| 1 | The Agriculture Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to game promotions; amending s. 849.094, |
| 7 | F.S.; revising requirements for game promotions in |
| 8 | connection with the sale of consumer products or services; |
| 9 | providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (3) of section 849.094, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 849.094 Game promotion in connection with sale of consumer |
| 16 | products or services.-- |
| 17 | (3) The operator of a game promotion in which the total |
| 18 | announced value of the prizes offered is greater than $5,000 |
| 19 | shall file with the Department of Agriculture and Consumer |
| 20 | Services a copy of the rules and regulations of the game |
| 21 | promotion and a list of all prizes and prize categories offered |
| 22 | at least 7 days before the commencement of the game promotion. |
| 23 | Such rules and regulations may not thereafter be changed, |
| 24 | modified, or altered. The operator of a game promotion shall |
| 25 | conspicuously post the rules and regulations of such game |
| 26 | promotion in each and every retail outlet or place where such |
| 27 | game promotion may be played or participated in by the public |
| 28 | and shall also publish the rules and regulations in all |
| 29 | advertising copy used in connection therewith. However, such |
| 30 | advertising copy need only include the material terms of the |
| 31 | rules and regulations if the advertising copy includes a website |
| 32 | address, a toll-free telephone number, or a mailing address |
| 33 | where the full rules and regulations may be viewed, heard, or |
| 34 | obtained for the full duration of the game promotion. Such |
| 35 | disclosures must be legible. Radio and television announcements |
| 36 | may indicate that the rules and regulations are available at |
| 37 | retail outlets or from the operator of the promotion. A |
| 38 | nonrefundable filing fee of $100 shall accompany each filing and |
| 39 | shall be used to pay the costs incurred in administering and |
| 40 | enforcing the provisions of this section. |
| 41 | Section 2. This act shall take effect July 1, 2005. |