Florida Senate - 2009                             CS for SB 2074
       
       
       
       By the Committee on Judiciary; and Senator Crist
       
       
       
       
       590-05732-09                                          20092074c1
    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 charitable organizations may be
    6         sold; requiring certain binding contractual agreements
    7         between charitable organizations and registered ticket
    8         resellers for certain purposes; providing penalties;
    9         providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 817.36, Florida Statutes, is amended to
   14  read:
   15         817.36 Resale of tickets.—
   16         (1) A person who offers Whoever shall offer for resale or
   17  resells resell any ticket may only charge only $1 above the
   18  admission price charged therefor by the original ticket seller
   19  of the said ticket for the following transactions:
   20         (a)(1) Passage or accommodations on any common carrier in
   21  this state; however, the provisions of this paragraph subsection
   22  does shall not apply to travel agencies that have an established
   23  place of business in this state, which place of business is
   24  required to pay state, county, and city occupational license
   25  taxes.
   26         (b)(2) Multiday or multievent tickets to a park or
   27  entertainment complex or to a concert, entertainment event,
   28  permanent exhibition, or recreational activity within such a
   29  park or complex, including an entertainment/resort complex as
   30  defined in s. 561.01(18).
   31         (c) Tickets for events sponsored by or benefiting a
   32  charitable organization exempt from taxation under s. 501(c)(3)
   33  of the Internal Revenue Code.
   34         (d)(3) Any tickets, other than the tickets described in
   35  paragraph (a), paragraph (b), or paragraph (c), which
   36  subsections (1) and (2), that are resold or offered through an
   37  Internet website, unless such website is authorized by the
   38  original ticket seller or makes and posts the following
   39  guarantees and disclosures through Internet web pages on which
   40  are visibly posted, or links to web pages on which are posted,
   41  text to which a prospective purchaser is directed before
   42  completion of the resale transaction:
   43         1.(a) The website operator guarantees a full refund of the
   44  amount paid for the ticket including any servicing, handling, or
   45  processing fees, if such fees are not disclosed, when:
   46         a.1. The ticketed event is canceled;
   47         b.2. The purchaser is denied admission to the ticketed
   48  event, unless such denial is due to the action or omission of
   49  the purchaser; or
   50         c.3. The ticket is not delivered to the purchaser in the
   51  manner requested and pursuant to any delivery guarantees made by
   52  the reseller and such failure results in the purchaser’s
   53  inability to attend the ticketed event.
   54         2.(b) The website operator discloses that it is not the
   55  issuer, original seller, or reseller of the ticket or items and
   56  does not control the pricing of the ticket or items, which may
   57  be resold for more than their original value.
   58         (2)(4) Nothing in This section does not authorize
   59  authorizes any individual or entity to sell or purchase tickets
   60  at any price on property where an event is being held without
   61  the prior express written consent of the owner of the property.
   62         (3) Any charitable organization exempt from taxation under
   63  s. 501(c)(3) of the Internal Revenue Code, as an original ticket
   64  issuer or seller of tickets subject to paragraph (1)(c), may
   65  prohibit ticket purchases for the purpose of remarketing or
   66  reselling, and may require binding contractual agreements with
   67  registered ticket resellers for the purpose of purchasing,
   68  remarketing, or reselling the event or entertainment tickets.
   69         (4)(5) Any sales tax due for resales under this section
   70  shall be remitted to the Department of Revenue in accordance
   71  with s. 212.04.
   72         (5) Any individual or entity found to be in violation of
   73  this section is liable to the state for a civil penalty equal to
   74  treble the amount of the transaction or transactions that were
   75  executed in violation of this section.
   76         Section 2. This act shall take effect July 1, 2009.