1 | A bill to be entitled |
2 | An act relating to the sale of event tickets; creating s. |
3 | 255.0471, F.S.; providing legislative intent and purpose; |
4 | defining terms; requiring the original seller of tickets |
5 | to an event held at a publicly owned venue to keep all |
6 | receipts from the ticket sales until the event occurs or |
7 | to require a person or entity seeking an advance release |
8 | of ticket sales to post a surety bond; providing that a |
9 | ticket purchaser is entitled to a refund for a canceled |
10 | event; providing exceptions; providing an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Section 255.0471, Florida Statutes, is created |
15 | to read: |
16 | 255.0471 Refund of receipts for 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 protecting ticket purchasers and |
20 | publicly owned facilities from financial loss. The purpose of |
21 | this section is to ensure that publicly owned venues are able to |
22 | refund receipts from ticket sales if an event is canceled, |
23 | regardless of whether tickets are sold by the venue or pursuant |
24 | to a contract to distribute or sell tickets on behalf of the |
25 | venue. |
26 | (2) As used in this section, the term: |
27 | (a) "Educational institution" means a school, college, or |
28 | university, public or private, which conducts regular classes |
29 | and courses of study required for accreditation by or membership |
30 | in an accrediting agency recognized by the United States |
31 | 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 issuer of event |
37 | tickets pursuant to a contract with the venue, which collects |
38 | the purchase price from the ticket purchaser. The term may |
39 | include a person or firm that provides distribution services or |
40 | ticket 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 which offers |
43 | services to the general public. The term includes, but is not |
44 | limited to, an auditorium, theater, concert hall, performing |
45 | arts center, civic center, convention or exhibition hall, |
46 | 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, 2011, must: |
50 | (a) Keep all receipts from the sale of tickets for an |
51 | event, including the admission price and any taxes, surcharges, |
52 | and service charges, until the event occurs. The original seller |
53 | or its agents are not required to deposit into an escrow account |
54 | or segregate receipts from the sale of the tickets; or |
55 | (b) Require any person or entity seeking an advance |
56 | release of funds from ticket sales to an event to provide a |
57 | surety bond to the venue for that event in an amount equal to |
58 | the greatest amount the person or entity is seeking to have |
59 | advanced before releasing such funds. |
60 | (4) If an event is canceled, the ticket purchaser is |
61 | entitled to a refund of all receipts from the sale of the |
62 | ticket, including the admission price and any taxes, surcharges, |
63 | and service charges. |
64 | (5) This section does not apply to a ticket: |
65 | (a) That has the word "nonrefundable" conspicuously |
66 | printed on the face of the ticket. |
67 | (b) For a professional sports event. |
68 | (c) For an amateur sports event sanctioned by the Amateur |
69 | Athletic Union of the USA, Inc. |
70 | (d) For a motorsports event as defined in s. 288.1171 or |
71 | s. 549.10. |
72 | (e) For an event promoted exclusively by an educational |
73 | institution. |
74 | (f) For a postseason collegiate sporting exhibition or |
75 | athletic contest sanctioned by the National Collegiate Athletic |
76 | Association. |
77 | (g) For a pugilistic exhibition regulated under chapter |
78 | 548. |
79 | Section 2. This act shall take effect July 1, 2011. |