Notice of Proposed Rule

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Consumer Services
Rule No.: RULE TITLE
5J-14.003: Filing Requirements
PURPOSE AND EFFECT: The purpose and effect of proposed Rule 5J-14.003, F.A.C., is to implement Section 849.094(3), (4), F.S. through the use of DACS Form 10951, Game Promotions Filing Packet, Rev. 8/10.
SUMMARY: Proposed Rule 5J-14.003, F.A.C., establishes the official filing form for businesses who want to operate a game promotion in Florida, including the proper surety bond form, Game Promotion Statement of Trust Account language, and Affidavit of Request for Waiver of Trust Account or Surety Bond.
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)(a) FS.
LAW IMPLEMENTED: 849.094(3), (4) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
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 5 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. Phone (850)410-3692. 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 IS: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. Phone (850)410-3692

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-14.003 Filing Requirements.

(1) Any person who intends to conduct a game promotion in this state pursuant to Section 849.094, F.S., including electronic promotions, shall file with the Department DACS Form-10951, Game Promotions Filing Packet Rev. 8/10, hereby incorporated by reference. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Attention: Game Promotions, 2005 Apalachee Parkway, Terry L. Rhodes Bldg, Tallahassee, Florida 32399-6500, or accessed online at: http://www.doacs.state.fl.us/onestop/forms/10951.pdf.

(2) If filing a surety bond pursuant to Section 849.094(4)(a), F.S., the applicant shall use the Game Promotion Surety Bond document included in DACS Form 10951, Game Promotion Filing Packet, Rev. 8/10.

(3) If filing a Statement of Trust Account pursuant to Section 849.094(4)(a), F.S., the applicant shall use the Statement of Trust Account terms included in DACS Form 10951, Game Promotion Filing Packet, Rev. 8/10.

(4) Any operator requesting a waiver of the security requirements under this section shall use the Affidavit of Request for Waiver of Trust Account or Surety Bond included in DACS Form 10951, Game Promotion Filing Packet, Rev. 8/10.

Rulemaking Authority 849.094(8)(a) FS. Law Implemented 849.094(3), 849.094(4)(a), (b) FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Miriam S. Wilkinson, Assistant Director, Division of Consumer Services, Terry L. Rhodes Building, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, Phone (850)410-3692
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles H. Bronson, Commissioner
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 9, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 24, 2010