Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER09-61: Retailer MAGA MONEY™ Bonus Commission Program.
SUMMARY: The Florida Lottery will award a bonus commission to the retailer(s) that sells a winning jackpot MEGA MONEY ticket for a Tuesday or Friday MEGA MONEY drawing.
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:

53ER09-61 Retailer MEGA MONEY™ Bonus Commission Program.

(1) The Florida Lottery will conduct, as a retailer sales incentive, a Retailer MEGA MONEY Bonus Commission Program (“Program”) in which the Florida Lottery will award a bonus commission to the retailer(s) that sells a winning jackpot MEGA MONEY ticket for a Tuesday or Friday MEGA MONEY drawing.

(2) The bonus commission for selling a winning MEGA MONEY ticket is $1,000. If multiple winning jackpot MEGA MONEY tickets are sold for the same drawing, the retailer(s) selling such tickets will share the bonus commission. Each retailer selling one or more of the winning jackpot tickets will receive a share of the available bonus equal to the number of winning jackpot tickets sold by that particular retailer divided by the total number of winning jackpot tickets sold for that drawing.

(3) Award of a jackpot MEGA MONEY bonus commission is not dependent upon the winning jackpot ticket being claimed by the winner.

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

(5) A bonus commission will be considered compensation to the retailer for Internal Revenue Service purposes. The Florida Lottery reserves the right to apply a bonus commission earned against a retailer’s outstanding debt to the Florida Lottery, and to award the remaining balance of the bonus commission, if any.

(6) MEGA MONEY bonus commissions are subject to availability of funds appropriated for retailer incentives. This Program is subject to cancellation by future emergency rule if retailer incentive funding is not appropriated or if the Florida Lottery determines that it is no longer in the state’s best interest to use such funds for this purpose.

(7) This rule replaces Rules 53ER06-5 and 53ER06-7 and shall become effective November 1, 2009.

Rulemaking Authority 24.105(9)(i), 24.109(1) FS. Law Implemented 24.105(9)(i), 24.112(1) FS. History–New 11-1-09, Replaces 53ER06-5 and 53ER06-7.

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 1, 2009