| 1 | A bill to be entitled |
| 2 | An act relating to resale of tickets; amending s. 817.36, |
| 3 | F.S.; increasing the maximum amount above retail price for |
| 4 | which specified tickets may be resold without violating |
| 5 | statute; providing an exception to the criminal penalty |
| 6 | for resale of tickets authorized by the original seller; |
| 7 | providing an exception to the criminal penalty for resale |
| 8 | of certain tickets through an Internet website in |
| 9 | specified circumstances; providing for sales tax |
| 10 | collection on ticket resales; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Subsection (2) of section 817.36, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 817.36 Resale of tickets of common carriers, places of |
| 17 | amusement, etc.-- |
| 18 | (2)(a) Whoever shall resell or offer for resale sale or |
| 19 | sell any ticket good for admission to any sporting exhibition, |
| 20 | athletic contest, theater, or other any exhibition, or to any |
| 21 | theme, amusement, or recreation park or entertainment complex |
| 22 | where an admission price is charged and request or receive a |
| 23 | price in excess of 25 percent $1 above the retail admission |
| 24 | price charged therefor by the original seller of the said ticket |
| 25 | commits shall be guilty of a misdemeanor of the second degree, |
| 26 | punishable as provided in s. 775.082 or s. 775.083. |
| 27 | (b) The provisions of paragraph (a) shall not prohibit the |
| 28 | resale or offer for resale of a ticket, at any price, if such |
| 29 | resale or offer is authorized by the ticket's original seller. |
| 30 | (c) The provisions of paragraph (a) also shall not prohibit |
| 31 | the resale or offer for resale of a non-park ticket, at any |
| 32 | price, if such resale or offer is made through an Internet |
| 33 | website and the website operator makes and posts the following |
| 34 | guarantees and disclosures through Internet web pages on which |
| 35 | are visibly posted text, or links to web pages on which are |
| 36 | posted text, to which a prospective purchaser is directed before |
| 37 | completion of the resale transaction: |
| 38 | 1. The website operator guarantees a full refund of the |
| 39 | amount paid for the ticket if: |
| 40 | a. The ticketed event is canceled; |
| 41 | b. The purchaser is denied admission to the ticketed event, |
| 42 | unless such denial is due to the action or omission of the |
| 43 | purchaser; or |
| 44 | c. The ticket is not delivered to the purchaser in the |
| 45 | manner requested and pursuant to any delivery guarantees made by |
| 46 | the reseller and such failure results in the purchaser's |
| 47 | inability to attend the ticketed event. |
| 48 | 2. The website operator discloses that it is not the |
| 49 | issuer, original seller, or reseller of the ticket or items and |
| 50 | does not control the pricing of the ticket or items, which may be |
| 51 | resold for more than their original value. |
| 52 |
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| 53 | A refund under subparagraph 1. shall include any servicing, |
| 54 | handling, or processing fees unless such fees are declared |
| 55 | nonrefundable under the terms of the guarantee. For purposes of |
| 56 | this paragraph, the term "non-park ticket" means a ticket that is |
| 57 | not for admission to a theme, amusement, or recreation park or |
| 58 | entertainment complex or to a permanent exhibition or |
| 59 | recreational activity within such a park or complex. |
| 60 | (d)(b) The provisions of paragraph (a) this subsection |
| 61 | shall apply to travel agencies that have an established place of |
| 62 | business in this state, which place of business is required to |
| 63 | pay state, county, and city occupational license taxes, unless |
| 64 | such agencies are registered sellers of travel pursuant to part |
| 65 | XI of chapter 559 and adhere to the restriction of selling said |
| 66 | tickets as part of the travel packages specified in that part, |
| 67 | and such travel agencies are reselling said tickets on behalf of |
| 68 | the original sellers of said tickets. When any original seller |
| 69 | of tickets provides a travel agency with tickets in bulk, the |
| 70 | travel agent shall be deemed to be reselling the tickets on |
| 71 | behalf of the original seller. |
| 72 | (e) Any sales tax due for resales under this subsection |
| 73 | shall be remitted to the Department of Revenue in accordance |
| 74 | with s. 212.04. |
| 75 | Section 2. This act shall take effect July 1, 2006. |