declaring its obsolescence.
631(5) Retailer Application Fee – 636Change of Location.
639(a) The $10.00 fee for retailers that apply for a change of location as set forth in rule 53ER17-42, F.A.C., shall be waived except as provided in paragraph (5)(b), 668below.
669(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 Michael, in which case the fee will be assessed in the regular manner.
709(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.
740Rulemaking Authority 74224.105(9)(j), 74324.109(1), 74424.112(1) FS. 746Law Implemented 74824.105(9)(j), 74924.112(1) FS. 751History752–753New 10-15-18.
