HB 0339 2004
   
1 A bill to be entitled
2          An act relating to resales of admission tickets; amending
3    s. 817.36, F.S.; providing for nonapplication of a
4    criminal penalty for sales of certain admission tickets
5    through a credit card, licensed money transmitter, or
6    other mechanism that offers reimbursement for fraud,
7    misrepresentation, or nonperformance; providing for
8    unenforceability of resale limiting terms or conditions of
9    original sales of such tickets by such means; providing an
10    effective date.
11         
12          Be It Enacted by the Legislature of the State of Florida:
13         
14          Section 1. Paragraph (a) of subsection (2) of section
15    817.36, Florida Statutes, is amended to read:
16          817.36 Resale of tickets of common carriers, places of
17    amusement, etc.--
18          (2)(a)1.Whoever shall offer for sale or sell any ticket
19    good for admission to any sporting exhibition, athletic contest,
20    theater, or any exhibition where an admission price is charged
21    and request or receive a price in excess of $1 above the retail
22    admission price charged therefor by the original seller of said
23    ticket commits shall be guilty ofa misdemeanor of the second
24    degree, punishable as provided in s. 775.082 or s. 775.083.
25          2. This paragraph does not apply to any transaction in
26    which the ticket is purchased through a credit card, licensed
27    money transmitter, or other mechanism that offers partial or
28    full reimbursement for fraud, misrepresentation, or
29    nonperformance. Any term or condition of the original sale of
30    the ticket that purports to limit the terms or conditions of
31    resale of the ticket, including, but not limited to, the resale
32    price of the ticket, shall be unenforceable, null, and void if
33    the resale transaction is carried out through a credit card,
34    licensed money transmitter, or other mechanism that offers
35    partial or full reimbursement for fraud, misrepresentation, or
36    nonperformance.
37          Section 2. This act shall take effect upon becoming a law.
38