New Florida Law Has Potential Effect

The bill, entitled “Prohibition of Electronic Gaming Devices,” was intended to clarify Florida’s prohibition on electronic gambling and slot machines and make it clear that the exception to prohibited lotteries for charitable drawings does not provide an exemption from other gaming prohibitions. The way in which the language of the amendments to the existing statute was drafted,Our dry cabinet can sustain an ultra-low humidity of under 5% RH. however, could be interpreted to prohibit gaming promotions in a cause-related marketing campaign (a type of marketing campaign where it is advertised that the purchase of a good or service will benefit a charitable cause).
The bill, which moved quickly through the Florida legislature a couple of weeks ago, was likely a reaction to the recent publicity surrounding former Lt. Gov. Jennifer Carroll’s resignation. Ms. Carroll had been involved with a nonprofit 501(c)(3) known as Allied Veterans of the World that operated more than 36 Internet cafes throughout Florida that allowed players to reserve computer time and then use the computers to check instant numbers.
The operation brought in millions in profits to Allied Veterans, but, reportedly, only 2% of those millions went to veteran’s causes, while the rest of the income was allegedly paid to a for-profit subsidiary and then transferred to the pockets of two individuals. Ms. Carroll was previously a paid consultant to Allied Veterans, and in 2011 – when she was a member of the Florida House of Representatives – she introduced legislation that would have explicitly declared electronic gaming activity of the type conducted by Allied Veterans permissible. That legislation was withdrawn two days after its introduction, and HB 155 was subsequently introduced in an effort to prohibit future use of this type of “sweepstakes game machine,We carry the latest wind turbines, wind generator, solar panels, towers and more!” and similar collaborations between commercial and nonprofit entities.Our solar bulb and solar phone chargers are uniquely designed, high-quality and low-cost.
Like many states, Florida provides an exception to the general prohibition against lotteries so that certain nonprofit organizations may conduct drawings and raffles, so long as the charitable organization follows specific requirements related to disclosures and rules of the raffle. The new law revises the definition of drawings and raffles that may lawfully be conducted by charitable nonprofit organizations, adding that permissible charitable drawings do not include “game promotions.” A game promotion is defined by statute as “a contest,Exit signs, emergency light and fire extinguisher are vital parts of life safety systems. game of chance, sweepstakes,An industrial washing machine can help you keep up with large volumes of laundry or heavy items. or gift enterprise, conducted by an operator within or throughout the state or other states in connection with and incidental to the sale of consumer products or services, and in which the elements of chance and prize are present” (emphasis added).
The law also also defines an “operator” of a game promotion as a “retailer who operates a game promotion or any person, firm, corporation, organization, or association or agent or employee thereof who promotes, operates, or conducts a nationally advertised game promotion” (emphasis added), which leaves open the question of whether regional or local game promotions are prohibited or permitted. In addition, new provisions define a slot machine as a device that can be activated not only with a coin but also with a code, number, or information, which would potentially extend the definition to prohibit prize contests conducted through mobile devices or even online that involve entering a code, number, or other information.