Florida Senate - 2013                                    SB 1652
       
       
       
       By Senator Garcia
       
       
       
       
       38-01064A-13                                          20131652__
    1                        A bill to be entitled                      
    2         An act relating to ticket sales; amending s. 817.355,
    3         F.S.; providing enhanced criminal penalties for second
    4         and subsequent violations concerning fraudulent
    5         creation or possession of admission ticket; providing
    6         criminal penalties for persons who commit such
    7         violations involving more than a specified number of
    8         tickets; amending s. 817.36, F.S.; providing a
    9         definition; requiring ticket brokers to make specified
   10         disclosures to prospective buyers; prohibiting ticket
   11         brokers from using website universal resource locators
   12         containing trademarks without permission of the
   13         holder; providing criminal penalties; amending s.
   14         817.361, F.S.; providing enhanced criminal penalties
   15         for second or subsequent violations of provisions
   16         relating to resale of multiday or multievent tickets;
   17         creating s. 817.362, F.S.; providing that specified
   18         provisions do not affect the initial sales of tickets;
   19         providing that an admission ticket represents a
   20         revocable license; providing an effective date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 817.355, Florida Statutes, is amended to
   25  read:
   26         817.355 Fraudulent creation or possession of admission
   27  ticket.—
   28         (1)(a) Except as provided in paragraph (b) and subsection
   29  (2), a Any person who counterfeits, forges, alters, or possesses
   30  any ticket, token, or paper designed for admission to or the
   31  rendering of services by any sports, amusement, concert, or
   32  other facility offering services to the general public, with the
   33  intent to defraud such facility, commits is guilty of a
   34  misdemeanor of the first degree, punishable as provided in s.
   35  775.082 or s. 775.083.
   36         (b) A person who commits a second or subsequent violation
   37  of paragraph (a) commits a felony of the third degree,
   38  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   39         (2) A person who counterfeits, forges, alters, or possesses
   40  10 or more tickets, tokens, or papers designed for admission to
   41  or the rendering of services by any sports, amusement, concert,
   42  or other facility offering services to the general public, with
   43  the intent to defraud such facility, commits a felony of the
   44  third degree, punishable as provided in s. 775.082, s. 775.083,
   45  or s. 775.084.
   46         Section 2. Section 817.36, Florida Statutes, is reordered
   47  and amended to read:
   48         817.36 Resale of tickets.—
   49         (2)(1) A person or entity that offers for resale or resells
   50  any ticket may charge only $1 above the admission price charged
   51  therefor by the original ticket seller of the ticket for the
   52  following transactions:
   53         (a) Passage or accommodations on any common carrier in this
   54  state. However, this paragraph does not apply to travel agencies
   55  that have an established place of business in this state and are
   56  required to pay state, county, and city occupational license
   57  taxes.
   58         (b) Multiday or multievent tickets to a park or
   59  entertainment complex or to a concert, entertainment event,
   60  permanent exhibition, or recreational activity within such a
   61  park or complex, including an entertainment/resort complex as
   62  defined in s. 561.01(18).
   63         (c) Event tickets originally issued by a charitable
   64  organization exempt from taxation under s. 501(c)(3) of the
   65  Internal Revenue Code for which no more than 3,000 tickets are
   66  issued per performance. The charitable organization must issue
   67  event tickets with the following statement conspicuously printed
   68  on the face or back of the ticket: “Pursuant to s. 817.36,
   69  Florida Statutes, this ticket may not be resold for more than $1
   70  over the original admission price.” This paragraph does not
   71  apply to tickets issued or sold by a third party contractor
   72  ticketing services provider on behalf of a charitable
   73  organization otherwise included in this paragraph unless the
   74  required disclosure is printed on the ticket.
   75         (d) Any tickets, other than the tickets in paragraph (a),
   76  paragraph (b), or paragraph (c), that are resold or offered
   77  through an Internet website, unless such website is authorized
   78  by the original ticket seller or makes and posts the following
   79  guarantees and disclosures through Internet web pages on which
   80  are visibly posted, or links to web pages on which are posted,
   81  text to which a prospective purchaser is directed before
   82  completion of the resale transaction:
   83         1. The website operator guarantees a full refund of the
   84  amount paid for the ticket including any servicing, handling, or
   85  processing fees, if such fees are not disclosed, when:
   86         a. The ticketed event is canceled;
   87         b. The purchaser is denied admission to the ticketed event,
   88  unless such denial is due to the action or omission of the
   89  purchaser;
   90         c. The ticket is not delivered to the purchaser in the
   91  manner requested and pursuant to any delivery guarantees made by
   92  the reseller and such failure results in the purchaser’s
   93  inability to attend the ticketed event.
   94         2. The website operator discloses that it is not the
   95  issuer, original seller, or reseller of the ticket or items and
   96  does not control the pricing of the ticket or items, which may
   97  be resold for more than their original value.
   98         (3)(2) This section does not authorize any individual or
   99  entity to sell or purchase tickets at any price on property
  100  where an event is being held without the prior express written
  101  consent of the owner of the property.
  102         (4)(3) Any sales tax due for resales under this section
  103  shall be remitted to the Department of Revenue in accordance
  104  with s. 212.04.
  105         (5)(4) A person who knowingly resells a ticket or tickets
  106  in violation of this section is liable to the state for a civil
  107  penalty equal to treble the amount of the price for which the
  108  ticket or tickets were resold.
  109         (6)(5) A person who intentionally uses or sells software to
  110  circumvent on a ticket seller’s Internet website a security
  111  measure, an access control system, or any other control or
  112  measure that is used to ensure an equitable ticket-buying
  113  process is liable to the state for a civil penalty equal to
  114  treble the amount for which the ticket or tickets were sold.
  115         (7) A ticket broker must disclose to a prospective ticket
  116  resale purchaser, whether on the ticket broker’s resale website
  117  or in person, before a resale:
  118         (a) The face value and exact location of the seat offered
  119  for sale, including any section, row, and seat number, or area
  120  specifically designated as accessible seating that is printed on
  121  the ticket.
  122         (b) The difference between the face value of the ticket and
  123  the amount the ticket broker is charging the purchaser for such
  124  ticket.
  125         (c) Whether the ticket offered for sale is in the actual
  126  possession of the reseller and available for delivery.
  127         (8) A ticket broker may not use a website with a uniform
  128  resource locator (URL) that contains a trademark rightfully
  129  owned by another without the written consent of the trademark
  130  owner.
  131         (9) In addition to any other penalties provided in this
  132  section, a person who knowingly violates this section commits a
  133  felony of the third degree, punishable as provided in s.
  134  775.082, s. 775.083, or s. 775.084.
  135         (1)(6) As used in this section, the term:
  136         (a) “Software” means computer programs that are primarily
  137  designed or produced for the purpose of interfering with the
  138  operation of any person or entity that sells, over the Internet,
  139  tickets of admission to a sporting event, theater, musical
  140  performance, or place of public entertainment or amusement of
  141  any kind.
  142         (b) “Ticket broker” means a person in the business of
  143  reselling tickets to events at places of entertainment in this
  144  state and who charges a premium in excess of the face value of
  145  the ticket. The term does not include an individual who does not
  146  regularly engage in the business of reselling tickets, who
  147  resells less than 60 tickets during any 1-year period, and who
  148  initially obtained any tickets he or she sold to others for
  149  personal use, or the use of an immediate family member, friend,
  150  or known acquaintances. The term also does not include a person
  151  operating a website whose primary business is to serve as a
  152  resale marketplace where third parties can buy and sell tickets,
  153  and who does not otherwise engage in the business of reselling
  154  tickets.
  155         Section 3. Section 817.361, Florida Statutes, is amended to
  156  read:
  157         817.361 Resale of multiday or multievent ticket.—
  158         (1) A person who Whoever offers for sale, sells, or
  159  transfers in connection with a commercial transaction, with or
  160  without consideration, any nontransferable ticket or other
  161  nontransferable medium designed for admission to more than one
  162  amusement location or other facility offering entertainment to
  163  the general public, or for admission for more than 1 day
  164  thereto, after said ticket or other medium has been used at
  165  least once for admission, commits a violation of this section is
  166  guilty of a misdemeanor of the second degree, punishable as
  167  provided in s. 775.082 or s. 775.083. A nontransferable ticket
  168  or other nontransferable medium is one on which the ticket,
  169  medium, or receipt provided with the nontransferable ticket or
  170  medium is clearly printed the phrase: “Nontransferable; must be
  171  used by the same person on all days” or words of similar import.
  172         (2)(a) Except as provided in paragraph (b), a person who
  173  violates this section commits a misdemeanor of the second
  174  degree, punishable as provided in s. 775.082 or s. 775.083. Upon
  175  conviction for
  176         (b) A person who commits a second or subsequent violation
  177  of this section commits subsection, such person is guilty of a
  178  felony misdemeanor of the third first degree, punishable as
  179  provided in s. 775.082, or s. 775.083, or s. 775.084.
  180         Section 4. Section 817.362, Florida Statutes, is created to
  181  read:
  182         817.362Initial sales of tickets unaffected.—In order to
  183  preserve the rights of consumers to secure tickets to live
  184  entertainment events through safe and reliable means, nothing in
  185  ss. 817.355-817.361 prevents operators of places of
  186  entertainment, event presenters, or their agents from using any
  187  ticketing methods for the initial sale of tickets, through any
  188  medium, whether existing now or in the future.
  189         Section 5. An admission ticket represents a revocable
  190  license, held by the person in possession of the ticket, to use
  191  a seat or standing area in a specific place of an athletic
  192  contest or entertainment event for a limited time. The license
  193  represented by the ticket may be revoked at any time, with or
  194  without cause, by the ticket issuer.
  195         Section 6. This act shall take effect October 1, 2013.