Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. PCS (654302) for CS for SB 1444
Ì441324yÎ441324
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/16/2015 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
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.