Notice of Emergency Rule
RULE NO.: RULE TITLE:
53ER18-26: EZmatch™ Retailer Bonus Sales Commission Promotion
SUMMARY: This rule sets forth the specifics for the EZmatch™ Retailer Bonus Sales Commission Promotion that begins June 4, 2018, and continues through July 29, 2018.
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:
53ER18-26 EZmatch™ Retailer Bonus Sales Commission Promotion.
(1) Beginning June 4, 2018, and continuing through July 29, 2018, (Promotional Period) the Florida Lottery will conduct the EZmatch™ Retailer Bonus Sales Commission Promotion. The Florida Lottery will pay Florida Lottery retailers a ten percent bonus sales commission in addition to the standard five percent sales commission set forth in Rule 53ER13-46 F.A.C., Retailer Compensation, on portions of the following specific plays sold during the Promotional Period:
(a) FLORIDA LOTTO® with EZmatch;
(b) FLORIDA LOTTO with XTRA and EZmatch;
(c) FANTASY 5® with EZmatch; and
(d) LUCKY MONEY™ with EZmatch.
The standard five percent sales commission will apply to the base game play and to the EZmatch play or XTRA with EZmatch play. The ten percent bonus sales commission will apply only to the EZmatch or the XTRA with EZmatch play and not to the base game play. For example, a retailer will earn a $.35 total sales commission for selling a $3.00 FLORIDA LOTTO with XTRA and EZmatch ticket ($.05 on the FLORIDA LOTTO base game play, $.15 on the XTRA play and $.15 on the EZmatch play). A FLORIDA LOTTO with XTRA play is not eligible for a bonus sales commission.
(2) The standard sales commissions will be reflected on the retailer’s weekly Settlement Report.
(3) The bonus sales commissions will be reflected on the retailer’s weekly Settlement Report as an adjustment credit as follows: (1) following the end of the 2017-2018 fiscal year for bonus sales commissions earned June 4 through June 30, 2018, and (2) following the conclusion of the Promotional Period for bonus sales commissions earned July 1 through July 29, 2018.
(4) Retailers whose Florida Lottery contracts are terminated or inactivated prior to payment of the EZmatch bonus sales commissions shall be paid the bonus sales commissions earned provided said termination or inactivation was not due to noncompliance with Chapter 24, Florida Statutes, Chapter 53, Florida Administrative Code, or terms of the retailer contract.
(5) EZmatch bonus sales commissions will be considered compensation to a retailer and will be reported to the Internal Revenue Service by the Florida Lottery. The Florida Lottery reserves the right to apply bonus sales commissions earned against a retailer’s outstanding debt to the Florida Lottery, and to award the remaining balance of the bonus sales commissions, if any.
Rulemaking Authority 24.105(9)(i), 24.109(1) FS. Law Implemented 24.105(9)(i), 24.112(1) FS. History – New 5-31-18.
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: May 31, 2018.