Retailer Application and Fee Schedule

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER19-20Retailer 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 Florida Lottery as a retailer and modifies provisions of Rule 53ER17-42 identified during a rule review conducted in connection with the Florida Lottery’s conversion to a new gaming system.

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:

 

53ER19-20 Retailer Application and Fee Schedule.

(1) New Applicants.

(a) Any person interested in contracting with the Florida 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 Florida 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 may include fingerprinting when it is determined by the Florida Lottery to be necessary to adequately complete the background investigation.

(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, Publicly Traded Organization Retailer 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 any of the corporate 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 the rule of the Florida Lottery governing retailer applicant background investigations.  A copy of the current rule can be obtained from the Florida Lottery’s website at flalottery.com or from the Florida Lottery’s retailer website at retailerwizard.flalottery.com.

(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 when it is determined by the Florida Lottery to be necessary to adequately complete the background investigation.

(3) Change of Location.

An application to change a location must be submitted to the Florida 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:

Form DOL-129, Retailer Application, revised 4/19,

Form DOL-129-1, Retailer Application in Spanish, revised 4/19,

Form DOL-129C, Chain Account Retailer Application, revised 7/17,

Form DOL-129CA, Chain Account Retailer Additional Location Application, revised 7/17,

Form DOL-374, Publicly Traded Organization Retailer Affidavit, revised 7/17,

Form DOL-307, Application for Contract Renewal, revised 7/17, and

Form DOL-320, Application for Chain Account Contract Renewal, revised 7/17.

Forms DOL-129, DOL-129-1, DOL-129C, and DOL-129CA may be obtained from the Florida Lottery’s website at flalottery.com or from the Florida Lottery’s retailer website at retailerwizard.flalottery.com. Forms DOL-374, DOL-307 and DOL-320 may be obtained by contacting the Florida Lottery’s Retailer Contracting office at [phone] or at [e-mail].

(8) The effective date of this emergency rule is April 15, 2019.

(9) This emergency rule replaces Emergency Rule 53ER17-42, F.A.C.

Rulemaking Authority 24.105(15), 24.109(1), 24.112(1) F.S., Law Implemented 24.105(2), 24.112 F.S. History-New 4-15-19, Replaces 53ER17-42.

 

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: April 15, 2019.