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House Bill 0249er

ENROLLED 1997 Legislature CS/HB 249 1 2 An act relating to gambling; amending s. 3 849.0935, F.S.; providing additional tax-exempt 4 organizations which are authorized to conduct 5 drawings by chance under said section, 6 including civic organizations, employees' 7 associations, clubs, fraternal benefit 8 societies, fraternal lodges, and armed forces 9 and veterans' organizations; amending s. 10 849.094, F.S., which regulates game promotions 11 in connection with the sale of products or 12 services; providing that specified provisions 13 of said section do not apply to television or 14 radio broadcasting companies licensed by the 15 Federal Communications Commission; providing an 16 effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Paragraph (b) of subsection (1) and 21 subsection (2) of section 849.0935, Florida Statutes, 1996 22 Supplement, are amended to read: 23 849.0935 Charitable, nonprofit organizations; drawings 24 by chance; required disclosures; unlawful acts and practices; 25 penalties.-- 26 (1) As used in this section, the term: 27 (b) "Organization" means an organization which is 28 exempt from federal income taxation pursuant to 26 U.S.C. s. 29 501(c)(3), (4), (7), (8), (10), or (19), and which has a 30 current determination letter from the Internal Revenue 31 Service, and its bona fide members or officers. 1 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 249 1 (2) The provisions of s. 849.09 shall not be construed 2 to prohibit an organization qualified under 26 U.S.C. s. 3 501(c)(3), (4), (7), (8), (10), or (19) from conducting 4 drawings by chance pursuant to the authority granted by this 5 section, provided the organization has complied with all 6 applicable provisions of chapter 496. 7 Section 2. Subsection (10) of section 849.094, Florida 8 Statutes, is amended to read: 9 849.094 Game promotion in connection with sale of 10 consumer products or services.-- 11 (1) As used in this section, the term: 12 (a) "Game promotion" means, but is not limited to, a 13 contest, game of chance, or gift enterprise, conducted within 14 or throughout the state and other states in connection with 15 the sale of consumer products or services, and in which the 16 elements of chance and prize are present. However, "game 17 promotion" shall not be construed to apply to bingo games 18 conducted pursuant to s. 849.0931. 19 (b) "Operator" means any person, firm, corporation, or 20 association or agent or employee thereof who promotes, 21 operates, or conducts a game promotion, except any charitable 22 nonprofit organization. 23 (2) It is unlawful for any operator: 24 (a) To design, engage in, promote, or conduct such a 25 game promotion, in connection with the promotion or sale of 26 consumer products or services, wherein the winner may be 27 predetermined or the game may be manipulated or rigged so as 28 to: 29 1. Allocate a winning game or any portion thereof to 30 certain lessees, agents, or franchises; or 31 2 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 249 1 2. Allocate a winning game or part thereof to a 2 particular period of the game promotion or to a particular 3 geographic area; 4 (b) Arbitrarily to remove, disqualify, disallow, or 5 reject any entry; 6 (c) To fail to award prizes offered; 7 (d) To print, publish, or circulate literature or 8 advertising material used in connection with such game 9 promotions which is false, deceptive, or misleading; or 10 (e) To require an entry fee, payment, or proof of 11 purchase as a condition of entering a game promotion. 12 (3) The operator of a game promotion in which the 13 total announced value of the prizes offered is greater than 14 $5,000 shall file with the Department of State a copy of the 15 rules and regulations of the game promotion and a list of all 16 prizes and prize categories offered at least 7 days before the 17 commencement of the game promotion. Such rules and 18 regulations may not thereafter be changed, modified, or 19 altered. The operator of a game promotion shall conspicuously 20 post the rules and regulations of such game promotion in each 21 and every retail outlet or place where such game promotion may 22 be played or participated in by the public and shall also 23 publish the rules and regulations in all advertising copy used 24 in connection therewith. Radio and television announcements 25 may indicate that the rules and regulations are available at 26 retail outlets or from the operator of the promotion. A 27 nonrefundable filing fee of $100 shall accompany each filing 28 and shall be deposited into the Division of Licensing Trust 29 Fund to be used to pay the costs incurred in administering and 30 enforcing the provisions of this section. 31 3 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 249 1 (4)(a) Every operator of such a game promotion in 2 which the total announced value of the prizes offered is 3 greater than $5,000 shall establish a trust account, in a 4 national or state-chartered financial institution, with a 5 balance sufficient to pay or purchase the total value of all 6 prizes offered. On a form supplied by the Department of 7 State, an official of the financial institution holding the 8 trust account shall set forth the dollar amount of the trust 9 account, the identity of the entity or individual establishing 10 the trust account, and the name of the game promotion for 11 which the trust account has been established. Such form shall 12 be filed with the Department of State at least 7 days in 13 advance of the commencement of the game promotion. In lieu of 14 establishing such trust account, the operator may obtain a 15 surety bond in an amount equivalent to the total value of all 16 prizes offered; and such bond shall be filed with the 17 Department of State at least 7 days in advance of the 18 commencement of the game promotion. 19 1. The moneys held in the trust account may be 20 withdrawn in order to pay the prizes offered only upon 21 certification to the Department of State of the name of the 22 winner or winners and the amount of the prize or prizes and 23 the value thereof. 24 2. If the operator of a game promotion has obtained a 25 surety bond in lieu of establishing a trust account, the 26 amount of the surety bond shall equal at all times the total 27 amount of the prizes offered. 28 (b) The Department of State may waive the provisions 29 of this subsection for any operator who has conducted game 30 promotions in the state for not less than 5 consecutive years 31 and who has not had any civil, criminal, or administrative 4 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 249 1 action instituted against him by the state or an agency of the 2 state for violation of this section within that 5-year period. 3 Such waiver may be revoked upon the commission of a violation 4 of this section by such operator, as determined by the 5 Department of State. 6 (5) Every operator of a game promotion in which the 7 total announced value of the prizes offered is greater than 8 $5,000 shall provide the Department of State with a certified 9 list of the names and addresses of all persons, whether from 10 this state or from another state, who have won prizes which 11 have a value of more than $25, the value of such prizes, and 12 the dates when the prizes were won within 60 days after such 13 winners have been finally determined. The operator shall 14 provide a copy of the list of winners, without charge, to any 15 person who requests it. In lieu of the foregoing, the 16 operator of a game promotion may, at his option, publish the 17 same information about the winners in a Florida newspaper of 18 general circulation within 60 days after such winners have 19 been determined and shall provide to the Department of State a 20 certified copy of the publication containing the information 21 about the winners. The operator of a game promotion is not 22 required to notify a winner by mail or by telephone when the 23 winner is already in possession of a game card from which the 24 winner himself can determine that he has won a designated 25 prize. All winning entries shall be held by the operator for 26 a period of 90 days after the close or completion of the game. 27 (6) The Department of State shall keep the certified 28 list of winners for a period of at least 6 months after 29 receipt of the certified list. The department thereafter may 30 dispose of all records and lists. 31 5 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 249 1 (7) No operator shall force, directly or indirectly, a 2 lessee, agent, or franchise dealer to purchase or participate 3 in any game promotion. For the purpose of this section, 4 coercion or force shall be presumed in these circumstances in 5 which a course of business extending over a period of 1 year 6 or longer is materially changed coincident with a failure or 7 refusal of a lessee, agent, or franchise dealer to participate 8 in such game promotions. Such force or coercion shall further 9 be presumed when an operator advertises generally that game 10 promotions are available at its lessee dealers or agent 11 dealers. 12 (8)(a) The Department of State shall have the power to 13 promulgate such rules and regulations respecting the operation 14 of game promotions as it may deem advisable. 15 (b) Whenever the Department of State or the Department 16 of Legal Affairs has reason to believe that a game promotion 17 is being operated in violation of this section, it may bring 18 an action in the circuit court of any judicial circuit in 19 which the game promotion is being operated in the name and on 20 behalf of the people of the state against any operator thereof 21 to enjoin the continued operation of such game promotion 22 anywhere within the state. 23 (9)(a) Any person, firm, or corporation, or 24 association or agent or employee thereof, who engages in any 25 acts or practices stated in this section to be unlawful, or 26 who violates any of the rules and regulations made pursuant to 27 this section, is guilty of a misdemeanor of the second degree, 28 punishable as provided in s. 775.082 or s. 775.083. 29 (b) Any person, firm, corporation, association, agent, 30 or employee who violates any provision of this section or any 31 of the rules and regulations made pursuant to this section 6 CODING: Words stricken are deletions; words underlined are additions. ENROLLED 1997 Legislature CS/HB 249 1 shall be liable for a civil penalty of not more than $1,000 2 for each such violation, which shall accrue to the state and 3 may be recovered in a civil action brought by the Department 4 of State or the Department of Legal Affairs. 5 (10) This section does not apply to actions or 6 transactions regulated by the Department of Business and 7 Professional Regulation or to the activities of nonprofit 8 organizations or to any other organization engaged in any 9 enterprise other than the sale of consumer products or 10 services. Subsections (3), (4), (5), (6), and (7) and 11 paragraph (8)(a) of this section and any of the rules made 12 pursuant thereto do not apply to television or radio 13 broadcasting companies licensed by the Federal Communications 14 Commission. 15 Section 3. This act shall take effect upon becoming a 16 law. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7