Florida Senate - 2014                             CS for SB 1142
       
       
        
       By the Committee on Commerce and Tourism; and Senators Lee and
       Soto
       
       
       
       
       577-03120-14                                          20141142c1
    1                        A bill to be entitled                      
    2         An act relating to ticket sales; amending s. 817.355,
    3         F.S.; providing that a person who counterfeits,
    4         forges, alters, clones, or possesses a ticket, card,
    5         wristband, or other medium that accesses or is
    6         associated with a specified ticket, token, or paper
    7         with the intent to defraud commits a misdemeanor of
    8         the first degree; providing enhanced criminal
    9         penalties for second and subsequent violations
   10         concerning fraudulent creation or possession of an
   11         admission ticket; providing criminal penalties for
   12         persons who commit such violations involving more than
   13         a specified number of tickets, cards, wristbands, or
   14         other media that access or are associated with a
   15         specified ticket, token, or paper; amending s.
   16         817.361, F.S.; defining terms; prohibiting the sale,
   17         offer for sale, or transfer of certain multiuse
   18         tickets or a card, wristband, or other medium that
   19         accesses or is associated with such multiuse ticket;
   20         providing criminal penalties; providing enhanced
   21         criminal penalties for second or subsequent violations
   22         of provisions relating to the sale, offer for sale, or
   23         transfer of certain multiuse tickets; providing an
   24         effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 817.355, Florida Statutes, is amended to
   29  read:
   30         817.355 Fraudulent creation or possession of admission
   31  ticket.—
   32         (1) Except as provided in subsections (2) and (3), a Any
   33  person who counterfeits, forges, alters, clones, or possesses a
   34  any ticket, card, wristband, or other medium that accesses or is
   35  associated with a ticket; or a ticket, token, or paper designed
   36  for admission to or the rendering of services by a any sports,
   37  amusement, concert, or other facility offering services to the
   38  general public, with the intent to defraud such facility,
   39  commits is guilty of a misdemeanor of the first degree,
   40  punishable as provided in s. 775.082 or s. 775.083.
   41         (2) A person who commits a second or subsequent violation
   42  of subsection (1) commits a felony of the third degree,
   43  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   44         (3) A person who counterfeits, forges, alters, clones, or
   45  possesses 10 or more tickets, cards, wristbands, or other media
   46  that access or are associated with a ticket, token, or paper
   47  designed for admission to or the rendering of services by a
   48  sports, amusement, concert, or other facility offering services
   49  to the general public with the intent to defraud such facility,
   50  commits a felony of the third degree, punishable as provided in
   51  s. 775.082, s. 775.083, or s. 775.084.
   52         Section 2. Section 817.361, Florida Statutes, is amended to
   53  read:
   54         817.361 Sale or transfer Resale of multiuse tickets
   55  multiday or multievent ticket.—
   56         (1) As used in this section, the term:
   57         (a) “Issuer” means the person or entity that created a
   58  multiuse ticket and is obligated to allow admission thereunder.
   59         (b) “Multiuse ticket” means a ticket, other medium, or
   60  right designed for admission to more than one theme park
   61  complex, or to more than one amusement location or other
   62  facility in a theme park complex, or for admission for more than
   63  1 day or more than once in the same day to one or more such
   64  locations or facilities in a theme park complex.
   65         (c) “Theme park complex” means an area comprised of at
   66  least 25 acres of land owned by the same business entity and
   67  which contains rides or other recreational activities.
   68         (2) A person who Whoever offers for sale, sells, or
   69  transfers in connection with a commercial transaction, with or
   70  without consideration, a any nontransferable multiuse ticket or
   71  a card, wristband, or other medium that accesses or is
   72  associated with any such nontransferable multiuse ticket or
   73  other nontransferable medium designed for admission to more than
   74  one amusement location or other facility offering entertainment
   75  to the general public, or for admission for more than 1 day
   76  thereto, after the nontransferable multiuse said ticket or other
   77  medium has been used at least once for admission commits a
   78  violation of this subsection. For purposes of this subsection, a
   79  multiuse ticket is nontransferable unless the phrase “may be
   80  used by more than one person” is printed clearly on the multiuse
   81  ticket by the issuer or the issuer explicitly states on its
   82  website that the multiuse ticket may be used by more than one
   83  person, is guilty of a misdemeanor of the second degree,
   84  punishable as provided in s. 775.082 or s. 775.083. A
   85  nontransferable ticket or other nontransferable medium is one on
   86  which is clearly printed the phrase: “Nontransferable; must be
   87  used by the same person on all days” or words of similar import.
   88         (3)(a) Except as provided in paragraph (b), a person who
   89  violates subsection (2) commits a misdemeanor of the first
   90  degree, punishable as provided in s. 775.082 or s. 775.083.
   91         (b) A person who commits Upon conviction for a second or
   92  subsequent violation of this subsection (2) commits, such person
   93  is guilty of a felony misdemeanor of the third first degree,
   94  punishable as provided in s. 775.082, or s. 775.083, or s.
   95  775.084.
   96         Section 3. This act shall take effect July 1, 2014.