Senate Bill 1980

    Florida Senate - 2000                                  SB 1980

    By Senator King





    8-1414-00

  1                      A bill to be entitled

  2         An act relating to duties of commercial

  3         co-venturers; amending s. 496.414, F.S.;

  4         requiring the Department of Agriculture and

  5         Consumer Services to adopt rules requiring

  6         disclosure, in advertising for a charitable or

  7         sponsor sales promotion, of information

  8         relating to the amount that will benefit the

  9         charity or sponsor or the charitable or sponsor

10         purpose; providing an effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Section 496.414, Florida Statutes, is

15  amended to read:

16         496.414  Duties of commercial co-venturers.--

17         (1)  Prior to the commencement of any charitable or

18  sponsor sales promotion in this state conducted by a

19  commercial co-venturer on behalf of a charitable organization

20  or sponsor, the commercial co-venturer must obtain the written

21  consent of the charitable organization or sponsor whose name

22  will be used during the charitable or sponsor sales promotion.

23         (2)  If determined to be essential To protect the

24  public from fraudulent or deceptive advertising, the

25  department shall may, in accordance with chapter 120, adopt

26  rules requiring disclosure in advertising for a charitable or

27  sponsor sales promotion of information relating to the portion

28  or amount that will benefit the charitable organization or

29  sponsor or the charitable purpose or sponsor purpose.

30         (3)  A final accounting for each charitable or sponsor

31  sales promotion must be prepared by the commercial co-venturer

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1980
    8-1414-00




  1  following the completion of the sales promotion. The final

  2  accounting must be provided to the charitable organization or

  3  sponsor on whose behalf the sales promotion was conducted

  4  within 10 days after a request by the charitable organization

  5  or sponsor. The final accounting must be kept by the

  6  commercial co-venturer for a period of 3 years, unless the

  7  commercial co-venturer and the charitable organization or

  8  sponsor mutually agree that the accounting should be kept by

  9  the charitable organization or sponsor instead of the

10  commercial co-venturer. A copy of the final accounting must be

11  provided to the department no later than 10 working days after

12  the department requests it.

13         Section 2.  This act shall take effect July 1, 2000.

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16                          SENATE SUMMARY

17    Requires the Department of Agriculture and Consumer
      Services to adopt rules requiring disclosure, in
18    advertising for a charitable or sponsor sales promotion,
      of information relating to the amount that will benefit
19    the charity or sponsor or the charitable or sponsor
      purpose.
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