HB 589

1
A bill to be entitled
2An act relating to resale of tickets; amending s. 817.36,
3F.S.; revising terminology; permitting resale of a ticket
4to a professional sporting exhibition or professional
5athletic contest at a price above the original sales price
6in specified circumstances; providing for sales tax
7collection on such resales; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Section 817.36, Florida Statutes, is amended to
12read:
13     817.36  Resale of tickets of common carriers, places of
14amusement, etc.--
15     (1)(a)  Whoever offers shall offer for resale sale or sells
16sell any ticket good for passage or accommodations on any common
17carrier in this state and requests request or receives receive a
18price in excess of $1 above the retail price charged therefor by
19the original seller of said ticket commits shall be guilty of a
20misdemeanor of the second degree, punishable as provided in s.
21775.082 or s. 775.083.
22     (b)  The provisions of paragraph (a) this subsection shall
23not apply to travel agencies that have an established place of
24business in this state, which place of business is required to
25pay state, county, and city occupational license taxes.
26     (2)(a)  Whoever offers shall offer for resale sale or sells
27sell any ticket good for admission to any sporting exhibition,
28athletic contest, theater, or any exhibition where an admission
29price is charged and requests request or receives receive a
30price in excess of $1 above the retail admission price charged
31therefor by the original seller of said ticket commits shall be
32guilty of a misdemeanor of the second degree, punishable as
33provided in s. 775.082 or s. 775.083.
34     (b)1.  The provisions of paragraph (a) shall not apply to
35an offer for the resale or to the resale of a ticket to a
36professional sporting exhibition or a professional athletic
37contest through an Internet website:
38     a.  Operated by the manager of the facility at which the
39exhibition or contest is occurring; or
40     b.  Operated by the management of a sports team or league
41that has been granted permission by the manager of the facility
42at which the exhibition or contest is occurring to offer for
43resale and to sell tickets to the exhibition or contest and the
44team or league has received from the facility manager the rights
45to be an original seller of such tickets.
46     2.  Sales tax for resales under this paragraph shall be
47remitted to the Department of Revenue under s. 212.04 on that
48portion of the ticket's resale price received by the reseller in
49excess of those amounts that have already been taxed in
50connection with prior sales of such ticket, with such excess
51portion being deemed the sales price for the purposes of s.
52212.04.
53     (c)(b)  The provisions of paragraph (a) this subsection
54shall apply to travel agencies that have an established place of
55business in this state, which place of business is required to
56pay state, county, and city occupational license taxes, unless
57such agencies are registered sellers of travel pursuant to part
58XI of chapter 559 and adhere to the restriction of selling said
59tickets as part of the travel packages specified in that part,
60and such travel agencies are reselling said tickets on behalf of
61the original sellers of said tickets. When any original seller
62of tickets provides a travel agency with tickets in bulk, the
63travel agent shall be deemed to be reselling the tickets on
64behalf of the original seller.
65     Section 2.  This act shall take effect July 1, 2006.


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