Senate Bill sb1168
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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.
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23 Be It Enacted by the Legislature of the State of Florida:
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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
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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.
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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
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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.
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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.
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