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.