Current through Reg. 50, No. 060; March 26, 2024
(1) The
Florida Lottery ("Lottery") shall contract with specified retailers to sell
lottery tickets.
(2) Except as
otherwise specified herein, the term "equipment" shall be inclusive of
communications equipment (inside and outside), terminal related peripherals,
jackpot signs, play stations, vending machine equipment, and any other Lottery
property. All equipment provided to the retailer by the Lottery or its vendors
shall remain the property of the Lottery or its vendors, and retailers shall
acquire no interest whatsoever in the equipment.
(3) Terminal.
(a) Prior to activation of a terminal, a
retailer shall complete training relating to operation of the terminal, sale of
lottery products, accounting procedures, ticket inventory control, responsible
gaming and retailer responsibilities. Once the training is verified and the
terminal is activated, the retailer shall operate the terminal and sell lottery
products in accordance with the training.
(b) Retailers shall be responsible for
meeting the following terminal installation requirements:
1. If landlord approval is necessary for
Lottery terminal installation, it is the retailer's responsibility to obtain
such approval from the landlord in advance of the site survey and terminal
installation. Landlord approval shall be obtained by the completion of Form
DOL-468, Effective 11/18, Landlord Approval for the Installation of
Lottery Gaming Communications Equipment. Form DOL-468 is hereby
incorporated by reference and may be obtained from the Florida Lottery's
website at flalottery.com.
2.
Retailers shall provide:
a. Access for the
initial site survey and, if applicable, access for installation of outside
communications equipment and running of necessary cables;
b. Electrical circuitry for terminal and
peripherals;
c. Counterspace for
the terminal and peripherals;
d.
Exterior building space for outside communications equipment, if
applicable;
e. Conduit, if
applicable; and
f. Any other
components determined to be necessary for terminal installation in unique
situations.
3. All
expenses associated with the items required to be provided by retailer shall be
the sole responsibility of retailer.
(c) Retailers shall provide a minimum amount
of space as determined by the Lottery at the location of the terminal for
proper ventilation, maintenance, and material loading and removing.
(d) Retailers shall position the transaction
monitor so that as a transaction occurs it is displayed and in full view of the
player making the ticket purchase.
(e) Retailers shall safeguard ticket stock,
replenish ticket stock, and clear paper jams as required on the terminal and/or
terminal printer.
(f) Retailers
shall use due diligence and care when operating the terminal and shall
immediately notify the Lottery's designated hotline of any network
communication problem or terminal malfunction. If the terminal's barcode
scanner is lost by a retailer, the retailer shall be responsible for the cost
of replacement.
(4)
Playstation and Lottery Sales Materials. Retailers shall provide a space for a
lottery playstation at a prominent location within the store that is approved
by the Lottery. In determining whether to approve playstation placement, the
Lottery will seek to optimize the promotional value and player convenience to
be derived from the playstation, also considering factors such as the
retailer's floor plan and customer traffic flow. All playstations must be
Lottery-approved. Retailers shall maintain an adequate supply of pencils, play
slips, claim forms, brochures and other Lottery materials for use by players as
provided by the Lottery or authorized vendor. Retailers shall display and
maintain in prominent locations point of sale materials provided by the Lottery
to include electronic displays, odds pieces and other Lottery sales
materials.
(5) Vending Machine.
(a) If a retailer's contract provides for the
sale of lottery tickets from a vending machine, the retailer shall complete
training relating to operation of the vending machine prior to activation. Once
the retailer training is verified and the vending machine is activated, the
retailer shall operate the vending machine and sell lottery tickets in
accordance with the training.
(b)
Retailers shall be responsible for providing a grounded power outlet within 10
feet of the vending machine location and shall provide adequate space for the
vending machine. The Lottery shall approve the placement of the vending machine
in the retailer's store taking into consideration key factors, such as the line
of sight for monitoring by store personnel, proximity to a power source and
foot traffic patterns. Once placement is made, the vending machine cannot be
moved without consent of the Lottery. Any approved relocation of a vending
machine shall be made by the Lottery's vendor.
(c) The vending machine shall be in direct
line of sight of store personnel. The retailer is required to monitor the
vending machine during business hours and must know the procedure to disable
the vending machine remotely. If a person under the age of 18 attempts to
purchase lottery tickets through the vending machine, store personnel must
deactivate the vending machine. At least one person must be on duty at all
times the vending machine is operational; however, at least two persons must be
on duty at any retailer location which has violated Section
24.1055,
Florida Statutes.
(d) The vending
machine inventory shall be determined by the Lottery as set forth by the
Plan-O-Gram. The retailer shall ensure that an adequate supply of inventory is
available and that the vending machine remains fully stocked and is operational
during business hours.
(e) The
retailer's responsibilities with respect to maintaining the vending machine
are:
1. Stocking of Scratch-Off
tickets;
2. Stocking of ticket
stock;
3. Removal of currency at
least daily;
4. Printing
reports;
5. Replacing printer paper
and clearing paper jams;
6. Keeping
machine and surrounding area clean and free of obstruction;
7. Keeping area around machine well lit;
and
8. Ensuring that only
Lottery-approved signage and messages are displayed on the machine, including
any electronic message display device(s).
(f) Retailer shall call the vending machine
vendor's hotline to report any problems that cannot be resolved by the retailer
in accordance with the Vending Machine User Manual. This number should be
called as soon as it is determined that service or telephone support is
needed.
(g) Retailer shall allow
only Lottery personnel or authorized service technicians with proper
identification access to the vending machine. Retailer shall not perform
mechanical or electrical maintenance on the vending machine unless instructed
by the Lottery.
(h) If a key to the
vending machine is lost by the retailer, the machine must be fitted with new
locks and a new key issued for security reasons, all at the retailer's
expense.
(i) If a remote
deactivation device is lost by the retailer, the retailer shall pay the cost of
replacement.
(j) If the cash
collection box is lost or damaged by the retailer, the retailer shall pay the
cost of replacement.
(6)
General Provisions.
(a) Retailers shall pay a
weekly service charge as determined by the Lottery, taking into consideration
factors such as salary costs, travel costs, the cost of materials, and
associated administrative expenses. A retailer will not be assessed a service
charge for promotional or additional terminals.
(b) Retailers shall pay all electrical
utility charges in connection with operation of the equipment.
(c) Retailers shall provide access to Lottery
equipment to Lottery or vendor personnel presenting proper
identification.
(d) Retailers shall
be responsible for the physical security of all equipment and shall be
responsible for the cost of replacement of any lost equipment.
(e) Material not authorized by the Lottery
shall not be displayed at or dispensed from the playstation or other
equipment.
(f) The Lottery will
review occurrences of negligent, intentional or unintentional damage to
equipment by retailer or its employees and determine whether to recover the
cost of such damages by considering factors such as the remedial steps, if any,
taken by the retailer to prevent such occurrences in the future.
(g) Retailers shall not attempt to perform
any mechanical or electrical maintenance or repairs on equipment except as
authorized by the Lottery or its vendors.
(7) The effective date of this emergency rule
is January 23, 2020.
(8) This
emergency rule replaces Emergency Rule 53ER19-25, F.A.C.
Rulemaking Authority 24.109(1), 24.112(1) FS. Law
Implemented 24.112(1) FS.