HB 1091

1
A bill to be entitled
2An act relating to the sale of event tickets; creating s.
3255.0471, F.S.; providing legislative intent and purpose;
4defining terms; requiring the original seller of tickets
5to an event held at a publicly owned venue to keep all
6receipts from the ticket sales until the event occurs or
7to require a person or entity seeking an advance release
8of ticket sales to post a surety bond; providing that a
9ticket purchaser is entitled to a refund for a canceled
10event; providing exceptions; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 255.0471, Florida Statutes, is created
15to read:
16     255.0471  Refund of receipts for canceled events.-
17     (1)  It is the intent of the Legislature that the state
18remain consumer friendly for residents and visitors who attend
19events in this state by protecting ticket purchasers and
20publicly owned facilities from financial loss. The purpose of
21this section is to ensure that publicly owned venues are able to
22refund receipts from ticket sales if an event is canceled,
23regardless of whether tickets are sold by the venue or pursuant
24to a contract to distribute or sell tickets on behalf of the
25venue.
26     (2)  As used in this section, the term:
27     (a)  "Educational institution" means a school, college, or
28university, public or private, which conducts regular classes
29and courses of study required for accreditation by or membership
30in an accrediting agency recognized by the United States
31Department of Education.
32     (b)  "Event" means a sporting exhibition, athletic contest,
33musical or theatrical performance, public entertainment or
34amusement of any kind, or any other exhibition for which an
35admission price is charged.
36     (c)  "Original seller" means a venue, or issuer of event
37tickets pursuant to a contract with the venue, which collects
38the purchase price from the ticket purchaser. The term may
39include a person or firm that provides distribution services or
40ticket sales services pursuant to a contract with the venue.
41     (d)  "Venue" means a facility owned by the state, a county,
42a municipality, or other governmental entity which offers
43services to the general public. The term includes, but is not
44limited to, an auditorium, theater, concert hall, performing
45arts center, civic center, convention or exhibition hall,
46stadium, arena, coliseum, amphitheater, or publicly owned
47recreational facility.
48     (3)  An original seller of a ticket for admission to an
49event occurring at a venue on or after July 1, 2011, must:
50     (a)  Keep all receipts from the sale of tickets for an
51event, including the admission price and any taxes, surcharges,
52and service charges, until the event occurs. The original seller
53or its agents are not required to deposit into an escrow account
54or segregate receipts from the sale of the tickets; or
55     (b)  Require any person or entity seeking an advance
56release of funds from ticket sales to an event to provide a
57surety bond to the venue for that event in an amount equal to
58the greatest amount the person or entity is seeking to have
59advanced before releasing such funds.
60     (4)  If an event is canceled, the ticket purchaser is
61entitled to a refund of all receipts from the sale of the
62ticket, including the admission price and any taxes, surcharges,
63and service charges.
64     (5)  This section does not apply to a ticket:
65     (a)  That has the word "nonrefundable" conspicuously
66printed on the face of the ticket.
67     (b)  For a professional sports event.
68     (c)  For an amateur sports event sanctioned by the Amateur
69Athletic Union of the USA, Inc.
70     (d)  For a motorsports event as defined in s. 288.1171 or
71s. 549.10.
72     (e)  For an event promoted exclusively by an educational
73institution.
74     (f)  For a postseason collegiate sporting exhibition or
75athletic contest sanctioned by the National Collegiate Athletic
76Association.
77     (g)  For a pugilistic exhibition regulated under chapter
78548.
79     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.