Sale of Lottery Tickets

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER20-53Sale of Lottery Tickets

SUMMARY: This emergency rule sets forth the provisions relating to the sale of lottery tickets. and modifies provisions of Emergency Rule 53ER17-56 identified during a rule review conducted in connection with the Florida Lottery’s launch of the new Florida Lottery Mobile Convenience App (“App”).

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Diane D. Schmidt, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399 ne4011.

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER20-53 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 agent.

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

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

(i) A retailer shall not exchange a book(s), ticket(s), or ticket stock with its other retailer location(s) or with any other retailer.

(2) Online Terminal Games.

For purposes of this subsection (2), the term “online terminal game” shall include Draw games and Fast Play™ games. A “play slip” is defined as an original paper play slip issued and approved by the Florida Lottery for an online terminal game or a digital play slip for a Draw game generated on a mobile device using the Florida Lottery Mobile Convenience App (“App’). Except where necessary herein to differentiate between a paper play slip and a digital play slip, the term “play slip” shall be inclusive of both types of play slips.

(a) Players may make their online terminal game ticket selections by using a play slip or by telling the retailer their desired selections. Additionally, players may make Draw game ticket selections by using a Florida Lottery vending machine (“vending machine”) that provides for Draw game purchases or by requesting to use the Play It Again feature.  

1. Play Slips.

a. Paper Play Slips. Online terminal game paper play slips must be hand-marked by the player in blue or black ink or pencil. Retailers shall not accept facsimiles of paper play slips, copies of paper 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. Digital Play Slips. For Draw game purchases, a digital play slip can be created by a player on his or her mobile device using the App and will contain a barcode to be scanned by the retailer and processed through the retailer terminal for a ticket purchase. Additionally, a digital play slip may be used by the player to purchase tickets through a vending machine that provides for Draw games.

2. Telling the Retailer. When requested by a player, a retailer is authorized to manually enter Draw game numbers or enter play selection features, such as Quick Pick, as specified by the player. Additionally, a retailer may print one or more Fast Play game tickets upon the request of a player.

3. Vending Machine. If a vending machine is available at the retailer location and the vending machine provides for Draw game purchases, the vending machine may be used by a player to purchase Draw game tickets for one or more games and for one or more drawings. Fast Play games are not available for purchase from a vending machine. Neither a retailer nor a player can process the cancelation of a Draw game ticket through a vending machine. At the request of a player, the retailer shall make a good faith effort to cancel cancelable Draw game tickets that are purchased through a vending machine by using the retailer’s lottery terminal.             

4. Play It Again. A player may request to “Play it Again” to replay a previously purchased Florida Lottery Draw game ticket. If requested, a retailer shall process the original ticket provided by the player and print a new ticket which will have the same selected numbers, play amount, number of panels, number of advance play drawings, draw time and play type for PICK games, and any add-on features as the original ticket, except as follows. An original ticket with advance play will be rejected and cannot be replayed if the number of drawings on the ticket exceeds the number of advance play drawings available due to implementation of an advance play countdown for the Draw game for which the original ticket was purchased. Tickets older than sixty (60) days cannot be replayed. Tickets purchased using the Play It Again feature are subject to the same cancellation provisions as the original ticket.

(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) 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.

(d) 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 set forth in the specific Draw game rule.

(e) 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 may scan a game barcode found on supporting Fast Play game materials or on the App on a player’s mobile device. Supporting materials with a barcode include tear pads, game brochures, or Florida Lottery emails. A Fast Play game barcode may also be printed from the Florida Lottery’s website at flalottery.com. Additionally, paper play slips may be available to support a specific Fast Play game as determined by the Lottery in the specific Fast Play game rule. In such case, the play slips may only be processed through a retailer terminal and not through a vending machine Fast Play game lottery tickets cannot be purchased through a vending machine. 

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

(3) Scratch-Off Games.

(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 game shall not be sold after the announced official end-of-game date of the respective Scratch-Off game.

(c) Players may purchase Scratch-Off lottery tickets through a vending machine if a vending machine is available at the retailer location.              

(4) The effective date of this emergency rule is June 26, 2020.

(5) This emergency rule replaces Emergency Rule 53ER17-56, F.A.C.

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

History- New 6-26-20, Replaces 53ER17-56, 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: June 26, 2020.