Lost, Stolen or Damaged Instant Lottery Tickets

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE

53ER24-11Lost, Stolen or Damaged Instant Lottery Tickets

SUMMARY OF THE RULE: This emergency rule sets forth the Lottery’s provisions for Lost, Stolen or Damaged Instant (a/k/a Scratch) Lottery Tickets.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Minerva Simpson, Attorney, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399‑4011.

 

THE FULL TEXT OF THIS EMERGENCY RULE IS:

 

53ER24-11 Lost, Stolen or Damaged Instant Lottery Tickets.

(1) Reporting Requirement.

(a) Upon the theft, loss or damage of instant lottery tickets the retailer shall immediately report the incident to the Lottery Division of Security at [phone].

(b) For purposes of this rule, tickets that have latex removed or that have been “scratched” are not considered “damaged tickets” and shall not be accepted for retailer account adjustment.

(2) Inactive Tickets. If tickets from a book are lost, stolen or damaged before the book has been activated, the retailer will be charged a service fee equal to fifty percent (50%) of the value of the book, less sales commission, except as follows:

(a) If the retailer provides the Lottery with a copy of a police report reporting the theft of tickets, the retailer shall be charged a non-refundable service fee of five dollars ($5.00) for each book reported stolen.

(b) The retailer will not be charged a service fee for books missing from a shipment provided the retailer reports the books as missing to the Lottery within seven (7) days of receipt of the shipment.

(c) A retailer will not be charged a service fee for books damaged by the vendor provided such damage is reported to the Lottery within seven (7) days of receipt of the shipment containing the damaged books.

(3) Activated Ticket Books – Stolen.

(a) For any activated ticket book stolen, or portion thereof, a retailer shall provide the Lottery’s Division of Security with the last ticket number sold from each stolen book, or report that entire book(s) have been stolen, as appropriate. The Lottery will use this information in conjunction with Lottery records regarding ticket validation history for the stolen book(s) to determine the range of tickets to be placed in “stolen status.” Retailers will be charged for any tickets not placed in “stolen status,” less the retailer’s sales commission(s).

(b) If a retailer settles a book and subsequently reports the whole book, or portion thereof, as stolen; and upon completion of the Lottery’s determination of the ticket range to be placed in “stolen status,” the retailer will be charged for that portion of the book not placed in “stolen status,” less sales commission(s).

(c) The Lottery will monitor stolen book/ticket reporting activity. At the Lottery’s discretion, a retailer’s contract may be terminated for falsely reporting stolen book(s)/ticket(s).

(4) Activated Ticket Books – Lost or Damaged.

(a) If tickets from a book that contains low tier winning tickets are lost or damaged after the book has been activated, the retailer shall be charged the retail value of the book of tickets multiplied by the percentage of low tier winning tickets redeemed at the time the book is reported lost or damaged, less the retailer’s sales commission(s).

(b) If tickets from a book that does not contain low tier winning tickets are lost or damaged after the book has been activated, the retailer shall be charged the retail value of the number of tickets that have been validated for payment at the time the book is reported lost or damaged, less the retailer’s sales commission(s).

(c) If a retailer settles a book that contains low tier winning tickets and subsequently reports unsold tickets as lost or damaged, the retailer will be credited an amount equal to the retail value of the book less the amount calculated as set forth in paragraph (4)(a), above.

(d) If a retailer settles a book that does not contain low tier winning tickets and subsequently reports unsold tickets as lost or damaged, the retailer will be credited an amount equal to the retail value of the book less the amount calculated as set forth in paragraph (4)(b), above.

(5) The retailer shall return to the Lottery tickets recovered by the retailer subsequent to the tickets being reported lost, stolen or damaged.

(6) Payment for Tickets. Accounting for lost, stolen or damaged tickets will be reflected on the retailer’s weekly Settlement Report and will be shown as an adjustment. No adjustment will be made to the retailer’s account upon return to the Lottery of active lost, stolen or damaged tickets recovered by the retailer subsequent to the tickets being reported lost, stolen or damaged.

(7) In the event books of tickets are lost, stolen or damaged for reasons arising out of force majeure, the Florida Lottery reserves the right to waive the assessment of charges under this rule.  In determining whether to waive an assessment, the Lottery will consider factors such as the number of previous occurrences of lost, stolen or damaged tickets by the retailer in question, if any; whether the retailer had taken precautions to prevent the occurrence of lost, stolen, or damaged tickets; and whether the retailer had implemented loss prevention recommendations made by the Lottery prior to the occurrence of lost, stolen, or damaged tickets. As used herein, “force majeure” shall include acts of God, action of the elements, fire, explosion, rationing, war, civil disturbance, or other similar occurrences.

(8) This emergency rule replaces Emergency Rule 53ER22-14.

Rulemaking Authority 24.109(1), 24.105(9)(j), 24.112(1) FS. Law Implemented 24.112, 24.114 FS. History–New 3-1-24, Replaces 53ER22-14.

 

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

EFFECTIVE DATE:  3/1/2024