Retailer Compensation.

 

DEPARTMENT OF THE LOTTERY

RULE NO.:RULE TITLE:

53ER13-46Retailer Compensation.

SUMMARY: This emergency rule sets forth the provisions governing retailer compensation.

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:

 

53ER13-46 Retailer Compensation.

(1) Sales Commission. Retailers shall be paid a sales commission of five percent on the purchase price of each instant and on-line ticket sold by them or issued as a prize in accordance with these rules unless a different compensation structure is contractually agreed upon by the Lottery and a retailer. The number of instant tickets sold or issued as prizes will be determined by full or partial book settlements.

(2) Cashing Commission. Retailers shall be paid a one percent cashing commission on the value of each lottery ticket with a prize value less than $600 cashed by them. As used herein, "cashing" shall mean a transaction wherein a retailer validates a ticket and pays a prize either by cash, check, money order, or by issuance of a free ticket(s), and the Lottery processes the paid ticket for credit to the retailer. Free tickets shall be valued at their retail sales price. (3) The Lottery is authorized to conduct retailer incentive promotions in which additional compensation is provided to retailers as bonus commissions.

(4) Sales and cashing commissions earned by a retailer will be reflected on the retailer’s weekly Settlement Report. Bonus commissions earned by a retailer will be reflected on the retailer’s weekly Settlement Report or will be paid by check.

(5) Sales commissions, including bonus commissions, paid to retailers for instant ticket sales shall be reversed by the Florida Lottery if settled tickets are subsequently unsettled and returned to the Lottery.

(6) Sales, cashing and bonus commissions will be considered compensation to the retailer for Internal Revenue Service purposes.

(7) No retailer or employee of a retailer shall request or accept compensation for the performance of duties authorized pursuant to the retailer's contract, other than the compensation stated in the retailer's contract and these rules. This prohibition includes, but is not limited to, the redemption of winning tickets. A retailer shall not charge a fee for payment of a prize by money order when that is the only method of prize payment made available by the retailer.

(8) This emergency rule replaces Emergency Rule 53ER05-14, F.A.C.

Rulemaking Authority 24.105(9)(i), 24.109(1) FS. Law Implemented 24.105(9)(i) FS. History–New 7-5-13, Replaces 53ER05-14.

 

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 5, 2013