Florida Senate - 2009                                    SB 2074
       
       
       
       By Senator Crist
       
       
       
       
       12-01757A-09                                          20092074__
    1                        A bill to be entitled                      
    2         An act relating to the resale of tickets; amending s.
    3         817.36, F.S.; limiting the amount above the original
    4         price for which a ticket to an event sponsored by or
    5         benefiting certain not-for-profit organizations may be
    6         sold; providing penalties; providing an effective
    7         date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 817.36, Florida Statutes, is amended to
   12  read:
   13         817.36 Resale of tickets.—
   14         (1)A person who offers Whoever shall offer for resale or
   15  resells resell any ticket may only charge only $1 above the
   16  admission price charged therefor by the original ticket seller
   17  of the said ticket for the following transactions:
   18         (a)(1) Passage or accommodations on any common carrier in
   19  this state; however, the provisions of this paragraph subsection
   20  does shall not apply to travel agencies that have an established
   21  place of business in this state, which place of business is
   22  required to pay state, county, and city occupational license
   23  taxes.
   24         (b)(2) Multiday or multievent tickets to a park or
   25  entertainment complex or to a concert, entertainment event,
   26  permanent exhibition, or recreational activity within such a
   27  park or complex, including an entertainment/resort complex as
   28  defined in s. 561.01(18).
   29         (c)Tickets for events sponsored by or benefiting a
   30  charitable organization exempt from taxation under s. 501(c)(3)
   31  of the Internal Revenue Code.
   32         (d)(3) Any tickets, other than the tickets described in
   33  paragraph (a), paragraph (b), or paragraph (c), which
   34  subsections (1) and (2), that are resold or offered through an
   35  Internet website, unless such website is authorized by the
   36  original ticket seller or makes and posts the following
   37  guarantees and disclosures through Internet web pages on which
   38  are visibly posted, or links to web pages on which are posted,
   39  text to which a prospective purchaser is directed before
   40  completion of the resale transaction:
   41         1.(a) The website operator guarantees a full refund of the
   42  amount paid for the ticket including any servicing, handling, or
   43  processing fees, if such fees are not disclosed, when:
   44         a.1. The ticketed event is canceled;
   45         b.2. The purchaser is denied admission to the ticketed
   46  event, unless such denial is due to the action or omission of
   47  the purchaser; or
   48         c.3. The ticket is not delivered to the purchaser in the
   49  manner requested and pursuant to any delivery guarantees made by
   50  the reseller and such failure results in the purchaser's
   51  inability to attend the ticketed event.
   52         2.(b) The website operator discloses that it is not the
   53  issuer, original seller, or reseller of the ticket or items and
   54  does not control the pricing of the ticket or items, which may
   55  be resold for more than their original value.
   56         (2)(4)Nothing in This section does not authorize
   57  authorizes any individual or entity to sell or purchase tickets
   58  at any price on property where an event is being held without
   59  the prior express written consent of the owner of the property.
   60         (3)Any not-for-profit organization, as an original ticket
   61  issuer or seller of tickets subject to paragraph (1)(c), may
   62  prohibit ticket purchases for the purpose of remarketing or
   63  reselling, and may require binding contractual agreements with
   64  registered ticket resellers for the purpose of purchasing,
   65  remarketing, or reselling the event or entertainment tickets.
   66         (4)(5) Any sales tax due for resales under this section
   67  shall be remitted to the Department of Revenue in accordance
   68  with s. 212.04.
   69         (5)Any individual or entity found to be in violation of
   70  this section is liable to the state for a civil penalty equal to
   71  treble the amount of the transaction or transactions that were
   72  executed in violation of this section.
   73         Section 2. This act shall take effect July 1, 2009.