Retailer POWERBALL® Bonus Commission Program

DEPARTMENT OF THE LOTTERY

RULE NO.: RULE TITLE:
53ER12-8: Retailer POWERBALL® Bonus Commission Program

SUMMARY: The Florida Lottery will conduct the Retailer POWERBALL Bonus Commission Program in which bonus commissions will be awarded to the retailer(s) that sells a POWERBALL® or POWERBALL with Power Play® jackpot winning ticket, a POWERBALL 5-of-5 winning ticket or a POWERBALL with Power Play 5-of-5 winning ticket. The emergency rule replaces Emergency Rule 53ER08-86, F.A.C.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Diane D. Schmidt, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER12-8 Retailer POWERBALL® Bonus Commission Program.

(1) The Florida Lottery will conduct, as a retailer sales incentive, a Retailer POWERBALL® Bonus Commission Program (“Program”).

(a) Florida Lottery retailers who sell a winning POWERBALL ticket for a $40 million starting jackpot will receive a bonus commission of $20,000. An additional $20,000 bonus commission will be paid to the retailer if the winning jackpot ticket was a Powerball with Power Play® ticket. In the event that no winning jackpot ticket is sold for a POWERBALL drawing, the bonus commission amount will increase by $5,000 per drawing until a winning jackpot ticket is sold up to a maximum bonus commission of $100,000. In the event that multiple Florida Lottery retailers sell a winning POWERBALL or POWERBALL with Power Play jackpot ticket, the bonus commission will be shared equally.

(b) Florida Lottery retailers who sell a POWERBALL ticket that wins $1 million for matching 5-of-5 numbers will receive a $1,000 bonus commission.

(c) Florida Lottery retailers who sell a Powerball with Power Play ticket that wins $2 million for matching 5-of-5 numbers will receive a $5,000 bonus commission.

(2) Bonus commissions are in addition to the regular five percent sales commission set forth in Emergency Rule 53ER05-14, Florida Administrative Code. Award of a bonus commission is not dependent upon the Powerball jackpot winning ticket, POWERBALL 5-of-5 winning ticket or Powerball with Power Play 5-of-5 winning ticket being claimed by the winner.

(3) Retailers whose Florida Lottery contracts are terminated or inactivated prior to the bonus commission award shall be paid the bonus commission earned provided said termination or inactivation was not due to noncompliance with Chapter 24, Florida Statutes, Chapter 53, Florida Administrative Code, or contract terms.

(4) A bonus commission will be considered compensation to the retailer for Internal Revenue Service purposes. The Florida Lottery reserves the right to apply a bonus commission earned against a retailer’s outstanding debt to the Florida Lottery, and to award the remaining balance of the bonus commission, if any.

(5) Bonus commissions are subject to availability of funds appropriated for retailer incentives. This Program is subject to cancellation by future emergency rule if retailer incentive funding is not appropriated or if the Florida Lottery determines that it is no longer in the state’s best interest to use such funds for this purpose.

(6) This emergency rule replaces Emergency Rule 53ER08-86, Florida Administrative Code.

(7) The effective date of this emergency rule is January 15, 2012.

Rulemaking Authority 24.105(9)(i), 24.109(1) FS. Law Implemented 24.105(9)(i), 24.112(1) FS. History–New 1-15-12, Replaces 53ER08-86.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: January 15, 2012