Beasley Broadcasting, Inc. v. Department of State, Division of Licensing

ALTENBERND, Judge.

Beasley Broadcasting, Inc. (Beasley), appeals a final administrative order of the Department of State, Division of Licensing (the Division), imposing a fine for violation of section 849.094, Florida Statutes (1993). This statute regulates certain “game promotions” that are conducted “in connection with the sale of consumer products or services.” We reverse the order because Beasley’s radio stations sell commercial advertising time and, at most, provide a consumer service for free. The statute does not apply to an “organization engaged in any enterprise other than the sale of…