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.
SUBJECT AREA TO BE ADDRESSED: Rule 5J-14.003, F.A.C., defines terms used in the administration of the game promotion statute.
SPECIFIC AUTHORITY: 849.094(8) FS.
LAW IMPLEMENTED: 849.094(1), 849.094(3), 849.094(5) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: Thursday, September 6, 2007, 10:00 a.m.
PLACE: Department of Agriculture and Consumer Services, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 10 days before the workshop/meeting by contacting: Miriam S. Wilkinson, Assistant Director, Department of Agriculture and Consumer Services, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, telephone: (850)488-2221. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Miriam S. Wilkinson, Assistant Director, Department of Agriculture and Consumer Services, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, telephone: (850)488-2221
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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),
(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. HistoryNew_______.
