53ER20-9. Retailer Responsibilities

53ER20-9 Retailer Responsibilities.

(1) The Florida Lottery (“Lottery”) shall contract with specified retailers to sell lottery tickets.

(2) Except as otherwise specified herein, the term “equipment” shall be inclusive of communications equipment (inside and outside), terminal related peripherals, jackpot signs, play stations, vending machine equipment, and any other Lottery property. All equipment provided to the retailer by the Lottery or its vendors shall remain the property of the Lottery or its vendors, and retailers shall acquire no interest whatsoever in the equipment.

(3) Terminal.

(a) Prior to activation of a terminal, a retailer shall complete training relating to operation of the terminal, sale of lottery products, accounting procedures, ticket inventory control, responsible gaming and retailer responsibilities. Once the training is verified and the terminal is activated, the retailer shall operate the terminal and sell lottery products in accordance with the training.

(b) Retailers shall be responsible for meeting the following terminal installation requirements:

1. If landlord approval is necessary for Lottery terminal installation, it is the retailer’s responsibility to obtain such approval from the landlord in advance of the site survey and terminal installation. Landlord approval shall be obtained by the completion of Form DOL-468, Effective 11/18, Landlord Approval for the Installation of Lottery Gaming Communications Equipment. Form DOL-468 is hereby incorporated by reference and may be obtained from the Florida Lottery’s website at flalottery.com.

2. Retailers shall provide:

a. Access for the initial site survey and, if applicable, access for installation of outside communications equipment and running of necessary cables;

b. Electrical circuitry for terminal and peripherals;

c. Counterspace for the terminal and peripherals;

d. Exterior building space for outside communications equipment, if applicable;

e. Conduit, if applicable; and

f. Any other components determined to be necessary for terminal installation in unique situations.

3. All expenses associated with the items required to be provided by retailer shall be the sole responsibility of retailer.

(c) Retailers shall provide a minimum amount of space as determined by the Lottery at the location of the terminal for proper ventilation, maintenance, and material loading and removing.

(d) Retailers shall position the transaction monitor so that as a transaction occurs it is displayed and in full view of the player making the ticket purchase.

(e) Retailers shall safeguard ticket stock, replenish ticket stock, and clear paper jams as required on the terminal and/or terminal printer.

(f) Retailers shall use due diligence and care when operating the terminal and shall immediately notify the Lottery’s designated hotline of any network communication problem or terminal malfunction. If the terminal’s barcode scanner is lost by a retailer, the retailer shall be responsible for the cost of replacement.

(4) Playstation and Lottery Sales Materials. Retailers shall provide a space for a lottery playstation at a prominent location within the store that is approved by the Lottery. In determining whether to approve playstation placement, the Lottery will seek to optimize the promotional value and player convenience to be derived from the playstation, also considering factors such as the retailer’s floor plan and customer traffic flow. All playstations must be Lottery-approved. Retailers shall maintain an adequate supply of pencils, play slips, claim forms, brochures and other Lottery materials for use by players as provided by the Lottery or authorized vendor. Retailers shall display and maintain in prominent locations point of sale materials provided by the Lottery to include electronic displays, odds pieces and other Lottery sales materials.

(5) Vending Machine.

(a) If a retailer’s contract provides for the sale of lottery tickets from a vending machine, the retailer shall complete training relating to operation of the vending machine prior to activation. Once the retailer training is verified and the vending machine is activated, the retailer shall operate the vending machine and sell lottery tickets in accordance with the training.

(b) Retailers shall be responsible for providing a grounded power outlet within 10 feet of the vending machine location and shall provide adequate space for the vending machine. The Lottery shall approve the placement of the vending machine in the retailer’s store taking into consideration key factors, such as the line of sight for monitoring by store personnel, proximity to a power source and foot traffic patterns. Once placement is made, the vending machine cannot be moved without consent of the Lottery. Any approved relocation of a vending machine shall be made by the Lottery’s vendor.

(c) The vending machine shall be in direct line of sight of store personnel. The retailer is required to monitor the vending machine during business hours and must know the procedure to disable the vending machine remotely. If a person under the age of 18 attempts to purchase lottery tickets through the vending machine, store personnel must deactivate the vending machine. At least one person must be on duty at all times the vending machine is operational; however, at least two persons must be on duty at any retailer location which has violated Section 24.1055, Florida Statutes.

(d) The vending machine inventory shall be determined by the Lottery as set forth by the Plan-O-Gram. The retailer shall ensure that an adequate supply of inventory is available and that the vending machine remains fully stocked and is operational during business hours.

(e) The retailer’s responsibilities with respect to maintaining the vending machine are:

1. Stocking of Scratch-Off tickets;

2. Stocking of ticket stock;

3. Removal of currency at least daily;

4. Printing reports;

5. Replacing printer paper and clearing paper jams;

6. Keeping machine and surrounding area clean and free of obstruction;

7. Keeping area around machine well lit; and

8. Ensuring that only Lottery-approved signage and messages are displayed on the machine, including any electronic message display device(s).

(f) Retailer shall call the vending machine vendor’s hotline to report any problems that cannot be resolved by the retailer in accordance with the Vending Machine User Manual. This number should be called as soon as it is determined that service or telephone support is needed.

(g) Retailer shall allow only Lottery personnel or authorized service technicians with proper identification access to the vending machine. Retailer shall not perform mechanical or electrical maintenance on the vending machine unless instructed by the Lottery.

(h) If a key to the vending machine is lost by the retailer, the machine must be fitted with new locks and a new key issued for security reasons, all at the retailer’s expense.

(i) If a remote deactivation device is lost by the retailer, the retailer shall pay the cost of replacement.

(j) If the cash collection box is lost or damaged by the retailer, the retailer shall pay the cost of replacement.

(6) General Provisions.

(a) Retailers shall pay a weekly service charge as determined by the Lottery, taking into consideration factors such as salary costs, travel costs, the cost of materials, and associated administrative expenses. A retailer will not be assessed a service charge for promotional or additional terminals.

(b) Retailers shall pay all electrical utility charges in connection with operation of the equipment.

(c) Retailers shall provide access to Lottery equipment to Lottery or vendor personnel presenting proper identification.

(d) Retailers shall be responsible for the physical security of all equipment and shall be responsible for the cost of replacement of any lost equipment.

(e) Material not authorized by the Lottery shall not be displayed at or dispensed from the playstation or other equipment.

(f) The Lottery will review occurrences of negligent, intentional or unintentional damage to equipment by retailer or its employees and determine whether to recover the cost of such damages by considering factors such as the remedial steps, if any, taken by the retailer to prevent such occurrences in the future.

(g) Retailers shall not attempt to perform any mechanical or electrical maintenance or repairs on equipment except as authorized by the Lottery or its vendors.

(7) The effective date of this emergency rule is January 23, 2020.

(8) This emergency rule replaces Emergency Rule 53ER19-25, F.A.C.

Rulemaking Authority 24.109(1), 24.112(1) FS. Law Implemented 24.112(1) FS. History–New 1-23-20, Replaces 53ER19-25.