Notice of Emergency Rule

DEPARTMENT OF THE LOTTERY
RULE NO: RULE TITLE
53ER10-20: Firecracker MILLIONAIRE RAFFLE™ Retailer Incentive Rules
SUMMARY: The Department of the Lottery will conduct a “Firecracker Millionaire Raffle Retailer Incentive” program from May 21, 2010 through July 5, 2010, in which certain retailers will receive bonus commissions during the promotion period.
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:

53ER10-20 Firecracker MILLIONAIRE RAFFLE™ Retailer Incentive Rules.

(1) Firecracker MILLIONAIRE RAFFLE is an on-line number match game. Firecracker MILLIONAIRE RAFFLE tickets will go on sale Friday, May 21, 2010. Sales of Firecracker MILLIONAIRE RAFFLE tickets will cease immediately after the 750,000th ticket is sold or at midnight on July 5, 2010, whichever occurs first.

(2) There will be five winners of $1 million, ten winners of $100,000, twenty-five winners of $10,000 and 2,500 winners of $500 in the Firecracker MILLIONAIRE RAFFLE game. The $100,000 winners 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.

(3) A retailer who sells a winning $1 million Firecracker 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, F.A.C.

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

Rulemaking Authority 24.105(9), 24.109(1), 24.112(1) FS. Law Implemented 24.105(9), 24.112(1) FS. History–New 5-20-10, Replaces 53ER09-22.

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 20, 2010