Senate Bill sb1168c1
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Florida Senate - 2006 CS for SB 1168
By the Committee on Commerce and Consumer Services; and
Senators Bennett and Fasano
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1 A bill to be entitled
2 An act relating to resale of tickets; creating
3 s. 817.357, F.S.; providing a criminal penalty
4 for purchasing tickets in excess of the maximum
5 number allowed with the intent to resell those
6 tickets; amending s. 817.36, F.S.; increasing
7 the maximum amount above retail price for which
8 specified tickets may be resold without
9 violating statute; providing an exception to
10 the criminal penalty for resale of tickets
11 authorized by the original seller; providing an
12 exception to the criminal penalty for resale of
13 certain tickets through an Internet website in
14 specified circumstances; providing for sales
15 tax collection on ticket resales; amending s.
16 559.9335, F.S.; revising the prohibition on
17 resale of tickets by sellers of travel;
18 providing that it is a violation to resell or
19 offer for resale a ticket in violation of s.
20 817.36(2), F.S.; providing an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Section 817.357, Florida Statutes, is
25 created to read:
26 817.357 Purchase of tickets.--Whoever knowingly
27 purchases from the original seller and intends to resell a
28 quantity of tickets to an event which exceeds the maximum
29 amount posted by or on behalf of the original ticket seller at
30 the point of original sale or printed on the tickets
31 themselves commits a misdemeanor of the second degree,
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Florida Senate - 2006 CS for SB 1168
577-1887-06
1 punishable as provided in s. 775.082 or s. 775.083. No person
2 or firm shall have any liability under this section with
3 respect to tickets for which that person or firm is the
4 original ticket seller or for which that person or firm
5 provides contracted services for such original ticket seller
6 in connection with such sales.
7 Section 2. Subsection (2) of section 817.36, Florida
8 Statutes, is amended to read:
9 817.36 Resale of tickets of common carriers, places of
10 amusement, etc.--
11 (2)(a) Whoever resells or offers shall offer for
12 resale sale or sell any ticket good for admission to any
13 sporting exhibition, athletic contest, theater, or other any
14 exhibition, or to any theme, amusement, or recreation park or
15 entertainment complex, where an admission price is charged
16 and request or receive a price in excess of 25 percent $1
17 above the retail admission price charged therefor by the
18 original seller of the said ticket commits shall be guilty of
19 a misdemeanor of the second degree, punishable as provided in
20 s. 775.082 or s. 775.083.
21 (b) Paragraph (a) does not prohibit the resale or
22 offer for resale of a ticket, at any price, if such resale or
23 offer is authorized by the ticket's original seller.
24 (c) Paragraph (a) also does not prohibit the resale or
25 offer for resale of a nonpark ticket, at any price, if such
26 resale or offer is made through an Internet website and the
27 website operator makes and posts the following guarantees and
28 disclosures to which a prospective purchaser is directed
29 before completion of the resale transaction:
30 1. The website operator guarantees a full refund of
31 the amount paid for the ticket if:
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Florida Senate - 2006 CS for SB 1168
577-1887-06
1 a. The ticketed event is canceled;
2 b. The purchaser is denied admission to the ticketed
3 event, unless such denial is due to the action or omission of
4 the purchaser; or
5 c. The ticket is not delivered to the purchaser in the
6 manner requested and pursuant to any delivery guarantees made
7 by the reseller and such failure results in the purchaser's
8 inability to attend the ticketed event.
9 2. The website operator discloses through Internet web
10 pages on which are posted text, or links to web pages on which
11 are posted text, that it is not the issuer, original seller,
12 or reseller of the ticket or items and does not control the
13 pricing of the ticket or items, which may be resold for more
14 than their original value.
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16 A refund under subparagraph 1. shall include any servicing,
17 handling, or processing fees unless such fees are declared
18 nonrefundable under the terms of the guarantee. For purposes
19 of this paragraph, the term "nonpark ticket" means a ticket
20 that is not for admission to a theme, amusement, or recreation
21 park or entertainment complex or to a permanent exhibition or
22 recreational activity within such a park or complex.
23 (d)(b) Paragraph (a) applies The provisions of this
24 subsection shall apply to travel agencies that have an
25 established place of business in this state, which place of
26 business is required to pay state, county, and city
27 occupational license taxes, unless such agencies are
28 registered sellers of travel pursuant to part XI of chapter
29 559 and adhere to the restriction of selling such said tickets
30 as part of the travel packages specified in that part, and
31 such travel agencies are reselling such said tickets on behalf
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Florida Senate - 2006 CS for SB 1168
577-1887-06
1 of the original sellers of said tickets. When any original
2 seller of tickets provides a travel agency with tickets in
3 bulk, the travel agent shall be deemed to be reselling the
4 tickets on behalf of the original seller.
5 (e) Sales tax for any resale under this subsection
6 shall be remitted to the Department of Revenue in accordance
7 with s. 212.04.
8 Section 3. Subsection (8) of section 559.9335, Florida
9 Statutes, is amended to read:
10 559.9335 Violations.--It is a violation of this part
11 for any person:
12 (8) To resell or offer for resale a ticket in
13 violation of s. 817.36(2). Knowingly to sell or market
14 admissions tickets to theme or amusement parks, sporting
15 events, concerts, theater productions, or other entertainment
16 events, in excess of $1 above the retail admission price
17 charged by the original seller of said tickets, unless said
18 tickets are part of a prearranged travel package which
19 includes transportation or accommodations services, are being
20 resold on behalf of the original seller of said tickets, and
21 the seller of travel provides either a Florida seller of
22 travel registration number or an Airlines Reporting
23 Corporation agency code number in each advertisement that is
24 placed in newspapers circulated primarily in Florida. When
25 any original seller of tickets provides a seller of travel
26 with tickets in bulk, the seller of travel shall be deemed to
27 be reselling the tickets on behalf of the original seller.
28 Section 4. This act shall take effect July 1, 2006.
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Florida Senate - 2006 CS for SB 1168
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1168
3
4 This committee substitute makes the following changes to the
bill as filed:
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- Imposes a criminal penalty on anyone who intentionally
6 buys tickets in excess of caps placed on the quantity
that may be purchased with the intent to resell those
7 tickets;
8 - Specifies that criminal penalties will not apply if
tickets are offered by the original seller;
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- Provides that no criminal penalty will apply to the sale
10 of tickets over the Internet where the website operator
guarantees a full refund of the amount paid under certain
11 specified circumstances and discloses that it is not the
original seller of the tickets and has no control over
12 prices;
13 - Requires that sales tax be remitted on all transactions;
and
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- Inserts a conforming provision into the sellers of travel
15 statute, s. 559.9335, F.S.
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