| 1 | A bill to be entitled |
| 2 | An act relating to the sale of event tickets; creating s. |
| 3 | 817.358, F.S.; providing legislative intent and purpose; |
| 4 | defining terms; requiring the original seller of event |
| 5 | tickets to keep all charges from the ticket sales until |
| 6 | the event occurs and return the charges to the purchaser |
| 7 | under certain circumstances; providing exceptions; |
| 8 | providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 817.358, Florida Statutes, is created |
| 13 | to 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, |
| 45 | including the admission price and any taxes, surcharges, and |
| 46 | service 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 |
| 53 | printed 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 |
| 58 | s. 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. |