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Florida Sweepstakes Registration: FDACS Filing Requirements Explained

Complete guide to Florida sweepstakes registration with the Department of Agriculture, including FDACS-10951 filing, surety bond requirements, and trust account options.

Comprizant TeamJanuary 5, 202616 min read

Florida is one of three U.S. states — alongside New York and Rhode Island — that requires advance registration of sweepstakes promotions above a certain prize threshold. But unlike New York, where filings go through the Department of State, Florida's sweepstakes registration is handled by the Florida Department of Agriculture and Consumer Services (FDACS). This distinction trips up first-time filers more often than you might expect.

This guide walks through the complete Florida registration process step by step: when you need to file, what the FDACS-10951 form requires, how the surety bond and trust account requirements work, and the common mistakes that delay or derail filings.

If you are running a national sweepstakes open to U.S. residents, Florida registration is likely on your checklist. Here is everything you need to get it right.

When Is Florida Registration Required?

Florida Statute Section 849.094 governs "game promotions" — the state's legal term for sweepstakes, contests, and similar promotional drawings. The registration requirement is triggered when all three of the following conditions are met:

  1. The total combined approximate retail value (ARV) of all prizes exceeds $5,000. This is the aggregate value across every prize tier — not just the grand prize. If you are offering a $3,000 grand prize, five $300 second-place prizes, and fifty $20 gift cards, your total ARV is $5,500, and you must register.

  2. The promotion is open to Florida residents. If your eligibility rules include Florida (or all 50 states), you are subject to Florida's filing requirements. Excluding Florida from your eligible states eliminates the requirement — but also eliminates access to one of the largest consumer markets in the country.

  3. The promotion qualifies as a "game promotion." Florida defines this broadly. Any advertising or marketing scheme where prizes are awarded based on chance — including random drawings, instant win games, and collect-and-win promotions — falls under the statute. The definition is intentionally wide, and the FDACS interprets it inclusively.

A common question: does the $5,000 threshold apply per prize or in total? It applies to the combined value of all prizes offered. If you are running a tiered prize structure, you must add up every prize at every level. This includes the retail value of non-cash prizes like electronics, travel packages, or gift cards.

For a broader overview of which states require registration and at what thresholds, see our state-by-state registration guide.

The FDACS-10951 Form: A Complete Walkthrough

The Florida game promotion registration is filed using FDACS Form 10951, officially titled "Game Promotion Registration." The form is a five-page packet, and each page serves a distinct purpose. Understanding the structure before you start filling it out will save time and prevent rejected filings.

Pages 1-2: The Registration Itself

The first two pages constitute the core registration. This is where you provide the FDACS with the essential details of your promotion.

Promotion identification:

The name of the game promotion should match the name used in your official rules and marketing materials exactly. If your promotion is called "Summer Savings Sweepstakes," use that name — not a shortened version or internal project code. You will also need the start date (first day entries are accepted), end date (last day entries are accepted), and drawing date(s). For instant win promotions, the drawing date can be described as "winners determined at time of entry."

Operator information:

  • Legal name of the operator. This is the entity responsible for administering the promotion. It may be the brand itself or a third-party sweepstakes administrator.
  • Physical address. A street address is required — P.O. boxes are generally not accepted for the primary address.
  • Phone number. A working phone number where the FDACS can reach the operator.
  • Federal Employer Identification Number (EIN). The operator's federal tax ID.
  • Contact person. The name and direct contact information for the individual responsible for the filing. This person should be prepared to respond to FDACS inquiries.

Product or service description:

  • You must describe the product or service being promoted. The FDACS wants to understand the commercial context of the promotion — what is being advertised and to whom.

Prize information:

  • Description of each prize. Every prize tier must be listed with a clear description. "Gift card" is not sufficient — specify "One (1) $500 Amazon.com gift card" or "One (1) 65-inch Samsung QLED television."
  • Approximate retail value (ARV) of each prize. For non-cash prizes, use the fair market value. For cash prizes, the ARV is the face value.
  • Combined total value of all prizes. This is the number the FDACS uses to determine bond or trust requirements and to verify you meet the registration threshold.
  • Number of prizes at each tier. Specify quantities clearly — "Ten (10) gift cards valued at $100 each" rather than "$1,000 in gift cards."

Page 3: Trust Account Information

Page 3 is used if you are establishing a trust account as your financial guarantee for prize fulfillment (more on this in the surety bond section below). If you are posting a surety bond instead, or if you qualify for a waiver, you will still submit this page but indicate that it does not apply.

The trust account option requires you to provide:

  • Name and address of the financial institution holding the trust
  • Account number
  • Amount held in trust (must equal or exceed the total combined prize value)
  • Certification that the funds are held exclusively for prize fulfillment

Page 4: Waiver Application

Page 4 is the bond and trust account waiver application. This is the page many first-time filers overlook — and it can save you significant cost and complexity. You may qualify for a waiver if:

  • The combined prize value is under $5,000 (in which case registration itself may not be required, but a waiver can be filed proactively), or
  • The operator has been in continuous business for three or more years and is in good standing

If you qualify for the waiver, you do not need to post a surety bond or establish a trust account. You still must complete and submit the registration (pages 1-2), but the financial guarantee requirement is waived.

The waiver application asks for documentation of the operator's business history, including the date the business was established and any relevant evidence of good standing (such as state business registration or a letter from the operator's state of incorporation).

Page 5: Winners List

Page 5 is the winners list form. This page is not submitted with the initial registration — it is retained for post-promotion compliance. After the promotion concludes, you must be prepared to provide a winners list within 60 days of receiving a request from either the FDACS or a consumer.

The winners list must include:

  • Name of each prize winner
  • City and state of residence (full addresses are not required on the public list)
  • Prize won and its approximate retail value

Filing Fee and Deadline

The registration must be accompanied by a $100 filing fee, payable to the Florida Department of Agriculture and Consumer Services. The fee is non-refundable regardless of whether the registration is approved, denied, or withdrawn.

The filing must be submitted at least 7 calendar days before the promotion start date. This is significantly shorter than New York's 30-day requirement, but it is still a firm deadline. The FDACS has rejected filings submitted fewer than 7 days before the start date, so do not count on last-minute submissions being accepted.

Filings can be submitted by mail to the FDACS Division of Consumer Services. Electronic filing availability varies — check the current FDACS website for the most recent submission options.

Surety Bond vs. Trust Account

Florida requires a financial guarantee that prizes will actually be awarded as promised. This guarantee takes one of two forms: a surety bond or a trust account. Understanding the difference — and knowing when you can avoid both — is critical to an efficient filing.

Surety Bond

A surety bond is a three-party agreement between you (the principal), the FDACS (the obligee), and a licensed surety company (the surety). The bond guarantees that if you fail to award the prizes as described in your registration, the surety company will cover the prize obligations up to the bond amount.

Key points about the surety bond option:

  • The bond amount must equal the total combined prize value. If your prizes total $25,000, you need a $25,000 bond.
  • The bond must be issued by a surety company licensed in Florida. Not all surety companies are licensed in every state — verify Florida licensing before purchasing.
  • Cost is typically 1-5% of the bond face value. For a $25,000 bond, expect to pay $250-$1,250 in premium. The actual rate depends on the operator's creditworthiness and the surety company's underwriting criteria.
  • Processing time varies. Simple bonds for established businesses can be issued in 1-3 business days. Larger bonds or first-time applicants may take 1-2 weeks. Factor this into your timeline.

For a detailed breakdown of bonding costs and how to find a surety provider, see our sweepstakes bonding requirements guide.

Trust Account

The trust account alternative allows you to deposit funds equal to the total prize value into a dedicated trust held at a financial institution. The funds are held exclusively for prize fulfillment and cannot be withdrawn for other purposes until all prizes have been awarded.

The trust account makes sense in a few specific situations: when you are running a high-value promotion where the bond premium would be substantial, when you have the cash available and prefer not to involve a surety company, or when you run frequent promotions and want to maintain an ongoing trust rather than purchasing individual bonds. The trust account requires more administrative setup (establishing the trust, providing documentation to the FDACS) but avoids the surety premium entirely.

When Neither Is Required: The Waiver

This is the part that saves many operators significant time and money. You do not need a surety bond or trust account if:

  1. The combined prize value is under $5,000. Below this threshold, registration itself is generally not required, and the financial guarantee provisions do not apply.

  2. The operator has been in continuous business for three or more years and can demonstrate good standing. This is the waiver available on page 4 of the FDACS-10951 packet.

If your company has been operating for three or more years, the waiver is almost always the right choice. It eliminates the cost of a bond or the administrative burden of a trust account while still satisfying Florida's filing requirements. Simply complete the waiver application on page 4 with documentation of your business history.

Many operators — especially established brands and agencies that run promotions regularly — qualify for this waiver but do not realize it exists because they skip page 4 of the form packet. This is the most common source of unnecessary expense in Florida filings. Check your eligibility before purchasing a bond.

Winners List Obligations

Florida's winners list requirement is straightforward but non-negotiable. After the promotion ends:

  • You must provide a winners list within 60 days of receiving a request. The request can come from the FDACS itself or from any consumer.
  • The list must include each winner's name, city and state of residence, and the prize awarded with its ARV.
  • You should disclose the winners list availability in your official rules. Standard language reads: "For a list of winners, send a self-addressed stamped envelope to [address] within 60 days of the promotion end date."

Unlike New York, which requires you to proactively file a winners list with the Department of State within 90 days, Florida's requirement is reactive — you only need to provide the list when asked. However, you must be prepared to respond promptly. Having the list ready before any request comes in is a best practice.

Failure to provide a winners list upon request can result in enforcement action by the FDACS, including fines and potential restrictions on future promotions in the state.

Common Mistakes to Avoid

1. Confusing Florida Filing with New York Filing

Florida and New York both require sweepstakes registration above $5,000 in total prize value, but the similarities largely end there. The agencies are different (FDACS vs. NY Department of State), the filing timelines are different (7 days vs. 30 days), the forms are different, and the post-promotion obligations are different. Do not assume that completing one state's filing means the other is similar. Treat each state's process independently.

For a side-by-side comparison, see our complete compliance guide.

2. Not Filing the Trust Account Waiver When Eligible

This is the most common source of unnecessary expense. Operators who have been in business for three or more years often purchase surety bonds because they are unaware the waiver exists. Before engaging a surety company, check whether you qualify for the waiver on page 4 of the FDACS-10951 packet. Three years of continuous operation with good standing is the only requirement.

3. Missing the Combined Value Calculation

The $5,000 threshold applies to the total combined value of all prizes, not just the top-tier prize. A promotion with a $2,000 grand prize, twenty $100 second-place prizes, and one hundred $15 gift cards has a combined ARV of $5,500 — and requires registration. Every prize tier, including low-value items, must be included in the calculation.

4. Filing Too Late

The 7-day advance filing requirement seems lenient compared to New York's 30 days, but it can still catch operators off guard — especially when combined with the time needed to obtain a surety bond (1-2 weeks) or establish a trust account. If you need a bond, start the process at least 3 weeks before your intended launch date to ensure the bond is in hand when you file with the FDACS.

5. Incomplete Prize Descriptions

The FDACS expects specific, detailed prize descriptions. Vague entries like "electronics" or "vacation package" will delay processing. Specify the make, model, and ARV of physical prizes. For experience-based prizes (trips, events), describe the components (airfare, hotel, tickets) and their individual values.

6. Forgetting the EIN

The operator's Federal Employer Identification Number is a required field. Sole proprietors who use their SSN for tax purposes still need an EIN for the FDACS filing. If you do not have an EIN, you can obtain one from the IRS at no cost, but allow a few business days for processing.

How Comprizant Automates Florida Registration

Filing Florida's requirements manually is doable, but it introduces opportunities for error, missed deadlines, and unnecessary costs — especially for brands running multiple promotions per year. Comprizant's compliance automation handles the Florida filing process end to end.

Automatic Detection

When you configure a campaign in Comprizant, the platform evaluates your prize structure and eligible states in real time. If your total combined ARV exceeds $5,000 and Florida is included in your eligible states, the system flags the Florida registration requirement immediately — before you launch.

FDACS-10951 Pre-Fill

Comprizant generates a pre-filled FDACS-10951 form using the campaign data you have already entered: promotion name, dates, operator information, prize descriptions, and combined ARV. Instead of manually transcribing data from your campaign configuration to a separate form, the system produces a ready-to-file document.

7-Day Deadline Tracking

The platform tracks the 7-day advance filing deadline relative to your campaign start date and surfaces alerts when the filing window is approaching. If you set a campaign start date and have not yet filed, you will receive a notification with enough lead time to complete the process.

Bond, Trust, or Waiver Determination

Based on the operator's business history and the total prize value, Comprizant determines whether you need a surety bond, a trust account, or whether you qualify for the page 4 waiver. For operators with three or more years of business history, the platform recommends the waiver path and generates the supporting documentation, eliminating the cost of an unnecessary bond.

Winners List Preparation

After the promotion concludes, Comprizant compiles the winners list in the format required by the FDACS, ready to submit within the 60-day response window. Winner data flows directly from the campaign's fulfillment records — no manual assembly required.

Checklist: Florida Sweepstakes Registration Timeline

Use this timeline alongside your overall compliance planning guide:

3-4 weeks before launch:

  • Calculate total combined prize ARV across all tiers
  • Determine if the $5,000 threshold is met
  • Assess waiver eligibility (3+ years in business)
  • If no waiver: begin surety bond or trust account process

2 weeks before launch:

  • Gather operator information (legal name, address, phone, EIN, contact person)
  • Prepare prize descriptions with specific ARVs
  • Obtain surety bond or establish trust account (if required)

7+ days before launch:

  • Complete and submit FDACS-10951 (all applicable pages)
  • Include $100 filing fee
  • Retain a copy of the filed registration for your records

During the promotion:

  • Maintain accurate entry and winner records
  • Monitor for any FDACS correspondence

After the promotion:

  • Prepare winners list (names, city/state, prize, ARV)
  • Respond to any winners list requests within 60 days
  • Retain all records for at least 3-4 years

Key Takeaways

  1. Florida sweepstakes registration is filed with the Department of Agriculture and Consumer Services (FDACS), not the Secretary of State. The form is FDACS-10951.

  2. Registration is required when total combined prize ARV exceeds $5,000 and the promotion is open to Florida residents.

  3. The filing deadline is 7 calendar days before the promotion start date, with a $100 non-refundable filing fee.

  4. Surety bond or trust account is required to guarantee prize fulfillment — unless you qualify for the waiver (under $5,000 in prizes or 3+ years of continuous business operation).

  5. The waiver on page 4 is the most overlooked cost-saving opportunity in the Florida filing process. Check your eligibility before purchasing a bond.

  6. Winners list must be provided within 60 days of a request from the FDACS or any consumer.

  7. Do not conflate Florida requirements with New York requirements. Different agencies, different timelines, different forms, different post-promotion obligations.


This article is provided for informational purposes only and does not constitute legal advice. Sweepstakes laws vary by jurisdiction and are subject to change. Consult with a qualified attorney for guidance specific to your promotion.


Ready to automate your Florida sweepstakes filing? Get started with Comprizant — compliance automation that handles state registration, bonding decisions, and deadline tracking so you can focus on running great promotions.