| 1 | A bill to be entitled |
| 2 | An act relating to resale of tickets; amending s. 817.36, |
| 3 | F.S.; revising terminology; increasing the maximum amount |
| 4 | above retail price for which specified tickets may be |
| 5 | resold without violating statute; providing an exception |
| 6 | to the criminal penalty for resale of certain admission |
| 7 | tickets for resales made through a credit card or other |
| 8 | electronic payment mechanism that offers reimbursement for |
| 9 | fraud, misrepresentation, or nonperformance; amending s. |
| 10 | 559.9335, F.S.; providing that such a resale does not |
| 11 | constitute a regulatory violation for a licensed seller of |
| 12 | travel; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 817.36, Florida Statutes, is amended to |
| 17 | read: |
| 18 | 817.36 Resale of tickets of common carriers, places of |
| 19 | amusement, etc.-- |
| 20 | (1)(a) Whoever shall offer for sale or sell any ticket |
| 21 | good for passage or accommodations on any common carrier in this |
| 22 | state and request or receive a price in excess of 25 percent $1 |
| 23 | above the retail price charged therefor by the original seller |
| 24 | of said ticket commits shall be guilty of a misdemeanor of the |
| 25 | second degree, punishable as provided in s. 775.082 or s. |
| 26 | 775.083. |
| 27 | (b) The provisions of paragraph (a) this subsection shall |
| 28 | not apply to travel agencies that have an established place of |
| 29 | business in this state, which place of business is required to |
| 30 | pay state, county, and city occupational license taxes. |
| 31 | (2)(a) Whoever shall offer for sale or sell any ticket |
| 32 | good for admission to any sporting exhibition, athletic contest, |
| 33 | theater, or any exhibition where an admission price is charged |
| 34 | and request or receive a price in excess of 25 percent $1 above |
| 35 | the retail admission price charged therefor by the original |
| 36 | seller of said ticket commits shall be guilty of a misdemeanor |
| 37 | of the second degree, punishable as provided in s. 775.082 or s. |
| 38 | 775.083. |
| 39 | (b) The provisions of paragraph (a) this subsection shall |
| 40 | apply to travel agencies that have an established place of |
| 41 | business in this state, which place of business is required to |
| 42 | pay state, county, and city occupational license taxes, unless |
| 43 | such agencies are registered sellers of travel pursuant to part |
| 44 | XI of chapter 559 and adhere to the restriction of selling said |
| 45 | tickets as part of the travel packages specified in that part, |
| 46 | and such travel agencies are reselling said tickets on behalf of |
| 47 | the original sellers of said tickets. When any original seller |
| 48 | of tickets provides a travel agency with tickets in bulk, the |
| 49 | travel agent shall be deemed to be reselling the tickets on |
| 50 | behalf of the original seller. |
| 51 | (c) The provisions of paragraph (a) shall not apply to any |
| 52 | transaction in which the ticket is purchased through an |
| 53 | electronic medium using a credit card or other electronic |
| 54 | payment mechanism that offers full reimbursement for fraud, |
| 55 | misrepresentation, or nonperformance unless the ticket is for |
| 56 | admission to a theme park or entertainment complex as defined in |
| 57 | s. 509.013 or to a permanent exhibition or recreational activity |
| 58 | within such a theme park or entertainment complex. |
| 59 | (d) Nothing in this subsection shall affect the |
| 60 | application of chapter 212 to any person with respect to the |
| 61 | sale or resale of any ticket. |
| 62 | Section 2. Subsection (8) of section 559.9335, Florida |
| 63 | Statutes, is amended to read: |
| 64 | 559.9335 Violations.--It is a violation of this part for |
| 65 | any person: |
| 66 | (8) Knowingly to sell or market admissions tickets to |
| 67 | theme or amusement parks, sporting events, concerts, theater |
| 68 | productions, or other entertainment events, in excess of 25 |
| 69 | percent $1 above the retail admission price charged by the |
| 70 | original seller of said tickets, unless said tickets are part of |
| 71 | a prearranged travel package which includes transportation or |
| 72 | accommodations services, are being resold on behalf of the |
| 73 | original seller of said tickets, and the seller of travel |
| 74 | provides either a Florida seller of travel registration number |
| 75 | or an Airlines Reporting Corporation agency code number in each |
| 76 | advertisement that is placed in newspapers circulated primarily |
| 77 | in Florida. When any original seller of tickets provides a |
| 78 | seller of travel with tickets in bulk, the seller of travel |
| 79 | shall be deemed to be reselling the tickets on behalf of the |
| 80 | original seller. A resale of tickets permitted under s. |
| 81 | 817.36(2)(c) shall not constitute a violation of this |
| 82 | subsection. |
| 83 | Section 3. This act shall take effect upon becoming a law. |