Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1024
       
       
       
       
       
       
                                Ì479106*Î479106                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Regulated Industries (Hukill) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 501.9735, Florida Statutes, is created
    6  to read:
    7         501.9735 Ticket websites; penalties.—
    8         (1) As used in this section, the term:
    9         (a) “Ticket website” means an Internet website advertising
   10  the sale of tickets, offering the sale of tickets, or offering
   11  tickets for resale to an event in this state.
   12         (b) “Venue” means an arena, stadium, theater, concert hall,
   13  or other place of exhibition or performance in this state.
   14         (c) “Website operator” means a person owning, operating, or
   15  controlling a ticket website for an event scheduled at a venue
   16  in this state.
   17         (2) A website operator may not sell a ticket to a Florida
   18  resident through a ticket website if the website operator has
   19  intentionally used an Internet domain name, as defined in s.
   20  668.602, which contains the name of the venue or any name
   21  substantially similar to the name of the venue. This paragraph
   22  does not apply to a website operator who is authorized by the
   23  venue to act upon its behalf.
   24         (3) A violation of this section is a deceptive and unfair
   25  trade practice and constitutes a violation of part II of this
   26  chapter. A person who violates this section commits a deceptive
   27  and unfair trade practice punishable by the penalties provided
   28  under part II of this chapter, and is subject to the enforcement
   29  of remedies for the violation as provided in part II of this
   30  chapter.
   31         (4) This section is supplemental to those provisions of
   32  state or federal criminal or civil law which impose prohibitions
   33  or provide penalties, sanctions, or remedies against the same
   34  conduct prohibited by this section. This section may not be
   35  construed to preclude the applicability of any other law that
   36  now applies, or may in the future apply, to prohibit, penalize,
   37  or impose sanctions or remedies for any conduct that violates
   38  this section.
   39         (5) A newspaper publisher, magazine or other publication,
   40  telephone directory or directory assistance service or its
   41  officer or agent, or the owner or operator of a radio or
   42  television station, or any other owner or operator of a medium
   43  primarily devoted to advertising who publishes, broadcasts, or
   44  otherwise disseminates an advertisement in good faith without
   45  actual knowledge that such advertisement violates this section
   46  is immune from liability under this section for publishing the
   47  advertisement unless the owner or operator of such medium is the
   48  website operator who has committed the act prohibited by this
   49  section.
   50         Section 2. This act shall take effect July 1, 2018.
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53  And the title is amended as follows:
   54         Delete everything before the enacting clause
   55  and insert:
   56                        A bill to be entitled                      
   57         An act relating to ticket websites; creating s.
   58         501.9735, F.S.; defining terms; prohibiting website
   59         operators from using specified information in the sale
   60         of certain tickets; providing an exception; providing
   61         civil penalties; providing for construction;
   62         specifying that certain entities are immune from
   63         liability under this act under certain circumstances;
   64         providing an effective date.