Florida Senate - 2008 SB 2198
By Senator Bennett
21-03212A-08 20082198__
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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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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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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.
CODING: Words stricken are deletions; words underlined are additions.