| 1 | The Committee on Commerce recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to resales of admission tickets; amending |
| 7 | s. 817.36, F.S.; providing for nonapplication to certain |
| 8 | resales of tickets by certain means under certain |
| 9 | circumstances; providing for unenforceability of certain |
| 10 | terms and limitations under certain circumstances; |
| 11 | providing a criminal penalty; amending s. 559.9335, F.S.; |
| 12 | providing an exception to unlawful sales of certain |
| 13 | tickets; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Paragraph (a) of subsection (2) of section |
| 18 | 817.36, Florida Statutes, is amended to read: |
| 19 | 817.36 Resale of tickets of common carriers, places of |
| 20 | amusement, etc.-- |
| 21 | (2)(a)1. Whoever shall offer for sale or sell any ticket |
| 22 | good for admission to any sporting exhibition, athletic contest, |
| 23 | theater, or any exhibition where an admission price is charged |
| 24 | and request or receive a price in excess of $1 above the retail |
| 25 | admission price charged therefor by the original seller of said |
| 26 | ticket commits shall be guilty of a misdemeanor of the second |
| 27 | degree, punishable as provided in s. 775.082 or s. 775.083. |
| 28 | 2. Subparagraph 1. does not apply to the first ten tickets |
| 29 | that a natural person purchases to an event which are resold |
| 30 | through a credit card or other electronic payment mechanism that |
| 31 | offers partial or full reimbursement for fraud, |
| 32 | misrepresentation, or nonperformance. Any term or condition of |
| 33 | the original sale of the ticket that purports to limit the terms |
| 34 | or conditions of resale of the ticket, including, but not |
| 35 | limited to, the resale price of the ticket, shall be |
| 36 | unenforceable, null, and void if the resale transaction is |
| 37 | carried out through a credit card or other electronic payment |
| 38 | mechanism that offers partial or full reimbursement for fraud, |
| 39 | misrepresentation, or nonperformance. Any natural person that |
| 40 | knowingly resells, knowingly assists another to resell, or |
| 41 | conspires to resell more than ten tickets to an event without |
| 42 | being licensed pursuant to s. 559.9335(8) commits a misdemeanor |
| 43 | of the second degree, punishable as provided in s. 775.082 or s. |
| 44 | 775.083. |
| 45 | 3. Nothing in this paragraph changes the applicability of |
| 46 | chapter 212 to any person with respect to the sale or resale of |
| 47 | any ticket. |
| 48 | Section 2. Subsection (8) of section 559.9335, Florida |
| 49 | Statutes, is amended to read: |
| 50 | 559.9335 Violations.--It is a violation of this part for |
| 51 | any person: |
| 52 | (8) Knowingly to sell or market admissions tickets to |
| 53 | theme or amusement parks, sporting events, concerts, theater |
| 54 | productions, or other entertainment events, in excess of $1 |
| 55 | above the retail admission price charged by the original seller |
| 56 | of said tickets, unless said tickets are resold in accordance |
| 57 | with s. 817.36(2)(a)2. or are part of a prearranged travel |
| 58 | package which includes transportation or accommodations |
| 59 | services, are being resold on behalf of the original seller of |
| 60 | said tickets, and the seller of travel provides either a Florida |
| 61 | seller of travel registration number or an Airlines Reporting |
| 62 | Corporation agency code number in each advertisement that is |
| 63 | placed in newspapers circulated primarily in Florida. When any |
| 64 | original seller of tickets provides a seller of travel with |
| 65 | tickets in bulk, the seller of travel shall be deemed to be |
| 66 | reselling the tickets on behalf of the original seller. |
| 67 | Section 3. This act shall take effect upon becoming a law. |