Amendment
Bill No. 6003

Amendment No. 478349

CHAMBER ACTION
Senate		House
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1	Representatives Stargel and Llorente offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Subsections (9) through (25) of section
6	559.9335, Florida Statutes, are renumbered as subsections (8)
7	through (24), respectively, and subsection (8) of that section
8	is amended to read:
9	559.9335  Violations.--It is a violation of this part for
10	any person:
11	(8)  Knowingly to sell or market admissions tickets to
12	theme or amusement parks, sporting events, concerts, theater
13	productions, or other entertainment events, in excess of $1
14	above the retail admission price charged by the original seller
15	of said tickets, unless said tickets are part of a prearranged
16	travel package which includes transportation or accommodations
17	services, are being resold on behalf of the original seller of
18	said tickets, and the seller of travel provides either a Florida
19	seller of travel registration number or an Airlines Reporting
20	Corporation agency code number in each advertisement that is
21	placed in newspapers circulated primarily in Florida. When any
22	original seller of tickets provides a seller of travel with
23	tickets in bulk, the seller of travel shall be deemed to be
24	reselling the tickets on behalf of the original seller.
25	Section 2.  Section 817.357, Florida Statutes, is created
26	to read:
27	817.357  Purchase of tickets.--Whoever knowingly purchases
28	from the original ticket seller a quantity of tickets to an
29	event which exceeds the maximum ticket limit quantity posted by
30	or on behalf of the original ticket seller at the point of
31	original sale or printed on the tickets themselves and intends
32	to resell such tickets violates ss. 501.201-501.213, the Florida
33	Deceptive and Unfair Trade Practices Act. A person or firm is
34	not liable under this section with respect to tickets for which
35	that person or firm is the original ticket seller. For purposes
36	of this section, the term "original ticket seller" means the
37	issuer of such ticket or a person or firm who provides
38	distribution services or ticket sales services under a contract
39	with such issuer.
40	Section 3.  Section 817.36, Florida Statutes, is amended to
41	read:
42	817.36  Resale of tickets of common carriers, places of
43	amusement, etc.--
44	(1)(a)  Whoever shall offer for resale sale or resell sell
45	any ticket may only charge $1 above the admission price charged
46	therefor of the original ticket seller of said ticket for the
47	following transactions:
48	(1)  good for Passage or accommodations on any common
49	carrier in this state; however, and request or receive a price
50	in excess of $1 above the retail price charged therefor by the
51	original seller of said ticket shall be guilty of a misdemeanor
52	of the second degree, punishable as provided in s. 775.082 or s.
53	775.083.
54	(b)  the provisions of this subsection shall not apply to
55	travel agencies that have an established place of business in
56	this state, which place of business is required to pay state,
57	county, and city occupational license taxes.
58	(2)  Multiday or multievent tickets to a park or
59	entertainment complex or to a concert, entertainment event,
60	permanent exhibition, or recreational activity within such a
61	park or complex, including an entertainment/resort complex as
62	defined in s. 561.01(18).
63	(3)  Any tickets, other than the tickets in subsections (1)
64	and (2), that are resold or offered through an Internet website
65	when such website does not make and post the following
66	guarantees and disclosures through Internet web pages on which
67	are visibly posted text, or links to web pages on which are
68	posted, text to which a prospective purchaser is directed before
69	completion of the resale transaction:
70	(a)  The website operator guarantees a full refund of the
71	amount paid for the ticket including any servicing, handling, or
72	processing fees, if such fees are not disclosed, when:
73	1.  The ticketed event is canceled;
74	2.  The purchaser is denied admission to the ticketed
75	event, unless such denial is due to the action or omission of
76	the purchaser;
77	3.  The ticket is not delivered to the purchaser in the
78	manner requested and pursuant to any delivery guarantees made by
79	the reseller and such failure results in the purchaser's
80	inability to attend the ticketed event.
81	(b)  The website operator discloses that it is not the
82	issuer, original seller, or reseller of the ticket or items and
83	does not control the pricing of the ticket or items, which may
84	be resold for more than their original value.
85	(4)  Nothing in this section authorizes any individual or
86	entity to sell or purchase tickets at any price on property
87	where an event is being held without the prior express written
88	consent of the owner of the property.
89	(5)  Any sales tax due for resales under this section shall
90	be remitted to the Department of Revenue in accordance with s.
91	212.04.
92	(2)(a)  Whoever shall offer for sale or sell any ticket
93	good for admission to any sporting exhibition, athletic contest,
94	theater, or any exhibition where an admission price is charged
95	and request or receive a price in excess of $1 above the retail
96	admission price charged therefor by the original seller of said
97	ticket shall be guilty of a misdemeanor of the second degree,
98	punishable as provided in s. 775.082 or s. 775.083.
99	(b)  The provisions of this subsection shall apply to
100	travel agencies that have an established place of business in
101	this state, which place of business is required to pay state,
102	county, and city occupational license taxes, unless such
103	agencies are registered sellers of travel pursuant to part XI of
104	chapter 559 and adhere to the restriction of selling said
105	tickets as part of the travel packages specified in that part,
106	and such travel agencies are reselling said tickets on behalf of
107	the original sellers of said tickets. When any original seller
108	of tickets provides a travel agency with tickets in bulk, the
109	travel agent shall be deemed to be reselling the tickets on
110	behalf of the original seller.
111	Section 4.  This act shall take effect July 1, 2006.
112
113	======= T I T L E  A M E N D M E N T ==========
114	Remove the entire title and insert:
115	A bill to be entitled
116	An act relating to resale of tickets; amending s.
117	559.9335, F.S.; deleting a provision making the sale or
118	marketing of certain admission tickets at a price in
119	excess of $1 above the retail admission price charged by
120	the original seller a violation of the Sellers of Travel
121	Act in certain circumstances; creating s. 817.357, F.S.;
122	providing that purchasing tickets in excess of a specified
123	amount with the intent to resell those tickets is a
124	violation of the Florida Deceptive and Unfair Trade
125	Practices Act; providing a definition; amending s. 817.36,
126	F.S.; prohibiting resale of tickets for more than $1 above
127	the resale admission price charged therefor by the
128	original seller in specified circumstances; providing that
129	the section does not authorize any individual or entity to
130	sell or purchase tickets at any price on property where an
131	event is being held without the prior express written
132	consent of the owner of the property; providing for sales
133	tax collection on ticket resales; providing an effective
134	date.

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