| 1 | A bill to be entitled |
| 2 | An act relating to resale of tickets; amending s. 817.36, |
| 3 | F.S.; providing restrictions on the resale of event |
| 4 | tickets by or benefiting a tax-exempt charitable |
| 5 | organization; allowing a charitable organization as an |
| 6 | original ticket issuer or seller to have the choice to |
| 7 | prohibit ticket purchases for resale or to require |
| 8 | contractual agreements with ticket resellers; requiring |
| 9 | that a person or entity who offers to sell or resell over |
| 10 | the Internet tickets to specified public entertainment or |
| 11 | amusement events of any kind may not offer such tickets |
| 12 | for sale until such tickets have first been offered for |
| 13 | sale via an event-provider-authorized outlet or offering; |
| 14 | providing exceptions; prohibiting use of computer software |
| 15 | to circumvent a ticket seller's website security measures, |
| 16 | access control systems, or other controls or measures used |
| 17 | to ensure an equitable ticket-buying process; providing |
| 18 | penalties; defining the term "software"; providing that a |
| 19 | violation of this section is a violation of the Florida |
| 20 | Deceptive and Unfair Trade Practices Act; providing for a |
| 21 | civil penalty equal to treble the amount for which tickets |
| 22 | were sold in violation of s. 817.36, F.S.; providing an |
| 23 | effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Section 817.36, Florida Statutes, is amended to |
| 28 | read: |
| 29 | 817.36 Resale of tickets.-- |
| 30 | (1) A person or entity who offers Whoever shall offer for |
| 31 | resale or resells resell any ticket may only charge $1 above the |
| 32 | admission price charged therefor by the original ticket seller |
| 33 | of the said ticket for the following transactions: |
| 34 | (a)(1) Passage or accommodations on any common carrier in |
| 35 | this state.; however, the provisions of This paragraph does |
| 36 | subsection shall not apply to travel agencies that have an |
| 37 | established place of business in this state, which place of |
| 38 | business is required to pay state, county, and city occupational |
| 39 | license taxes. |
| 40 | (b)(2) Multiday or multievent tickets to a park or |
| 41 | entertainment complex or to a concert, entertainment event, |
| 42 | permanent exhibition, or recreational activity within such a |
| 43 | park or complex, including an entertainment/resort complex as |
| 44 | defined in s. 561.01(18). |
| 45 | (c) Tickets for events sponsored by or benefiting a |
| 46 | charitable organization exempt from taxation under s. 501(c)(3) |
| 47 | of the Internal Revenue Code. |
| 48 | (d)1.(3) Any tickets, other than the tickets in paragraphs |
| 49 | (a), (b), and (c) subsections (1) and (2), that are resold or |
| 50 | offered through an Internet website, unless such website is |
| 51 | authorized by the original ticket seller or makes and posts the |
| 52 | following guarantees and disclosures through Internet web pages |
| 53 | on which are visibly posted, or links to web pages on which are |
| 54 | posted, text to which a prospective purchaser is directed before |
| 55 | completion of the resale transaction: |
| 56 | a.(a) The website operator guarantees a full refund of the |
| 57 | amount paid for the ticket, including any servicing, handling, |
| 58 | or processing fees, if such fees are not disclosed, when: |
| 59 | (I)1. The ticketed event is canceled; |
| 60 | (II)2. The purchaser is denied admission to the ticketed |
| 61 | event, unless such denial is due to the action or omission of |
| 62 | the purchaser; |
| 63 | (III)3. The ticket is not delivered to the purchaser in |
| 64 | the manner requested and pursuant to any delivery guarantees |
| 65 | made by the reseller and such failure results in the purchaser's |
| 66 | inability to attend the ticketed event. |
| 67 | b.(b) The website operator discloses that it is not the |
| 68 | issuer, original seller, or reseller of the ticket or items and |
| 69 | does not control the pricing of the ticket or items, which may |
| 70 | be resold for more than their original value. |
| 71 | 2.a. A person or entity who offers to sell or resell over |
| 72 | the Internet tickets of admission to a live entertainment event, |
| 73 | theater, musical performance, or place of public entertainment |
| 74 | or amusement of any kind may not offer such tickets for sale |
| 75 | until such tickets have first been offered for sale via an |
| 76 | event-provider-authorized outlet or offering. |
| 77 | b. An Internet portal or website may not allow any person |
| 78 | or entity to offer for resale any ticket of admission to a live |
| 79 | entertainment event, theater, musical performance, or place of |
| 80 | public entertainment or amusement of any kind, unless and until |
| 81 | such tickets have first been offered for sale via an event- |
| 82 | provider-authorized outlet or offering. |
| 83 | c. This subparagraph does not apply to sporting or |
| 84 | athletic events. |
| 85 | 3.a. A person or entity who intentionally uses or sells |
| 86 | software to circumvent on a ticket seller's Internet website a |
| 87 | security measure, an access control system, or any other control |
| 88 | or measure that is used to ensure an equitable ticket-buying |
| 89 | process commits a misdemeanor of the second degree, punishable |
| 90 | as provided in s. 775.082 or s. 775.083. |
| 91 | b. As used in this subparagraph, the term "software" means |
| 92 | computer programs that are primarily designed or produced for |
| 93 | the purpose of interfering with the operation of any person or |
| 94 | entity that sells, over the Internet, tickets of admission to a |
| 95 | sporting event, theater, musical performance, or place of public |
| 96 | entertainment or amusement of any kind. |
| 97 | (2)(4) Nothing in This section does not authorize |
| 98 | authorizes any individual or entity to sell or purchase tickets |
| 99 | at any price on property where an event is being held without |
| 100 | the prior express written consent of the owner of the property. |
| 101 | (3) Any not-for-profit organization as an original ticket |
| 102 | issuer or seller of tickets subject to paragraph (1)(c) shall |
| 103 | have the choice to prohibit ticket purchases for the purposes of |
| 104 | remarketing or reselling by any other person or firm or to |
| 105 | require binding contractual agreements with registered ticket |
| 106 | resellers for the purposes of purchasing, remarketing, or |
| 107 | reselling the event or entertainment tickets. |
| 108 | (4)(5) Any sales tax due for resales under this section |
| 109 | shall be remitted to the Department of Revenue in accordance |
| 110 | with s. 212.04. |
| 111 | (5) A person or entity who violates this section commits a |
| 112 | violation of ss. 501.201-501.213, the Florida Deceptive and |
| 113 | Unfair Trade Practices Act. A person or entity who resells a |
| 114 | ticket or tickets in violation of this section is liable to the |
| 115 | state for a civil penalty equal to treble the amount for which |
| 116 | the ticket or tickets were sold. |
| 117 | Section 2. This act shall take effect July 1, 2009. |