Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
Departmental
RULE NO: RULE TITLE
53ER06-59: Holiday MILLIONAIRE RAFFLE™ Retailer Incentive Rules
SUMMARY: The Department of the Lottery will conduct a “Holiday Millionaire Raffle Retailer Incentive” program between November 20, 2006 and December 30, 2006, in which certain retailers will receive bonus commissions during the promotion period.
THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Louisa H. Warren, Senior Attorney, Department of the Lottery, 250 Marriott Drive, Tallahassee, Florida 32399-4011

THE FULL TEXT OF THE EMERGENCY RULE IS:

53ER06-59 Holiday MILLIONAIRE RAFFLE Retailer Incentive Rules.

(1) Holiday MILLIONAIRE RAFFLE is an on-line number match game. Holiday MILLIONAIRE RAFFLE tickets will go on sale Monday, November 20, 2006. Sales of Holiday MILLIONAIRE RAFFLE tickets will cease immediately after the 1,250,000th ticket is sold or at midnight on December 30, 2006, whichever occurs first.

(2) Each Holiday MILLIONAIRE RAFFLE ticket will contain a unique ticket number that will be entered automatically into the Holiday MILLIONAIRE RAFFLE drawing. A random computerized drawing from among all Holiday MILLIONAIRE RAFFLE ticket numbers issued during the sales period will be held on January 1, 2007. A total of 130 prizes will be awarded. Prizes will be awarded in the order drawn. The first through tenth numbers drawn will win $1 million cash. The 11th through 30th numbers drawn will win $100,000 and will be alternates in the order drawn for a $1 million prize in the event a top prize is not claimed within the 180-day claim period. The 31st through 130th numbers drawn will win $10,000.

(3) A retailer who sells a winning $1 million Holiday MILLIONAIRE RAFFLE ticket will receive a bonus commission of $5,000 in addition to the regular five percent sales commission set forth in Rule 53ER05-14, Florida Administrative Code.

(4) Award of a bonus commission is not dependent upon the winning Holiday MILLIONAIRE RAFFLE ticket being claimed by the winner. Retailers who sell winning $100,000 Holiday MILLIONAIRE RAFFLE tickets that subsequently become alternate winners of a $1 million prize will not be awarded the bonus commission. Retailers who sell winning $10,000 Holiday MILLIONAIRE RAFFLE tickets will not be eligible for a bonus commission.

(5) Retailers whose Florida Lottery contracts are terminated or inactivated prior to the bonus commission award shall be paid the bonus commission provided the termination or inactivation was not due to non-compliance with Florida Lottery laws, rules or contract terms.

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

Specific Authority 24.105(9), 24.109(1), 24.112(1) FS. Law Implemented 24.105(9), 24.112(1) FS. History–New 11-16-06.

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: November 16, 2006