Florida Senate - 2023                                     SB 388
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-00392A-23                                            2023388__
    1                        A bill to be entitled                      
    2         An act relating to resale of tickets; amending s.
    3         817.36, F.S.; providing a definition; providing
    4         requirements for websites of ticket resellers;
    5         providing for the donation, transfer, and resale of
    6         certain tickets; authorizing the original seller to
    7         request certain information from subsequent ticket
    8         holders; prohibiting the original ticket seller from
    9         taking certain actions against a person who purchases
   10         or resells a ticket; preempting regulation of the sale
   11         or resale of tickets to the state; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Present subsections (1) through (6) of section
   17  817.36, Florida Statutes, are redesignated as subsections (2)
   18  through (7), respectively, paragraph (d) of present subsection
   19  (1) and present subsection (4) are amended, and a new subsection
   20  (1) and subsections (8), (9), and (10) are added to that
   21  section, to read:
   22         817.36 Resale of tickets.—
   23         (1) As used in this section, the terms “original ticket
   24  seller” and “original seller” mean the issuer of such ticket or
   25  a person or firm that provides distribution services or ticket
   26  sales services under a contract with such issuer.
   27         (2)(1) A person or entity that offers for resale or resells
   28  any ticket may charge only $1 above the admission price charged
   29  therefor by the original ticket seller of the ticket for the
   30  following transactions:
   31         (d) The following information must be prominently displayed
   32  on the homepage or ticket landing page before the purchase of
   33  any tickets, other than the tickets in paragraph (a), paragraph
   34  (b), or paragraph (c), that are resold or offered through an
   35  Internet website, unless such website is authorized by the
   36  original ticket seller or makes and posts the following
   37  guarantees and disclosures through Internet web pages on which
   38  are visibly posted, or links to web pages on which are posted,
   39  text to which a prospective purchaser is directed before
   40  completion of the resale transaction:
   41         1. The website operator guarantees a full refund of the
   42  amount paid for the ticket including any servicing, handling, or
   43  processing fees, if such fees are not disclosed, when:
   44         a. The ticketed event is canceled;
   45         b. The purchaser is denied admission to the ticketed event,
   46  unless such denial is due to the action or omission of the
   47  purchaser;
   48         c. The ticket is not delivered to the purchaser in the
   49  manner requested and pursuant to any delivery guarantees made by
   50  the reseller and such failure results in the purchaser’s
   51  inability to attend the ticketed event.
   52         2. The website operator discloses that it is not the
   53  issuer, venue, original seller, or reseller of the ticket or
   54  items and does not control the pricing of the ticket or items,
   55  which may be resold for more than their original value.
   56         (5)(4) A person or website operator who knowingly resells a
   57  ticket or tickets in violation of this section is liable to the
   58  state for a civil penalty equal to treble the amount of the
   59  price for which the ticket or tickets were resold.
   60         (8) Any tickets, other than the tickets in paragraph
   61  (2)(a), paragraph (2)(b), or paragraph (2)(c), may be donated,
   62  transferred, or resold via any method, or on any ticket
   63  marketplace, of the ticket holder’s choosing. The transfer of a
   64  ticket to a subsequent ticket holder shall not inhibit the
   65  original seller’s ability to request the legal name, e-mail
   66  address, or telephone number from a subsequent ticket holder for
   67  the sole purpose of venue security, provided the information
   68  requested is not more detailed or extensive than that collected
   69  at the original point of sale. The collection of data from a
   70  subsequent ticket holder shall not be used to inhibit the
   71  gifting, donation, transfer, or resale of a ticket.
   72         (9) The original ticket seller may not penalize,
   73  discriminate against, or deny access to an event to a person who
   74  purchases or resells a ticket in a manner authorized by this
   75  section.
   76         (10) Regulation of the sale or resale of tickets is
   77  preempted to the state. A county, municipal, or other local
   78  ordinance or other regulation may not impose requirements,
   79  restrictions, or conditions upon the sale or resale of tickets.
   80         Section 2. This act shall take effect July 1, 2023.