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A bill to be entitled

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An act relating to event tickets; amending s. 817.357,

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F.S.; providing that it is a violation of the Florida

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Deceptive and Unfair Trade Practices Act for any person to

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knowingly purchase from the original ticket seller a

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quantity of tickets to an event which exceeds the maximum

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ticket limit quantity posted by or on behalf of the

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original ticket seller at the point of original sale or

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printed on the tickets themselves with intent to resell

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such tickets; providing that it is a violation of the

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Florida Deceptive and Unfair Trade Practices Act for an

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original ticket seller to knowingly withhold, restrict, or

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otherwise prevent the availability of any tickets to the

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public with the intent to manipulate ticket prices for

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events at certain venues; providing that it is a violation

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of the Florida Deceptive and Unfair Trade Practices Act

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for an original ticket seller to knowingly refuse to post

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on a publicly available Internet website certain

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information in connection with the sale, allocation, or

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distribution of tickets to every event at certain venues

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within a specified period; providing that it is a

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violation of the Florida Deceptive and Unfair Trade

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Practices Act for a person to knowingly make available for

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sale on a ticket exchange or auction website any tickets

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to events at certain venues which were not first made

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available for sale to the public for a specified period,

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or attempt to restrict by any means the resale of such

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tickets as a condition of purchase or retention of such

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tickets or any contractual rights associated therewith;

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providing that it is a violation of the Florida Deceptive

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and Unfair Trade Practices Act for any operator of a place

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of entertainment to deny access to a ticket holder who

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possesses a resold ticket solely because that ticket was

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resold; amending s. 817.36, F.S.; providing a civil

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penalty for violations of state law regarding the resale

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of tickets; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 817.357, Florida Statutes, is amended to

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read:

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     817.357 Purchase of tickets.--It is a violation of ss.

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501.201-501.213, the Florida Deceptive and Unfair Trade Practices

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Act, for any person:

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     (1) Whoever Knowingly to purchase purchases from the

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original ticket seller a quantity of tickets to an event which

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exceeds the maximum ticket limit quantity posted by or on behalf

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of the original ticket seller at the point of original sale or

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printed on the tickets themselves with intent and intends to

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resell such tickets violates ss. 501.201-501.213, the Florida

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Deceptive and Unfair Trade Practices Act. A person or firm is not

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liable under this section with respect to tickets for which that

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person or firm is the original ticket seller. For purposes of

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this section, the term "original ticket seller" means the issuer

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of such ticket or a person or firm who provides distribution

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services or ticket sales services under a contract with such

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issuer.

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     (2) Who is an original ticket seller knowingly to withhold,

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restrict, or otherwise prevent the availability of any tickets to

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the general public during the original ticket sale with the

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intent to manipulate ticket prices for an event at a venue that

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directly or indirectly receives public funds. This subsection

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does not include tickets sold, allocated, or distributed to fan

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clubs, the promoter of the event, the performer, or the agents of

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the promoter or performer.

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     (3) Who is an original ticket seller knowingly to refuse to

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post on a publicly available Internet website, no later than 5

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calendar days before the date of original public sale and

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continue posting until the conclusion of the event, the following

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information in connection with the sale, allocation, or

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distribution of tickets to every event at a venue that directly

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or indirectly receives public funds for which he or she is the

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original ticket seller:

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     (a) The number of tickets offered for sale to the general

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public at each price level;

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     (b) The number of tickets allocated or distributed to the

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original ticket seller or its agents at each price level;

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     (c) The number of tickets sold, allocated, or distributed

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to fan clubs at each price level; and

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     (d) The number of tickets sold, allocated, or distributed

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to the event promoter, performer, or the agents of the promoter

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or performer at each price level.

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     (4) Knowingly to make available for sale on a ticket

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exchange or auction website any tickets that were not first made

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available for sale to the general public for a period of no less

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than 36 hours for an event at a venue directly or indirectly

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receiving public funds.

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     (5) Knowingly to offer for sale any tickets or packages for

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events at a venue directly or indirectly receiving public funds

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and attempt to restrict by any means the resale of any tickets or

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packages as a condition of purchase, as a condition to retain

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such tickets or season ticket package agreement, or as a

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condition to retain any contractual rights to purchase future

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tickets.

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     (6) Who is an operator of a place of entertainment to deny

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access to a ticket holder who possesses a resold ticket to an

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event based solely on the grounds that such ticket has been

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resold.

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     Section 2.  Section 817.36, Florida Statutes, is amended to

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read:

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     817.36  Resale of tickets.--

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     (1) Whoever shall offer for resale or resell any ticket may

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only charge $1 above the admission price charged therefor by the

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original ticket seller of said ticket for the following

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transactions:

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     (a)(1) Passage or accommodations on any common carrier in

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this state; however, the provisions of this paragraph does

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subsection shall not apply to travel agencies that have an

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established place of business in this state, which place of

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business is required to pay state, county, and city occupational

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license taxes.

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     (b)(2) Multiday or multievent tickets to a park or

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entertainment complex or to a concert, entertainment event,

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permanent exhibition, or recreational activity within such a park

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or complex, including an entertainment/resort complex as defined

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in s. 561.01(18).

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     (c)(3) Any tickets, other than the tickets described in

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paragraphs (a) and (b), which subsections (1) and (2), that are

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resold or offered through an Internet website, unless such

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website is authorized by the original ticket seller or makes and

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posts the following guarantees and disclosures through Internet

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web pages on which are visibly posted, or links to web pages on

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which are posted, text to which a prospective purchaser is

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directed before completion of the resale transaction:

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     1.(a) The website operator guarantees a full refund of the

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amount paid for the ticket including any servicing, handling, or

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processing fees, if such fees are not disclosed, when:

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     a.1. The ticketed event is canceled;

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     b.2. The purchaser is denied admission to the ticketed

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event, unless such denial is due to the action or omission of the

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purchaser;

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     c.3. The ticket is not delivered to the purchaser in the

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manner requested and pursuant to any delivery guarantees made by

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the reseller and such failure results in the purchaser's

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inability to attend the ticketed event.

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     2.(b) The website operator discloses that it is not the

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issuer, original seller, or reseller of the ticket or items and

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does not control the pricing of the ticket or items, which may be

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resold for more than their original value.

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     (2)(4) Nothing in This section does not authorize

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authorizes any individual or entity to sell or purchase tickets

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at any price on property where an event is being held without the

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prior express written consent of the owner of the property.

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     (3)(5) Any sales tax due for resales under this section

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shall be remitted to the Department of Revenue in accordance with

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s. 212.04.

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     (4) A person who sells a ticket in violation of this

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section is liable to the state for a civil penalty equal to three

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times the gross amount received by the violator for each ticket

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sold in violation of this section, not to exceed $3,000 per

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violation.

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     Section 3.  This act shall take effect July 1, 2008.