Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for HB 1067
Barcode 627112
LEGISLATIVE ACTION
Senate . House
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Senator Soto moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 403 and 404
4 insert:
5
6 Section 13. Section 817.355, Florida Statutes, is amended
7 to read:
8 817.355 Fraudulent creation or possession of admission
9 ticket.—
10 (1) Except as provided in subsections (2) and (3), a Any
11 person who counterfeits, forges, alters, or possesses a any
12 ticket, token, or paper designed for admission to or the
13 rendering of services by a any sports, amusement, concert, or
14 other facility offering services to the general public, with the
15 intent to defraud such facility, commits is guilty of a
16 misdemeanor of the first degree, punishable as provided in s.
17 775.082 or s. 775.083.
18 (2) A person who commits a second or subsequent violation
19 of subsection (1) commits a felony of the third degree,
20 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
21 (3) A person who counterfeits, forges, alters, or possesses
22 10 or more tickets, tokens, or papers designed for admission to
23 or the rendering of services by a sports, amusement, concert, or
24 other facility offering services to the general public with the
25 intent to defraud such facility commits a felony of the third
26 degree, punishable as provided in s. 775.082, s. 775.083, or s.
27 775.084.
28 Section 14. Section 817.361, Florida Statutes, is amended
29 to read:
30 817.361 Resale or repurchase of multiuse multiday or
31 multievent ticket.—
32 (1) As used in this section, the term:
33 (a) “Issuer” means the person or entity that created a
34 multiuse ticket and is obligated to allow admission thereunder.
35 (b) “Multiuse ticket” means a ticket, other medium, or
36 right designed for admission to more than one amusement location
37 or other facility in a theme park complex, or for admission for
38 more than 1 day to one or more such locations or facilities in a
39 theme park complex.
40 (c) “Theme park complex” means an area comprised of at
41 least 25 acres owned by the same business entity that contains
42 rides or other recreational activities.
43 (2) A person who purchases or offers to purchase with the
44 intent to defraud, Whoever offers for sale, sells, or transfers
45 in connection with a commercial transaction, with or without
46 consideration, a any nontransferable multiuse ticket or other
47 nontransferable medium designed for admission to more than one
48 amusement location or other facility offering entertainment to
49 the general public, or for admission for more than 1 day
50 thereto, after the multiuse said ticket or other medium has been
51 used at least once for admission, commits a violation of this
52 subsection. For purposes of this subsection, a multiuse ticket
53 is nontransferable unless the phrase “may be used by more than
54 one person” is printed clearly on the multiuse ticket by the
55 issuer or the issuer explicitly states on its website that the
56 multiuse ticket may be used by more than one person is guilty of
57 a misdemeanor of the second degree, punishable as provided in s.
58 775.082 or s. 775.083. A nontransferable ticket or other
59 nontransferable medium is one on which is clearly printed the
60 phrase: “Nontransferable; must be used by the same person on all
61 days” or words of similar import.
62 (3)(a) Except as provided in paragraph (b), a person who
63 violates subsection (2) commits a misdemeanor of the first
64 degree, punishable as provided in s. 775.082 or s. 775.083.
65 (b) A person who commits Upon conviction for a second or
66 subsequent violation of this subsection (2) commits, such person
67 is guilty of a felony misdemeanor of the third first degree,
68 punishable as provided in s. 775.082, or s. 775.083, or s.
69 775.084.
70
71 ================= T I T L E A M E N D M E N T ================
72 And the title is amended as follows:
73 Delete line 33
74 and insert:
75 appropriation; amending s. 817.355, F.S.; providing
76 enhanced criminal penalties for second and subsequent
77 violations concerning fraudulent creation or
78 possession of an admission ticket; providing criminal
79 penalties for persons who commit such violations
80 involving more than a specified number of tickets;
81 amending s. 817.361, F.S.; providing definitions;
82 prohibiting the fraudulent repurchase of a multiuse
83 ticket; providing enhanced criminal penalties for
84 second or subsequent violations of provisions relating
85 to the resale or repurchase of multiuse tickets;
86 providing an effective date.