HCB 6003 (for HBs 515, 589)

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

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