| 1 | The State Resources Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to resale of tickets; amending s. |
| 7 | 559.9335, F.S.; deleting a provision making the sale or |
| 8 | marketing of certain admission tickets at a price in |
| 9 | excess of $1 above the retail admission price charged by |
| 10 | the original seller a violation of the Sellers of Travel |
| 11 | Act in certain circumstances; amending s. 817.36, F.S.; |
| 12 | increasing the maximum amount above retail price for which |
| 13 | specified tickets may be resold without violating statute; |
| 14 | providing an exception to the criminal penalty for resale |
| 15 | of tickets authorized by the original seller; providing an |
| 16 | exception to the criminal penalty for resale of certain |
| 17 | tickets through an Internet website in specified |
| 18 | circumstances; providing for sales tax collection on |
| 19 | ticket resales; providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Subsections (9) through (25) of section |
| 24 | 559.9335, Florida Statutes, are renumbered as subsections (8) |
| 25 | through (24), respectively, and subsection (8) of that section |
| 26 | is amended to read: |
| 27 | 559.9335 Violations.--It is a violation of this part for |
| 28 | any person: |
| 29 | (8) Knowingly to sell or market admissions tickets to |
| 30 | theme or amusement parks, sporting events, concerts, theater |
| 31 | productions, or other entertainment events, in excess of $1 |
| 32 | above the retail admission price charged by the original seller |
| 33 | of said tickets, unless said tickets are part of a prearranged |
| 34 | travel package which includes transportation or accommodations |
| 35 | services, are being resold on behalf of the original seller of |
| 36 | said tickets, and the seller of travel provides either a Florida |
| 37 | seller of travel registration number or an Airlines Reporting |
| 38 | Corporation agency code number in each advertisement that is |
| 39 | placed in newspapers circulated primarily in Florida. When any |
| 40 | original seller of tickets provides a seller of travel with |
| 41 | tickets in bulk, the seller of travel shall be deemed to be |
| 42 | reselling the tickets on behalf of the original seller. |
| 43 | Section 2. Subsection (2) of section 817.36, Florida |
| 44 | Statutes, is amended to read: |
| 45 | 817.36 Resale of tickets of common carriers, places of |
| 46 | amusement, etc.-- |
| 47 | (2)(a) Whoever shall resell or offer for resale sale or |
| 48 | sell any ticket good for admission to any sporting exhibition, |
| 49 | athletic contest, theater, or other any exhibition, or to any |
| 50 | park or entertainment complex or to a concert, entertainment |
| 51 | event, permanent exhibition, or recreational activity within |
| 52 | such a park or complex, including an entertainment/resort |
| 53 | complex as defined in s. 561.01(18), where an admission price is |
| 54 | charged and request or receive a price in excess of 25 percent |
| 55 | $1 above the retail admission price charged therefor by the |
| 56 | original seller of the said ticket commits shall be guilty of a |
| 57 | misdemeanor of the second degree, punishable as provided in s. |
| 58 | 775.082 or s. 775.083. |
| 59 | (b) The provisions of paragraph (a) shall not prohibit the |
| 60 | resale or offer for resale of a ticket, at any price, if such |
| 61 | resale or offer is authorized by the ticket's original seller. |
| 62 | (c) The provisions of paragraph (a) also shall not |
| 63 | prohibit the resale or offer for resale of a non-park ticket, at |
| 64 | any price, if such resale or offer is made through an Internet |
| 65 | website and the website operator makes and posts 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 | 1. The website operator guarantees a full refund of the |
| 71 | amount paid for the ticket if: |
| 72 | a. The ticketed event is canceled; |
| 73 | b. The purchaser is denied admission to the ticketed |
| 74 | event, unless such denial is due to the action or omission of |
| 75 | the purchaser; or |
| 76 | c. The ticket is not delivered to the purchaser in the |
| 77 | manner requested and pursuant to any delivery guarantees made by |
| 78 | the reseller and such failure results in the purchaser's |
| 79 | inability to attend the ticketed event. |
| 80 | 2. The website operator discloses that it is not the |
| 81 | issuer, original seller, or reseller of the ticket or items and |
| 82 | does not control the pricing of the ticket or items, which may |
| 83 | be resold for more than their original value. |
| 84 |
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| 85 | A refund under subparagraph 1. shall include any servicing, |
| 86 | handling, or processing fees unless such fees are declared |
| 87 | nonrefundable under the terms of the guarantee. For purposes of |
| 88 | this paragraph, the term "non-park ticket" means a ticket that |
| 89 | is not for admission to a theme, amusement, or recreation park |
| 90 | or entertainment complex or to a permanent exhibition or |
| 91 | recreational activity within such a park or complex. |
| 92 | (d)(b) The provisions of paragraph (a) this subsection |
| 93 | shall apply to travel agencies that have an established place of |
| 94 | business in this state, which place of business is required to |
| 95 | pay state, county, and city occupational license taxes, unless |
| 96 | such agencies are registered sellers of travel pursuant to part |
| 97 | XI of chapter 559 and adhere to the restriction of selling said |
| 98 | tickets as part of the travel packages specified in that part, |
| 99 | and such travel agencies are reselling said tickets on behalf of |
| 100 | the original sellers of said tickets. When any original seller |
| 101 | of tickets provides a travel agency with tickets in bulk, the |
| 102 | travel agent shall be deemed to be reselling the tickets on |
| 103 | behalf of the original seller. |
| 104 | (e) Any sales tax due for resales under this subsection |
| 105 | shall be remitted to the Department of Revenue in accordance |
| 106 | with s. 212.04. |
| 107 | Section 3. This act shall take effect July 1, 2006. |