Certification Of The Department Of The Lottery

RULE 53ER19-20 53ER19-21 53ER19-22 53ER19-23 53ER07-15 53ER22-14 53ER21-2 53ER20-53 53ER19-26 53ER22-30 53ER20-9

FLORIDA LOTTERY RETAILER RULES JULY 2022

TITLE Retailer Application and Fee Schedule Retailer Applicant Background Investigation Granting Retailer Contracts and Certificates of Authority Change in Retailer Condition or Retailer Ownership Suspension and Termination of Retailer Contract Lost, Stolen or Damaged Instant Lottery Tickets Retailer Accountability Sale of Lottery Tickets Payment of Prizes by Retailers Retailer Compensation Retailer Responsibilities

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In the event of a discrepancy between these rules and the rules published in the Florida Administrative Code,
the rules published in the Florida Administrative Code shall govern.

53ER19-20 Retailer Application and Fee Schedule
(1) New Applicants. (a) Any person interested in contracting with the Florida Lottery as a retailer shall file Form DOL-129, Retailer Application; or Form DOL-129-1, Retailer Application in Spanish; or Form DOL-129C, Chain Account Retailer Application, as applicable. (b) For the initial sales location, each applicant shall submit a fee of $100.00 along with the appropriate retailer application set forth in paragraph (a), above. (c) An application for an additional location must be submitted to the Florida Lottery on Form DOL-129, DOL-129-1, DOL-129C, or Form DOL-129CA, Chain Account Retailer Additional Location Application, as applicable, and must be accompanied by a fee of $25.00 for each additional location. (d) Each applicant shall be subject to a background investigation, which may include fingerprinting when it is determined by the Florida Lottery to be necessary to adequately complete the background investigation. (e) Organizations which are publicly traded on a national securities exchange must submit the following 1. Form DOL-129C, including Section 4 entitled “Information on Publicly Traded Organizations” and 2. Form DOL-374, Publicly Traded Organization Retailer Affidavit. Form DOL-374 will be provided to the applicant during the application process and must be completed by a corporate officer or legal counsel to state whether any of the corporate executive officers or its chairperson has been convicted of or entered a plea of guilty or nolo contendere, to a felony committed in the preceding ten years, regardless of adjudication. (f) Organizations which are not publicly traded on a national securities exchange shall be subject to the background investigation provisions set forth in accordance with the rule of the Florida Lottery governing retailer applicant background investigations. 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.
(2) Renewal Application. Retailer contracts shall be renewed by execution of a new retailer contract. Prior to the expiration of a retailer contract, a retailer shall submit Form DOL-307, Application for Contract Renewal, or Form DOL-320, Application for Chain Account Contract Renewal, and a new retailer contract signed by the retailer, along with a fee of $10.00 per location and $25.00 for each new officer, director, or shareholder of 10% or more of the corporation since the last application. Renewal applicants shall be subject to a background investigation and fingerprinting may be required when it is determined by the Florida Lottery to be necessary to adequately complete the background investigation.
(3) Change of Location. An application to change a location must be submitted to the Florida Lottery at least thirty days in advance of the change on Form DOL-129, DOL-129-1, or DOL-129C, as applicable, and must be accompanied by a fee of $10.00.
(4) All application fees shall be non-refundable unless the initial application is denied because the applicant or the location fails the Lottery's marketing evaluation, in which case the application fee for that location shall be refunded to the applicant.
(5) Applications and subsequent contracts, if any, are not assignable or transferable to any person or entity.
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(6) Any department, commission, agency, or instrument of the state, or its subdivisions, or any municipality or county, that seeks a contract as a retailer shall bear the burden of securing approval of any other person, board, commission, agent, or instrumentality of the state, or its subdivisions, or municipality or county, which may have controlling authority over the applicant.
(7) The following forms are incorporated herein by reference: Form DOL-129, Retailer Application, revised 4/19, Form DOL-129-1, Retailer Application in Spanish, revised 4/19, Form DOL-129C, Chain Account Retailer Application, revised 7/17, Form DOL-129CA, Chain Account Retailer Additional Location Application, revised 7/17, Form DOL-374, Publicly Traded Organization Retailer Affidavit, revised 7/17, Form DOL-307, Application for Contract Renewal, revised 7/17, and Form DOL-320, Application for Chain Account Contract Renewal, revised 7/17.
Forms DOL-129, DOL-129-1, DOL-129C, and DOL-129CA may be obtained from the Florida Lottery’s website at flalottery.com or from the Florida Lottery’s retailer website at retailerwizard.flalottery.com. Forms DOL-374, DOL-307 and DOL-320 may be obtained by contacting the Florida Lottery’s Retailer Contracting office at (850) 487-7714 or at [email protected] (8) The effective date of this emergency rule is April 15, 2019. (9) This emergency rule replaces Emergency Rule 53ER17-42, F.A.C. Rulemaking Authority 24.105(15), 24.109(1), 24.112(1) F.S., Law Implemented 24.105(2), 24.112 F.S. History-New 4-15-19, Replaces 53ER17-42.
53ER19-21 Retailer Applicant Background Investigation
(1) Background investigations shall be conducted on new applicants, renewal applicants and new officers, partners, directors, managing members as well as shareholders of ten percent (10%) or more interest in the business.
(2) Organizations that are publicly traded on a national securities exchange shall be required to submit the forms set forth in the rule governing the retailer application and fee schedule. 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. Investigation of any such organization shall include a review of its business credit report, financial statements, criminal history, and Lottery payment history, if any.
(3) The investigation by the Lottery of the owners, partners, managing members, corporate officers, directors and shareholders of organizations that are not publicly traded on a national securities exchange shall include the following:
(a) A sole proprietor's consumer credit history, criminal history and Lottery payment history, if any;
(b) A partner's consumer credit history, criminal history and Lottery payment history, if any; (c) For limited partnerships and limited liability companies, the names of the managing members
and general partner must be disclosed as well as any limited partner with ten percent (10%) or more interest in the business. These individuals will be investigated in the following areas: 1. Consumer credit history, if business credit information is unavailable or inconclusive; 2. Criminal history; 3. Lottery payment history, if any. (d) For corporations, the names of all corporate officers and directors must be disclosed as well as shareholders of ten percent (10%) or more interest in the business. These individuals will be investigated in the following areas: 1. Consumer credit history, if business credit information is unavailable or inconclusive; 2. Criminal history;
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3. Lottery payment history, if any. (4) A retailer applicant shall be required to post a bond, certificate of deposit, or other security if it
is determined during the background investigation that such requirement is necessary to secure payment of lottery proceeds. (5) The effective date of this emergency rule is April 15, 2019. (6) This emergency rule replaces Emergency Rule 53ER17-43, F.A.C. Rulemaking Authority 24.109(1), 24.112(1) FS. Law Implemented 24.112(2) FS. History—New 4-1519, Replaces 53ER17-43.
53ER19-22 Granting Retailer Contracts and Certificates of Authority
(1) Retailer contracts shall authorize the sale of lottery tickets. (2) Retailer contracts shall have a term of four years and shall be renewable upon successful
completion of the renewal process. Renewed retailer contracts shall be executed prior to the expiration of an existing contract. If a renewal contract is not executed prior to expiration of the current contract, the retailer’s ticket sales and terminal activity shall be immediately terminated. (3) Following complete execution of the retailer contract, the Florida Lottery shall issue a Certificate of Authority to each retailer for purposes of display. The Certificate of Authority shall bear the name of the contracted retailer and the address of the contracted premises. The Certificate of Authority shall be posted at all times in a conspicuous location on the premises accessible to the public and is not assignable or transferable. (4) The Florida Lottery is authorized to provide a temporary Certificate of Authority to a contracted retailer for the sale of lottery tickets at a special event. Special events are public activities throughout the State of Florida, such as fairs, festivals, concerts and sporting events, in which the Florida Lottery participates as a sponsor. (5) The effective date of this emergency rule is April 15, 2019. (6) This emergency rule replaces Emergency Rule 53ER13-14, F.A.C. Rulemaking Authority 24.109(1), 24.112(1) FS. Law Implemented 24.112 FS. History–New- 415-19, Replaces 53ER13-14.
53ER19-23 Change in Retailer Condition or Retailer Ownership
(1) Change in Retailer Condition. A retailer or any person listed on the retailer’s application or renewal application shall report to the Lottery any of the below-listed adverse events during the term of the retailer’s contract: (a) Arrest or conviction of, or entry of a plea of guilty or nolo contendere, regardless of adjudication, to an offense punishable as a felony or an offense involving dishonesty or gambling; (b) Incurrence of a tax delinquency with the federal government or any taxing authority within the State of Florida; or (c) Commencement of a voluntary or involuntary bankruptcy case. Notification shall be made in writing within fifteen days of the occurrence of the events listed in paragraphs (1)(a) and (b), above. Notification for commencement of a bankruptcy case shall be made immediately. Notification should first be sent via email to Florida Lottery [email protected] followed by a letter of notification sent to Florida Lottery, Retailer Contracting, 250 Marriott Drive, Tallahassee, Florida 32399-6573.
(2) Change in Retailer Ownership. (a) No Certificate of Authority or retailer contract is assignable or transferable between persons or locations. To avoid an interruption or termination of lottery ticket sales, any change in
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ownership of a retailer's place of business shall be preceded by the filing and approval of a Retailer Application as provided in accordance with rules of the Florida Lottery governing retailer applications, and the issuance of a new Certificate of Authority. A copy of the current rule governing retailer applications can be obtained from the Florida Lottery’s website at flalottery.com or from the Florida Lottery’s retailer website at retailerwizard.flalottery.com. (b) Any of the following will be considered a change of ownership: 1. Sale of the business; 2. Change in the form of ownership of the business; 3. Change of general partners in a limited or general partnership; or 4. Death of a sole proprietor. (c) A retailer shall notify the Lottery immediately of the occurrence or pending occurrence of any of the change of ownership conditions listed in the preceding subparagraphs. (d) A retailer that is a corporation or limited liability company shall immediately notify the Lottery of any change of officers or directors, managing members, and transfers of 10 percent or more of its corporate stock. Notification shall be given by filing a retailer application and following the procedures set out in accordance with rules of the Florida Lottery governing retailer applications. If as a result of its investigation, the Lottery determines that any new officer, director, managing member or shareholder of 10 percent or more of the corporate stock would have caused the initial retailer application to be denied, the retailer will be given an opportunity to sever its relationship with the officer, director, managing member, or shareholder. If the retailer does not sever the relationship, the Lottery shall terminate the retailer contract. A non-refundable background investigation fee of $25 per person investigated shall accompany the notice of change by the retailer. (3) The effective date of this emergency rule is April 15, 2019. (4) This emergency rule replaces Emergency Rule 53ER17-44, F.A.C. Rulemaking Authority 24.109(1), 24.112(1) FS, Law Implemented 24.112 FS. History—New 4-15-19, Replaces 53ER17-44.
53ER07-15 Suspension and Termination of Retailer Contract
(1) A retailer contract can be terminated by the retailer at any time upon written notice to the Lottery. (2) The Lottery will review a retailer’s contract and any later-filed application for a new contract, if
the retailer has failed to comply with the terms of the current or former retailer contract, or under any of the circumstances listed below, and, based upon the findings of its review, will determine whether to suspend or terminate the current contract or reject the later-filed application. (a) Retailer has provided false or misleading information in obtaining or attempting to obtain a
retailer contract and Certificate of Authority. (b) Retailer has been convicted of, or has entered a plea of guilty or nolo contendere, regardless
of adjudication, to an offense punishable as a felony; or has been convicted of, or has entered a plea of guilty or nolo contendere, regardless of adjudication, to any gambling-related offense. (c) Retailer has outstanding tax delinquencies owed to the federal government or any taxing authority within the State of Florida. (d) Retailer has jeopardized the integrity, security or efficient operation of the Lottery. (e) The ownership or location of the business has changed. (f) Retailer has failed to accurately account for lottery tickets, revenues or prizes as required by the Lottery. (g) Retailer has failed to remit or is delinquent in remitting money owed to the Lottery.
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(h) Retailer has committed any fraud, deceit or misrepresentation to the Lottery or to any individual purchasing a lottery ticket or tickets from Retailer.
(i) Retailer has sold a lottery ticket or paid a prize to any person under eighteen (18) years of age. (j) Retailer has sold a lottery ticket at any place other than the place authorized in its Certificate
of Authority. (k) Retailer has not prominently displayed its Certificate of Authority at the approved sales
location. (l) Retailer has not prominently displayed and maintained ticket displays/dispensers and point-
of-sale materials provided by the Lottery. (m)Retailer has not made point-of-sale information for lottery products accessible to the public. (n) Retailer has sold tickets at a price other than established by the Lottery. (o) Retailer has violated any rule or regulation promulgated by the Lottery. (p) Retailer has violated any directive or instruction issued by the Lottery. (q) Retailer has violated any provision of Chapter 24, Florida Statutes. (r) Retailer’s reputation is no longer consistent with the protection of the public interest. (s) Retailer has materially changed any factor considered by the Lottery in selecting the retailer. (t) Retailer has engaged in conduct prejudicial to public confidence in the Lottery. (u) Retailer has exchanged a book(s), ticket(s), or ticket stock with another retailer or location. (v) Retailer has purchased a book(s) or ticket(s) from another lottery retailer for resale. (w) Retailer has charged a fee to redeem a lottery ticket or has required a customer to purchase
another item in order to purchase a lottery ticket. (x) Retailer has paid a prize of $600 or more. (y) Retailer has violated the Lottery’s ethics rules or policies. (3) The Lottery will review the retailer contract of the retailer with the lowest average weekly ticket sales of all Lottery retailers statewide who have been active for at least 26 weeks upon receipt of a retailer application from a business whose sales are projected to exceed the weekly sales average of the retailer that is under review and will terminate such retailer contract, subject to considerations of public convenience (whether the retailer is in a remote location or whether there are other retailers available within a reasonable distance); whether there are extenuating circumstances that have adversely impacted sales volume (for example, the retailer's business is seasonal; road construction has caused a temporary decrease in normal sales volume; or other factors that are temporary in nature); the impact, if any, on the status of a corporate or chain (multi-location) retailer if a terminal is removed from one of the retailer’s locations; and the impact, if any, on the overall level of participation of minority businesses as Lottery retailers. (4) If a retailer possesses multiple locations, restriction, suspension or termination of one (1) location is grounds for restriction, suspension or termination of the others. (5) The Lottery will review a retailer contract for immediate suspension without prior notice if the Lottery determines that immediate suspension is necessary to ensure the integrity, security, honesty, or fairness of the operation of the Lottery. Reasons that would result in such a determination include, for example, circumstances in which the retailer intentionally fails to tender a ticket or coupon to the player. (6) The Lottery will review a retailer contract for temporary suspension if the Lottery determines that the retailer, or any of its officers, directors, or employees has been arrested for any violation of law occurring on the retail premises, such as dealing in stolen property, unlawful sale of controlled substances, or maintaining a nuisance. (7) A retailer whose contract has been terminated for the reasons set forth in paragraph (2)(b) above is prohibited from reapplying for a retailer contract for a period of one (1) year from the date of conviction or entry of plea and any application received during this time period will be rejected.
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In reviewing any subsequent application from such a retailer, the Lottery will consider the following factors: (a) Whether the retailer has been pardoned or had his civil rights restored; and (b) Whether, subsequent to such conviction or plea, the retailer has engaged in the kind of law-
abiding commerce and good citizenship that would reflect well upon the integrity of the Lottery. Examples of such conduct would include sustained active involvement in community service organizations or activities; and sustained active involvement in professional or trade associations. To be considered by the Lottery, such law-abiding commerce and good citizenship must be of sufficient duration and degree as to offset any negative effects on the retailer’s reputation and, by association, the Lottery’s reputation. Under this paragraph, the burden shall be on the retailer to prove to the satisfaction of the Lottery that the retailer has engaged in the kind of law-abiding commerce and good citizenship that would reflect well upon the integrity of the Lottery; and (c) Whether, if the retailer is a firm, association, partnership, trust, corporation or other entity, the retailer has terminated its relationship with the person whose actions directly contributed to the conviction or plea. (8) A retailer's sole remedy following termination or suspension of its retailer contract is by such civil action as may be appropriate. Rulemaking Authority 24.109(1) 24.112(1) FS. Law Implemented 24.112(5) FS. History--New 3-1607 Replaces 53ER06-24.
53ER22-14 Lost, Stolen or Damaged Instant Lottery Tickets.
(1) Reporting Requirement. (a) Upon the theft, loss or damage of instant lottery tickets the retailer shall immediately report the incident to the Lottery Division of Security at (850) 487-7752. (b) For purposes of this rule, tickets that have latex removed or that have been “scratched” are not considered “damaged tickets” and shall not be accepted for retailer account adjustment.
(2) Inactive Tickets. If tickets from a book are lost, stolen or damaged before the book has been activated, the retailer will be charged a service fee equal to fifty percent (50%) of the value of the book, less sales commission, except as follows: (a) If the retailer provides the Lottery with a copy of a police report reporting the theft of tickets, the retailer shall be charged a non-refundable service fee of five dollars ($5.00) for each book reported stolen. (b) The retailer will not be charged a service fee for books missing from a shipment provided the retailer reports the books as missing to the Lottery within seven (7) days of receipt of the shipment. (c) A retailer will not be charged a service fee for books damaged by the vendor provided such damage is reported to the Lottery within seven (7) days of receipt of the shipment containing the damaged books.
(3) Active Tickets. (a) If tickets from a book that contains low tier winning tickets are lost, stolen or damaged after the book has been activated, the retailer shall be charged the retail value of the book of tickets multiplied by the percentage of low tier winning tickets redeemed at the time the book is reported lost, stolen or damaged, less the retailer’s sales commission(s). (b) If tickets from a book that does not contain low tier winning tickets are lost, stolen or damaged after the book has been activated, the retailer shall be charged the retail value of the number of tickets that have been validated for payment at the time the book is reported lost, stolen or damaged, less the retailer’s sales commission(s).
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(4) Settled Tickets. (a) If a retailer settles a book that contains low tier winning tickets and subsequently reports unsold tickets as lost, stolen or damaged, the retailer will be credited an amount equal to the retail value of the book less the amount calculated as set forth in subsection (3)(a), above. (b) If a retailer settles a book that does not contain low tier winning tickets and subsequently reports unsold tickets as lost, stolen or damaged, the retailer will be credited an amount equal to the retail value of the book less the amount calculated as set forth in subsection (3)(b), above.
(5) The retailer shall return to the Lottery tickets recovered by the retailer subsequent to the tickets being reported lost, stolen or damaged.
(6) Payment for Tickets. Accounting for lost, stolen or damaged tickets will be reflected on the retailer’s weekly Settlement Report, as follows: (a) The amount due the Lottery for the active books and the amount due to the retailer for settled books that contain low tier winning tickets will be included with the book sales value. (b) The amount due the Lottery for the inactive books and books that do not contain low tier winning tickets will be reflected as an adjustment. No adjustment will be made to the retailer’s account upon return to the Lottery of active lost, stolen or damaged tickets recovered by the retailer subsequent to the tickets being reported lost, stolen or damaged.
(7) In the event books of tickets are lost, stolen or damaged for reasons arising out of force majeure, the Florida Lottery reserves the right to waive the assessment of charges under this rule. In determining whether to waive an assessment, the Lottery will consider factors such as the number of previous occurrences of lost, stolen or damaged tickets by the retailer in question, if any; whether the retailer had taken precautions to prevent the occurrence of lost, stolen, or damaged tickets; and whether the retailer had implemented loss prevention recommendations made by the Lottery prior to the occurrence of lost, stolen, or damaged tickets. As used herein, “force majeure” shall include acts of God, action of the elements, fire, explosion, rationing, war, civil disturbance, or other similar occurrences.
(8) This emergency rule replaces Emergency Rule 53ER08-43, F.A.C., effective July 1, 2008. Rulemaking Authority 24.109(1), 24.105(9)(j), 24.112(1) FS. Law Implemented 24.112, 24.114 FS. History–New 3-11-22, Replaces 53ER08-43.
53ER21-2 Retailer Accountability
(1) Ticket Accountability. Each retailer shall be accountable for all online terminal game lottery tickets generated, all Scratch-Off game lottery tickets (also known as instant game lottery tickets) accepted, and all funds collected by the retailer for the sale of lottery tickets. The term “online terminal game” shall include Draw games and Fast Play games. (a) Online Terminal Game Lottery Ticket Accountability. Each retailer is liable to the Florida Lottery (“Lottery”) for all online terminal game lottery tickets generated by any employee or representative of that retailer, less canceled online terminal game lottery tickets and online terminal game lottery tickets returned for adjustment credit. The adjustment credit criteria and procedures are set forth below. 1. A retailer may receive a sales adjustment credit under the following circumstances: a. The online terminal game lottery ticket did not print and the transaction is marked with an asterisk (*) on the Transaction History Report; provided the retailer mails the online terminal game Transaction History Report to the Lottery within thirty (30) days of the transaction date, or b. The online terminal game lottery ticket misprints or is miscut and the dollar amount is visible and provided the retailer mails the online terminal game lottery ticket along with
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a Request for Adjustment Form DOL-493, revised 12/20, to the Lottery within thirty (30) days of the transaction date. Form DOL-493 is incorporated by reference and may be obtained from the Florida Lottery’s website at flalottery.com or from the Florida Lottery’s retailer website at retailerwizard.flalottery.com. 2. A retailer may also receive adjustment credit under the following circumstances provided the retailer reports the issue to the Lottery within two (2) hours of the sale; before the game closes for the next available draw; or before the end of the gaming day, whichever occurs first (collectively the “reporting window”). a. The online terminal game lottery ticket did not print and the transaction is not marked with an asterisk (*) on the Transaction History Report, b. The online terminal game lottery ticket misprints or is miscut and the dollar amount is not visible, or c. The online terminal game lottery ticket cannot be canceled by the terminal but nothing appears to be wrong with the ticket and the ticket barcode will not scan. For the circumstances set forth in sub-subparagraphs (1)(a)2.b. and c., above, the retailer must mail the online terminal game lottery ticket to the Lottery within thirty (30) days of the transaction date. 3. The Lottery will approve adjustment credit requests submitted outside the reporting window for online terminal game lottery ticket transactions that occur during a documented system failure that impacts network communications and that is outside the retailer’s control. 4. The mailing address for submission of sales adjustment documentation is: Florida Lottery, Games Administration, 250 Marriott Drive, Tallahassee, 32399-9939. Online terminal game lottery tickets submitted to the Florida Lottery for adjustment credit shall become the property of the Florida Lottery and shall not be returned to the retailer. (b) Scratch-Off Game Lottery Ticket Accountability. Retailers shall accept books of Scratch-Off game lottery tickets for sale on a consignment basis in accordance with the Lottery’s inventory management system. 1. A retailer may receive a sales adjustment credit under the following circumstances: a. A ticket is miscut while dispensing from a vending machine and the ticket is not saleable. The play area on the front of the ticket must not be scratched off for credit to be considered. The retailer submitting the ticket for adjustment must be the owner of the book. b. A ticket has a quality control issue such as non-scratchable latex. 2. Scratch-Off game lottery tickets submitted to the Florida Lottery for adjustment credit shall become the property of the Florida Lottery and shall not be returned to the retailer. 3. Books of Scratch-Off game lottery tickets accepted by a retailer shall be settled for payment by one of the following three methods: a. Settlement by the retailer, b. Automatic settlement to occur as established by the Lottery within a maximum of ninety (90) days after a book has been activated for sale or after ninety percent (90%) of low-tier prizes have been redeemed, whichever occurs first, except as set forth in subparagraph (2)(g)3., below, or c. Settlement of books by a Lottery representative during inventory management because books are no longer in the retailer’s onsite inventory. 4. A complete inspection of all Scratch-Off game lottery ticket inventory will be conducted by a Lottery representative at least once per quarter. During such inventory, books in a “received” status on the inventory management system that are not physically present at the retail location will be reported as missing and the retailer will be charged fifty percent (50%) of the sales value of the book, less sales commission. Books in an “active” status on the inventory management system that are not physically present at the location will be settled.
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(2) Financial Accountability. (a) Each retailer shall maintain an open commercial bank account for all amounts collected from ticket sales until such amounts have been collected by the Lottery. All amounts received by each retailer from the operation of the Lottery, less the amount retained as compensation for the sale and cashing of tickets and the amount paid out as prizes, shall be held in a bank account prior to collection by the Lottery on the designated day of collection. (b) The amount owed by a retailer to the Lottery will be electronically transferred from the retailer’s bank account to the Lottery on a designated day each week. If the transfer is unsuccessful due to insufficient funds, a second attempt will automatically be made. (c) A retailer is authorized to use its commercial bank account or a separate commercial bank account for lottery purposes. (d) A retailer shall notify the Lottery of a change in its bank account at least six (6) days in advance of such change becoming effective. (e) A retailer shall maintain its bank account for a minimum of thirty (30) days after the termination date of its retailer contract. (f) Each retailer shall complete form DOL-103, Electronic Fund Transfer Authorization Form, revised 07/13 and return the form to the Lottery at the time of application or in advance of a bank account change. Form DOL-103 is incorporated herein by reference and may be obtained from the Florida Lottery’s website at flalottery.com or the Florida Lottery’s retailer website at retailerwizard.flalottery.com. The form authorizes the Lottery to debit or credit the retailer’s bank account through electronic funds transfers. (g) The following procedures apply to Electronic Funds Transfer (EFT) delinquencies: 1. For purposes of this rule, an Electronic Funds Transfer delinquency is defined as an unsuccessful attempt to electronically transfer funds from a retailer’s bank account to the Lottery in payment of the retailer’s weekly settlement activity. If both the first and second weekly attempts to transfer funds fail, the failures together shall count as only one delinquency. 2. For all delinquencies, the retailer’s ability to sell online terminal game lottery tickets and order Scratch-Off game lottery tickets shall be suspended. 3. For a first or second delinquency in a twelve-month period, the retailer shall be required to pay the delinquency in full plus applicable service charges prior to reactivation of its ability to sell online terminal game lottery tickets and order Scratch-Off game lottery tickets. Upon the occurrence of a second delinquency, the automatic book settlement period established in sub-subparagraph (1)(b)3.b., above, will be shortened to a timeframe established by the Lottery for a minimum of six (6) months. The retailer’s collection activity will be reviewed during the first January or July occurring after the expiration of six (6) months from the date of delinquency. If the retailer has incurred no additional delinquencies during that time, the automatic book settlement period will revert to the established pre-delinquency automatic book settlement period. If the retailer incurs additional delinquencies while in the shortened book settlement period and the retailer’s contract is not terminated, the shortened book settlement period will remain in effect, and the retailer’s account will be reviewed at the next scheduled review period. 4. For a third delinquency in a twelve-month period, the retailer shall be required to pay the delinquency in full plus applicable service charges and post a certificate of deposit or performance bond with the Florida Lottery prior to reactivation of its ability to sell online terminal game lottery tickets and order Scratch-Off game lottery tickets. The amount of the security shall not exceed twice the retailer’s average weekly ticket sales as determined by the Lottery. 5. For a fourth delinquency in a twelve-month period, a review of the retailer account will be
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