Florida Senate - 2013                                    SB 1030
       
       
       
       By Senator Thrasher
       
       
       
       
       6-00766B-13                                           20131030__
    1                        A bill to be entitled                      
    2         An act relating to sweepstakes devices; providing
    3         legislative intent; creating s. 849.0945, F.S.;
    4         providing definitions; prohibiting the use of certain
    5         sweepstakes devices; providing an exception for
    6         operators who were using such devices on or before a
    7         specified date; requiring local governments to renew
    8         certain permits, licenses, or permissions to operate
    9         such devices; authorizing certain officials to seek
   10         injunctive relief against operators who violate this
   11         act; limiting the scope of the act; providing for
   12         future repeal; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. (1) The Legislature finds that there is an
   17  increasing proliferation of establishments that use computer or
   18  video displays to show the results of sweepstakes, contests, or
   19  other game promotions, which has created uncertainty and
   20  inconsistency in the application of existing laws, and further
   21  finds that the continued increase of such electronic devices may
   22  lead to adverse effects on persons in this state.
   23         (2) The Legislature also finds that to provide for the
   24  uniform and clear enforcement of existing law, to preserve the
   25  public peace and order, and to safeguard the health, safety, and
   26  welfare of the residents of this state, the Legislature should
   27  study these issues and pass appropriate legislation.
   28         (3) Therefore, the Legislature intends to limit the
   29  expansion and use of certain electronic devices in connection
   30  with game promotions until the Legislature can study the issue
   31  and enact appropriate legislation.
   32         Section 2. Section 849.0945, Florida Statutes, is created
   33  to read:
   34         849.0945 Use of electronic devices in connection with game
   35  promotions; moratorium.—
   36         (1) As used in this section, the term:
   37         (a) “Game promotion” means the same as in s. 849.094.
   38         (b) “Operator” means the same as in s. 849.094.
   39         (c) “Sweepstakes device” means an electronic machine or
   40  device operated by or in interaction with a participant in a
   41  game promotion if the machine or device is:
   42         1. Owned, leased, or otherwise controlled by the operator
   43  or a partner, affiliate, subsidiary, contractor, or agent of the
   44  operator; and
   45         2. Located in an establishment owned, leased, or controlled
   46  by the operator or a partner, affiliate, subsidiary, contractor,
   47  or agent of the operator.
   48         (2) An operator may not use a sweepstakes device unless the
   49  operator was using it on or before July 1, 2013. An operator who
   50  was using a sweepstakes device on or before July 1, 2013, may
   51  continue to operate the device if the operator files an
   52  affidavit with the Department of Agriculture and Consumer
   53  Services by August 1, 2013, stating the address where each
   54  device is located and attesting to its use on or before July 1,
   55  2013, and updates the affidavit at the time of any change.
   56         (3) Upon the expiration of a current permit, license, or
   57  other permission to operate that was issued by a county or
   58  municipality to such operator, the county or municipality shall
   59  renew the permit, license, or other permission to operate the
   60  device pursuant to its ordinances and procedures. However, no
   61  new permits, licenses, or other permission to operate may be
   62  issued to any operator that has not met the requirements of this
   63  section.
   64         (4) The Attorney General or the state attorney for the
   65  judicial circuit in which a sweepstakes device is located may
   66  seek injunctive relief against an operator who operates it in
   67  violation of this section.
   68         (5) This section does not prevent or limit a county or
   69  municipality from otherwise regulating the use of sweepstakes
   70  devices in its jurisdiction.
   71         (6) This section may not be construed to allow the use of a
   72  mechanical or electromechanical reel in connection with a game
   73  promotion.
   74         (7) This section shall stand repealed on July 1, 2015.
   75         Section 3. This act shall take effect July 1, 2013.