Senate Bill sb1168

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 1168

    By Senator Bennett





    21-325B-06

  1                      A bill to be entitled

  2         An act relating to the resale of tickets;

  3         amending s. 817.36, F.S.; revising the price in

  4         excess above the retail price which may be

  5         charged for the resale of a ticket; providing

  6         that criminal penalties for the resale of

  7         certain admission tickets do not apply if the

  8         resale is conducted under certain

  9         circumstances; providing that criminal

10         penalties apply if the ticket for resale is for

11         admission to a theme park or entertainment

12         complex or a permanent exhibition or

13         recreational activity within the theme park or

14         entertainment complex; providing that the act

15         does not preempt the application of the tax on

16         sales to any person who sells or resells any

17         admission ticket governed by the act; amending

18         s. 559.9335, F.S.; exempting sellers of travel

19         from certain restrictions on the resale of

20         admission tickets under certain circumstances;

21         providing an effective date.

22  

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

24  

25         Section 1.  Section 817.36, Florida Statutes, is

26  amended to read:

27         817.36  Resale of tickets of common carriers, places of

28  amusement, etc.--

29         (1)(a)  Whoever offers shall offer for sale or sells

30  sell any ticket good for passage or accommodations on any

31  common carrier in this state and requests request or receives

                                  1

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






    Florida Senate - 2006                                  SB 1168
    21-325B-06




 1  receive a price in excess of 25 percent $1 above the retail

 2  price charged therefor by the original seller of the said

 3  ticket commits shall be guilty of a misdemeanor of the second

 4  degree, punishable as provided in s. 775.082 or s. 775.083.

 5         (b)  The provisions of This subsection does shall not

 6  apply to travel agencies that have an established place of

 7  business in this state, which place of business is required to

 8  pay state, county, and city occupational license taxes.

 9         (2)(a)  Whoever offers shall offer for sale or sells

10  sell any ticket good for admission to any sporting exhibition,

11  athletic contest, theater, or any exhibition where an

12  admission price is charged and requests request or receives

13  receive a price in excess of 25 percent $1 above the retail

14  admission price charged therefor by the original seller of the

15  said ticket commits shall be guilty of a misdemeanor of the

16  second degree, punishable as provided in s. 775.082 or s.

17  775.083.

18         (b)  Paragraph (a) applies The provisions of this

19  subsection shall apply to travel agencies that have an

20  established place of business in this state, which place of

21  business is required to pay state, county, and city

22  occupational license taxes, unless the such agencies are

23  registered sellers of travel under pursuant to part XI of

24  chapter 559 and adhere to the restriction of selling the said

25  tickets as part of the travel packages specified in that part,

26  and the such travel agencies are reselling the said tickets on

27  behalf of the original sellers of the said tickets. When any

28  original seller of tickets provides a travel agency with

29  tickets in bulk, the travel agent is shall be deemed to be

30  reselling the tickets on behalf of the original seller.

31  

                                  2

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






    Florida Senate - 2006                                  SB 1168
    21-325B-06




 1         (c)  Paragraph (a) does not apply to any transaction in

 2  which the ticket is purchased by means of a credit card or

 3  other electronic-payment mechanism that offers full

 4  reimbursement for fraud, misrepresentation, or nonperformance

 5  unless the ticket for resale is for admission to a theme park

 6  or entertainment complex, as defined in s. 509.013(9), or to a

 7  permanent exhibition or recreational activity within the theme

 8  park or entertainment complex.

 9         (d)  This subsection does not preempt the application

10  of chapter 212 to any person who sells or resells any ticket

11  governed by this section.

12         Section 2.  Subsection (8) of section 559.9335, Florida

13  Statutes, is amended to read:

14         559.9335  Violations.--It is a violation of this part

15  for any person:

16         (8)  Knowingly to sell or market admissions tickets to

17  theme or amusement parks, sporting events, concerts, theater

18  productions, or other entertainment events, in excess of 25

19  percent $1 above the retail admission price charged by the

20  original seller of the said tickets, unless the said tickets

21  are part of a prearranged travel package that which includes

22  transportation or accommodations services, or are being resold

23  on behalf of the original seller of the said tickets, and the

24  seller of travel provides either a Florida seller of travel

25  registration number or an Airlines Reporting Corporation

26  agency code number in each advertisement that is placed in

27  newspapers circulated primarily in Florida.  When any original

28  seller of tickets provides a seller of travel with tickets in

29  bulk, the seller of travel is shall be deemed to be reselling

30  the tickets on behalf of the original seller. A person does

31  

                                  3

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






    Florida Senate - 2006                                  SB 1168
    21-325B-06




 1  not violate this subsection if the tickets are sold under s.

 2  817.36.

 3         Section 3.  This act shall take effect upon becoming a

 4  law.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Increases, from $1 to 25 percent above the retail price,
      the amount a person may charge when reselling a ticket
 9    for passage, accommodation, or admission. Provides that
      criminal penalties for the resale of certain admission
10    tickets do not apply if the resale is conducted under
      certain circumstances. Provides that criminal penalties
11    do apply if the ticket for resale is for admission to a
      theme park or entertainment complex or a permanent
12    exhibition or recreational activity within the theme park
      or entertainment complex. Provides that the act does not
13    preempt the application of the tax on sales to any person
      who sells or resells any admission ticket governed by the
14    act. Exempts sellers of travel from certain restrictions
      on the resale of admission tickets under certain
15    circumstances.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

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