Sale of Lottery Tickets

 

DEPARTMENT OF THE LOTTERY

RULE NO.: RULE TITLE:

53ER17-56 Sale of Lottery Tickets

SUMMARY: This emergency rule replaces Emergency Rule 53ER05-15 and sets forth the provisions relating to sale of lottery tickets by retailers.

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:

53ER17-56 Sale of Lottery Tickets.

(1) Sale of Lottery Tickets- General Provisions.

(a) Retailers shall sell only lottery tickets of the Florida Lottery (“Lottery”) and no other state or national lottery tickets, except as may be expressly authorized by the Florida Lottery.

(b) Retailers are prohibited from selling lottery tickets to anyone under the age of eighteen.

(c) Retailers shall sell lottery tickets during the retailer’s normal business hours, unless otherwise authorized by the Lottery.

(d) Retailers may not sell tickets at any price other than that established by the Lottery.

(e) No person or entity other than the Florida Lottery, an active contracted Lottery retailer or employee acting on behalf of the retailer may sell lottery tickets.

(f) Delivery of lottery tickets or ticket stock to a retailer shall be made only by an authorized Lottery representative. Without prior Lottery approval, a retailer shall not accept lottery tickets to be sold from another retailer or anyone except an authorized Lottery representative.

(g) All ticket sales shall be final, except as provided in paragraph (2)(e) below. 

(h) A retailer shall sell lottery tickets only at the authorized location stated on its Certificate of Authority.

(2) Online Terminal Games- Entry of Plays, Sale Restriction and Ticket Cancelation.

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

(a) Online terminal game play slips must be hand-marked by the player in blue or black ink or pencil. Retailers shall not accept facsimiles of play slips, copies of play slips, or other materials that are inserted into the terminal's play slip reader that are not printed or approved by the Lottery.  

(b) Retailers shall not permit any device to be connected to a lottery terminal to enter plays for online terminal games, except as specifically approved in writing, in advance, by the Lottery. 

(c) For Draw game purchases, a retailer may process a player’s play slip specific to the desired Draw game or may manually enter the player’s desired selections. Players may process a Lottery approved Draw game play slip through a Lottery full service vending machine, if a full service vending machine is available at the retailer location.    

(d) Draw game lottery tickets shall not be sold after the close of game for the specific drawing for which they were designated. The time of close of game for each Draw game is set forth in the rule for that game. A copy of the current Draw game rules may be obtained from the Florida Lottery, Office of the General Counsel, 250 Marriott Drive, Tallahassee, Florida 32399-4011.

(e) A retailer shall make a good faith effort to cancel a cancelable Draw game lottery ticket upon the request of a player if the request is made within the cancelation period established by the Lottery. A retailer is not required to cancel a Draw game lottery ticket produced upon request of the player by the quick pick method of number selection.

(f) For Fast Play game purchases, a retailer may print a Fast Play game ticket at the time a request is made by the player or process a barcode found on game supporting marketing materials such as tear pads, game brochures, or Lottery emails or coupons.  Additionally, Fast Play play slips may be supplied to the retailer to support a specific Fast Play game as determined by the Lottery. In such case, Fast Play play slips may only be processed through a retailer terminal and not through a full service vending machine.

(g) Fast Play tickets are not cancelable by a retailer.

(3) Scratch-Off Games- Activation Requirement and Sale Restriction.

(a) Each book of Scratch-Off game lottery tickets (also known as instant game lottery tickets) shall be activated prior to any tickets from the book being sold.

(b) Scratch-Off lottery tickets for a particular game shall not be sold after the announced official end-of-game date of the respective Scratch-Off game.

(4) The effective date of this emergency rule is September 1, 2017.

(5) This emergency rule replaces Emergency Rule 53ER05-15, F.A.C.

Rulemaking Authority 24.109(1), 24.112(1), 24.105(9)(h) FS. Law Implemented 24.112(7), 24.105(9)(h) FS.

History—New 9-1-17, Replaces 53ER05-15, 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: 9-1-17.