Florida Administrative Code › 53 - DEPARTMENT OF THE LOTTERY › 53 - Departmental › Chapter 53ER19 - EMERGENCY RULE FOR YEAR 2019 › Section 53ER19-26 - Payment of Prizes by Retailers

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				retailer shall pay all winning lottery tickets valued at less than $600 that
				are validated through the retailer's terminal. A retailer is prohibited from
				compensating a player for less than the full value of the prize amount of the
				winning lottery ticket.
(2) A
				retailer shall ensure that sufficient funds are available by cash, check, or
				money order before validating any ticket to pay a prize.
(3) A player who submits a ticket valued at
				less than $600 to the Florida Lottery for payment that has been validated by a
				retailer will be instructed to return to the same retailer to receive payment.
				In such case, the Lottery will return the validated ticket to the
				player.
(4) A retailer shall pay
				any winning ticket valued at $50 or less in cash unless it is impossible or
				impracticable to do so due to a company or store policy that for safety or
				security reasons limits the amount of cash available to the clerk, or an
				applicable local government ordinance limits the amount of cash available to
				the clerk. In such case, the retailer shall make payment by check or money
				order.
(5) A retailer shall pay any
				winning ticket greater than $50 but less than $600 by cash, check, or money
				order. No charge or fee shall be imposed by a retailer on a player for paying a
				winning ticket by cash or check. Additionally, no charge or fee shall be
				imposed by a retailer on a player for a money order when it is the sole method
				of payment available to the retailer.
(6) If a retailer validates a ticket valued
				at $600 or more, the retailer shall provide the player with the original
				ticket, the continuation ticket, if one was issued, and the player claim
				instructions ticket produced by the retailer terminal. The retailer shall
				instruct the claimant to submit a claim to the Florida Lottery for tickets
				valued at $600 or more or when any dispute arises regarding the amount or
				validity of an apparent winning ticket or when an apparent winning ticket will
				not validate using the terminal.
(7) A retailer shall be held responsible for
				and will not receive credit for any prize paid for a ticket that was not a
				winner or that was recorded in the gaming system as paid by another
				retailer.
(8) A retailer shall not
				pay any winning ticket valued at $600 or more. A retailer who violates this
				subsection and fails to furnish the Lottery with the complete name, address and
				tax identification number of the player to whom payment was made so that the
				Lottery can file a Form W-2G shall be charged backup withholding pursuant to
				Internal Revenue Service (IRS) regulations, as well as a non-refundable $50
				service charge to offset any penalties and interest imposed by the IRS. If the
				IRS imposes penalties and interest in excess of $50, the retailer's account
				will be adjusted in the amount of any excess. The Lottery is authorized to
				reimburse the retailer only upon receipt of documentation establishing that the
				ticket was paid in full and a determination that no fraud or other violation
				has been committed.
(9) A retailer
				shall offer to return all non-winning lottery tickets to the player.
(10) If a retailer violates any provision of
				this rule, the retailer shall be subject to suspension or termination in
				accordance with rules of the Florida Lottery governing suspension and
				termination of retailer contracts. A copy of the current rule can be obtained
				from the Florida Lottery's website at flalottery.com or from the Florida
				Lottery's retailer website at retailerwizard.flalottery.com.
(11) The effective date of this emergency
				rule is April 15, 2019.
(12) This
				emergency rule replaces Emergency Rule 53ER12-11, F.A.C.
Rulemaking Authority
					 24.105(9)(e),
					 24.109(1),
					  24.112(1),
					 24.115(1) FS.
					 Law Implemented 24.112(1),
					  24.115 FS.
New 4-15-19, Replaces
					 53ER12-11.