HB 675

1
A bill to be entitled
2An act relating to resale of tickets; creating part XII of
3chapter 559, F.S.; providing definitions; requiring
4registration of certain ticket resellers; requiring
5specified information from registrants; providing for a
6registration fee; requiring a current registration
7certificate to obtain a local occupational license;
8requiring specified registration information in contracts
9and advertisements; requiring notice of changes of name or
10location; prohibiting assignment of registration;
11providing for application of specified administrative
12provisions to such registrations; permitting denial or
13revocation of registration in certain circumstances;
14providing for a performance bond; providing penalties;
15amending s. 817.357, F.S.; prohibiting use of computer
16software to evade quantity limits on ticket purchases;
17requiring an original ticket seller to provide specified
18information on a publicly available Internet site;
19providing penalties; amending s. 817.36, F.S.; providing
20civil penalties for certain violations; providing an
21effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Part XII of chapter 559, Florida Statutes,
26consisting of section 559.945, is created to read:
27
PART XII
28
TICKET RESELLERS
29     559.945  Ticket resellers.--
30     (1)  For the purposes of this section, the term:
31     (a)  "Department" means the Department of Agriculture and
32Consumer Services.
33     (b)  "Resale" means a sale of a ticket authorized under s.
34817.36(3).
35     (c)  "Ticket" means any ticket, token, paper, or other
36thing designed for admission to or the rendering of services by
37any sports, amusement, concert, or other facility offering
38services to the general public.
39     (2)  Each reseller of tickets shall annually register with
40the department, providing: its legal business or trade name,
41mailing address, and business locations; the full names,
42addresses, telephone numbers, and social security numbers of its
43owners or corporate officers and directors and the Florida agent
44of the corporation; a statement indicating whether it is a
45domestic or foreign corporation, its state and date of
46incorporation, its charter number, and, if a foreign
47corporation, the date it registered with the state, and
48occupational license where applicable; the date on which a
49reseller of tickets registered its fictitious name if the
50reseller of tickets is operating under a fictitious or trade
51name; the name of all other corporations, business entities, and
52trade names through which each owner of the reseller of tickets
53operated, was known, or did business as a reseller of tickets
54within the preceding 5 years; a list of all authorized
55independent agents, including the agent's trade name, full name,
56mailing address, business address, telephone numbers, and social
57security number; the business location and address of each
58branch office and the full name and address of the manager or
59supervisor; and proof of purchase of adequate bond or
60establishment of a letter of credit or certificate of deposit as
61required in this section. A certificate evidencing proof of
62registration shall be issued by the department and must be
63prominently displayed in the reseller of tickets' primary place
64of business.
65     (3)  Registration fees shall be $300 per year per
66registrant. All amounts collected shall be deposited by the
67Chief Financial Officer to the credit of the General Inspection
68Trust Fund of the Department of Agriculture and Consumer
69Services pursuant to s. 570.20, for the sole purpose of
70administration of this section.
71     (4)  Each independent agent shall annually file an
72affidavit with the department prior to engaging in business in
73this state. This affidavit must include the independent agent's
74full name, legal business or trade name, mailing address,
75business address, telephone number, social security number, and
76the name or names and addresses of each reseller of tickets
77represented by the independent agent. A letter evidencing proof
78of filing must be issued by the department and must be
79prominently displayed in the independent agent's primary place
80of business. As used in this subsection, the term "independent
81agent" means a person who represents a reseller of tickets by
82soliciting persons on its behalf; who has a written contract
83with a reseller of tickets that is operating in compliance with
84this section and any rules adopted thereunder; who does not
85receive a fee, commission, or other valuable consideration
86directly from the purchaser for the reseller of tickets; who
87does not at any time have any unissued ticket stock in his or
88her possession; and who does not have the ability to issue
89tickets.
90     (5)  Any person applying for or renewing a local
91occupational license to engage in business as a reseller of
92tickets must exhibit a current registration certificate from the
93department before the local occupational license may be issued
94or reissued.
95     (6)  Each contract of a reseller of tickets must include
96the phrase "  (NAME OF FIRM)   is registered with the State of
97Florida as a Reseller of Tickets. Registration No._____."
98     (7)  Each advertisement of a reseller of tickets must
99include the phrase "Fl. Reseller of Tickets Reg. No._____."
100     (8)  No registration shall be valid for any reseller of
101tickets transacting business at any place other than that
102designated in its application, unless the department is first
103notified in writing in advance of any change of location. A
104registration issued under this section shall not be assignable,
105and the reseller of tickets shall not be permitted to conduct
106business under more than one name except as registered. A
107reseller of tickets desiring to change its registered name or
108location or designated agent for service of process at a time
109other than upon renewal of registration shall notify the
110department of such change.
111     (9)  Applications under this section shall be subject to
112the provisions of s. 120.60.
113     (10)  The department may deny or refuse to renew the
114registration of any reseller of tickets based upon a
115determination that the reseller of tickets, or any of its
116directors, officers, owners, or general partners:
117     (a)  Has failed to meet the requirements for registration
118as provided in this section;
119     (b)  Has been convicted of a crime involving fraud,
120dishonest dealing, or any other act of moral turpitude;
121     (c)  Has not satisfied a civil fine or penalty arising out
122of any administrative or enforcement action brought by any
123governmental agency or private person based upon conduct
124involving fraud, dishonest dealing, or any violation of this
125section;
126     (d)  Has pending against him or her any criminal,
127administrative, or enforcement proceedings in any jurisdiction,
128based upon conduct involving fraud, dishonest dealing, or any
129other act of moral turpitude; or
130     (e)  Has had a judgment entered against him or her in any
131action brought by the department or the Department of Legal
132Affairs pursuant to ss. 501.201-501.213 or this section.
133     (11)(a)  An application must be accompanied by a
134performance bond in the amount of $25,000. The surety on such
135bond shall be a surety company authorized to do business in the
136state.
137     (b)  In lieu of the performance bond required in this
138subsection, a registrant or applicant for registration may
139establish a certificate of deposit or an irrevocable letter of
140credit in a Florida banking institution in the amount of the
141performance bond. The department shall be the beneficiary to
142this certificate of deposit, and the original shall be filed
143with the department. Any such letter of credit shall provide
144that the issuer will give the department not less than 120 days'
145written notice prior to terminating or refusing to renew the
146letter of credit.
147     (c)  The bond, letter of credit, or certificate of deposit
148shall be in favor of the department for the use and benefit of
149any ticket purchaser who is injured by the fraud,
150misrepresentation, breach of contract, financial failure, or
151violation of any provision of this section or s. 817.357 by the
152reseller of tickets. Such liability may be enforced either by
153proceeding in an administrative action as specified in paragraph
154(d) or by filing a judicial suit at law in a court of competent
155jurisdiction. However, in such court suit the bond, letter of
156credit, or certificate of deposit posted with the department
157shall not be amenable or subject to any judgment or other legal
158process issuing out of or from such court in connection with
159such lawsuit, but such bond, letter of credit, or certificate of
160deposit shall be amenable to and enforceable only by and through
161administrative proceedings before the department. It is the
162intent of the Legislature that such bond, letter of credit, or
163certificate of deposit shall be applicable and liable only for
164the payment of claims duly adjudicated by order of the
165department. The bond, letter of credit, or certificate of
166deposit shall be open to successive claims, but the aggregate
167amount may not exceed the amount of the bond, letter of credit,
168or certificate of deposit.
169     (d)  Any ticket purchaser may file a claim against the
170bond, letter of credit, or certificate of deposit which shall be
171made in writing to the department within 120 days after an
172alleged injury has occurred or is discovered to have occurred.
173The proceedings shall be held in accordance with ss. 120.569 and
174120.57.
175     (e)  In any situation in which the reseller of tickets is
176currently the subject of an administrative, civil, or criminal
177action by either the department, the Department of Legal
178Affairs, or the state attorney concerning compliance with this
179section, the right to proceed against the bond, letter of
180credit, or certificate of deposit, as provided in paragraph (d),
181shall be suspended until after any enforcement action becomes
182final.
183     (12)  A person who resells a ticket without a valid
184registration under this section commits a misdemeanor of the
185second degree, punishable as provided in s. 775.082 or s.
186775.083.
187     Section 2.  Section 817.357, Florida Statutes, is amended
188to read:
189     817.357  Purchase of tickets.--
190     (1)(a)  Whoever knowingly:
191     1.  Purchases from the original ticket seller a quantity of
192tickets to an event which exceeds the maximum ticket limit
193quantity posted by or on behalf of the original ticket seller at
194the point of original sale or printed on the tickets themselves
195and intends to resell such tickets;
196     2.  Uses computer software to purchase tickets to an event
197in a way that evades the ticket limit quantity posted by or on
198behalf of the original ticket seller; or
199     3.  Is an original ticket seller and refuses to post on a
200publicly available Internet website the following information in
201connection with the sale, allocation, or distribution of tickets
202to each event for which the seller is the original seller as
203soon as possible in conjunction with the original public sale:
204     a.  The number of tickets offered for sale to the general
205public at each price level;
206     b.  The number of tickets allocated or distributed to the
207original ticket seller or its agents at each price level;
208     c.  The number of tickets sold, allocated, or distributed
209to fan clubs at each price level;
210     d.  The number of tickets sold, allocated, or distributed
211to the promoter or performer or their agents at each price
212level; and
213     e.  The identity of the recipients of any tickets sold,
214allocated, or distributed to anyone not listed in sub-
215subparagraphs a.-d. at each price level,
216
217violates ss. 501.201-501.213, the Florida Deceptive and Unfair
218Trade Practices Act.
219     (b)  A person who violates subparagraph (a)2. commits a
220misdemeanor of the second degree, punishable as provided in s.
221775.082 or s. 775.083.
222     (2)  A person or firm is not liable under this section with
223respect to tickets for which that person or firm is the original
224ticket seller. For purposes of this section, the term "original
225ticket seller" means the issuer of such ticket or a person or
226firm who provides distribution services or ticket sales services
227under a contract with such issuer.
228     Section 3.  Section 817.36, Florida Statutes, is amended to
229read:
230     817.36  Resale of tickets.--
231     (1)  Whoever shall offer for resale or resell any ticket
232may only charge $1 above the admission price charged therefor by
233the original ticket seller of said ticket for the following
234transactions:
235     (a)(1)  Passage or accommodations on any common carrier in
236this state; however, the provisions of this paragraph subsection
237shall not apply to travel agencies that have an established
238place of business in this state, which place of business is
239required to pay state, county, and city occupational license
240taxes.
241     (b)(2)  Multiday or multievent tickets to a park or
242entertainment complex or to a concert, entertainment event,
243permanent exhibition, or recreational activity within such a
244park or complex, including an entertainment/resort complex as
245defined in s. 561.01(18).
246     (c)(3)  Any tickets, other than the tickets in paragraphs
247(a) and (b) subsections (1) and (2), that are resold or offered
248through an Internet website, unless such website is authorized
249by the original ticket seller or makes and posts the following
250guarantees and disclosures through Internet web pages on which
251are visibly posted, or links to web pages on which are posted,
252text to which a prospective purchaser is directed before
253completion of the resale transaction:
254     1.(a)  The website operator guarantees a full refund of the
255amount paid for the ticket including any servicing, handling, or
256processing fees, if such fees are not disclosed, when:
257     a.1.  The ticketed event is canceled;
258     b.2.  The purchaser is denied admission to the ticketed
259event, unless such denial is due to the action or omission of
260the purchaser;
261     c.3.  The ticket is not delivered to the purchaser in the
262manner requested and pursuant to any delivery guarantees made by
263the reseller and such failure results in the purchaser's
264inability to attend the ticketed event.
265     2.(b)  The website operator discloses that it is not the
266issuer, original seller, or reseller of the ticket or items and
267does not control the pricing of the ticket or items, which may
268be resold for more than their original value.
269     (2)(4)  Nothing in this section authorizes any individual
270or entity to sell or purchase tickets at any price on property
271where an event is being held without the prior express written
272consent of the owner of the property.
273     (3)(5)  Any sales tax due for resales under this section
274shall be remitted to the Department of Revenue in accordance
275with s. 212.04.
276     (4)  A person who sells a ticket or tickets in violation of
277this section is liable to the state for a civil penalty equal to
278treble the amount the ticket or tickets were sold for in
279violation of this section.
280     Section 4.  This act shall take effect October 1, 2008.


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