Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER10-18: FLORIDA LOTTO™ with XTRA® Retailer Bonus Sales Commission
SUMMARY: The Florida Lottery will pay double the sales commissions to retailers that sell FLORIDA LOTTO™ with XTRA® tickets.
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:

53ER10-18 FLORIDA LOTTO™ with XTRA® Retailer Bonus Sales Commission.

(1) Beginning May 20, 2010 through June 9, 2010, the Florida Lottery will conduct, as a retailer sales incentive, a FLORIDA LOTTO™ with XTRA® Retailer Bonus Sales Commission program in which the Florida Lottery will double the sales commissions to retailers.

(2) The Florida Lottery will pay retailers 5% bonus sales commission on each XTRA sale in addition to the regular commission set forth in Rule 53ER05-14, F.A.C., for a total of $.15 for each $2.00 Florida LOTTO with Xtra sale.

(3) The bonus commission will be reflected on the retailer’s weekly Settlement Report.

(4) Retailers whose Florida Lottery contracts are terminated or inactivated prior to payment of the bonus commissions shall be paid the commissions earned provided said termination or inactivation was not due to noncompliance with Chapter 24, F.S., Chapter 53, F.A.C., or contract terms.

(5) 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 commission earned against a retailer’s outstanding debt to the Florida Lottery, and to award the remaining balance of the commission(s), if any.

(6) FLORIDA LOTTO™ with XTRA 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.

Rulemaking Authority 24.105(9)(i), 24.109(1) FS. Law Implemented 24.105(9)(i), 24.112(1) FS. History–New 5-19-10.

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: May 19, 2010