The Florida Senate

817.36  Resale of tickets.--Whoever shall offer for resale or resell any ticket may only charge $1 above the admission price charged therefor ¹by the original ticket seller of said ticket for the following transactions:

(1)  Passage or accommodations on any common carrier in this state; however, the provisions of this subsection shall not apply to travel agencies that have an established place of business in this state, which place of business is required to pay state, county, and city occupational license taxes.

(2)  Multiday or multievent tickets to a park or entertainment complex or to a concert, entertainment event, permanent exhibition, or recreational activity within such a park or complex, including an entertainment/resort complex as defined in s. 561.01(18).

(3)  Any tickets, other than the tickets in subsections (1) and (2), that are resold or offered through an Internet website, unless such website is authorized by the original ticket seller or makes and posts the following guarantees and disclosures through Internet web pages on which are visibly posted, or links to web pages on which are posted, text to which a prospective purchaser is directed before completion of the resale transaction:

(a)  The website operator guarantees a full refund of the amount paid for the ticket including any servicing, handling, or processing fees, if such fees are not disclosed, when:

1.  The ticketed event is canceled;

2.  The purchaser is denied admission to the ticketed event, unless such denial is due to the action or omission of the purchaser;

3.  The ticket is not delivered to the purchaser in the manner requested and pursuant to any delivery guarantees made by the reseller and such failure results in the purchaser's inability to attend the ticketed event.

(b)  The website operator discloses that it is not the issuer, original seller, or reseller of the ticket or items and does not control the pricing of the ticket or items, which may be resold for more than their original value.

(4)  Nothing in this section authorizes any individual or entity to sell or purchase tickets at any price on property where an event is being held without the prior express written consent of the owner of the property.

(5)  Any sales tax due for resales under this section shall be remitted to the Department of Revenue in accordance with s. 212.04

History.--ss. 1, 1a, ch. 22726, 1945; s. 868, ch. 71-136; s. 7, ch. 90-231; s. 9, ch. 95-314; s. 3, ch. 2006-105.

¹Note.--The word "by" was substituted for the word "of" by the editors.