Current through Reg. 50, No. 060; March 26, 2024
(1) GENERAL. To be
eligible to receive a prize, all requirements established by the Florida
Lottery to validate the prize claim for a winning ticket must be met. Upon
determination of such requirements being met, payment shall be made in
accordance with the applicable provisions of this rule, the applicable Lottery
game rule, and federal and state law.
(2) CLAIMING PRIZES. For purposes of this
rule, the provisions for claiming a prize as set forth in Section
24.115(1),
F.S., will be deemed satisfied upon the claimant meeting the following
requirements:
(a) Draw Game Prizes.
1. For Draw game prizes, the claimant must
submit the winning Draw game lottery ticket for validation at a Florida Lottery
(or "Lottery") office or retailer on or before the 180th calendar day after the
winning drawing. Winning Draw game lottery tickets submitted to the Lottery by
mail for validation must be addressed to the Lottery's prize payment address in
an envelope postmarked on or before the 180th calendar day after the winning
drawing.
2. If the claimant is not
paid at the time of ticket validation, he or she must submit the validated
winning Draw game lottery ticket, along with the documents specified in
paragraph (9)(c), as applicable, for prize payment at a Lottery office on or
before the 210th calendar day after the winning drawing. If the claimant
chooses to submit the validated winning Draw game lottery ticket for prize
payment by mail, the ticket and all required documents must be sent to the
Lottery's prize payment address and received by the Lottery on or before the
210th calendar day after the winning drawing. Failure of a claimant to submit
all required documentation, and receipt by the Lottery thereof, on or before
the 210th calendar day after the winning drawing shall result in forfeiture of
the prize.
(b)
Scratch-Off Game Prizes.
1. For Scratch-Off
game prizes, the claimant must submit the winning Scratch-Off ticket for
validation at a Lottery office or retailer on or before the 60th calendar day
after the official end of the game. Winning Scratch-Off tickets submitted to
the Lottery by mail for validation must be addressed to the Lottery's prize
payment address in an envelope postmarked on or before the 60th calendar day
after the official end of the game.
2. If the claimant is not paid at the time of
ticket validation, he or she must submit the validated winning ticket, along
with the documents specified in paragraph (9)(c), as applicable, for prize
payment at a Lottery office on or before the 90th calendar day after the
official end of the game. If the claimant chooses to submit the validated
winning ticket for prize payment by mail, the ticket and all required documents
must be sent to the Lottery's prize payment address and received by the Lottery
on or before the 90th calendar day after the official end of the game. Failure
of a claimant to submit all required documentation, and receipt by the Lottery
thereof, on or before the 90th calendar day after the official end of the game
shall result in forfeiture of the prize.
(3) TICKET SUBMISSION AND PAYMENT.
(a) Winning tickets of any value, along with
the documents specified in paragraph (9)(c), as applicable, may be submitted or
mailed to any Lottery office. Risk of mailing remains with the
prizewinner.
(b) A claimant must
submit for validation an original winning ticket or an original winning
continuation ticket, if issued, to the Lottery or to a retailer to claim a
prize, except as provided below.
(c) No Original Winning Ticket or Original
Winning Continuation Ticket - Actions Attributable to Retailer or Gaming
System.
If a claimant does not submit an original winning ticket or
an original winning continuation ticket but makes a claim for prize payment
based upon: (i) presentment of an original player claim instructions ticket
produced from validation of an original winning ticket or an original
continuation ticket; or (ii) presentment of an original Advance Play winning
ticket that has been recorded as "paid" in the Lottery's gaming system as the
result of the issuance of a continuation ticket, an investigation will be
conducted. If the investigation concludes that the absence of the original
ticket or original continuation ticket, as applicable, is attributable to the
actions of a retailer or the gaming system, payment will be made following
conclusion of the investigation in accordance with the applicable payment
provision herein, provided the original winning ticket or original continuation
ticket is not submitted prior to conclusion of the investigation. If the
original winning ticket or original continuation ticket is submitted prior to
conclusion of the investigation, a subsequent investigation will be conducted
to determine to whom payment should be made, if anyone.
(d) No Original Winning Ticket or Original
Winning Continuation Ticket- Other Actions
Not Attributable to
Retailer or Gaming System.
If a claimant does not submit an original winning ticket or
an original winning continuation ticket but makes a claim for prize payment
based upon: (i) presentment of an original player claim instructions ticket
produced from validation of an original winning ticket or an original
continuation ticket; or (ii) presentment of an original Advance Play winning
ticket that has been recorded as "paid" in the Lottery's gaming system as the
result of the issuance of a continuation ticket, but the continuation ticket is
not submitted, an investigation will be conducted. If the investigation
concludes that the absence of the original winning ticket or original winning
continuation ticket, as applicable, is not attributable to the
actions of a retailer or the gaming system but is attributable to other actions
(e.g., fault of player) and that the available evidence demonstrates the
claimant's entitlement to the prize, payment will be made as set forth in
subparagraphs (3)(d)1. and 2., and in accordance with any other applicable
payment provision herein, provided the original winning ticket or original
continuation ticket is not submitted prior to the expiration of the time
periods set forth below. If the original winning ticket or original
continuation ticket is submitted prior to expiration of the time periods set
forth below, a subsequent investigation will be conducted to determine to whom
payment should be made, if anyone.
1.
For winning Draw game tickets, payment will be made following expiration of 210
days after the winning draw date, provided that payment for the original
winning ticket or original continuation ticket is not made sooner.
2. For winning Scratch-Off tickets, payment
for prizes valued at $600 through $1,000 will be made following expiration of
180 days from the date the claim was filed or following expiration of 90 days
after the official end of the game, whichever occurs first, provided that
payment for the original winning ticket is not made sooner. Payment for tickets
valued at greater than $1,000 will be made following expiration of 90 days
after the official end of the game, provided payment for the original winning
ticket is not made sooner.
(e) No photographs, copies, facsimiles, or
other images in any form or in any medium will be accepted under paragraph
(3)(c) or (d) in lieu of an original player claim instructions ticket or an
original Advance Play winning ticket that has been recorded as "paid" in the
Lottery's gaming system as the result of the issuance of a continuation
ticket.
(4) TICKET
VALIDATION. An original ticket or an original continuation ticket shall be the
only proof of game play and the submission of an original winning ticket or
original winning continuation ticket to the Florida Lottery shall be the sole
method of claiming a prize, except as otherwise provided in paragraphs (3)(c)
and (d). A purchase receipt, play slip (paper or digital), digital barcode,
digital ticket checker data, or other digital data stored on a player's mobile
device shall not constitute evidence of game play, numbers selected, or
evidence of a winning ticket and cannot be used to claim a prize. No
photographs, copies, facsimiles, or other images in any form or in any medium
will be accepted in lieu of an original ticket or an original continuation
ticket. All online terminal game tickets must meet the validation requirements
set forth in paragraph (4)(a), and where applicable, the additional validation
requirements set forth in the current rules governing
POWERBALL®, MEGA
MILLIONS® and
CASH4LIFE®. A copy of the current Florida
Lottery's POWERBALL, MEGA MILLIONS and CASH4LIFE rules can be obtained from the
Florida Lottery's website at flalottery.com. All Scratch-Off game tickets must
meet the validation requirements set forth in paragraph (4)(b).
(a) Online Terminal Game Ticket Validation.
"Online terminal games" are also known as Draw games.
1. In order to be a valid winning online
terminal game lottery ticket, the ticket must be identifiable as a Florida
Lottery ticket and have either a complete, legible Transaction Serial Number
("TSN") or human-readable bar code. To the extent that a ticket is not
identifiable as a Florida Lottery ticket or does not have a TSN or bar code,
the ticket will be invalid. The Lottery will not attempt to reconstruct any
tickets received in multiple pieces.
2. The ticket must not be counterfeit in
whole or in part.
3. The TSN of an
apparent winning ticket must validate on the Lottery's gaming system and must
not have been previously paid.
4.
The ticket must not have been stolen.
5. The ticket must have been issued by the
Florida Lottery or an authorized Florida Lottery retailer or dispensed by a
Lottery full-service vending machine on official paper stock of the Florida
Lottery or must be an authentic QuickTicketTM sold
by an authorized Florida Lottery retailer.
6. The ticket must pass any additional
validation tests determined necessary by the Lottery.
7. Any ticket not meeting the criteria set
forth in subparagraphs (4)(a)1. through 6. is ineligible for any prize and
shall not be paid as a winning ticket. In the event a defective ticket is
purchased, the only responsibility or liability of the Lottery shall be the
replacement of the defective ticket with an un-played ticket or tickets of
equivalent sales price from a current Lottery game, or refund of the retail
sales price.
(b)
Scratch-Off Game Ticket Validation.
1. In
order to be a valid winning Scratch-Off lottery ticket, the ticket must be
identifiable as a Florida Lottery ticket and have either a complete, legible
validation number (sometimes referred to as "Void If Removed Number" or
"VIRN"), or a readable bar code.
2.
The ticket must not be counterfeit in whole or in part.
3. The validation elements must not be
altered or tampered with in any manner.
4. The ticket must not appear on any list of
omitted ticket stock on file at the Lottery.
5. The ticket must not have been
stolen.
6. The ticket must have
been issued to a retailer by the Lottery in an authorized manner.
7. The validation number of an apparent
winning ticket must validate on the Lottery's gaming system and must not have
been previously paid.
8. The
validation elements of a ticket must not be misprinted or illegible.
9. The ticket must pass any additional
validation tests determined necessary by the Lottery.
10. Any ticket not meeting the criteria set
forth in subparagraphs (4)(b)1. through 9. is ineligible for any prize and
shall not be paid as a winning ticket. In the event a defective ticket is
purchased, the only responsibility or liability of the Lottery shall be the
replacement of the defective ticket with an un-played ticket or tickets of
equivalent sales price from a current Lottery game, or refund of the retail
sales price.
(5) DETERMINATION OF PRIZEWINNER. The person
to whom payment will be made for winning tickets submitted to the Lottery shall
be determined as follows:
(a) If only one
name appears on the back of the ticket, payment will be made to that person or
entity.
(b) For tickets mailed to
the Lottery for prize payment with a blank or incomplete player information
section, data from the Winner Claim Form, if any, player correspondence, or the
mailing envelope, in that order, shall be used to supplement the
information.
(c) Scratch-Off
tickets and QuickTickets. If more than one name appears on the back of a
Scratch-Off ticket or QuickTicket, payment shall be made to the person whose
name appears first on the line designated for the name.
(d) Online terminal game tickets printed on
official Lottery paper stock.
1. If one
player information section is completely filled out, payment shall be made to
the person whose name appears first on the name line in the player information
section that is completed.
2. If
one player information section is partially filled out and another player
information section is completely filled out, payment will be made to the
person whose name appears on the name line in the completely filled out player
information section.
3. If more
than one player information section is completely filled out, payment shall be
made to the person whose name appears first on the name line in the player
information section nearest the top of the ticket.
4. If no player information section is
completely filled out and more than one name appears on the back of the ticket,
payment shall be made to the person whose name appears first on the name line
in the player information section nearest the top of the ticket in which a name
is present.
(e) If the
name on the back of a ticket is that of a trust, corporation or other legal
entity, payment shall be made to the trust, corporation, or other legal entity.
For those tickets valued at $600 or more, no payment shall be made to a legal
entity until the Lottery has received a copy of the entity's organizational
documents which set forth the names of all persons ultimately entitled to
receive Lottery winnings, all members, shareholders, partners, grantors,
trustees, and/or beneficiaries of the legal entity. The legal entity must also
submit evidence, satisfactory to the Lottery, confirming the Social Security
numbers of all persons ultimately entitled to receive Lottery winnings, all
members, shareholders, partners, grantors, trustees, and/or beneficiaries of
the legal entity.
(f) An individual
claimant whose name appears on the back of a ticket when the ticket is
presented to the Lottery may claim a prize on that ticket in a different name
only if all of the following conditions are met:
1. The claimant would otherwise be determined
a prizewinner under paragraphs (5)(a) through (e);
2. The claimant desires for payment to be
made to a non-individual entity instead of to themself;
3. The claimant can provide evidence
satisfactory to the Lottery that the claimant has the necessary authority to
make a claim on behalf of the non-individual entity; and
4. The claimant adds the name of the
non-individual entity, and the claimant's title within that entity, to the back
of the ticket.
(g) For
tickets valued at less than $600, payment to the person determined in
accordance with the applicable provisions in paragraphs (5)(a) through (e)
shall be made in the prizewinner's name as it appears on the back of the
winning ticket. For tickets valued at $600 or more, payment shall be made in
the prizewinner's name as it appears on the Winner Claim Form as described in
paragraph (9)(c).
(h) If the back
of a ticket valued at $600 or more is altered, defaced, or contains erasures,
correction fluid, overwriting, or obliteration in the line designated for a
name, an investigation will be conducted to determine to whom payment should be
made, if anyone, in accordance with paragraphs (5)(c), (d) and (e). As a part
of the investigation, the claimant shall be required to complete form DOL-419,
Security Affidavit, Revised 7/22, or form DOL-419S Spanish Security Affidavit,
Revised 10/20 and provide an explanation of the circumstances surrounding his
or her claim for the ticket. Forms DOL-419 and DOL-419S are incorporated herein
by reference and may be obtained at any Lottery office or by writing the
Florida Lottery, Division of Security, 250 Marriott Drive, Tallahassee, Florida
32301. If the ticket is valued at less than $600, payment will be made to the
person submitting the ticket for payment.
(i) If the Lottery is presented with
undisputed information that payment of a prize as provided in paragraphs (5)(a)
through (e) would result in payment to a person or entity who has no claim to
the ticket, the Lottery will make payment to the person or entity it determines
to be the rightful claimant. This paragraph shall not apply if the person
submitting the claim for payment is determined to owe an outstanding debt to a
state agency, child support collected through a court, or spousal support or
alimony as provided in Section 24.115(4), F.S.
(j) If the Lottery receives notification of a
dispute of ownership of a specific ticket prior to prize payment, an
investigation will be conducted to determine to whom payment should be made, if
anyone.
(k) Any claimant with a
winning ticket valued at $600 or more, and any person whose name appears on an
Internal Revenue Service Form 5754 filed by a claimant and whose portion of a
prize is $600 or more, will be analyzed for state-owed debt. All persons
ultimately entitled to receive Lottery winnings from a claim valued at $600 or
more filed by a legal entity, other than a corporation whose shares are
publicly traded, will be analyzed for state-owed debt. If such claimant or
other person is identified as owing an outstanding debt to a state agency or
owing child support collected through a court or spousal support or alimony as
provided in Section
24.115(4),
F.S., following deduction of federal income tax withholding, the remaining
prize amount will be allocated as follows:
1.
If the debt is owed by the claimant and an Internal Revenue Service Form 5754
is not filed at the time the claim is submitted, an amount sufficient to cover
the amount owed, up to the total remaining prize amount, will be transferred to
the state agency owed the debt. Any monies remaining after federal income tax
withholding and after the debt is offset will be paid to the
claimant.
2. If the debt is of a
claimant who submits an Internal Revenue Service Form 5754 at the time of
filing the claim, or of a person whose name appears on an Internal Revenue
Service Form 5754 or who is entitled to receive Lottery winnings claimed by a
legal entity, an amount sufficient to cover the claimant's or other person's
debt, but not to exceed his or her percentage interest in the prize or entity,
will be transferred to the state agency owed the debt. The monies remaining
will be paid to the prizewinner and any other persons entitled to receive a
portion of the Lottery winnings.
(6) PAYMENT TO ONE PERSON OR ENTITY.
Regardless of how many persons or entities claim an ownership interest in a
winning ticket; payment will be made to only one person or entity. For winning
tickets valued at $600 or more, a winner may submit an Internal Revenue Service
Form 5754, Statement by Person(s) Receiving Gambling Winnings,
Revised 12/08, if more than one person or a person other than
the claimant is entitled to the prize winnings. The completed form must be
submitted to the Lottery together with the ticket and Winner Claim Form. The
Internal Revenue Service Form 5754 is incorporated by reference and may be
obtained at any Lottery office, by writing the Florida Lottery, Customer
Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016, or from the
Internal Revenue Service.
(7)
WINNING TICKET VALUE DETERMINATION FOR PURPOSES OF PAYMENT AND CLAIMING.
The value of a winning ticket is determined by totaling all
prizes won on a ticket and, as applicable, in accordance with the applicable
provisions set forth in subsections (11), (12), (14) and (15).
(8) WINNING TICKETS VALUED AT LESS
THAN $600.
Payment of any winning ticket valued at less than $600 that
is submitted to a Lottery retailer, Lottery district office or Lottery
Headquarters shall be made to the claimant upon successful ticket validation.
Upon request by the Lottery, the claimant shall file a Winner Claim Form in
accordance with the provisions set forth in paragraph (9)(c) below.
(a) Payment by Retailers.
1. Winning tickets valued at $50 or less that
are submitted to a retailer shall be paid in cash by the retailer unless it is
impossible or impracticable to do so due to a company or store policy which,
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 will make payment by check
or money order.
2. Winning tickets
with a value greater than $50 but less than $600 that are submitted to a
retailer shall be paid by cash, check, or money order.
3. 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 made available by the
retailer.
(b) Payment by
the Lottery.
1. Winning tickets valued at
$200 or less that are presented to a Lottery district office will be paid by
cash, check or issued lottery tickets.
2. Winning tickets valued at more than $200
that are submitted to a Lottery district office shall be paid by check and/or
issued lottery tickets or, paid a maximum of $200 in cash and the balance of
the prize paid by check and/or issued lottery tickets at the prizewinner's
option.
3. Winning tickets valued
at less than $600 that are submitted to Lottery Headquarters for payment shall
be paid by check.
4. A player who
submits a winning ticket valued at less than $600 in person to a Lottery
district office for payment by check shall be required to present
identification as set forth in paragraph (10)(d) or (e). The identification is
required to ensure proper check distribution.
(9) WINNING TICKETS VALUED AT $600 OR MORE.
(a) Payment of winning tickets valued at $600
or more shall be made only by a Lottery office. Payment of winning tickets
valued at $600 or more cannot be made by a retailer.
(b) A player may submit a winning ticket
valued at $600 or more to any Lottery retailer or Lottery office for ticket
validation. If a winning ticket valued at $600 or more is validated at a
retailer location, the player shall retain the original ticket and any player
claim instructions ticket produced by the retailer terminal to submit with his
or her claim to a Lottery office for prize payment processing. If the winning
ticket produces a continuation ticket for future drawings, the player shall
also retain the continuation ticket in addition to the original ticket and
player claim instructions ticket.
(c) After successful validation of a winning
ticket, the player shall file a claim by submitting to the Lottery a completed
Winner Claim Form DOL 173-2, Revised 7/2022, Spanish Winner Claim Form DOL
173-2S, Revised 7/2022, Winner Claim Form- Entity DOL 173-2E, Revised 7/2022,
or Spanish Winner Claim Form- Entity, DOL 173-2SE, Revised 7/2022 along with
the ticket(s) as set forth in subsection (3) and the identification described
in paragraph (10)(d) or (e) below. The Winner Claim Forms are incorporated
herein by reference and may be obtained at any Lottery office or retailer, from
the Florida Lottery's website at flalottery.com, or by writing the Florida
Lottery, Customer Service, 250 Marriott Drive, Tallahassee, Florida 32399-4016.
Claims may be submitted in person or by mail to any Lottery district office or
to Lottery Headquarters. The address for Florida Lottery Headquarters and for
each Lottery district office is set forth in subsection (23).
(d) For games that do not offer an annual
payment option, winning tickets valued at $600 to less than $1,000,000 may be
processed and paid at any Lottery office. Payment shall be made by check and in
accordance with the applicable payment provisions herein, except that winning
tickets valued in excess of $50,000 may be paid by electronic funds
transfer.
(e) All winning tickets
with an annual payment option and winning tickets valued at $1,000,000 or more
must be processed through Lottery Headquarters. Such winning ticket claims may
be submitted directly to Lottery Headquarters for processing and payment or may
be submitted to a Lottery district office; the district office will forward the
claim to Lottery Headquarters for processing and payment. Payment shall be made
by check or electronic funds transfer at the prizewinner's option and in
accordance with the applicable payment provisions herein.
(f) Winning tickets valued at $600 or more
that are processed by Lottery Headquarters shall be paid as follows and in
accordance with the applicable payment provisions herein:
1. If the ticket value is $600 through
$50,000, payment shall be made by check.
2. If the ticket value is greater than
$50,000, payment shall be made by check or electronic funds transfer at the
prizewinner's option. In addition to the Winner Claim Form, prizewinners for
such prizes shall be required to complete form DOL-416 Method of Prize Payment,
Revised 4/18 or DOL-416S Method of Prize Payment (Spanish version), effective
7/20 at the time the prize is claimed. Forms DOL-416 and DOL-416S are
incorporated herein by reference and may be obtained at any Lottery office or
by writing the Florida Lottery, Claims Processing, 250 Marriott Drive,
Tallahassee, Florida 32399-9939.
(10) PRESENTATION OF IDENTIFICATION.
(a) A claimant who presents a winning ticket
valued at $600 or more will be required to present acceptable identification as
detailed in paragraphs (10)(d) and (e) below in order to claim the prize. The
Lottery shall be permitted to make a photocopy of such identification for its
records. The Lottery reserves the right to require proof of authenticity for
such photocopies. The name on the identification presented to the Lottery must
match the name on the back of the winning ticket. If the name on the back of
the ticket and the identification presented do not match, the Lottery may
request another form of identification listed below or request additional
information to use in making its payment determination. The Lottery reserves
the right to require proof of authenticity for such photocopies.
(b) If the claimant is a non-individual legal
entity, an authorized representative shall submit proof of the legal entity
existence. Authorized representatives shall include, but not be limited to
shareholders, officers, board members or members of a closely held corporation;
members of a limited liability company "LLC"; trustee of a trust; or partner of
any legal form of partnership. Any authorized representative must show proof of
his or her authority to act on behalf of the legal entity and present required
identification as detailed in paragraphs (10)(d) and (e) below. Additionally, a
legal entity claiming a prize must complete Form DOL-492, Payment of Prizes -
Legal Entity Disclosure Affidavit, Revised 10/20, or DOL-492S Payment of Prizes
- Legal Entity Disclosure Affidavit, (Spanish version) Revised 10/20 to
identify each person entitled to benefit from the prize. Form DOL-492 is hereby
incorporated by reference and may be obtained at any Lottery office or by
writing the Florida Lottery, Claims Processing, 250 Marriott Drive,
Tallahassee, Florida 32399-9939.
(c) An agent may present a Power of Attorney
to claim a prize on behalf of a winner. If a prize is being claimed on behalf
of a winner, pursuant to a Power of Attorney, the agent or shall be required to
execute an Affidavit, substantially in the form provided in Section
709.2119(2)(c), F.S., in support of claiming a winning ticket. No Power of
Attorney is effective after the death of a winner.
(d) For winning tickets valued at $600 or
more that do not require a notarized affidavit, one form of identification is
required that is current or was issued within the past five years and bears a
serial or other identifying number. Acceptable forms of identification include
the following:
1. A Florida identification
card or driver's license issued by the public agency authorized to issue
driver's licenses;
2. A passport
issued by the Department of State of the United States;
3. A passport issued by a foreign
government;
4. A driver's license
or an identification card issued by a public agency authorized to issue
driver's licenses in a state other than Florida, a territory of the United
States, or Canada or Mexico;
5. An
identification card issued by any branch of the armed forces of the United
States;
6. A veteran health
identification card issued by the United States Department of Veterans
Affairs;
7. An identification card
issued by the United States Bureau of Citizenship and Immigration Services;
or
8. Another form of
identification authorized for use by notaries public in Section 117.05
(5)(b)2., F.S.
(e) For
winning tickets valued at $600 or more that require a notarized affidavit, the
forms of identification listed in paragraph (10)(d) are also acceptable, except
that, if a passport issued by a foreign government is presented as
identification, it must be stamped by the United States Bureau of Citizenship
and Immigration Services.
(f) If a
claimant is unable to produce one of the acceptable forms of identification
identified in paragraphs (10)(d) and (e), the Lottery will accept as
satisfactory evidence of the claimant's identity a completed Affidavit to
Establish Identity form, DOL-483, Revised 10/20, or a completed Spanish
Affidavit to Establish Identity form DOL-483S, Revised 10/20. Forms DOL-483 and
DOL-483S are incorporated herein by reference and may be obtained at any
Lottery office or by writing the Florida Lottery, Customer Service, 250
Marriott Drive, Tallahassee, Florida 32399-4016.
(g) A photocopy of required identification
shall accompany claims valued at $600 or more that are submitted by mail. The
Lottery reserves the right to require proof of authenticity for such
photocopies.
(11)
PAYMENT OF DRAW GAME MULTI-PANEL TICKETS. For purposes of this rule, a Draw
game multi-panel ticket is defined as a ticket with more than one panel played
for a single draw date and includes QuickTickets.
(a) A winning Draw game multi-panel ticket in
which more than one prize is won and the total prize value is less than $600
shall be paid as one amount by Lottery retailers or a Lottery office upon
successful ticket validation.
(b) A
winning Draw game multi-panel ticket that has more than one prize won, and the
total prize value is $600 or more shall be claimed at a Lottery office and paid
as one amount upon successful ticket validation.
(c) Additional payment provisions applicable
only to a winning Draw game multi-panel ticket that includes one or more cash
prizes and a prize of one or more free Quick Pick tickets are as follows:
1. The value of each free Quick Pick ticket
on a multi-panel ticket shall be included in the total prize value of the
multi-panel ticket. The value of the free Quick Pick ticket is the selling
price for a single play of the same type of Draw game in which the free ticket
was won. For Example, a FLORIDA LOTTO® free
ticket is valued at $2.00 and a FANTASY 5® free
ticket is valued at $1.00.
2. A
Draw game multi-panel ticket that has more than one prize won and a total prize
value, including the value of each free Quick Pick ticket won, of less than
$600 shall be paid by Lottery retailers or a Lottery office upon successful
ticket validation. The prizewinner shall be paid the total cash amount of the
prize or prizes won and given a ticket with one free Quick Pick play for the
next available drawing for the same Draw game in which the prize was won, for
each free Quick Pick ticket prize.
3. Draw game multi-panel tickets with a total
prize value of $600 or more that include one or more cash prizes and a prize of
one or more free Quick Pick tickets shall be claimed at a Lottery office.
Retailer locations are unable to print free Quick Pick tickets that are part of
a claim with a total value of $600 or more.
a. If the claim is submitted to a Lottery
office in person and the Draw game multi-panel ticket is successfully
validated, the Lottery will pay the prizewinner the total cash amount of the
prize or prizes won and give the claimant one free Quick Pick ticket for the
next available drawing for the same Draw game in which the prize was won for
each free Quick Pick ticket prize.
b. If the claim is submitted by mail to a
Lottery office and the Draw game multi-panel ticket is successfully validated,
the Lottery will pay the total cash amount of the prize or prizes won and, if
the prizewinner's address is in Florida, print one free Quick Pick ticket for
the next available drawing of the same Draw game in which the prize was won for
each free Quick Pick ticket prize. The payment and the free ticket(s) shall be
mailed to the prizewinner by the Lottery, except as set forth in paragraph
(13)(b).
c. If the prizewinner is
identified as owing an outstanding debt as set forth in paragraph (5)(k), in an
amount less than the total of the cash amount of the prize or prizes won net of
any federal income tax withholding, the free ticket(s) and the amount owed to
the prizewinner after federal income tax has been withheld and his or her debt
is satisfied shall be awarded. If the prizewinner is identified as owing an
outstanding debt in an amount greater than the total cash amount of the prize
or prizes won net of any federal income tax withholding, the total cash amount
of the prize remaining after federal income tax has been withheld will be
applied toward the outstanding debt as provided in Section 24.115(4), F.S., and
the claimant will receive the free ticket(s).
4. QuickTickets shall not be used to award
free Quick Pick ticket prizes.
(12) PAYMENT FOR DRAW GAME FREE TICKET
PRIZES.
(a) Florida Claimants. A person who
submits by mail a lottery ticket that entitles the claimant to a prize of a
"ticket" or "free ticket" and whose mailing address is inside the state of
Florida will be mailed a prize of a ticket in accordance with the following
provision. If the prize is a free Quick Pick ticket, the claimant will receive
a free Quick Pick ticket, for the same Draw game in which the prize was won,
for the next drawing after the ticket is validated; or if the free ticket is
part of a Draw game multi-panel ticket, the claimant will receive prize payment
in accordance with the provisions of subsection (11).
(b) Claimants Outside Florida. A person who
submits by mail a lottery ticket that entitles the claimant to a prize of a
"ticket" or "free ticket" and whose mailing address is outside the state of
Florida will receive a check in the amount of the retail sales price of the
ticket in lieu of an actual ticket.
(13) PAYMENT FOR ADVANCE PLAY TICKET PRIZES.
(a) Florida Claimants. A claimant who claims
a prize through a retailer or the Lottery on a winning Advance Play lottery
ticket before all the drawings on the ticket have occurred will be paid the
prize for the original ticket and issued a continuation ticket for the
remaining drawings with the same play numbers as the original ticket. The
original ticket will be recorded as "paid" in the gaming system and the
continuation ticket automatically issued for the claimant shall be the
instrument from which claims on remaining drawings are paid.
1. Payment of Multiple Prizes on Advance Play
tickets.
a. A claimant who claims multiple
prizes on a winning Advance Play lottery ticket for some or all the drawings
that have occurred and the total prize value for all prizes won in all the
drawings that have occurred is less than $600 will be paid the prizes as one
amount by a Lottery retailer or a Lottery office upon successful ticket
validation and, if applicable, issued a continuation ticket in accordance with
paragraph (13)(a).
b. A claimant
who claims multiple prizes on a winning Advance Play lottery ticket for some or
all of the drawings that have occurred and the total prize value for all prizes
won in the drawings that have occurred is $600 or more must be paid by a
Lottery office. In such case, the prizes won will be paid as one amount upon
successful ticket validation. However, applicable federal income tax will be
withheld separately, if applicable, based on the individual value of the prize
or prizes won in each drawing. Additionally, state-owed debt will be analyzed
separately in accordance with the provisions in paragraph (5)(k) for each
individual prize that is $600 or more. If applicable, the claimant will be
issued a continuation ticket in accordance with paragraph (13)(a).
(b) Claimants Outside
of Florida. If a claimant whose mailing address is outside the state of Florida
submits by mail an Advance Play lottery ticket that has drawings remaining that
have not yet occurred, the Lottery will hold the claimant's Advance Play
lottery ticket until all the drawings have occurred. The Lottery will then
validate the Advance Play lottery ticket and mail the claimant one payment for
the total amount of any prizes won. If an out-of-state claimant requests prize
payment prior to the date of the last Advance Play drawing, the Lottery will
validate the ticket, mail the claimant payment for the total amount of any
prizes won as of the date of ticket validation, and issue and maintain
possession of a continuation ticket for the remaining drawings. In either case,
applicable federal income tax will be withheld separately, if applicable, based
on the value of the prize or prizes won in each drawing Additionally, if
applicable, a claimant may be analyzed for state-owed debt up to two times
based on the value of the prize or prizes won in each drawing.
(14) PAYMENT FOR FLORIDA LOTTO
WITH DOUBLE PLAYTM TICKETS WITH MULTIPLE PRIZES. A
claimant having a FLORIDA LOTTO with Double Play ticket that wins one or more
prizes in both Base Game play and Double Play play for the same drawing date
shall be paid one prize amount for the total of all cash prizes won on the
ticket, or if applicable, one prize amount and issued free ticket(s) or issued
free tickets.
(15) PAYMENT FOR DRAW
GAME TICKETS WITH EZMATCHTM AND ADDITIONAL PRIZE(S).
For Draw games that offer the EZmatch instant-win option, any EZmatch prize(s)
that is not claimed immediately, but rather after the first draw date on the
ticket and prior to the 180-day expiration, and that is in addition to other
winnings on the ticket shall be combined and paid as one prize amount, or if
applicable, one prize amount and issued free ticket(s).
(16) ANNUAL PAYMENT OR CASH OPTION PAYMENT
ELECTION. Certain games offer prizes in which the prizewinner may choose one of
two payment options for receiving his or her prize. Payment options are "Cash
Option" or "Annual Payment." For Draw game prizes which offer a payment option,
the prizewinner has sixty (60) calendar days after the date the winning ticket
is validated to file a claim in order to choose the Cash Option. For
Scratch-Off game prizes which offer a payment option, the prizewinner has sixty
(60) calendar days after the date the winning ticket is validated to file a
claim in order to choose the Cash Option. If a prizewinner does not choose the
Cash Option within the applicable sixty (60) day timeframe, the Annual Payment
option will be applied. Once the prizewinner files a claim and exercises the
prizewinner's chosen option by execution of a notarized affidavit prepared by
the Lottery, the election of that option shall be final. The Annual Payment
method of payment will also be final when it is applied due to a prizewinner
not making his or her payment election within the sixty (60) day
timeframe.
(17) LIFE-CONTINGENT
PRIZE PAYMENTS.
(a) Individual Claimed
Life-Contingent Prize. Following the guaranteed 20-year period, starting with
year 21, a Life-Contingent winner shall ensure that the Lottery receives an
original notarized affidavit (or from the power of attorney, custodian or
guardian, or medical provider for the winner) executed by the winner (or from
the power of attorney, custodian or guardian, or medical provider for the
winner) stating that he or she is still living and shall include a current
address and telephone number for the winner. Except in the case of the winner,
neither the maker and/or executor of the affidavit shall have a financial,
pecuniary, or other interest in the winnings. The Lottery reserves the right to
verify the authenticity and accuracy of the affidavit, including confirming the
winner is alive. Such affidavit shall be executed and received by the Lottery
within the 14-calendar day period prior to the issuance of payment to the
winner. An affidavit showing proof of life shall be required for each and every
year thereafter.
(b) Individual
Claimed Life-Contingent Prize - Assignment. Should a life-contingent prize
winner, who is receiving annual payments, assign any year or years beyond the
guaranteed 20-year period, the Assignee shall ensure that the Lottery receives
an original notarized affidavit (or from the power of attorney, custodian or
guardian, or medical provider for the winner) executed by the winner (or from
the power of attorney, custodian or guardian, or medical provider for the
winner) stating that he or she is still living and shall include a current
address and telephone number for the winner. Neither the maker and/or executor
of the affidavit shall have a financial, pecuniary, or other interest in the
assigned winnings. The Lottery reserves the right to verify the authenticity
and accuracy of the affidavit, including confirming the winner is alive. Such
affidavit shall be executed and received by the Lottery within the 14-calendar
day period prior to the issuance of payment to Assignee. An affidavit showing
proof of life shall be required for each and every year of the time frame for
which payments are assigned.
(c)
Trust, Corporation or Other Legal Entity Claimed Life-Contingent Prize. The
prize payment period for a trust, corporation or other legal entity that has
claimed a life-contingent prize is fixed at twenty years. Accordingly, no
payment beyond twenty years will be issued to an Assignee of a life-contingent
prize claimed by a legal entity.
(18) PAYMENT AFTER DEATH OF PRIZEWINNER. If a
prizewinner dies during the scheduled payment of a prize, the Lottery will make
payment to the estate of the deceased prizewinner upon its receipt of a
certified copy of the winner's death certificate and a certified copy of the
Letters of Administration or equivalent document establishing the personal
representative or executor of the winner's estate. Upon its receipt of a
certified copy of a court order directing payment to identified persons or
entities, the Lottery will make payment in accordance with the court order.
Upon receipt by the Lottery of notification of the death of a prizewinner,
including a prizewinner that signed his or her winning ticket but did not claim
the prize or prizes prior to his or her death, no payment(s) will be made by
the Lottery until it has received a certified copy of the winner's death
certificate and either a certified copy of the Letters of Administration or its
equivalent or a court order as described above. Payment(s) withheld because
appropriate documents have not been received will be subject to the provisions
of Chapter 717, F.S., the "Florida Disposition of Unclaimed Property
Act."
(19) FEDERAL INCOME TAX
WITHHOLDING. Applicable federal income tax shall be withheld from prizes in
accordance with the Internal Revenue Code and Code of Federal Regulations,
where applicable.
(20) CANCELED AND
PREVIOUSLY PAID TICKETS. No payment shall be made upon a ticket submitted for
payment that is reflected in the Lottery's records as having been canceled or
previously paid, except as provided in subsection (3).
(21) DISCLOSURE OF SOURCE OF TICKET. The
Lottery reserves the right to require the claimant of any winning ticket to
disclose the source of the ticket.
(22) DISPUTES REGARDING THE AMOUNT OR
VALIDITY OF TICKET.
(a) Players shall be
instructed by a retailer or the Lottery to file a claim when any dispute arises
between a player and a retailer regarding the amount or validity of an apparent
winning ticket or when an apparent winning ticket will not validate using the
terminal.
(b) In the event a
dispute between the Lottery and a ticket bearer occurs as to whether a ticket
is a valid winning ticket, or as to the prize amount of a valid winning ticket,
the decision of the Lottery shall be final. If the prize is not paid on a
disputed ticket and the basis for the dispute is attributable to the Lottery or
its ticket vendor, the Lottery will replace the disputed ticket with an
un-played ticket from the same game or with a ticket from another game of
equivalent sales price. This shall be the sole and exclusive remedy of the
bearer of the ticket.
(c) Final
Payment Decision. The Lottery's decision and judgments in respect to the
determination of a winning ticket or of any other dispute arising from payment
or awarding of prizes shall be final and binding upon all participants in the
lottery unless otherwise provided by law or these rules. In the event a
question arises relative to a winning ticket, or the payment or awarding of any
prize, the Lottery is authorized to:
1.
Deposit the prize winnings into an escrow fund until the dispute is resolved;
or
2. Petition a court of competent
jurisdiction for instructions and a resolution of the controversy.
(23) FLORIDA LOTTERY
HEADQUARTERS AND DISTRICT OFFICES PRIZE PAYMENT ADDRESSES. The prize payment
addresse for Florida Lottery Headquarters is: Claims Processing, 250 Marriott
Drive, Tallahassee, Florida 32399-4027. Addresses for Lottery district offices
can be found on the Florida Lottery's website at flalottery.com.
(24) RISK OF MAILING TICKETS. A person who
mails a winning ticket shall bear the risk that the U.S. Postal Service or
other carrier may fail to timely postmark or deliver the ticket to the Lottery,
or both.
(25) TICKETS IN A
PROMOTION - NOT TO BE SUBMITTED BY MAIL. Persons may not submit tickets by mail
for a promotion unless pursuant to written instructions from the Lottery. Any
tickets submitted by mail for entry into a promotion will not be entered into a
drawing for that promotion, nor returned.
(26) UNCLAIMED DRAW GAME AND SCRATCH-OFF GAME
PRIZES. If a winning ticket is not submitted for validation within the
applicable time period, or if a validated ticket is not submitted to the
Lottery for prize payment within the applicable time period, the prize shall
constitute an unclaimed prize and shall be distributed as required by law.
Unclaimed Draw game and Scratch-Off game prizes shall not be distributed to
other winners within the same prize pool.
(27) PLAYER RESPONSIBILITY. It is a player's
responsibility to verify the accuracy of his or her ticket selections before
leaving the retailer, including verifying the number of tickets printed or
requested. In the case of QuickTickets, the player shall ensure that a receipt
confirming activation has been printed/issued and provided to
him/her.
(28) OTHER PROVISIONS.
(a) All tickets and Winner Claim Forms
presented to the Lottery shall become the property of the Lottery.
(b) Information for claiming a prize can be
obtained by writing the Florida Lottery, Customer Service, 250 Marriott Drive,
Tallahassee, Florida 32399-4016, or by calling (850)487-7777.
(c) Payment of winning tickets is subject to
all other applicable statutes and rules.
(29) The effective date of this rule is
August 15, 2022.
(30) This
emergency rule replaces Emergency Rule 53ER22-45, F.A.C.
Rulemaking Authority 24.105(9)(e), 24.109(1), 24.115(1) FS.
Law Implemented 24.105(3), 24.105(9)(e), 24.115(1), (4), 24.1153
FS.