The purpose and effect of this Rule 5J-14.003, F.A.C., is to define additional terms used to implement Section 849.094, F.S.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services

RULE NO: RULE TITLE
5J-14.003: Definitions
PURPOSE AND EFFECT: The purpose and effect of this Rule 5J-14.003, F.A.C., is to define additional terms used to implement Section 849.094, F.S.
SUMMARY: Rule 5J-14.003, F.A.C., defines terms used in the administration of the game promotion statute.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 849.094(8) FS.
LAW IMPLEMENTED: 849.094(1), 849.094(3), 849.094(5) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Tuesday, October 30, 2007, 1:00 p.m.
PLACE: Department of Agriculture and Consumer Services, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, phone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-14.003 Definitions.

(1) “Commencement of the game promotion” shall mean the date the game promotion begins which is disclosed in the filing made to the Department pursuant to Section 849.094(3), Florida Statutes.

(2) As used in these rules, “element” shall mean:

(a) A unique component of a contest, game of chance, or gift enterprise;

(b) Which is allocated to a single participant by operation of the rules of the contest, game of chance, or gift enterprise; and

(c) Which is the factor determining whether or not the participant is entitled to a prize under the rules of the contest, game of chance, or gift enterprise.

(3) “In connection with the sale of consumer products or services” shall mean the opportunity for a consumer to participate in the contest, game of chance, or gift enterprise directly results from the completion of a single retail sales transaction between a merchant or service provider and an end-use purchaser of the product or service.

(a) Any means by which a player may provide direct consideration for continued participation in the contest, game of chance, or gift enterprise after completion of the retail sales transaction is not “in connection with the sale of consumer products or services” and shall be deemed separate and apart from participation in the game promotion.

(b) Conversion of any prize awarded by participation in the contest, game of chance, or gift enterprise directly into additional opportunities to continue such participation is not “in connection with the sale of consumer products or services” and shall be deemed separate and apart from participation in the game promotion.

(4) “Operator” shall include “sponsor,” “promoter,” or “administrator.”

Specific Authority 849.094(8) FS. Law Implemented 849.094(1), 849.094(3), 849.094(5) FS. History–New_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, phone [phone]
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: LuAnn Stiles, Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, phone [phone]
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 18, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 17, 2007