Senate Bill sb2472

    Florida Senate - 2005                                  SB 2472

    By Senator Lynn





    7-1494-05

  1                      A bill to be entitled

  2         An act relating to the resale of tickets to

  3         college or professional sporting events;

  4         amending s. 817.36, F.S.; exempting such

  5         resales from "scalping" prohibitions in certain

  6         situations; providing an effective date.

  7  

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

  9  

10         Section 1.  Subsection (2) of section 817.36, Florida

11  Statutes, is amended to read:

12         817.36  Resale of tickets of common carriers, places of

13  amusement, etc.--

14         (2)(a)  Whoever shall offer for sale or sell any ticket

15  good for admission to any sporting exhibition, athletic

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

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

18  above the retail admission price charged therefor by the

19  original seller of the said ticket is shall be guilty of a

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

21  775.082 or s. 775.083.

22         (b)  However, this subsection does not apply to the

23  offer or sale of an admission ticket to a professional or

24  college sporting event if:

25         1.  The ticket is offered through an Internet website;

26         2.  The seller has written permission from the

27  management of the team or league, the producer of the event,

28  or the manager of the building where the event is held to be

29  an original seller of tickets to the event;

30         3.  The website operates in a manner consistent with

31  pricing and sale requirements imposed by such management; and

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






    Florida Senate - 2005                                  SB 2472
    7-1494-05




 1         4.  The website prominently discloses that it is

 2  authorized by such management to conduct the resale of the

 3  tickets.

 4         (c)(b)  The provisions of this subsection shall apply

 5  to travel agencies that have an established place of business

 6  in this state, which place of business is required to pay

 7  state, county, and city occupational license taxes, unless

 8  such agencies are registered sellers of travel pursuant to

 9  part XI of chapter 559 and adhere to the restriction of

10  selling said tickets as part of the travel packages specified

11  in that part, and such travel agencies are reselling said

12  tickets on behalf of the original sellers of said tickets.

13  When any original seller of tickets provides a travel agency

14  with tickets in bulk, the travel agent shall be deemed to be

15  reselling the tickets on behalf of the original seller.

16         Section 2.  This act shall take effect July 1, 2005.

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19                          SENATE SUMMARY

20    Exempts the Internet sale of tickets to college or
      professional sporting events from "scalping" prohibitions
21    under certain circumstances.

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