An Exclusive Interview With Florida's Top Sweepstakes Regulator - Part Two

In yesterday's post, we met Liz Compton, the chief of the Bureau of Compliance at the Florida Department of Agriculture and Consumer Services.

Liz kindly agreed to an interview, and told us about her journalism background, her role in Florida's job creation efforts, and the strangest sweepstakes she's ever encountered: A promotion for a New York-style colonoscopy.

Today in our discussion with Liz, we tackle some real sweepstakes issues encountered by companies across the country who register their promotions in Florida.

Dale Joerling: If, for whatever reason, a sponsor does not register a sweepstakes that is required to be registered in Florida, what should it do if:

a. The sweepstakes has not begun, but the deadline for filing the registration has passed; b. The sweepstakes has begun and is underway but no winners have been selected; and, c. The sweepstakes is over, the winners have been selected and the prizes delivered?

Liz Compton: In all instances, you must file a registration. Penalties will be assessed for late filings.

Dale Joerling: What should a sponsor do if the actual value of a prize was estimated to be under $5,000 but turns out (after the sweepstakes is over) to exceed $5,000 and the sweepstakes has not been registered in Florida?

Liz Compton: If the prize amount adds up to more than $5,000 they have to register with the Florida Department of Agriculture and Consumer Services. If they don't register seven days in advance of the start of the sweepstakes, they are subject to penalties. Sweepstakes with prizes close to $5,000 that could go over should err on the side of caution and register with the department.

Dale Joerling: What are the most common mistakes made by those registering sweepstakes in Florida?

Liz Compton: The number one occurrence is not filing in a timely manner. Another issue we see is not properly identifying the promotion's operator.

Dale Joerling: How do you define "operator"? How do sweepstakes registrants fail to properly identify the operator? Can you give an example?

Liz Compton: An "operator" is any person, firm, corporation, or association or agent or employee thereof who promotes, operates, or conducts a game promotion, except any charitable nonprofit organization. The operator noted...