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Can I offer contests that involve travel prizes in Florida? What are the requirements?

To offer contests that involve travel prizes in Florida, you must comply with the requirements set forth in the Florida Sellers of Travel Law, Chapter 559, Part III, Florida Statutes, and the rules promulgated thereunder.

Requirements to offer contests that involve travel prizes in Florida

  • Register as a seller of travel with the Florida Department of Agriculture and Consumer Services [4.3].
  • Submit and disclose to the department with the application for registration, and any time such document is changed, but prior to the sale of any vacation certificate, the materials listed in Florida Statute 559.9295 [4.1]. These materials include a copy of the contract by which the rights, obligations, benefits, and privileges resulting from purchase of a vacation certificate are established, a copy of each promotional brochure, pamphlet, form letter, registration form, or any other written material disseminated in connection with the advertising, promotion, or sale of any vacation certificate, a verbatim script of each radio, television, or movie, or other similar advertisement, broadcast to the public in connection with the advertising, promotion, or sale of any vacation certificates, and a transcript of any standard verbal sales presentation utilized in connection with the advertising, promotion, or sale of vacation certificates.
  • Comply with the requirements set forth in Florida Statute 24.115 regarding the payment of prizes, including the requirement that no prize shall be paid upon a ticket purchased or sold in violation of the Florida Sellers of Travel Law or to any person who is prohibited from purchasing a lottery ticket pursuant to this act [1.1].
  • Any promotional materials that include terms such as “free,” “awarded,” “prize,” “absolutely without charge,” and “free of charge,” or similar words or groups of words, which might reasonably lead a person to believe that he or she may receive, or has been selected to receive, something of value without making full or partial compensation in any form from the recipient must clearly and conspicuously display a disclosure in at least 12-point type that “THIS IS NOT A FREE OFFER. SEE TERMS AND CONDITIONS VIA WEBSITE).COM. RESPONSE TO THIS OFFER DOES NOT GUARANTEE TRAVEL” [4.1].

Additional Information

  • Approval of Travel and Entertainment Expenses 57-50 57-50.002 requires that all travel and entertainment expenses must be authorized and approved by the President, Chief Financial Officer of Space Florida, or their designees [2.1].
  • Procedures for Awarding Prizes (Replaced by 53ER92-66) 53ER92-66 Procedures for Awarding Prizes 53ER92-66 Procedures for Awarding Prizes. Rulemaking Authority 24.112(1), 24.105(10)(a), (d), (e), 24.115(1) FS. Law Implemented 24.105(10)(a), (d), (e), 24.115(1) FS. History–New 7-24-92, Replaces 53ER92-51, Replaced by 53ER93-24 [3.3].
  • Criminal penalties. Any person or business that violates this part: (1) Commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 [4.2].

Please note that this response is based on the information provided and may not be exhaustive.

Source(s):
Jurisdiction

Florida