Retailer Compensation

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER19-27Retailer Compensation

SUMMARY: This emergency rule sets forth the provisions relating to retailer compensation and modifies provisions of Rule 53ER13-46 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, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011.

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

53ER19-27 Retailer Compensation.

(1) Sales Commission. Retailers shall be paid a sales commission of five percent on the purchase price of each Scratch-Off game (also known as an instant game) and each online terminal game ticket sold by them or issued as a prize in accordance with these rules unless a different compensation structure is contractually agreed upon by the Lottery and a retailer.  The number of Scratch-Off tickets sold or issued as prizes will be determined by full or partial book settlements.

(2) Cashing Commission. Retailers shall be paid a one percent cashing commission on the prize value of each lottery ticket with a prize value less than $600 cashed by them. As used herein, "cashing" shall mean a transaction wherein a retailer validates a ticket and pays a prize either by cash, check, money order, or by issuance of a free ticket(s), and the Lottery processes the paid ticket for credit to the retailer. Free tickets shall be valued at their retail sales price.

(3) Sales commissions, including bonus commissions, paid to retailers for Scratch-Off ticket sales shall be subject to recoupment by the Florida Lottery if settled tickets are subsequently returned to the Lottery.

(4) The Lottery is authorized to conduct retailer incentive promotions in which additional compensation is provided to retailers as bonus commissions or promotional prizes.

(5) Sales and cashing commissions, as well as bonus commissions and promotional prizes awarded in a retailer promotion, will be considered compensation to a retailer and will be reported to the Internal Revenue Service by the Florida Lottery.

(6) No retailer or employee of a retailer shall request or accept compensation for the performance of duties authorized pursuant to the retailer's contract, other than the compensation stated in the retailer's contract and these rules.  This prohibition includes, but is not limited to, the redemption of winning tickets. No charge or fee shall be imposed by a retailer on a player for paying a winning ticket by cash or check. Additionally, no charge or fee shall be imposed by a retailer on a player for payment of a prize by money order when that is the sole method of payment made available by the retailer.

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

(8) This emergency rule replaces Emergency Rule 53ER13-46, F.A.C.

Rulemaking Authority 24.105(9)(i), 24.109(1) FS. Law Implemented 24.105(9)(i), FS. History—New 4-15-19, Replaces 53ER13-46.

 

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.