Florida Senate - 2010 SB 1190 By Senator Bennett 21-00914B-10 20101190__ 1 A bill to be entitled 2 An act relating to the sale of event tickets; creating 3 s. 817.358, F.S.; providing legislative intent and 4 purpose; defining terms; requiring the original seller 5 of event tickets to keep all charges from the ticket 6 sales until the event occurs and return the charges to 7 the purchaser under certain circumstances; providing 8 exceptions; providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 817.358, Florida Statutes, is created to 13 read: 14 817.358 Sale of event tickets; refund of charges for 15 canceled events.— 16 (1) It is the intent of the Legislature that the state 17 remains consumer friendly for all citizens and visitors who 18 attend events in this state. The purpose of this section is to 19 ensure that venues retain the capacity to refund all charges 20 from ticket sales upon the cancellation of an event, thereby 21 giving an assurance to ticket purchasers that a venue will 22 protect them from financial loss. 23 (2) As used in this section, the term: 24 (a) “Educational institution” means a school, college, or 25 university, whether public, private, or religious, that conducts 26 regular classes and courses of study required for accreditation 27 by or membership in an accrediting agency recognized by the 28 United States Department of Education. 29 (b) “Event” means a sporting exhibition, athletic contest, 30 musical or theatrical performance, public entertainment or 31 amusement of any kind, or any other exhibition for which an 32 admission price is charged. 33 (c) “Original seller” means a venue or the issuer of event 34 tickets pursuant to a contract with the venue. The term may 35 include a person or firm that provides distribution services or 36 ticket sales services pursuant to a contract with the venue. 37 (d) “Venue” means a facility that offers services to the 38 general public. The term includes, but is not limited to, an 39 auditorium, theater, concert hall, performing arts center, civic 40 center, convention or exhibition hall, stadium, arena, coliseum, 41 amphitheater, or publicly owned recreational facility. 42 (3) An original seller of a ticket for admission to an 43 event occurring at a venue on or after July 1, 2010, must: 44 (a) Keep all charges from the sale of the ticket, including 45 the admission price and any taxes, surcharges, and service 46 charges, until the event occurs. 47 (b) If the event is canceled, upon the request of a 48 purchaser for a refund, return to the purchaser all charges from 49 the sale of the ticket, including the admission price and any 50 taxes, surcharges, and service charges. 51 (4) This section does not apply to a ticket: 52 (a) That has the word “nonrefundable” conspicuously printed 53 on the face of the ticket. 54 (b) For a professional sports event. 55 (c) For an amateur sports event sanctioned by the Amateur 56 Athletic Union of the USA, Inc. 57 (d) For a motorsports event as defined in s. 288.1171 or s. 58 549.10. 59 (e) For an event promoted exclusively by an educational 60 institution. 61 (f) For a postseason collegiate sporting exhibition or 62 athletic contest sanctioned by the National Collegiate Athletic 63 Association. 64 Section 2. This act shall take effect July 1, 2010.