Retailer Applicant Background Investigation

 

DEPARTMENT OF THE LOTTERY

RULE NO.: RULE TITLE:

53ER17-43: Retailer Applicant Background Investigation

SUMMARY: This emergency rule sets forth the provisions relating to Florida Lottery retailer applicant background investigations. This emergency rule replaces Emergency Rule 53ER12-67.

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:

53ER17-43 Retailer Applicant Background Investigation.

(1) Background investigations shall be conducted on new applicants, renewal applicants and new officers, partners, directors, managing members as well as shareholders of ten percent (10%) or more interest in the business.

(2) Organizations that are publicly traded on a national securities exchange shall be required to submit the forms set forth in the rule governing retailer application and fee schedule.  A copy of the current rule can be obtained from the Florida Lottery’s website at flalottery.com or Florida Lottery, Retailer Contracting Division, 250 Marriott Drive, Tallahassee, Florida 32399-6573.  Investigation of any such organization shall include a review of its business credit report, financial statements, criminal history, and Lottery payment history, if any.

(3) The investigation by the Lottery of the owners, partners, managing members, corporate officers, directors and shareholders of organizations that are not publicly traded on a national securities exchange shall include the following:

(a) A sole proprietor's consumer credit history, criminal history and Lottery payment history, if any;

(b) A partner's consumer credit history, criminal history and Lottery payment history, if any;

(c) For limited partnerships and limited liability companies, the names of the managing members and general partner must be disclosed as well as any limited partner with ten percent (10%) or more interest in the business. These individuals will be investigated in the following areas:

1. Consumer credit history, if business credit information is unavailable or inconclusive;

2. Criminal history;

3. Lottery payment history, if any.

(d) For corporations, the names of all corporate officers and directors must be disclosed as well as shareholders of ten percent (10%) or more interest in the business. These individuals will be investigated in the following areas:

1. Consumer credit history, if business credit information is unavailable or inconclusive;

2. Criminal history;

3. Lottery payment history, if any.

(4) A retailer applicant shall be required to post a bond, certificate of deposit, or other security if it is determined during the background investigation that such requirement is necessary to secure payment of lottery proceeds.

Rulemaking Authority 24.109(1), 24.112(1) FS. Law Implemented 24.112(2) FS. History—New 7-28-17, Replaces 53ER12-67.

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: 7-28-17.