Florida Senate - 2011                                     SB 610
       
       
       
       By Senator Bennett
       
       
       
       
       21-00371-11                                            2011610__
    1                        A bill to be entitled                      
    2         An act relating to the sale of event tickets; creating
    3         s. 255.0471, F.S.; providing legislative intent and
    4         purpose; defining terms; requiring the original seller
    5         of tickets to an event held at a publicly owned venue
    6         to keep all receipts from the ticket sales until the
    7         event occurs or to require a person or entity seeking
    8         an advance release of ticket sales to post a surety
    9         bond; providing that a ticket purchaser is entitled to
   10         a refund for a cancelled event; providing exceptions;
   11         providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 255.0471, Florida Statutes, is created
   16  to read:
   17         255.0471 Refund of receipts for canceled events.—
   18         (1) It is the intent of the Legislature that the state
   19  remain consumer friendly for residents and visitors who attend
   20  events in this state by protecting ticket purchasers and
   21  publicly owned facilities from financial loss. The purpose of
   22  this section is to ensure that publicly owned venues are able to
   23  refund receipts from ticket sales if an event is cancelled,
   24  regardless of whether tickets are sold by the venue or pursuant
   25  to a contract to distribute or sell tickets on behalf of the
   26  venue.
   27         (2) As used in this section, the term:
   28         (a) “Educational institution” means a school, college, or
   29  university, public or private, which conducts regular classes
   30  and courses of study required for accreditation by or membership
   31  in an accrediting agency recognized by the United States
   32  Department of Education.
   33         (b) “Event” means a sporting exhibition, athletic contest,
   34  musical or theatrical performance, public entertainment or
   35  amusement of any kind, or any other exhibition for which an
   36  admission price is charged.
   37         (c) “Original seller” means a venue, or issuer of event
   38  tickets pursuant to a contract with the venue, which collects
   39  the purchase price from the ticket purchaser. The term may
   40  include a person or firm that provides distribution services or
   41  ticket sales services pursuant to a contract with the venue.
   42         (d) “Venue” means a facility owned by the state, a county,
   43  a municipality, or other governmental entity which offers
   44  services to the general public. The term includes, but is not
   45  limited to, an auditorium, theater, concert hall, performing
   46  arts center, civic center, convention or exhibition hall,
   47  stadium, arena, coliseum, amphitheater, or publicly owned
   48  recreational facility.
   49         (3) An original seller of a ticket for admission to an
   50  event occurring at a venue on or after July 1, 2011, must:
   51         (a) Keep all receipts from the sale of tickets for an
   52  event, including the admission price and any taxes, surcharges,
   53  and service charges, until the event occurs. The original seller
   54  or its agents are not required to deposit into an escrow account
   55  or segregate receipts from the sale of the tickets; or
   56         (b) Require any person or entity seeking an advance release
   57  of funds from ticket sales to an event to provide a surety bond
   58  to 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 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, 2011.