Florida Administrative Code
53 - DEPARTMENT OF THE LOTTERY
53 - Departmental
Chapter 53ER07 - Emergency Rule for Year 2007
Section 53ER07-15 - Suspension and Termination of Retailer Contract
Current through Reg. 50, No. 060; March 26, 2024
(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.
(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. In reviewing any subsequent application from such a retailer, the Lottery will consider the following factors:
(8) A retailer's sole remedy following termination or suspension of its retailer contract is by such civil action as may be appropriate.
Specific Authority 24.109(1), 24.112(1) FS. Law Implemented 24.112(5) FS.