Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1168
                        Barcode 485842
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3         Floor: 1/AD/2R          .                    
       04/28/2006 03:50 PM         .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 1, line 21, through
15            page 3, line 4, delete those lines
16  
17  and insert:  purchases from the original ticket seller a
18  quantity of tickets to an event which exceeds the maximum
19  ticket limit quantity posted by or on behalf of the original
20  ticket seller at the point of original sale or printed on the
21  tickets themselves and intends to resell such tickets violates
22  ss. 501.201-501.213, the Florida Deceptive and Unfair Trade
23  Practices Act. A person or firm is not liable under this
24  section with respect to tickets for which that person or firm
25  is the original ticket seller. For purposes of this section,
26  the term "original ticket seller" means the issuer of such
27  ticket or a person or firm who provides distribution services
28  or ticket sales services under a contract with such issuer.
29         Section 3.  Section 817.36, Florida Statutes, is
30  amended to read:
31         817.36  Resale of tickets of common carriers, places of
                                  1
    1:38 PM   04/26/06                             s1168c2c-21-ty6

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1168 Barcode 485842 1 amusement, etc.-- 2 (1)(a) Whoever shall offer for resale sale or resell 3 sell any ticket may only charge $1 above the admission price 4 charged therefor of the original ticket seller of said ticket 5 for the following transactions: 6 (1) good for Passage or accommodations on any common 7 carrier in this state; however, and request or receive a price 8 in excess of $1 above the retail price charged therefor by the 9 original seller of said ticket shall be guilty of a 10 misdemeanor of the second degree, punishable as provided in s. 11 775.082 or s. 775.083. 12 (b) the provisions of this subsection shall not apply 13 to travel agencies that have an established place of business 14 in this state, which place of business is required to pay 15 state, county, and city occupational license taxes. 16 (2) Multiday or multievent tickets to a park or 17 entertainment complex or to a concert, entertainment event, 18 permanent exhibition, or recreational activity within such a 19 park or complex, including an entertainment/resort complex as 20 defined in s. 561.01(18). 21 (3) Any tickets, other than the tickets in subsections 22 (1) and (2), that are resold or offered through an Internet 23 website, unless such website is authorized by the original 24 ticket seller or makes and posts the following guarantees and 25 disclosures through Internet web pages on which are visibly 26 posted, or links to web pages on which are posted, text to 27 which a prospective purchaser is directed before completion of 28 the resale transaction: 29 (a) The website operator guarantees a full refund of 30 the amount paid for the ticket including any servicing, 31 handling, or processing fees, if such fees are not disclosed, 2 1:38 PM 04/26/06 s1168c2c-21-ty6
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1168 Barcode 485842 1 when: 2 1. The ticketed event is canceled; 3 2. The purchaser is denied admission to the ticketed 4 event, unless such denial is due to the action or omission of 5 the purchaser; or 6 3. The ticket is not delivered to the purchaser in the 7 manner requested and pursuant to any delivery guarantees made 8 by the reseller and such failure results in the purchaser's 9 inability to attend the ticketed event. 10 (b) The website operator discloses that it is not the 11 issuer, original seller, or reseller of the ticket or items 12 and does not control the pricing of the ticket or items, which 13 may be resold for more than their original value. 14 (4) Nothing in this section authorizes any individual 15 or entity to sell or purchase tickets at any price on property 16 where an event is being held without the prior express written 17 consent of the owner of the property. 18 (5) Any sales tax due for resales under this section 19 shall be remitted to the Department of Revenue in accordance 20 with s. 212.04. 21 (2)(a) Whoever shall offer for sale or sell any ticket 22 good for admission to any sporting exhibition, athletic 23 contest, theater, or any exhibition where an admission price 24 is charged and request or receive a price in excess of $1 25 above the retail admission price charged therefor by the 26 original seller of said ticket shall be guilty of a 27 misdemeanor of the second degree, punishable as provided in s. 28 775.082 or s. 775.083. 29 (b) The provisions of this subsection shall apply to 30 travel agencies that have an established place of business in 31 this state, which place of business is required to pay state, 3 1:38 PM 04/26/06 s1168c2c-21-ty6
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1168 Barcode 485842 1 county, and city occupational license taxes, unless such 2 agencies are registered sellers of travel pursuant to part XI 3 of chapter 559 and adhere to the restriction of selling said 4 tickets as part of the travel packages specified in that part, 5 and such travel agencies are reselling said tickets on behalf 6 of the original sellers of said tickets. When any original 7 seller of tickets provides a travel agency with tickets in 8 bulk, the travel agent shall be deemed to be reselling the 9 tickets on behalf of the original seller. 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 On page 1, lines 6-12, delete those lines 15 16 and insert: 17 creating s. 817.357, F.S.; providing that 18 purchasing tickets in excess of a specified 19 amount with the intent to resell those tickets 20 is a violation of the Florida Deceptive and 21 Unfair Trade Practices Act; providing a 22 definition; amending s. 817.36, F.S.; 23 prohibiting resale of tickets for more than $1 24 above the resale admission price charged 25 therefor by the original seller in specified 26 circumstances; providing that the section does 27 not authorize any individual or entity to sell 28 or purchase tickets at any price on property 29 where an event is being held without the prior 30 express written consent of the owner of the 31 property; providing for sales tax collection on 4 1:38 PM 04/26/06 s1168c2c-21-ty6
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1168 Barcode 485842 1 ticket resales; providing an effective date. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 1:38 PM 04/26/06 s1168c2c-21-ty6