The Florida Sweepstakes Law, Florida Statutes 849.094, governs game promotions, which include most social media giveaways and sweepstakes tied to the sale or promotion of consumer products. It is a long-standing statute that remains continuously in force.
Florida Sweepstakes Law Filing and Bonding Rules
Any covered promotion with a total prize value over $5,000 must be filed with the Florida Department of Agriculture and Consumer Services at least 7 days before it starts, with a $100 fee, the full rules, and a list of prizes. The operator must also post either a trust account or surety bond covering the full prize value. Full rules must be conspicuously available, material terms must appear in advertising or be reachable via a listed website or address, and a certified winners list must be filed within 60 days.
Penalties and Practical Options
Violations are criminal misdemeanors and can also draw civil penalties. Brands running Instagram or TikTok giveaways open to Florida residents with big prize pools either need to complete the filing and bonding or cap total prizes below $5,000. Many national brands simply exclude Florida and New York in their official rules when they skip registration.
Source: Florida Legislature: Florida Statutes 849.094
Report a violation: If you believe a business is violating this law, you can file a complaint with the Florida Attorney General Consumer Protection Division.
