HB 0335CS


1The Agriculture Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to game promotions; amending s. 849.094,
7F.S.; revising requirements for game promotions in
8connection with the sale of consumer products or services;
9providing an effective date.
11Be It Enacted by the Legislature of the State of Florida:
13     Section 1.  Subsection (3) of section 849.094, Florida
14Statutes, is amended to read:
15     849.094  Game promotion in connection with sale of consumer
16products or services.--
17     (3)  The operator of a game promotion in which the total
18announced value of the prizes offered is greater than $5,000
19shall file with the Department of Agriculture and Consumer
20Services a copy of the rules and regulations of the game
21promotion and a list of all prizes and prize categories offered
22at least 7 days before the commencement of the game promotion.
23Such rules and regulations may not thereafter be changed,
24modified, or altered. The operator of a game promotion shall
25conspicuously post the rules and regulations of such game
26promotion in each and every retail outlet or place where such
27game promotion may be played or participated in by the public
28and shall also publish the rules and regulations in all
29advertising copy used in connection therewith. However, such
30advertising copy need only include the material terms of the
31rules and regulations if the advertising copy includes a website
32address, a toll-free telephone number, or a mailing address
33where the full rules and regulations may be viewed, heard, or
34obtained for the full duration of the game promotion. Such
35disclosures must be legible. Radio and television announcements
36may indicate that the rules and regulations are available at
37retail outlets or from the operator of the promotion. A
38nonrefundable filing fee of $100 shall accompany each filing and
39shall be used to pay the costs incurred in administering and
40enforcing the provisions of this section.
41     Section 2.  This act shall take effect July 1, 2005.

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