End of Fiscal Year Retailer Bonus Sales Commission

Notice of Emergency Rule

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER17-40End of Fiscal Year Retailer Bonus Sales Commission

SUMMARY: The rule sets for the provisions for the End of Fiscal Year Retailer Bonus Sales Commission retailer incentive.

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:

 

53ER17-40 End of Fiscal Year Retailer Bonus Sales Commission.

(1) Subject to the funding provisions set forth in subsection (7) below, on June 29, 2017, the Florida Lottery will conduct the End of Fiscal Year Retailer Bonus Sales Commission retailer incentive (“Retailer Incentive”.)  The incentive period will begin at 6:00 a.m. E.T., and conclude at 12:00 midnight E.T., on June 29, 2017 (“Incentive Period”). During the Incentive Period, the Florida Lottery will pay Florida Lottery retailers an additional one percent bonus sales commission in addition to the standard five percent sales commission on the total value of each full and partial book of Scratch-Off Florida Lottery tickets settled.

(2) The standard sales commission will be reflected on the retailer’s weekly Settlement Report.

(3) The bonus sales commission will be reflected on the retailer’s weekly Settlement Report as an adjustment at the conclusion of the Retailer Incentive.

(4) Retailers who settle one or more books of tickets during the Incentive Period and subsequently return such book or books of tickets will be subject to revocation of the bonus sales commission.

(5) Retailers whose Florida Lottery contracts are terminated or inactivated prior to payment of the bonus sales commissions shall be paid the commissions earned provided said termination or inactivation was not due to noncompliance with Chapter 24, Florida Statutes, Chapter 53, Florida Administrative Code, or terms of the retailer contract.

(6) Bonus sales commissions will be considered compensation to the retailer for Internal Revenue Service purposes. The Florida Lottery reserves the right to apply a bonus sales commission earned against a retailer’s outstanding debt to the Florida Lottery.

(7) Bonus sales commissions are subject to the availability of funding for the Retailer Incentive. If funding is not available on June 29, 2017, the Retailer Incentive will not be conducted and bonus sales commissions will not be awarded.

Rulemaking Authority 24.105(9)(i), 24.109(1) FS. Law Implemented 24.105(9)(i), 24.112(1) FS.  History – New 6-27-17.

 

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: 6-27-17.