Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/SB 746, 1st Eng.
       
       
       
       
       
       
                                Barcode 302358                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/3R         .                                
             04/30/2009 03:00 PM       .                                
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       Senator Crist moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Between lines 204 and 205
    5  insert:
    6         Section 4. Section 817.36, Florida Statutes, is amended to
    7  read:
    8         817.36 Resale of tickets.—
    9         (1)A person or entity that offers Whoever shall offer for
   10  resale or resells resell any ticket may only charge only $1
   11  above the admission price charged therefor by the original
   12  ticket seller of the said ticket for the following transactions:
   13         (a)(1) Passage or accommodations on any common carrier in
   14  this state.; However, the provisions of this paragraph does
   15  subsection shall not apply to travel agencies that have an
   16  established place of business in this state, which place of
   17  business is required to pay state, county, and city occupational
   18  license taxes.
   19         (b)(2) Multiday or multievent tickets to a park or
   20  entertainment complex or to a concert, entertainment event,
   21  permanent exhibition, or recreational activity within such a
   22  park or complex, including an entertainment/resort complex as
   23  defined in s. 561.01(18).
   24         (c)Event tickets originally issued by a charitable
   25  organization exempt from taxation under s. 501(c)(3) of the
   26  Internal Revenue Code for which no more than 3,000 tickets are
   27  issued per performance. The charitable organization must issue
   28  event tickets with the following statement conspicuously printed
   29  on the face or back of the ticket: “Pursuant to s. 817.36,
   30  Florida Statutes, this ticket may not be resold for more than $1
   31  over the original admission price.” This paragraph does not
   32  apply to tickets issued or sold by a third party contractor
   33  ticketing services provider on behalf of a charitable
   34  organization otherwise included in this paragraph unless the
   35  required disclosure is printed on the ticket.
   36         (d)(3) Any tickets, other than the tickets in paragraph
   37  (a), paragraph (b), or paragraph (c) subsections (1) and (2),
   38  that are resold or offered through an Internet website, unless
   39  such website is authorized by the original ticket seller or
   40  makes and posts the following guarantees and disclosures through
   41  Internet web pages on which are visibly posted, or links to web
   42  pages on which are posted, text to which a prospective purchaser
   43  is directed before completion of the resale transaction:
   44         1.(a) The website operator guarantees a full refund of the
   45  amount paid for the ticket including any servicing, handling, or
   46  processing fees, if such fees are not disclosed, when:
   47         a.1. The ticketed event is canceled;
   48         b.2. The purchaser is denied admission to the ticketed
   49  event, unless such denial is due to the action or omission of
   50  the purchaser;
   51         c.3. The ticket is not delivered to the purchaser in the
   52  manner requested and pursuant to any delivery guarantees made by
   53  the reseller and such failure results in the purchaser’s
   54  inability to attend the ticketed event.
   55         2.(b) The website operator discloses that it is not the
   56  issuer, original seller, or reseller of the ticket or items and
   57  does not control the pricing of the ticket or items, which may
   58  be resold for more than their original value.
   59         (2)(4)Nothing in This section does not authorize
   60  authorizes any individual or entity to sell or purchase tickets
   61  at any price on property where an event is being held without
   62  the prior express written consent of the owner of the property.
   63         (3)(5) Any sales tax due for resales under this section
   64  shall be remitted to the Department of Revenue in accordance
   65  with s. 212.04.
   66         (4)A person who knowingly resells a ticket or tickets in
   67  violation of this section is liable to the state for a civil
   68  penalty equal to treble the amount of the price for which the
   69  ticket or tickets were resold.
   70         (5)A person who intentionally uses or sells software to
   71  circumvent on a ticket seller’s Internet website a security
   72  measure, an access control system, or any other control or
   73  measure that is used to ensure an equitable ticket-buying
   74  process is liable to the state for a civil penalty equal to
   75  treble the amount for which the ticket or tickets were sold.
   76         (6)As used in this section, the term “software” means
   77  computer programs that are primarily designed or produced for
   78  the purpose of interfering with the operation of any person or
   79  entity that sells, over the Internet, tickets of admission to a
   80  sporting event, theater, musical performance, or place of public
   81  entertainment or amusement of any kind.
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84         And the title is amended as follows:
   85         Delete line 31
   86  and insert:
   87  organization’s funds; amending s. 817.36, F.S.; limiting the
   88  amount above the original price for which an event ticket issued
   89  by charitable organizations at certain venues may be sold;
   90  providing for notice to be included on the ticket; providing an
   91  exception; providing for a civil penalty equal to treble the
   92  amount for which tickets were sold in violation of the law;
   93  prohibiting the use of computer software to circumvent a ticket
   94  seller’s website security measures, access control systems, or
   95  other controls or measures used to ensure an equitable ticket
   96  buying process; providing penalties; defining the term
   97  “software”; providing an effective date.