Retailer Application and Fee Schedule.

Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY

RULE NO.: RULE TITLE:
53ER12-66: Retailer Application and Fee Schedule.
SUMMARY: This emergency rule sets forth the provisions regarding the application(s) to be filed and related fees for persons desiring to contract with the Lottery as a retailer. This emergency rule replaces Emergency Rule 53ER12-10, Fla. Admin. Code.
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:

53ER12-66 Retailer Application and Fee Schedule.

(1) New Applicants.

(a) Any person interested in contracting with the Lottery as a retailer shall file Form DOL-129, Retailer Application; or Form DOL-129-1, Retailer Application in Spanish; or Form DOL-129C, Chain Account Retailer Application, as applicable. 

(b) For the initial sales location, each applicant shall submit a fee of $100.00 along with the appropriate retailer application set forth in paragraph (a), above.

(c) An application for an additional location must be submitted to the Lottery on Form DOL-129, DOL-129-1, DOL-129C, or Form DOL-129CA, Chain Account Retailer Additional Location Application, as applicable, and must be accompanied by a fee of $25.00 for each additional location. 

(d) Each applicant shall be subject to a background investigation, which can include fingerprinting.

(e) Organizations which are publicly traded on a national securities exchange must submit the following: 

1. Form DOL-129C, including Section 4 entitled “Information on Publicly Traded Organizations”; and

2. Form DOL-374, Affidavit. Form DOL-374 will be provided to the applicant during the

application process and must be completed by a corporate officer or legal counsel to state whether the corporation, any of its executive officers or its chairperson has been convicted of, or entered a plea of guilty or nolo contendere to a felony committed in the preceding ten years, regardless of adjudication.                             

(f) Organizations which are not publicly traded on a national securities exchange shall be subject to the background investigation provisions set forth in accordance with rules of the Florida Lottery governing retailer applicant background investigations.  A copy of the current rule can be obtained from the Florida Lottery, Retailer Contracting, 250 Marriott Drive, Tallahassee, Florida 32399-6573.

(2) Renewal Application.

Retailer contracts shall be renewed by execution of a new retailer contract. Prior to the expiration of a retailer contract, a retailer shall submit Form DOL-307, Application for Contract Renewal, or Form DOL-320, Application for Chain Account Contract Renewal, and a new retailer contract signed by the retailer, along with a fee of $10.00 per location and $25.00 for each new officer, director, or shareholder of 10% or more of the corporation since the last application. Renewal applicants shall be subject to a background investigation and fingerprinting may be required.

(3) Change of Location.

An application to change a location must be submitted to the Lottery at least thirty days in advance of the change, on Form DOL-129, DOL-129-1, or DOL-129C, as applicable, and must be accompanied by a fee of $10.00.

(4) All application fees shall be non-refundable unless the initial application is denied because the applicant or the location fails the Lottery's marketing evaluation, in which case the application fee for that location shall be refunded to the applicant.

(5) Applications and subsequent contracts, if any, are not assignable or transferable to any person or entity.

(6) Any department, commission, agency, or instrument of the state, or its subdivisions, or

any municipality or county, that seeks a contract as a retailer shall bear the burden of securing approval of any other person, board, commission, agent, or instrumentality of the state, or its subdivisions, or municipality or county, which may have controlling authority over the applicant.

(7) The following forms are incorporated herein by reference and may be obtained by writing to the Department of the Lottery, Retailer Contracting, 250 Marriott Drive, Tallahassee, Florida 32399-6573:

Form DOL-129, Retailer Application, revised 10/12,

Form DOL-129-1, Retailer Application in Spanish, revised 10/12,

Form DOL-129C, Chain Account Retailer Application, revised 10/12,

Form DOL-129CA, Chain Account Retailer Additional Location Application, revised 10/12,

Form DOL-374, Affidavit, revised 06/08,

Form DOL-307, Application for Contract Renewal, revised 10/12, and

Form DOL-320, Application for Chain Account Contract Renewal, revised 10/12.

Forms DOL-129, DOL-129-1, DOL-129C, and DOL-129CA may also be obtained from the Lottery’s website at www.flalottery.com.

(8) This emergency rule replaces Emergency Rule 53ER12-10, Fla. Admin. Code.

Rulemaking Authority 24.105(15), 24.109(1), 24.112(1) FS. Law Implemented 24.112 FS. History-New 10-15-12, Replaces 53ER12-10, Fla. Admin. Code.

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: October 15, 2012.