The purpose and effect of this Rule 5J-14.004, F.A.C., is to clarify the statutory requirement for filing each game promotion separately.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services

RULE NO: RULE TITLE
5J-14.004: Separate Promotions
PURPOSE AND EFFECT: The purpose and effect of this Rule 5J-14.004, F.A.C., is to clarify the statutory requirement for filing each game promotion separately.
SUMMARY: Rule 5J-14.004, F.A.C., applies the requirement for filing separate game promotions to situations where a single entity simultaneously operates similar games.
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(3) 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, 3:00 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-14.004 Separate Promotions.

(1) Each single contest, game of chance, or gift enterprise is a separate game promotion.

(2) A single contest, game of chance, or gift enterprise consists of a finite number of readily-identifiable elements, entitling a player to an award of one of the designated prizes, within a greater number of elements which do not entitle the player to a prize award.

(3) Multiple physical locations linked to a central data processing facility, which is owned, controlled, or maintained by the Operator, do not constitute a single game promotion if:

(a) The contests, games of chance, or gift enterprises conducted at one or more of the physical locations have different rules of operation; or

(b) The contests, games of chance, or gift enterprises conducted at one or more of the physical locations award different designated prizes; or

(c) The contests, games of chance, or gift enterprises conducted at one or more of the physical locations have different periods of duration; or

(d) The odds of a player receiving a winning element in one location are adjusted constantly by one or more mathematical calculations, whether performed in the central data processing facility or in a separate physical location, and thus differ at any time from the odds of another player in another location receiving a winning element; or

(e) Without notice to any player, each separate location may proceed immediately to a subsequent contest, game of chance, or gift enterprise once the winning elements for all designated prizes are awarded to players.

Specific Authority 849.094(8) FS. Law Implemented 849.094(3) FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Department of Agriculture and Consumer Services
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: LuAnn Stiles, Director, Division of Consumer Services, Department of Agriculture and Consumer Services
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 18, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 17, 2007