Senate Bill sb1168c2

    Florida Senate - 2006                    CS for CS for SB 1168

    By the Committees on General Government Appropriations;
    Commerce and Consumer Services; and Senators Bennett and
    Fasano



    601-2263-06

  1                      A bill to be entitled

  2         An act relating to resale of tickets; repealing

  3         s. 559.9335(8), F.S., related to the

  4         prohibition of selling or marketing certain

  5         admissions tickets above their retail value;

  6         creating s. 817.357, F.S.; providing that

  7         purchasing tickets in excess of the maximum

  8         number allowed with the intent to resell those

  9         tickets is a violation of the Florida Deceptive

10         and Unfair Trade Practices Act; amending s.

11         817.36, F.S.; deleting the prohibition on the

12         resale of tickets; providing an effective date.

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

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16         Section 1.  Subsection (8) of section 559.9335, Florida

17  Statutes, is repealed.

18         Section 2.  Section 817.357, Florida Statutes, is

19  created to read:

20         817.357  Purchase of tickets.--Whoever knowingly

21  purchases from the original seller and intends to resell a

22  quantity of tickets to an event which exceeds the maximum

23  amount posted by or on behalf of the original ticket seller at

24  the point of original sale or printed on the tickets

25  themselves violates ss. 501.201-501.213, the Florida Deceptive

26  and Unfair Trade Practices Act. A person or firm is not liable

27  under this section with respect to tickets for which that

28  person or firm is the original ticket seller or for which that

29  person or firm provides contracted services for such original

30  ticket seller in connection with such sales.

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    Florida Senate - 2006                    CS for CS for SB 1168
    601-2263-06




 1         Section 3.  Section 817.36, Florida Statutes, is

 2  amended to read:

 3         817.36  Resale of tickets of common carriers, places of

 4  amusement, etc.--

 5         (1)(a)  Whoever shall offer for sale or sell any ticket

 6  good for passage or accommodations on any common carrier in

 7  this state and request or receive a price in excess of $1

 8  above the retail price charged therefor by the original seller

 9  of said ticket shall be guilty of a misdemeanor of the second

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

11         (b)  The provisions of this subsection shall This

12  section does not apply to travel agencies that have an

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

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

15  occupational license taxes.

16         (2)(a)  Whoever shall offer for sale or sell any ticket

17  good for admission to any sporting exhibition, athletic

18  contest, theater, or any exhibition where an admission price

19  is charged and request or receive a price in excess of $1

20  above the retail admission price charged therefor by the

21  original seller of said ticket shall be guilty of a

22  misdemeanor of the second degree, punishable as provided in s.

23  775.082 or s. 775.083.

24         (b)  The provisions of this subsection shall apply to

25  travel agencies that have an established place of business in

26  this state, which place of business is required to pay state,

27  county, and city occupational license taxes, unless such

28  agencies are registered sellers of travel pursuant to part XI

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

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

31  and such travel agencies are reselling said tickets on behalf

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    Florida Senate - 2006                    CS for CS for SB 1168
    601-2263-06




 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         Section 4.  This act shall take effect July 1, 2006.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                            CS/SB 1168

 9                                 

10  Repeals subsection 817.36(2), Florida Statutes, part of
    Florida's ticket scalping law, in order to remove the
11  prohibition against selling admission tickets to theme or
    amusement parks, sporting events, concerts, theater
12  productions, or entertainment events for more than $1 above
    the retail price of the tickets.
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    Creates a Florida Deceptive and Unfair Trade Practices Act
14  violation for anyone who knowingly buys tickets in excess of
    retail caps placed on the quantity of tickets that may be
15  purchased with the intent to resell those tickets.

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