Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1168
Barcode 485842
CHAMBER ACTION
Senate House
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04/28/2006 03:50 PM .
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 1, line 21, through
15 page 3, line 4, delete those lines
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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
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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,
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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,
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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.
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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
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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
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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.
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