Current through Reg. 48, No. 66; April 5, 2022
(1) A retailer contract can be terminated by
the retailer at any time upon written notice to the Lottery.
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.
Retailer has provided false or misleading information in obtaining or
attempting to obtain a retailer contract and Certificate of
(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
(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.
(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
(k) Retailer has not
prominently displayed its Certificate of Authority at the approved sales
(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, F.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
(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.
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
(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
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
(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.