Payment of Prizes

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER20-54Payment of Prizes

SUMMARY: This emergency rule sets forth provisions for the payment of prizes by the Florida Lottery and replaces Emergency Rule 53ER17-54. The rule is replacing the prior emergency rule to incorporate revised forms and the associated revised rule provisions; to modify provisions related to the launch of the new Florida Lottery Mobile Convenience App (“App”); and to modify other provisions identified during the rule review process.

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:

53ER20-54 Payment of Prizes.

(1) GENERAL. To be eligible to receive a prize, all requirements established by the Florida Lottery to validate the prize claim for a winning ticket must be met. Upon determination of such requirements being met, payment shall be made in accordance with the applicable provisions of this rule, the applicable Lottery game rule, and federal and state law.

(2) CLAIMING PRIZES. For purposes of this rule, the provisions for claiming a prize as set forth in paragraph 24.115(1)(f), Florida Statutes, will be deemed satisfied upon the claimant meeting the following requirements:

(a) Draw Game Prizes.

1. For Draw game prizes, the claimant must submit the winning Draw game lottery ticket for validation at a Florida Lottery (or “Lottery”) office or retailer on or before the 180th calendar day after the winning drawing. Winning Draw game lottery tickets submitted to the Lottery by mail for validation must be addressed to the Lottery’s prize payment address in an envelope postmarked on or before the 180th calendar day after the winning drawing.

2. If the claimant is not paid at the time of ticket validation, he or she must submit the validated winning Draw game lottery ticket, along with the documents specified in paragraph (9)(c), for prize payment at a Lottery office on or before the 210th calendar day after the winning drawing. If the claimant chooses to submit the validated winning Draw game lottery ticket for prize payment by mail, the ticket and all required documents must be sent to the Lottery’s prize payment address and received by the Lottery on or before the 210th calendar day after the winning drawing. Failure of a claimant to submit all required documentation, and receipt by the Lottery thereof, on or before the 210th calendar day after the winning drawing shall result in forfeiture of the prize.

(b) Instant-Win Game Prizes.

For purposes of this rule, the term “instant-win game” shall include Scratch-Off games and Fast Play games.

1. For instant-win game prizes, the claimant must submit the winning instant-win ticket for validation at a Lottery office or retailer on or before the 60th calendar day after the official end of the game. Winning instant-win tickets submitted to the Lottery by mail for validation must be addressed to the Lottery’s prize payment address in an envelope postmarked on or before the 60th calendar day after the official end of the game.

2. If the claimant is not paid at the time of ticket validation, he or she must submit the validated instant-win winning ticket, along with the documents specified in paragraph (9)(c), for prize payment at a Lottery office on or before the 90th calendar day after the official end of the game. If the claimant chooses to submit the validated instant-win winning ticket for prize payment by mail, the ticket and all required documents must be sent to the Lottery’s prize payment address and received by the Lottery on or before the 90th calendar day after the official end of the game. Failure of a claimant to submit all required documentation, and receipt by the Lottery thereof, on or before the 90th calendar day after the official end of the game shall result in forfeiture of the prize.

(3) TICKET SUBMISSION AND PAYMENT.

(a) A claimant must submit for validation an original winning ticket or an original winning continuation ticket, if issued, to the Lottery or to a retailer to claim a prize, except as provided below.

(b) No Original Winning Ticket or Original Winning Continuation Ticket- Actions Attributable to Retailer or Gaming System.

If a claimant does not submit an original winning ticket or an original winning continuation ticket but makes a claim for prize payment based upon: (i) presentment of an original player claim instructions ticket produced from validation of an original winning ticket or an original continuation ticket; or (ii) presentment of an original Advance Play winning ticket that has been recorded as “paid” in the Lottery’s gaming system as the result of the issuance of a continuation ticket, an investigation will be conducted. If the investigation concludes that the absence of the original ticket or original continuation ticket, as applicable, is attributable to the actions of a retailer or the gaming system, payment will be made following conclusion of the investigation in accordance with the applicable payment provision herein, provided the original winning ticket or original continuation ticket is not submitted prior to conclusion of the investigation. If the original winning ticket or original continuation ticket is submitted prior to conclusion of the investigation, a subsequent investigation will be conducted to determine to whom payment should be made, if anyone.

(c) No Original Winning Ticket or Original Winning Continuation Ticket- Other Actions Not Attributable to Retailer or Gaming System.

If a claimant does not submit an original winning ticket or an original winning continuation ticket but makes a claim or prize payment based upon: (i) presentment of an original player claim instructions ticket produced from validation of an original winning ticket or an original continuation ticket; or (ii) presentment of an original Advance Play winning ticket that has been recorded as “paid” in the Lottery’s gaming system as the result of the issuance of a continuation ticket, but the continuation ticket is not submitted, an investigation will be conducted. If the investigation concludes that the absence of the original winning ticket or original winning continuation ticket, as applicable, is not attributable to the actions of a retailer or the gaming system but is attributable to other actions (e.g. fault of player) and that the available evidence demonstrates the claimant’s entitlement to the prize, payment will be made as set forth in subparagraph (3)(c). 1 and 2. and in accordance with any other applicable payment provision herein, provided the original winning ticket or original continuation ticket is not submitted prior to the expiration of the time periods set forth below. If the original winning ticket or original continuation ticket is submitted prior to expiration of the time periods set forth below, a subsequent investigation will be conducted to determine to whom payment should be made, if anyone.

1. For winning Draw game tickets, payment will be made following expiration of 210 days after the winning draw date, provided that payment for the original winning ticket or original continuation ticket is not made sooner.

2. For winning instant-win tickets, payment for prizes valued at $600 through $1,000 will be made following expiration of 180 days from the date the claim was filed or following expiration of 90 days after the official end of the game, whichever occurs first, provided that payment for the original winning ticket is not made sooner. Payment for tickets valued at greater than $1,000 will be made following expiration of 90 days after the official end of the game, provided payment for the original winning ticket is not made sooner.

(d) No photographs, copies, facsimiles or other images in any form or in any medium will be accepted under (3)(b) or (c) in lieu of an original player claim instructions ticket or an original Advance Play winning ticket that has been recorded as “paid” in the Lottery’s gaming system as the result of the issuance of a continuation ticket.

(4) TICKET VALIDATION. An original ticket or an original continuation ticket shall be the only proof of game play and the submission of an original winning ticket or original winning continuation ticket to the Florida Lottery shall be the sole method of claiming a prize, except as otherwise provided in paragraphs (3)(b) and (c). A play slip (paper or digital), digital barcode, digital ticket checker data, or other digital data stored on a player’s mobile device shall not constitute evidence of game play, ticket purchase, numbers selected, or evidence of a winning ticket and cannot be used to claim a prize. No photographs, copies, facsimiles or other images in any form or in any medium will be accepted in lieu of an original ticket or an original continuation ticket. All online terminal game tickets must meet the validation requirements set forth in paragraph (4)(a), and where applicable, the additional validation requirements set forth in the current rules governing POWERBALL®, MEGA MILLIONS® and CASH4LIFE®. A copy of the current Florida Lottery’s POWERBALL, MEGA MILLIONS and CASH4LIFE rules can be obtained from the Florida Lottery’s website at flalottery.com. All Scratch-Off game tickets must meet the validation requirements set forth in paragraphs (4)(b),

(a) Online Terminal Game Ticket Validation.

For purposes of this rule, the term “online terminal game” shall include Draw games and Fast Play games.   

1. In order to be a valid winning online terminal game lottery ticket, the ticket must be identifiable as a Florida Lottery ticket and have either a complete, legible Transaction Serial Number (“TSN”) or a readable bar code. To the extent that a ticket is not identifiable as a Florida Lottery ticket or does not have a TSN or bar code, the ticket will be invalid. The Lottery will not attempt to reconstruct any tickets received in multiple pieces.

2. The ticket must not be counterfeit in whole or in part.

3. The TSN of an apparent winning ticket must validate on the Lottery’s gaming system and must not have been previously paid.

4. The ticket must not have been stolen.

5. The ticket must have been issued by an authorized Lottery retailer or dispensed from a Lottery full-service vending machine on official paper stock of the Lottery.

6. The ticket must pass any additional validation tests determined necessary by the Lottery.

7. Any ticket not meeting the criteria set forth in subparagraphs (4)(a)1. through 6. is ineligible for any prize and shall not be paid as a winning ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Lottery shall be the replacement of the defective ticket with an un-played ticket or tickets of equivalent sales price from a current Lottery game, or refund of the retail sales price.

(b) Scratch-Off Game Ticket Validation.

1. In order to be a valid winning Scratch-Off lottery ticket, the ticket must be identifiable as a Florida Lottery ticket and have either a complete, legible validation number (sometimes referred to as “Void If Removed Number” or “VIRN”), or a readable bar code.

2. The ticket must not be counterfeit in whole or in part.

3. The validation elements must not be altered or tampered with in any manner.

4. The ticket must not appear on any list of omitted ticket stock on file at the Lottery.

5. The ticket must not have been stolen.

6. The ticket must have been issued to a retailer by the Lottery in an authorized manner.

7. The validation number of an apparent winning ticket must validate on the Lottery’s gaming system and must not have been previously paid.

8. The validation elements of a ticket must not be misprinted or illegible.

9. The ticket must pass any additional validation tests determined necessary by the Lottery. 

10. Any ticket not meeting the criteria set forth in subparagraphs (4)(b)1. through 9. is ineligible for any prize and shall not be paid as a winning ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Lottery shall be the replacement of the defective ticket with an un-played ticket or tickets of equivalent sales price from a current Lottery game, or refund of the retail sales price.

(5) DETERMINATION OF PRIZEWINNER. The person to whom payment will be made for winning tickets submitted to the Lottery shall be determined as follows:

(a) If only one name appears on the back of the ticket, payment will be made to that person or entity.

(b) For tickets mailed to the Lottery for prize payment with a blank or incomplete player information section, data from the Winner Claim Form, if any, player correspondence, or the mailing envelope, in that order, shall be used to supplement the information.

(c) Scratch-Off tickets. If more than one name appears on the back of a Scratch-Off ticket, payment shall be made to the person whose name appears first on the line designated for the name.

(d) Online terminal game tickets.

1. If one player information section is completely filled out, payment shall be made to the person whose name appears first on the name line in the player information section that is completed.

2. If one player information section is partially filled out and another player information section is completely filled out, payment will be made to the person whose name appears on the name line in the completely filled out player information section.

3. If more than one player information section is completely filled out, payment shall be made to the person whose name appears first on the name line in the player information section nearest the top of the ticket.

4. If no player information section is completely filled out and more than one name appears on the back of the ticket, payment shall be made to the person whose name appears first on the name line in the player information section nearest the top of the ticket in which a name is present.

(e) If the name on the back of a ticket is that of a trust, corporation or other legal entity, payment shall be made to the trust, corporation or other legal entity. For those tickets valued at $600 or more, no payment shall be made to a legal entity until the Lottery has received a copy of the entity's organizational documents which set forth the names of all shareholders, partners, beneficiaries, or other persons ultimately entitled to receive Lottery winnings. The legal entity must also submit evidence, satisfactory to the Lottery, confirming the Social Security numbers of all the shareholders, partners, beneficiaries, or other persons ultimately entitled to receive Lottery winnings.

(f) An individual claimant whose name appears on the back of a ticket when the ticket is presented to the Lottery may claim a prize on that ticket in a different name only if all of the following conditions are met:

    1. The claimant would otherwise be determined a prizewinner under paragraphs (5)(a) through (e);

       2. The claimant desires for payment to be made to a non-individual entity instead of to themself;

   3. The claimant can provide evidence satisfactory to the Lottery that the claimant has the necessary authority to make a claim on behalf of the non-individual entity; and             

4. The claimant adds the name of the non-individual entity, and the claimant's title within that entity, to the back of the ticket.

(g) For tickets valued at less than $600, payment to the person determined in accordance with the applicable provisions in paragraphs (5)(a) through (e) shall be made in the prizewinner’s name as it appears on the back of the winning ticket. For tickets valued at $600 or more, payment shall be made in the prizewinner’s name as it appears on the Winner Claim Form as described in paragraph (9)(c). 

(h) If the back of a ticket valued at $600 or more is altered, defaced, or contains erasures, correction fluid, overwriting, or obliteration in the line designated for a name, an investigation will be conducted to determine to whom payment should be made, if anyone, in accordance with paragraphs (5)(c), (d) and (e). As a part of the investigation, the claimant shall be required to complete form DOL-419, Security Affidavit, Revised 12/19, or form DOL-419S Spanish Security Affidavit, Revised 12/19 and provide an explanation of the circumstances surrounding his or her claim for the ticket. Forms DOL-419 and DOL-419S are incorporated herein by reference and may be obtained at any Lottery office or by writing the Florida Lottery, Division of Security, 250 Marriott Drive, Tallahassee, Florida 32301. If the ticket is valued at less than $600, payment will be made to the person submitting the ticket for payment.

(i) If the Lottery is presented with undisputed information that payment of a prize as provided in paragraphs (5)(a) through (e) would result in payment to a person or entity who has no claim to the ticket, the Lottery will make payment to the person or entity it determines to be the rightful claimant. This paragraph shall not apply if the person submitting the claim for payment is determined to owe an outstanding debt to a state agency, child support collected through a court, or spousal support or alimony as provided in subsection 24.115(4), Florida Statutes.

(j) If the Lottery receives notification of a dispute of ownership of a specific ticket prior to prize payment, an investigation will be conducted to determine to whom payment should be made, if anyone.

(k) Any claimant with a winning ticket valued at $600 or more, and any person whose name appears on an Internal Revenue Service Form 5754 filed by a claimant and whose portion of  a prize is $600 or more, will be analyzed for state-owed debt. All persons ultimately entitled to receive Lottery winnings from a claim valued at $600 or more filed by a legal entity, other than a corporation whose shares are publicly traded, will be analyzed for state-owed debt. If such claimant or other person is identified as owing an outstanding debt to a state agency or owing child support collected through a court or spousal support or alimony as provided in subsection 24.115(4), Florida Statutes, following deduction of federal income tax withholding, the remaining prize amount will be allocated as follows:

1. If the debt is owed by the claimant and an Internal Revenue Service Form 5754 is not filed at the time the claim is submitted, an amount sufficient to cover the amount owed, up to the total remaining prize amount, will be transferred to the state agency owed the debt. Any monies remaining after federal income tax withholding and after the debt is offset will be paid to the claimant.

2. If the debt is of a claimant who submits an Internal Revenue Service Form 5754 at the time of filing the claim, or of a person whose name appears on an Internal Revenue Service Form 5754 or who is entitled to receive Lottery winnings claimed by a legal entity, an amount sufficient to cover the claimant’s or other person’s debt, but not to exceed his or her percentage interest in the prize or entity, will be transferred to the state agency owed the debt. The monies remaining will be paid to the prizewinner and any other persons entitled to receive a portion of the Lottery winnings.

(6) PAYMENT TO ONE PERSON OR ENTITY. Regardless of how many persons or entities claim an ownership interest in a winning ticket; payment will be made to only one person or entity. For winning tickets valued at $600 or more, a winner may submit an Internal Revenue Service Form 5754, Statement by Person(s) Receiving Gambling Winnings, Revised 12/08, if more than one person or a person other than the claimant is entitled to the prize winnings. The completed form must be submitted to the Lottery together with the ticket and Winner Claim Form. The Internal Revenue Service Form 5754 is incorporated by reference and may be obtained at any Lottery office, by writing the Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016, or from the Internal Revenue Service.

(7) WINNING TICKET VALUE DETERMINATION FOR PURPOSES OF PAYMENT AND CLAIMING. The value of a winning ticket is determined by totaling all prizes won on a ticket and, as applicable, in accordance with the applicable provisions set forth in subsections (11) and (12).

(8) WINNING TICKETS VALUED AT LESS THAN $600.

Payment of any winning ticket valued at less than $600 that is submitted to a Lottery retailer, Lottery district office or Lottery Headquarters shall be made to the claimant upon successful ticket validation. Upon request by the Lottery, the claimant shall file a Winner Claim Form in accordance with the provisions set forth in paragraph (9)(c) below.

(a) Payment by Retailers.

1. Winning tickets valued at $50 or less that are submitted to a retailer shall be paid in cash by the retailer unless

it is impossible or impracticable to do so due to a company or store policy which, for safety or security reasons, limits the amount of cash available to the clerk; or an applicable local government ordinance limits the amount of cash available to the clerk. In such case, the retailer will make payment by check or money order.

2. Winning tickets with a value greater than $50 but less than $600 that are submitted to a retailer shall be paid by cash, check, or money order.

3. 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 a money order when it is the sole method of payment made available by the retailer.

(b) Payment by the Lottery.

1. Winning tickets valued at $200 or less that are presented to a Lottery district office will be paid by cash, check or issued lottery tickets.

2. Winning tickets valued at more than $200 that are submitted to a Lottery district office shall be paid by check and/or issued lottery tickets or, paid a maximum of $200 in cash and the balance of the prize paid by check and/or issued lottery tickets at the prizewinner’s option.

3. Winning tickets valued at less than $600 that are submitted to Lottery Headquarters for payment shall be paid by check.

4. A player who submits a winning ticket valued at less than $600 in person to a Lottery district office for payment by check shall be required to present identification as set forth in paragraphs (10)(d) or (e). The identification is required to ensure proper check distribution.

(9) WINNING TICKETS VALUED AT $600 OR MORE.

(a) Payment of winning tickets valued at $600 or more shall be made only by a Lottery office. Payment of winning tickets valued at $600 or more cannot be made by a retailer.

(b) A player may submit a winning ticket valued at $600 or more to any Lottery retailer or Lottery office for ticket validation. If a winning ticket valued at $600 or more is validated at a retailer location, the player shall retain the original ticket and any player claim instructions ticket produced by the retailer terminal to submit with his or her claim to a Lottery office for prize payment processing. If the winning ticket produces a continuation ticket for future drawings, the player shall also retain the continuation ticket in addition to the original ticket and player claim instructions ticket.

(c) After successful validation of a winning ticket, the player shall file a claim by submitting to the Lottery a completed Winner Claim Form DOL 173-2, Revised 2/18, or Spanish Winner Claim Form DOL 173-2S, Revised 3/19 along with the ticket(s) as set forth in subsection (3) and the identification described in paragraphs (10)(d) or (e) below. The Winner Claim Forms are incorporated herein by reference and may be obtained at any Lottery office or retailer, from the Florida Lottery’s website at flalottery.com, or by writing the Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016. Claims may be submitted in person to any Lottery district office or to Lottery Headquarters, or submitted by mail to Florida Lottery, Claims Processing, 250 Marriott Drive, Tallahassee, Florida 32399-9939.

(d) Winning tickets valued at $600 through $250,000 that are submitted to a Lottery district office shall be paid by check and in accordance with the applicable payment provisions herein, except that winning tickets valued in excess of $50,000 may be paid by wire or electronic funds transfer. POWERBALL and MEGA MILLIONS winning tickets valued at up to $1,000,000 may be presented at a Lottery district office or submitted by mail to Florida Lottery, Claims Processing, 250 Marriott Drive, Tallahassee, Florida 32399-9939. All other winning tickets valued at greater than $250,000 must be presented at Lottery Headquarters for payment, except as follows. If the Lottery determines, in its sole discretion, that travel by the prizewinner to Lottery Headquarters would be a hardship to the prizewinner, the prizewinner may present the claim documents to a Lottery District Office for forwarding to Lottery Headquarters for processing. Such determination will be made on a case by case basis.  

(e) Winning tickets valued at $600 or more that are submitted to Lottery Headquarters shall be paid as follows and in accordance with the applicable payment provisions herein:

1. If the ticket value is $600 through $50,000, payment shall be made by check.

2. If the ticket value is greater than $50,000, payment shall be made by check or wire or electronic funds transfer at the prizewinner’s option. In addition to the Winner Claim Form, prizewinners for such prizes shall be required to complete form DOL-416 Method of Prize Payment, Revised 4/18 or DOL-416S Method of Prize Payment (Spanish version), Effective 7/20 at the time the prize is claimed. Forms DOL-416 and DOL-416S are incorporated herein by reference and may be obtained at any Lottery office or by writing the Florida Lottery, Claims Processing, 250 Marriott Drive, Tallahassee, Florida 32399-9939.

(10) PRESENTATION OF IDENTIFICATION.

(a) A claimant who presents a winning ticket valued at $600 or more will be required to present acceptable identification as detailed in paragraphs (10)(d) and (e) below in order to claim the prize. The Lottery shall be permitted to make a photocopy of such identification for its records. The Lottery reserves the right to require proof of authenticity for such photocopies. The name on the identification presented to the Lottery must match the name on the back of the winning ticket. If the name on the back of the ticket and the identification presented do not match, the Lottery may request another form of identification listed below or request additional information to use in making its payment determination. The Lottery reserves the right to require proof of authenticity for such photocopies.

(b) If the claimant is a non-individual legal entity, an authorized representative shall submit proof of the legal entity existence. Authorized representatives shall include, but not be limited to shareholders, officers, board members or members of a closely held corporation; members of a limited liability company “LLC”; trustee of a trust; or partner of any legal form of partnership. Any authorized representative must show proof of his or her authority to act on behalf of the legal entity and present required identification as detailed in paragraphs (10)(d) and (e) below. Additionally, a legal entity claiming a prize must complete Form DOL-492, Payment of Prizes - Legal Entity Disclosure Affidavit, Effective 7/20, or DOL-492S Payment of Prizes - Legal Entity Disclosure Affidavit, (Spanish version) Effective 7/20 to identify each person entitled to benefit from the prize. Form DOL-492 is hereby incorporated by reference and may be obtained at any  Lottery office or by writing the  Florida Lottery, Claims Processing, 250 Marriott Drive, Tallahassee, Florida 32399-9939.

(c) An agent may present a Power of Attorney to claim a prize on behalf of a winner. If a prize is being claimed on behalf of a winner, pursuant to a Power of Attorney, the agent or shall be required to execute an Affidavit, substantially in the form provided in section 709.2119(2)(c), Florida Statutes, in support of claiming a winning ticket. No Power of Attorney is effective after the death of a winner.

(d) For winning tickets valued at $600 or more that do not require a notarized affidavit, one form of identification is required that is current or was issued within the past five years and bears a serial or other identifying number. Acceptable forms of identification include the following:

1. A Florida identification card or driver’s license issued by the public agency authorized to issue driver’s licenses;

2. A passport issued by the Department of State of the United States;

3. A passport issued by a foreign government;

4. A driver’s license or an identification card issued by a public agency authorized to issue driver’s licenses in a state other than Florida, a territory of the United States, or Canada or Mexico;

5. An identification card issued by any branch of the armed forces of the United States; or

6. An identification card issued by the United States Bureau of Citizenship and Immigration Services; or

7. Another form of identification authorized for use by notaries public in section 117.05 (5)(b)2., Florida Statutes.

(e) For winning tickets valued at $600 or more that require a notarized affidavit, the forms of identification listed in paragraph (10)(d) are also acceptable, except that, if a passport issued by a foreign government is presented as identification, it must be stamped by the United States Bureau of Citizenship and Immigration Services.

(f) If a claimant is unable to produce one of the acceptable forms of identification identified in paragraphs (10)(d) and (e), the Lottery will accept as satisfactory evidence of the claimant’s identity a completed Affidavit to Establish Identity form, DOL-483, Revised 8/19 or a completed Spanish Affidavit to Establish Identity form DOL-483S, Effective 7/20. Forms DOL-483 and DOL-483S are incorporated herein by reference and may be obtained at any Lottery office or by writing the Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016.

(g) A photocopy of required identification shall accompany claims valued at $600 or more that are submitted by mail. The Lottery reserves the right to require proof of authenticity for such photocopies.

(11) PAYMENT OF DRAW GAME MULTI-PANEL TICKETS. For purposes of this rule, a Draw game multi-panel ticket is defined as a ticket with more than one panel played for a single draw date.

(a) A winning Draw game multi-panel ticket in which more than one prize is won and the total prize value is less than $600 shall be paid as one amount by Lottery retailers or a Lottery office upon successful ticket validation.

(b) A winning Draw game multi-panel ticket that has more than one prize won, and the total prize value is $600 or more shall be claimed at a Lottery office and paid as one amount upon successful ticket validation. 

(c) Additional payment provisions applicable only to a winning Draw game multi-panel ticket that includes one or more cash prizes and a prize of one or more free Quick Pick tickets are as follows:

1. The value of each free Quick Pick ticket on a multi-panel ticket shall be included in the total prize value of the multi-panel ticket. The value of the free Quick Pick ticket is the selling price for a single play of the same type of Draw game in which the free ticket was won. For Example, a FLORIDA LOTTO® with XTRA free ticket is valued at $2.00 and a FANTASY 5® free ticket is valued at $1.00.

2. A Draw game multi-panel ticket that has more than one prize won and a total prize value, including the value of each free Quick Pick ticket won, of less than $600 shall be paid by Lottery retailers or a Lottery office upon successful ticket validation. The prizewinner shall be paid the total cash amount of the prize or prizes won and given a ticket with one free Quick Pick play for the next available drawing for the same Draw game in which the prize was won, for each free Quick Pick ticket prize.

3. Draw game multi-panel tickets with a total prize value of $600 or more that include one or more cash prizes and a prize of one or more free Quick Pick tickets shall be claimed at a Lottery office. Retailer locations are unable to print free Quick Pick tickets that are part of a claim with a total value of $600 or more.

a. If the claim is submitted to a Lottery office in person and the Draw game multi-panel ticket is successfully validated, the Lottery will pay the prizewinner the total cash amount of the prize or prizes won and give the claimant   one free Quick Pick ticket for the next available drawing for the same Draw game in which the prize was won for each free Quick Pick ticket prize.

b. If the claim is submitted by mail to a Lottery office and the Draw game multi-panel ticket is successfully validated, the Lottery will pay the total cash amount of the prize or prizes won and, if the prizewinner’s address is in Florida, print one free Quick Pick ticket for the next available drawing of the same Draw game in which the prize was won for each free Quick Pick ticket prize. The payment and the free ticket(s) shall be mailed to the prizewinner by the Lottery, except as set forth in paragraph (13)(b).

c. If the prizewinner is identified as owing an outstanding debt as set forth in paragraph (5)(k), in an amount less than the total of the cash amount of the prize or prizes won net of any federal income tax withholding, the free ticket(s) and the amount owed to the prizewinner after federal income tax has been withheld and his or her debt is satisfied shall be awarded. If the prizewinner is identified as owing an outstanding debt in an amount greater than the total cash amount of the prize or prizes won net of any federal income tax withholding, the total cash amount of the prize remaining after federal income tax has been withheld will be applied toward the outstanding debt as provided in subsection 24.115(4), Florida Statutes, and the claimant will receive the free ticket(s).

(12) PAYMENT FOR DRAW GAME FREE TICKET PRIZES

(a) Florida Claimants. A person who submits by mail a lottery ticket that entitles the claimant to a prize of a “ticket” or “free ticket” and whose mailing address is inside the state of Florida will be mailed a prize of a ticket in accordance with the following provision. If the prize is a free Quick Pick ticket, the claimant will receive a free Quick Pick ticket, for the same Draw game in which the prize was won, for the next drawing after the ticket is validated; or if the free ticket is part of a Draw game multi-panel ticket, the claimant will receive prize payment in accordance with the provisions of subsection (11).

(b) Claimants Outside Florida. A person who submits by mail a lottery ticket that entitles the claimant to a prize of a “ticket” or “free ticket” and whose mailing address is outside the state of Florida will receive a check in the amount of the retail sales price of the ticket in lieu of an actual ticket.

(13) PAYMENT FOR ADVANCE PLAY TICKET PRIZES

(a) Florida Claimants. A claimant who claims a prize through a retailer or the Lottery on a winning Advance Play lottery ticket before all the drawings on the ticket have occurred will be paid the prize for the original ticket and issued a continuation ticket for the remaining drawings with the same play numbers as the original ticket. The original ticket will be recorded as “paid” in the gaming system and the continuation ticket automatically issued for the claimant shall be the instrument from which claims on remaining drawings are paid.

1. Payment of Multiple Prizes on Advance Play tickets.

a. A claimant who claims multiple prizes on a winning Advance Play lottery ticket for some or all the drawings that have occurred and the total prize value for all prizes won in all the drawings that have occurred is less than $600 will be paid the prizes as one amount by a Lottery retailer or a Lottery office upon successful ticket validation and, if applicable, issued a continuation ticket in accordance with paragraph (13)(a).

b. A claimant who claims multiple prizes on a winning Advance Play lottery ticket for some or all of the drawings that have occurred and the total prize value for all prizes won in the drawings that have occurred is $600 or more must be paid by a Lottery office. In such case, the prizes won will be paid as one amount upon successful ticket validation. However, applicable federal income tax will be withheld separately, if applicable, based on the individual value of the prize or prizes won in each drawing. Additionally, state-owed debt will be analyzed separately in accordance with the provisions in paragraph (5)(k) for each individual prize that is $600 or more. If applicable, the claimant will be issued a continuation ticket in accordance with paragraph (13)(a).

(b) Claimants Outside of Florida. If a claimant whose mailing address is outside the state of Florida submits by mail an Advance Play lottery ticket that has drawings remaining that have not yet occurred, the Lottery will hold the claimant’s Advance Play lottery ticket until all the drawings have occurred. The Lottery will then validate the Advance Play lottery ticket and mail the claimant one payment for the total amount of any prizes won. If an out-of-state claimant requests prize payment prior to the date of the last Advance Play drawing, the Lottery will validate the ticket, mail the claimant payment for the total amount of any prizes won as of the date of ticket validation, and issue and maintain possession of a continuation ticket for the remaining drawings. In either case, applicable federal income tax will be withheld separately, if applicable, based on the value of the prize or prizes won in each drawing Additionally, if applicable, a claimant may be analyzed for state-owed debt up to two times based on the value of the prize or prizes won in each drawing, 

(14) ANNUAL PAYMENT OR CASH OPTION PAYMENT ELECTION. Certain games offer prizes in which the prizewinner may choose one of two payment options for receiving his or her prize. Payment options are “Cash Option” or “Annual Payment.” For Draw game prizes which offer a payment option, the prizewinner has sixty (60) calendar days after the date the winning ticket is validated to file a claim in order to choose the Cash Option. For instant-win game prizes which offer a payment option, the prizewinner has sixty (60) calendar days after the date the winning ticket is validated to file a claim in order to choose the Cash Option. If a prizewinner does not choose the Cash Option within the applicable sixty (60) day timeframe, the Annual Payment option will be applied. Once the prizewinner files a claim and exercises the prizewinner’s chosen option by execution of a notarized affidavit prepared by the Lottery, the election of that option shall be final. The Annual Payment method of payment will also be final when it is applied due to a prizewinner not making his or her payment election within the sixty (60) day timeframe. 

(15) LIFE-CONTINGENT PRIZE PAYMENTS.             

(a) Individual Claimed Life-Contingent Prize. Following the guaranteed 20-year period, starting with year 21, a Life-Contingent winner shall ensure that the Lottery receives an original notarized affidavit (or from the power of attorney, custodian or guardian, or medical provider for the winner) executed by the winner (or from the power of attorney, custodian or guardian, or medical provider for the winner) stating that he or she is still living and shall include a current address and telephone number for the winner. Except in the case of the winner, neither the maker and/or executor of the affidavit shall have a financial, pecuniary, or other interest in the winnings. The Lottery reserves the right to verify the authenticity and accuracy of the affidavit, including confirming the winner is alive. Such affidavit shall be executed and received by the Lottery within the 14-calendar day period prior to the issuance of payment to the winner. An affidavit showing proof of life shall be required for each and every year thereafter.

(b) Individual Claimed Life-Contingent Prize - Assignment. Should a life-contingent prize winner, who is receiving annual payments, assign any year or years beyond the guaranteed 20-year period, the Assignee shall ensure that the Lottery receives an original notarized affidavit (or from the power of attorney, custodian or guardian, or medical provider for the winner) executed by the winner (or from the power of attorney, custodian or guardian, or medical provider for the winner) stating that he or she is still living and shall include a current address and telephone number for the winner. Neither the maker and/or executor of the affidavit shall have a financial, pecuniary, or other interest in the assigned winnings. The Lottery reserves the right to verify the authenticity and accuracy of the affidavit, including confirming the winner is alive. Such affidavit shall be executed and received by the Lottery within the 14-calendar day period prior to the issuance of payment to Assignee. An affidavit showing proof of life shall be required for each and every year of the time frame for which payments are assigned.

(c) Trust, Corporation or Other Legal Entity Claimed Life-Contingent Prize. The prize payment period for a trust, corporation or other legal entity that has claimed a life-contingent prize is fixed at twenty years. Accordingly, no payment beyond twenty years will be issued to an Assignee of a life-contingent prize claimed by a legal entity.

(16) PAYMENT AFTER DEATH OF PRIZEWINNER. If a prizewinner dies during the scheduled payment of a prize, the Lottery will make payment to the estate of the deceased prizewinner upon its receipt of a certified copy of the winner’s death certificate and a certified copy of the Letters of Administration or equivalent document establishing the personal representative or executor of the winner’s estate. Upon its receipt of a certified copy of a court order directing payment to identified persons or entities, the Lottery will make payment in accordance with the court order. Upon receipt by the Lottery of notification of the death of a prizewinner, including a prizewinner that signed his or her winning ticket but did not claim the prize or prizes prior to his or her death, no payment(s) will be made by the Lottery until it has received a certified copy of the winner’s death certificate and either a certified copy of the Letters of Administration or its equivalent or a court order as described above. Payment(s) withheld because appropriate documents have not been received will be subject to the provisions of Chapter 717, Florida Statutes, the “Florida Disposition of Unclaimed Property Act.”

(17) FEDERAL INCOME TAX WITHHOLDING. Applicable federal income tax shall be withheld from prizes in accordance with the Internal Revenue Code and Code of Federal Regulations, where applicable.

(18) CANCELED AND PREVIOUSLY PAID TICKETS. No payment shall be made upon a ticket submitted for payment that is reflected in the Lottery's records as having been canceled or previously paid, except as provided in (3).

(19) DISCLOSURE OF SOURCE OF TICKET. The Lottery reserves the right to require the claimant of any winning ticket to disclose the source of the ticket.

(20) DISPUTES REGARDING THE AMOUNT OR VALIDITY OF TICKET.

(a) Players shall be instructed by a retailer or the Lottery to file a claim when any dispute arises between a player and a retailer regarding the amount or validity of an apparent winning ticket or when an apparent winning ticket will not validate using the terminal.

(b) In the event a dispute between the Lottery and a ticket bearer occurs as to whether a ticket is a valid winning ticket, or as to the prize amount of a valid winning ticket, the decision of the Lottery shall be final. If the prize is not paid on a disputed ticket and the basis for the dispute is attributable to the Lottery or its ticket vendor, the Lottery will replace the disputed ticket with an un-played ticket from the same game or with a ticket from another game of equivalent sales price. This shall be the sole and exclusive remedy of the bearer of the ticket.

(c) Final Payment Decision. The Lottery's decision and judgments in respect to the determination of a winning ticket or of any other dispute arising from payment or awarding of prizes shall be final and binding upon all participants in the lottery unless otherwise provided by law or these rules. In the event a question arises relative to a winning ticket, or the payment or awarding of any prize, the Lottery is authorized to:

1. deposit the prize winnings into an escrow fund until the dispute is resolved; or

2. petition a court of competent jurisdiction for instructions and a resolution of the controversy.

(21) PRIZE PAYMENT ADDRESS. The Lottery’s prize payment address is Florida Lottery, Claims Processing, 250 Marriott Drive, Tallahassee, Florida 32399-4027.

(22) RISK OF MAILING TICKETS. A person who mails a winning ticket shall bear the risk that the U.S. Postal Service or other carrier may fail to timely postmark or deliver the ticket to the Lottery, or both.

(23) TICKETS IN A PROMOTION - NOT TO BE SUBMITTED BY MAIL. Persons may not submit tickets by mail for a promotion unless pursuant to written instructions from the Lottery. Any tickets submitted by mail for entry into a promotion will not be entered into a drawing for that promotion, nor returned.  

(24) UNCLAIMED DRAW GAME AND INSTANT-WIN PRIZES. If a winning ticket is not submitted for validation within the applicable time period, or if a validated ticket is not submitted to the Lottery for prize payment within the applicable time period, the prize shall constitute an unclaimed prize and shall be distributed as required by law. Unclaimed Draw game and Instant-Win prizes shall not be distributed to other winners within the same prize pool.

(25) PLAYER RESPONSIBILITY. It is a player’s responsibility to verify the accuracy of his or her ticket selections before leaving the retailer, including verifying the number of tickets printed or requested.

(26) OTHER PROVISIONS.

(a) All tickets and Winner Claim Forms presented to the Lottery shall become the property of the Lottery.

(b) Information for claiming a prize can be obtained by writing the Florida Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016, or by calling [phone].

(c) Payment of winning tickets is subject to all other applicable statutes and rules.

(27) The effective date of this rule is July 2, 2020.

(28) This emergency rule replaces Emergency Rule 53ER17-54, F.A.C.

Rulemaking Authority 24.105(9)(e), 24.109(1), 24.115(1) FS. Law Implemented 24.105(3), 24.105(9)(e), 24.115(1),(4), 24.1153 FS. History- New 7-2-20 , Replaces 53ER17-54 F.A.C.

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: July 2, 2020.