53ER22-30. Retailer Compensation (Replaced by 53ER23-30)

(1) Sales Commission. Retailers shall be paid a sales commission of 5.75 percent on the purchase price of each Scratch-Off game (also known as an instant game) and each online terminal game ticket sold by them or issued as a prize or free ticket. The number of Scratch-Off tickets sold or issued as prizes will be determined by full or partial book settlements.

(2) Cashing Commissions. Cashing Commissions are eliminated.

(3) Sales commissions, including bonus commissions, paid to retailers for Scratch-Off ticket sales shall be subject to recoupment by the Florida Lottery if settled tickets are subsequently returned to the Lottery.

(4) The Lottery is authorized to conduct retailer incentive promotions in which additional compensation is provided to retailers as bonus commissions or promotional prizes.

(5) Sales commissions, as well as bonus commissions and promotional prizes awarded in a retailer promotion, will be considered compensation to a retailer and will be reported to the Internal Revenue Service by the Florida Lottery.

(6) No retailer or employee of a retailer shall request or accept compensation for the performance of duties authorized pursuant to the retailer's contract, other than the compensation stated in these rules. This prohibition includes, but is not limited to, the redemption of winning tickets. No charge or fee shall be imposed by a retailer on a player for paying a winning ticket by cash or check. Additionally, no charge or fee shall be imposed by a retailer on a player for payment of a prize by money order when that is the sole method of payment made available by the retailer.

(7) The effective date of this emergency rule is July 1, 2022.

(8) This emergency rule replaces Emergency Rule 53ER19-27, F.A.C.

Rulemaking Authority 24.105(9)(i), 24.109(1) FS. Law Implemented 24.105(9)(i) FS. History–New 7-1-22, Replaces 53ER19-27.

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