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The Committee on Agriculture (Diaz de la Portilla) recommended

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the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 243-244

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and insert:

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     Section 9.  Present subsections (8), (9), and (10) of

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section 849.094, Florida Statutes, are renumbered as subsections

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(9), (10), and (11), respectively, and a new subsection (8) is

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added to that section, to read:

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     849.094  Game promotion in connection with sale of consumer

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products or services.--

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     (8) An operator who elects to conduct a computer-based

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electronic sweepstakes game promotion in connection with the sale

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of any consumer product or service, regardless of the total

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announced value of the prizes, shall receive written approval

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from the Department of Agriculture and Consumer Services in order

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to conduct the game promotion if the operator:

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     (a) Files an electronic sweepstakes game promotion

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application with the Department of Agriculture and Consumer

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Services and provides a complete list of available sweepstake

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prizes and the odds of winning each prize and pays any applicable

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fees per computer terminal;

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     (b) Establishes a trust account or posts a surety bond in

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the amount of $1 million, unless exempted by the Department of

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Agriculture and Consumer Services pursuant to paragraph (4)(b);

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and

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     (c) Obtains an independent certification from a gaming

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device testing laboratory approved by the Department of

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Agriculture and Consumer Services or the Department of Business

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and Professional Regulation confirming that the computer-based

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electronic sweepstakes game promotion is using a finite software

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game system to determine sweepstake winners and all advertised

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prizes are obtainable. An operator who has conducted game

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promotions in this state for at least 5 consecutive years and who

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has not had any civil, criminal, or administrative action

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instituted against him or her by an agency of the state for

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violation of this section within that 5-year period may be

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exempted from this subsection.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 32, after the semicolon,

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insert:

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amending s. 849.094, F.S.; providing for computer-based

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electronic sweepstakes game promotions in connection with

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the sale of a consumer product or service; providing

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operator requirements; requiring the written approval of

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the Department of Agriculture and Consumer Services;

3/18/2008  5:59:00 PM     575-05265-08