Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (654302) for CS for SB 1444
       
       
       
       
       
       
                                Ì441324yÎ441324                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/16/2015           .                                
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       The Committee on Appropriations (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 113 and 114
    4  insert:
    5         Section 1. Section 849.095, Florida Statutes, is created to
    6  read:
    7         849.095 Ticket distribution programs exempted from
    8  chapter.—
    9         (1) The Legislature recognizes that operators of nationally
   10  televised sporting events often experience a public demand for
   11  tickets to attend or participate in the events which far exceeds
   12  their supply. As a result, the general public’s opportunity to
   13  purchase tickets at face value is often severely limited. Random
   14  drawings are often used by these event operators to give the
   15  chance to purchase tickets to those who wish to attend or
   16  participate in a sporting event. Courts have held that this
   17  mechanism is a reasonable and fair method to distribute tickets
   18  that are in limited supply, as opposed to a first-come, first
   19  serve system; that the mechanism does not constitute the award
   20  of a prize; and that requiring entrants to pay an administrative
   21  fee to enter such drawings is not a violation of antigambling
   22  laws.
   23         (2) As used in this section, the term:
   24         (a) “Department” means the Department of Agriculture and
   25  Consumer Services.
   26         (b) “Sporting event” means any athletic event:
   27         1. For which a television program is shown nationally via
   28  any cable, satellite, or broadcast television network; and
   29         2. Which has a demonstrated public demand for tickets which
   30  exceeds the supply of tickets.
   31         (c) “Ticket distribution program” means a random drawing by
   32  which each entrant pays an administrative fee, not to exceed $35
   33  per separate entry, for a nontransferable opportunity to win the
   34  right to purchase, at face value, one or more nontransferable
   35  tickets to attend or participate in a sporting event.
   36         (3) Nothing contained in this chapter shall be applicable
   37  to participation in or the conduct of a ticket distribution
   38  program in accordance with this section, provided, however, that
   39  a sporting event operator conducts no more than one ticket
   40  distribution program during any 12-month period.
   41         (4) The department may adopt rules to administer this
   42  section.
   43  
   44  ================= T I T L E  A M E N D M E N T ================
   45  And the title is amended as follows:
   46         Delete line 2
   47  and insert:
   48         An act relating to the Department of Agriculture and
   49         Consumer Services; creating s. 849.095, F.S.;
   50         providing legislative findings; defining terms;
   51         exempting ticket distribution programs from Florida
   52         gambling prohibitions; providing guidelines for ticket
   53         distribution programs; providing that violations are
   54         deceptive and unfair trade practices; authorizing the
   55         department to adopt rules; amending s.