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.
SUBJECT AREA TO BE ADDRESSED: 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.
SPECIFIC AUTHORITY: 849.094(8) FS.
LAW IMPLEMENTED: 849.094(3) 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, 11:00 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, 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, 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-14.004 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. HistoryNew_________.
