Retailer Applicant Background Investigation.

 

DEPARTMENT OF THE LOTTERY

RULE NO.:  RULE TITLE:
53ER12-67: Retailer Applicant Background Investigation.
SUMMARY: This emergency rule sets forth the provisions relating to Florida Lottery retailer applicant background investigations. This emergency rule replaces Emergency Rule 53ER05-10, Fla. Admin. Code.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Diane D. Schmidt, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399 4011

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

53ER12-67 Retailer Applicant Background Investigation.

(1) Organizations that are publicly traded on a national securities exchange shall be required to submit the forms set forth in the rule governing retailer application and fee schedule.  A copy of the current rule can be obtained from the Florida Lottery, Retailer Contracting, 250 Marriott Drive, Tallahassee, Florida 32399-6573.  Investigation of any such organization shall include review of its business credit report, financial statements, criminal history checks, and review of its Lottery payment history, if any.

(2) The investigation by the Lottery of the owners, partners, corporate officers, directors and shareholders of organizations that are not publicly traded on a national securities exchange shall include the following:

(a) A sole proprietor's consumer credit history, criminal history and Lottery payment history, if any;

(b) A partner's consumer credit history, criminal history and Lottery payment history, if any;

(c) For limited partnerships and limited liability companies, the names of the general partner and any limited partner with ten percent (10%) or more interest in the business must be disclosed. These individuals will be investigated in the following areas:

1. Consumer credit history, if business credit information is unavailable or inconclusive;

2. Criminal history;

3. Lottery payment history, if any;

(d) For corporations, the names of all corporate officers (except assistant secretaries), directors, and shareholders of ten percent (10%) or more interest in the business must be disclosed. These individuals will be investigated in the following areas:

1. Consumer credit history, if business credit information is unavailable or inconclusive;

2. Criminal history;

3. Lottery payment history, if any.

(3) A retailer applicant shall be required to post a bond, certificate of deposit, or other security if it is determined during the background investigation that such requirement is necessary to secure payment of lottery proceeds.

(4) Individuals listed in subsection  (2) above who are non-U.S. citizens shall be required to complete a Florida Lottery Personal Inquiry Waiver form DOL-102-D, revised 10/12, and a U. S. Department of Justice Certification of Identity form DOJ-361, expiration 10/13, to conduct international background investigations. Forms DOL-102-D and DOJ-361 are incorporated herein by reference and may be obtained by writing the Florida Lottery, Retailer Contracting, 250 Marriott Drive, Tallahassee, Florida 32399-6573.

(5) This emergency rule replaces Emergency Rule 53ER05-10, Fla. Admin. Code. 

Rulemaking Authority 24.109(1), 24.112(1) FS. Law Implemented 24.112(2) FS. History-New 10-15-12, Replaces 53ER05-10, 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: 10-15-12