Florida Senate - 2010                             CS for SB 1190
       
       
       
       By the Committee on Commerce; and Senators Bennett and Lynn
       
       
       
       
       577-03099-10                                          20101190c1
    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 tickets to an event held at a publically owned
    6         venue to keep all receipts from the ticket sales until
    7         the event occurs and return the charges to the
    8         purchaser under certain circumstances; providing
    9         exceptions; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 817.358, Florida Statutes, is created to
   14  read:
   15         817.358 Sale of event tickets; refund of receipts for
   16  canceled events.—
   17         (1) It is the intent of the Legislature that the state
   18  remain consumer friendly for residents and visitors who attend
   19  events in this state by assuring ticket purchasers and venues
   20  that they will be protected from financial loss. The purpose of
   21  this section is to ensure that publically owned venues retain
   22  the capacity to refund all receipts from ticket sales upon the
   23  cancellation of an event regardless of whether tickets are sold
   24  by the venue or pursuant to a contract to distribute or sell
   25  tickets on behalf of the venue.
   26         (2) As used in this section, the term:
   27         (a) “Educational institution” means a school, college, or
   28  university, whether public, private, or religious, which
   29  conducts regular classes and courses of study required for
   30  accreditation by or membership in an accrediting agency
   31  recognized by the United States Department of Education.
   32         (b) “Event” means a sporting exhibition, athletic contest,
   33  musical or theatrical performance, public entertainment or
   34  amusement of any kind, or any other exhibition for which an
   35  admission price is charged.
   36         (c) “Original seller” means a venue or the issuer of event
   37  tickets pursuant to a contract with the venue which collects the
   38  purchase price from the ticket purchaser. The term may include a
   39  person or firm that provides distribution services or ticket
   40  sales services pursuant to a contract with the venue.
   41         (d) “Venue” means a facility owned by the state, a county,
   42  a municipality, or other governmental entity created by law
   43  which offers services to the general public. The term includes,
   44  but is not limited to, an auditorium, theater, concert hall,
   45  performing arts center, civic center, convention or exhibition
   46  hall, stadium, arena, coliseum, amphitheater, or publicly owned
   47  recreational facility.
   48         (3) An original seller of a ticket for admission to an
   49  event occurring at a venue on or after July 1, 2010, must
   50  protect consumers by one of the following methods:
   51         (a) Keep all receipts from the sale of the ticket,
   52  including the admission price and any taxes, surcharges, and
   53  service charges, until the event occurs. The original seller or
   54  its agents is not required to deposit into an escrow account or
   55  segregate the receipts coming from the sale of the tickets.
   56         (b) Require any person or entity seeking advance release of
   57  funds from ticket sales to an event to provide a surety bond to
   58  the venue for that event in an amount equal to the greatest
   59  amount the person or entity is seeking to have advanced before
   60  releasing any such funds.
   61         (4) If an event is canceled, the ticket purchaser is
   62  entitled to a refund of all receipts from the sale of the
   63  ticket, including the admission price and any taxes, surcharges,
   64  and service charges.
   65         (5) This section does not apply to a ticket:
   66         (a) That has the word “nonrefundable” conspicuously printed
   67  on the face of the ticket.
   68         (b) For a professional sports event.
   69         (c) For an amateur sports event sanctioned by the Amateur
   70  Athletic Union of the USA, Inc.
   71         (d) For a motorsports event as defined in s. 288.1171 or s.
   72  549.10.
   73         (e) For an event promoted exclusively by an educational
   74  institution.
   75         (f) For a postseason collegiate sporting exhibition or
   76  athletic contest sanctioned by the National Collegiate Athletic
   77  Association.
   78         (g) For a pugilistic exhibition regulated under chapter
   79  548.
   80         Section 2. This act shall take effect July 1, 2010.