Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER07-18: Retailer Responsibilities.
SUMMARY: This emergency rule sets forth the responsibilities for retailers contracted with the Florida Lottery.
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:

53ER07-18 Retailer Responsibilities.

(1) The Lottery shall contract with specified retailers to sell lottery tickets.

(2) All equipment provided to the retailer by the Lottery or its vendors shall remain the property of the Lottery or its vendors, and retailers shall acquire no interest whatsoever in the equipment.

(3) The retailer shall meet the training standards established by the Lottery relating to operation of the terminal and the sale of lottery products.

(4) Retailers shall be responsible for meeting terminal installation requirements as specified by the Lottery, including but not limited to, electrical circuitry; telephone line and equipment; counter, roof and building space; and conduit, if applicable.

(5) Retailers shall provide a minimum amount of space as determined by the Lottery at the location of the terminal for proper ventilation, maintenance, and material loading and removing.

(6) Retailers shall pay a weekly service charge as determined by the Lottery, taking into consideration factors such as salary costs, travel costs, the cost of materials, and associated administrative expenses. A retailer will not be assessed a service charge for promotional or additional terminals.

(7) Retailers shall pay all electrical utility charges in connection with operation of the terminal.

(8) Retailers shall use due diligence and care when operating the terminal and shall immediately notify the Lottery’s designated hotline of any network communication problem or terminal malfunction.

(9) Retailers shall provide access to Lottery equipment to Lottery or vendor personnel presenting proper identification.

(10) Retailers shall be responsible for the physical security of the terminal and other Lottery equipment.

(11) The Lottery will review occurrences of negligent or intentional damage to terminal(s) and other Lottery equipment by retailer or its employees and determine whether to recover the cost of such damages by considering factors such as the remedial steps, if any, taken by the retailer to prevent such occurrences in the future.

(12) Retailers shall not attempt to perform any mechanical or electrical maintenance or repairs on the terminal or other Lottery equipment except as authorized by the Lottery or its vendors.

(13) Retailers shall replenish ticket stock and clear paper jams as required on the terminal and/or terminal printer.

(14) Retailers shall provide a space for the playstation provided by the Lottery at a location approved by the Lottery. In determining whether to approve a location, the Lottery will seek to optimize the promotional value and player convenience to be derived from the playstation, also considering factors such as the retailer’s floor plan and customer traffic flow. Retailers shall maintain an adequate supply of pencils, play slips, claim forms and brochures, for use by players as provided by the Lottery or authorized vendor. Retailer shall display and maintain in prominent locations point of sale materials provided by the Lottery, including, but not limited to, playstations, electronic displays and odds pieces. Material not authorized by the Lottery shall not be displayed at or dispensed from the playstation or other Lottery equipment.

Specific Authority 24.109(1), 24.112(1) FS. Law Implemented 24.112(1) FS. History–New 3-16-07, Replaces 53ER05-13.

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: March 16, 2007