Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1142
       
       
       
       
       
       
                                Ì719812*Î719812                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 817.355, Florida Statutes, is amended to
    6  read:
    7         817.355 Fraudulent creation or possession of admission
    8  ticket.—
    9         (1) Except as provided in subsections (2) and (3), a Any
   10  person who counterfeits, forges, alters, clones, or possesses a
   11  any ticket, card, wristband, or other medium that accesses or is
   12  associated with a ticket; or a ticket, token, or paper designed
   13  for admission to or the rendering of services by a any sports,
   14  amusement, concert, or other facility offering services to the
   15  general public, with the intent to defraud such facility,
   16  commits is guilty of a misdemeanor of the first degree,
   17  punishable as provided in s. 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, s. 775.083, or s. 775.084.
   21         (3) A person who counterfeits, forges, alters, clones, or
   22  possesses 10 or more tickets, cards, wristbands, or other media
   23  that access or are associated with a ticket, token, or paper
   24  designed for admission to or the rendering of services by a
   25  sports, amusement, concert, or other facility offering services
   26  to the general public with the intent to defraud such facility,
   27  commits a felony of the third degree, punishable as provided in
   28  s. 775.082, s. 775.083, or s. 775.084.
   29         Section 2. Section 817.361, Florida Statutes, is amended to
   30  read:
   31         817.361 Sale or transfer Resale of multiuse tickets
   32  multiday or 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 theme park
   38  complex, or to more than one amusement location or other
   39  facility in a theme park complex, or for admission for more than
   40  1 day or more than once in the same day to one or more such
   41  locations or facilities in a theme park complex.
   42         (c) “Theme park complex” means an area comprised of at
   43  least 25 acres of land owned by the same business entity and
   44  which contains rides or other recreational activities.
   45         (2) A person who Whoever offers for sale, sells, or
   46  transfers in connection with a commercial transaction, with or
   47  without consideration, a any nontransferable multiuse ticket or
   48  a card, wristband, or other medium that accesses or is
   49  associated with any such nontransferable multiuse ticket or
   50  other nontransferable medium designed for admission to more than
   51  one amusement location or other facility offering entertainment
   52  to the general public, or for admission for more than 1 day
   53  thereto, after the nontransferable multiuse said ticket or other
   54  medium has been used at least once for admission commits a
   55  violation of this subsection. For purposes of this subsection, a
   56  multiuse ticket is nontransferable unless the phrase “may be
   57  used by more than one person” is printed clearly on the multiuse
   58  ticket by the issuer or the issuer explicitly states on its
   59  website that the multiuse ticket may be used by more than one
   60  person, is guilty of a misdemeanor of the second degree,
   61  punishable as provided in s. 775.082 or s. 775.083. A
   62  nontransferable ticket or other nontransferable medium is one on
   63  which is clearly printed the phrase: “Nontransferable; must be
   64  used by the same person on all days” or words of similar import.
   65         (3)(a) Except as provided in paragraph (b), a person who
   66  violates subsection (2) commits a misdemeanor of the first
   67  degree, punishable as provided in s. 775.082 or s. 775.083.
   68         (b) A person who commits Upon conviction for a second or
   69  subsequent violation of this subsection (2) commits, such person
   70  is guilty of a felony misdemeanor of the third first degree,
   71  punishable as provided in s. 775.082, or s. 775.083, or s.
   72  775.084.
   73         Section 3. This act shall take effect July 1, 2014.
   74  
   75  ================= T I T L E  A M E N D M E N T ================
   76  And the title is amended as follows:
   77         Delete everything before the enacting clause
   78  and insert:
   79                        A bill to be entitled                      
   80         An act relating to ticket sales; amending s. 817.355,
   81         F.S.; providing that a person who counterfeits,
   82         forges, alters, clones, or possesses a ticket, card,
   83         wristband, or other medium that accesses or is
   84         associated with a specified ticket, token, or paper
   85         with the intent to defraud commits a misdemeanor of
   86         the first degree; providing enhanced criminal
   87         penalties for second and subsequent violations
   88         concerning fraudulent creation or possession of an
   89         admission ticket; providing criminal penalties for
   90         persons who commit such violations involving more than
   91         a specified number of tickets, cards, wristbands, or
   92         other media that access or are associated with a
   93         specified ticket, token, or paper; amending s.
   94         817.361, F.S.; defining terms; prohibiting the sale,
   95         offer for sale, or transfer of certain multiuse
   96         tickets or a card, wristband, or other medium that
   97         accesses or is associated with such multiuse ticket;
   98         providing criminal penalties; providing enhanced
   99         criminal penalties for second or subsequent violations
  100         of provisions relating to the sale, offer for sale, or
  101         transfer of certain multiuse tickets; providing an
  102         effective date.