Senate Bill sb1108

    Florida Senate - 2004                                  SB 1108

    By Senator Lynn





    7-868-04                                                See HB

  1                      A bill to be entitled

  2         An act relating to resales of admission

  3         tickets; amending s. 817.36, F.S.; providing

  4         for nonapplication of a criminal penalty for

  5         sales of certain admission tickets through a

  6         credit card, licensed money transmitter, or

  7         other mechanism that offers reimbursement for

  8         fraud, misrepresentation, or nonperformance;

  9         providing for unenforceability of resale

10         limiting terms or conditions of original sales

11         of such tickets by such means; providing an

12         effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Paragraph (a) of subsection (2) of section

17  817.36, Florida Statutes, is amended to read:

18         817.36  Resale of tickets of common carriers, places of

19  amusement, etc.--

20         (2)(a)1.  Whoever shall offer for sale or sell any

21  ticket good for admission to any sporting exhibition, athletic

22  contest, theater, or any exhibition where an admission price

23  is charged and request or receive a price in excess of $1

24  above the retail admission price charged therefor by the

25  original seller of said ticket commits shall be guilty of a

26  misdemeanor of the second degree, punishable as provided in s.

27  775.082 or s. 775.083.

28         2.  This paragraph does not apply to any transaction in

29  which the ticket is purchased through a credit card, licensed

30  money transmitter, or other mechanism that offers partial or

31  full reimbursement for fraud, misrepresentation, or

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1108
    7-868-04                                                See HB




 1  nonperformance. Any term or condition of the original sale of

 2  the ticket that purports to limit the terms or conditions of

 3  resale of the ticket, including, but not limited to, the

 4  resale price of the ticket, shall be unenforceable, null, and

 5  void if the resale transaction is carried out through a credit

 6  card, licensed money transmitter, or other mechanism that

 7  offers partial or full reimbursement for fraud,

 8  misrepresentation, or nonperformance.

 9         Section 2.  This act shall take effect upon becoming a

10  law.

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CODING: Words stricken are deletions; words underlined are additions.