Retailer POWERBALL® Bonus Commission Program.

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER13-69Retailer 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+0 winning ticket or a POWERBALL with Power Play 5+0 winning ticket. The emergency rule replaces Emergency Rule 53ER12-8.

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:

 

53ER13-69 Retailer POWERBALL® Bonus Commission Program.

(1) The Florida Lottery will conduct, as a retailer sales incentive, a Retailer POWERBALL® Bonus Commission Program (“Program”) in which the Florida Lottery will award bonus commissions to Florida Lottery retailers who sell a winning jackpot POWERBALL ticket for a Wednesday or Saturday POWERBALL drawing.

(2) The bonus commission will start at $20,000 for a $40 million starting jackpot.  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.

(3) If multiple winning jackpot tickets are sold in Florida for the same POWERBALL drawing, the retailers selling such tickets will share the bonus commission.  Each retailer selling a winning jackpot ticket will receive a share of the bonus equal to the number of winning jackpot tickets sold by that particular retailer divided by the total number of winning jackpot tickets sold in Florida for that drawing.

(4) If a winning jackpot ticket is a Powerball with Power Play® ticket, an additional $20,000 bonus commission will be paid to the retailer selling such ticket. If multiple winning jackpot tickets are Powerball with Power Play tickets, each retailer selling such a ticket will be paid the additional bonus commission.

(5) Florida Lottery retailers who sell a POWERBALL ticket that wins $1,000,000 for matching 5+0 numbers will receive a $1,000 bonus commission.

(6) Florida Lottery retailers who sell a Powerball with Power Play ticket that wins $2,000,000 for matching 5+0 numbers will receive a $5,000 bonus commission.

(7) Award of a bonus commission is not dependent upon the Powerball jackpot winning ticket, POWERBALL 5+0 winning ticket or Powerball with Power Play 5+0 winning ticket being claimed by the winner.

(8) 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, F.A.C, or contract terms.

(9) 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.

(10) 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.

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

Rulemaking Authority 24.105(9)(i), 24.109(1) FS. Law Implemented 24.105(9)(i), 24.112(1) FS. History–New 10-17-13, Replaces 53ER12-8, 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 17, 2013