Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 394
       
       
       
       
       
       
                                Barcode 498458                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/08/2013           .                                
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       The Committee on Commerce and Tourism (Hays) recommended the
       following:
       
    1         Senate Substitute for Amendment (528392) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 817.355, Florida Statutes, is amended to
    7  read:
    8         817.355 Fraudulent creation or possession of admission
    9  ticket.—
   10         (1) Except as provided in subsections (2) and (3), a Any
   11  person who counterfeits, forges, alters, or possesses a any
   12  ticket, token, or paper designed for admission to or the
   13  rendering of services by any sports, amusement, concert, or
   14  other facility offering services to the general public, with the
   15  intent to defraud such facility, commits is guilty of a
   16  misdemeanor of the first degree, punishable as provided in s.
   17  775.082 or s. 775.083.
   18         (2) A person who commits a second or subsequent violation
   19  of subsection (1) commits a felony of the third degree,
   20  punishable as provided in s. 775.082 or s. 775.084 or by a fine
   21  of up to $10,000.
   22         (3) A person who counterfeits, forges, alters, or possesses
   23  10 or more tickets, tokens, or papers designed for admission to
   24  or the rendering of services by any sports, amusement, concert,
   25  or other facility offering services to the general public with
   26  the intent to defraud such facility commits a felony of the
   27  third degree, punishable as provided in s. 775.082 or s. 775.084
   28  or by a fine of up to $10,000.
   29         Section 2. Section 817.361, Florida Statutes, is amended to
   30  read:
   31         817.361 Resale or repurchase of multiuse multiday or
   32  multievent ticket.—
   33         (1) As used in this section, the term:
   34         (a) Issuer” means the person or entity that created a
   35  multiuse ticket and is obligated to allow admission thereunder.
   36         (b) Multiuse ticket” means a ticket, other medium, or
   37  right designed for admission to more than one amusement location
   38  or other facility in a theme park complex, or for admission for
   39  more than 1 day to one or more such locations or facilities in a
   40  theme park complex.
   41         (c) “Theme park complex” means any area comprised of at
   42  least 25 acres owned by the same business entity which contains
   43  rides or other recreational activities.
   44         (2) A person who Whoever offers for sale, sells, or
   45  transfers, or, intending to defraud, purchases or offers to
   46  purchase, in connection with a commercial transaction, with or
   47  without consideration, any nontransferable multiuse ticket or
   48  other nontransferable medium designed for admission to more than
   49  one amusement location or other facility offering entertainment
   50  to the general public, or for admission for more than 1 day
   51  thereto, after the multiuse said ticket or other medium has been
   52  used at least once for admission, commits a violation of this
   53  subsection. For purposes of this subsection, a multiuse ticket
   54  is nontransferable unless the phrasemay be used by more than
   55  one person” is printed clearly on the multiuse ticket by the
   56  issuer or the issuer explicitly states on its website that the
   57  multiuse ticket may be used by more than one person is guilty of
   58  a misdemeanor of the second degree, punishable as provided in s.
   59  775.082 or s. 775.083. A nontransferable ticket or other
   60  nontransferable medium is one on which is clearly printed the
   61  phrase: “Nontransferable; must be used by the same person on all
   62  days” or words of similar import.
   63         (3)(a) Except as provided in paragraph (b), a person who
   64  violates subsection (2) commits a misdemeanor of the first
   65  degree, punishable as provided in s. 775.082 or s. 775.084 or by
   66  a fine of up to $10,000.
   67         (b) A person who commits Upon conviction for a second or
   68  subsequent violation of this subsection (2) commits, such person
   69  is guilty of a felony misdemeanor of the third first degree,
   70  punishable as provided in s. 775.082 or s. 775.084 or by a fine
   71  of up to $10,000 775.083.
   72         Section 3. This act shall take effect July 1, 2013.
   73  
   74  ================= T I T L E  A M E N D M E N T ================
   75         And the title is amended as follows:
   76         Delete everything before the enacting clause
   77  and insert:
   78                        A bill to be entitled                      
   79         An act relating to ticket sales; amending s. 817.355,
   80         F.S.; providing enhanced criminal penalties for second
   81         and subsequent violations concerning fraudulent
   82         creation or possession of an admission ticket;
   83         providing criminal penalties for persons who commit
   84         such violations involving more than a specified number
   85         of tickets; amending s. 817.361, F.S.; providing
   86         definitions; prohibiting the fraudulent repurchase of
   87         a multiuse ticket; providing enhanced criminal
   88         penalties for second or subsequent violations of
   89         provisions relating to the resale or repurchase of
   90         multiuse tickets; providing an effective date.