Waiver of Electronic Funds Transfer Penalties For Retailers - Tropical Storm Ernesto

DEPARTMENT OF THE LOTTERY
Departmental

RULE NO: RULE TITLE
53ER06-50: Waiver of Electronic Funds Transfer Penalties For Retailers - Tropical Storm Ernesto
SUMMARY: The emergency rule sets forth the provisions for the waiver of certain retailer penalties set forth in Florida Lottery rules in response to damage and loss sustained by Florida Lottery retailers from Tropical Storm Ernesto.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Faith L. Schneider, Legal Analyst, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011.

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER06-50 Waiver of  Electronic Funds Transfer Penalties for Retailers - Tropical Storm Ernesto.

Notwithstanding the provisions in Florida Lottery Rule 53ER05-16, Retailer Accountability, Florida Administrative Code, this emergency rule sets forth the provisions for the waiver of electronic funds transfer (EFT) delinquency penalties in response to an unsuccessful attempt to electronically transfer funds from a retailer’s bank account to the Lottery in payment of the retailer’s weekly settlement activity when the unsuccessful attempt is due to Tropical Storm Ernesto.

(1) The penalty for an EFT delinquency as set forth in Rule 53ER05-16, Florida Administrative Code, shall be waived provided the Lottery determines that a retailer’s unsuccessful EFT resulted from circumstances attributable to Tropical Storm Ernesto.

(2) The Florida Lottery shall make such determinations based on information it is able to obtain from the retailer, the retailer’s bank, and other available sources of relevant information.

 (3) This penalty waiver shall remain in effect until such time as this rule (or certain provisions herein) is replaced with a subsequent rule declaring its obsolescence.

Specific Authority 24.105(9)(j), 24.109(1), 24.112(1) FS. Law Implemented 24.105(9)(j), 24.112(1) FS. History-New             .

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: September 1, 2006