According to Adam H Putnam, Commissioner of Florida Department of Agriculture and Consumer Services, game promotion is defined as a contest, game of chance, sweepstakes, or gift enterprise, conducted by an operator within or throughout the state and 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.
Game promotions offering prizes totaling more than $5,000 must file with the department seven days prior to commencement. Even game promotions based in other states must be filed if they are conducted in Florida and/or are open to Florida residents and have prizes valued at more than $5,000.
If you determine that your “promotion” is required to be registered in the State of Florida, you can now file your Gaming and Promotion Application online with the Florida Department of Agriculture and Consumer Services. It’s important to note that a surety bond or statement of trust is required from the operator unless they have conducted game promotions in Florida for at least five consecutive years and they have had no civil, criminal or administrative actions instituted against them for a violation of section 849.049, Florida Statutes, during that five year period.
For more information on State of Florida Gaming and Promotion laws visit their website, I find it very easy to navigate and you can download all the necessary forms. For more background on the legality of gaming and promotion laws and for information on how to manage all aspects of your small business I am fond of Legal Zoom.