Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1168
Barcode 845978
CHAMBER ACTION
Senate House
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11 The Committee on Commerce and Consumer Services (Aronberg)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Subsection (2) of section 817.36, Florida
19 Statutes, is amended to read:
20 817.36 Resale of tickets of common carriers, places of
21 amusement, etc.--
22 (2)(a) Whoever resells or offers shall offer for
23 resale sale or sell any ticket good for admission to any
24 sporting exhibition, athletic contest, theater, or other any
25 exhibition, or to any theme, amusement, or recreation park or
26 entertainment complex, where an admission price is charged
27 and request or receive a price in excess of 25 percent $1
28 above the retail admission price charged therefor by the
29 original seller of the said ticket commits shall be guilty of
30 a misdemeanor of the second degree, punishable as provided in
31 s. 775.082 or s. 775.083.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1168
Barcode 845978
1 (b) Paragraph (a) does not prohibit the resale or
2 offer for resale of a ticket, at any price, if such resale or
3 offer is authorized by the ticket's original seller.
4 (c) Paragraph (a) also does not prohibit the resale or
5 offer for resale of a nonpark ticket, at any price, if such
6 resale or offer is made through an Internet website and the
7 website operator makes and posts the following guarantees and
8 disclosures to which a prospective purchaser is directed
9 before completion of the resale transaction:
10 1. The website operator guarantees a full refund of
11 the amount paid for the ticket if:
12 a. The ticketed event is canceled;
13 b. The purchaser is denied admission to the ticketed
14 event, unless such denial is due to the action or omission of
15 the purchaser; or
16 c. The ticket is not delivered to the purchaser in the
17 manner requested and pursuant to any delivery guarantees made
18 by the reseller and such failure results in the purchaser's
19 inability to attend the ticketed event.
20 2. The website operator discloses through Internet web
21 pages on which are posted text, or links to web pages on which
22 are posted text, that it is not the issuer, original seller,
23 or reseller of the ticket or items and does not control the
24 pricing of the ticket or items, which may be resold for more
25 than their original value.
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27 A refund under subparagraph 1. shall include any servicing,
28 handling, or processing fees unless such fees are declared
29 nonrefundable under the terms of the guarantee. For purposes
30 of this paragraph, the term "nonpark ticket" means a ticket
31 that is not for admission to a theme, amusement, or recreation
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1168
Barcode 845978
1 park or entertainment complex or to a permanent exhibition or
2 recreational activity within such a park or complex.
3 (d)(b) Paragraph (a) applies The provisions of this
4 subsection shall apply to travel agencies that have an
5 established place of business in this state, which place of
6 business is required to pay state, county, and city
7 occupational license taxes, unless such agencies are
8 registered sellers of travel pursuant to part XI of chapter
9 559 and adhere to the restriction of selling such said tickets
10 as part of the travel packages specified in that part, and
11 such travel agencies are reselling such said tickets on behalf
12 of the original sellers of said tickets. When any original
13 seller of tickets provides a travel agency with tickets in
14 bulk, the travel agent shall be deemed to be reselling the
15 tickets on behalf of the original seller.
16 (e) Sales tax for any resale under this subsection
17 shall be remitted to the Department of Revenue in accordance
18 with s. 212.04.
19 Section 2. Subsection (8) of section 559.9335, Florida
20 Statutes, is amended to read:
21 559.9335 Violations.--It is a violation of this part
22 for any person:
23 (8) To resell or offer for resale a ticket in
24 violation of s. 817.36(2). Knowingly to sell or market
25 admissions tickets to theme or amusement parks, sporting
26 events, concerts, theater productions, or other entertainment
27 events, in excess of $1 above the retail admission price
28 charged by the original seller of said tickets, unless said
29 tickets are part of a prearranged travel package which
30 includes transportation or accommodations services, are being
31 resold on behalf of the original seller of said tickets, and
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1168
Barcode 845978
1 the seller of travel provides either a Florida seller of
2 travel registration number or an Airlines Reporting
3 Corporation agency code number in each advertisement that is
4 placed in newspapers circulated primarily in Florida. When
5 any original seller of tickets provides a seller of travel
6 with tickets in bulk, the seller of travel shall be deemed to
7 be reselling the tickets on behalf of the original seller.
8 Section 3. This act shall take effect July 1, 2006.
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11 ================ T I T L E A M E N D M E N T ===============
12 And the title is amended as follows:
13 Delete everything before the enacting clause
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15 and insert:
16 A bill to be entitled
17 An act relating to resale of tickets; amending
18 s. 817.36, F.S.; increasing the maximum amount
19 above retail price for which specified tickets
20 may be resold without violating statute;
21 providing an exception to the criminal penalty
22 for resale of tickets authorized by the
23 original seller; providing an exception to the
24 criminal penalty for resale of certain tickets
25 through an Internet website in specified
26 circumstances; providing for sales tax
27 collection on ticket resales; amending s.
28 559.9335, F.S.; revising the prohibition on
29 resale of tickets by sellers of travel;
30 providing that it is a violation to resell or
31 offer for resale a ticket in violation of s.
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1168
Barcode 845978
1 817.36(2), F.S.; providing an effective date.
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