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.