Florida Senate - 2010                                    SB 1190
       
       
       
       By Senator Bennett
       
       
       
       
       21-00914B-10                                          20101190__
    1                        A bill to be entitled                      
    2         An act relating to the sale of event tickets; creating
    3         s. 817.358, F.S.; providing legislative intent and
    4         purpose; defining terms; requiring the original seller
    5         of event tickets to keep all charges from the ticket
    6         sales until the event occurs and return the charges to
    7         the purchaser under certain circumstances; providing
    8         exceptions; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 817.358, Florida Statutes, is created to
   13  read:
   14         817.358 Sale of event tickets; refund of charges for
   15  canceled events.—
   16         (1) It is the intent of the Legislature that the state
   17  remains consumer friendly for all citizens and visitors who
   18  attend events in this state. The purpose of this section is to
   19  ensure that venues retain the capacity to refund all charges
   20  from ticket sales upon the cancellation of an event, thereby
   21  giving an assurance to ticket purchasers that a venue will
   22  protect them from financial loss.
   23         (2) As used in this section, the term:
   24         (a) “Educational institution” means a school, college, or
   25  university, whether public, private, or religious, that conducts
   26  regular classes and courses of study required for accreditation
   27  by or membership in an accrediting agency recognized by the
   28  United States Department of Education.
   29         (b) “Event” means a sporting exhibition, athletic contest,
   30  musical or theatrical performance, public entertainment or
   31  amusement of any kind, or any other exhibition for which an
   32  admission price is charged.
   33         (c) “Original seller” means a venue or the issuer of event
   34  tickets pursuant to a contract with the venue. The term may
   35  include a person or firm that provides distribution services or
   36  ticket sales services pursuant to a contract with the venue.
   37         (d) “Venue” means a facility that offers services to the
   38  general public. The term includes, but is not limited to, an
   39  auditorium, theater, concert hall, performing arts center, civic
   40  center, convention or exhibition hall, stadium, arena, coliseum,
   41  amphitheater, or publicly owned recreational facility.
   42         (3) An original seller of a ticket for admission to an
   43  event occurring at a venue on or after July 1, 2010, must:
   44         (a) Keep all charges from the sale of the ticket, including
   45  the admission price and any taxes, surcharges, and service
   46  charges, until the event occurs.
   47         (b) If the event is canceled, upon the request of a
   48  purchaser for a refund, return to the purchaser all charges from
   49  the sale of the ticket, including the admission price and any
   50  taxes, surcharges, and service charges.
   51         (4) This section does not apply to a ticket:
   52         (a) That has the word “nonrefundable” conspicuously printed
   53  on the face of the ticket.
   54         (b) For a professional sports event.
   55         (c) For an amateur sports event sanctioned by the Amateur
   56  Athletic Union of the USA, Inc.
   57         (d) For a motorsports event as defined in s. 288.1171 or s.
   58  549.10.
   59         (e) For an event promoted exclusively by an educational
   60  institution.
   61         (f) For a postseason collegiate sporting exhibition or
   62  athletic contest sanctioned by the National Collegiate Athletic
   63  Association.
   64         Section 2. This act shall take effect July 1, 2010.