Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 394
Senate . House
Comm: RCS .
The Committee on Commerce and Tourism (Hays) recommended the
1 Senate Substitute for Amendment (528392) (with title
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 817.355, Florida Statutes, is amended to
8 817.355 Fraudulent creation or possession of admission
10 (1) Except as provided in subsections (2) and (3), a
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 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 or s. 775.084 or by a fine
21 of up to $10,000.
22 (3) A person who counterfeits, forges, alters, or possesses
23 10 or more tickets, tokens, or papers designed for admission to
24 or the rendering of services by any sports, amusement, concert,
25 or other facility offering services to the general public with
26 the intent to defraud such facility commits a felony of the
27 third degree, punishable as provided in s. 775.082 or s. 775.084
28 or by a fine of up to $10,000.
29 Section 2. Section 817.361, Florida Statutes, is amended to
31 817.361 Resale or repurchase of multiuse multiday or
32 multievent ticket.—
33 (1) As used in this section, the term:
34 (a) “Issuer” means the person or entity that created a
35 multiuse ticket and is obligated to allow admission thereunder.
36 (b) “Multiuse ticket” means a ticket, other medium, or
37 right designed for admission to more than one amusement location
38 or other facility in a theme park complex, or for admission for
39 more than 1 day to one or more such locations or facilities in a
40 theme park complex.
41 (c) “Theme park complex” means any area comprised of at
42 least 25 acres owned by the same business entity which contains
43 rides or other recreational activities.
44 (2) A person who Whoever offers for sale, sells, or
45 transfers, or, intending to defraud, purchases or offers to
46 purchase, in connection with a commercial transaction, with or
47 without consideration, any nontransferable multiuse ticket or
48 other nontransferable medium designed for admission to more than
49 one amusement location or other facility offering entertainment
50 to the general public, or for admission for more than 1 day
51 thereto, after the multiuse said ticket or other medium has been
52 used at least once for admission, commits a violation of this
53 subsection. For purposes of this subsection, a multiuse ticket
54 is nontransferable unless the phrase “may be used by more than
55 one person” is printed clearly on the multiuse ticket by the
56 issuer or the issuer explicitly states on its website that the
57 multiuse ticket may be used by more than one person is guilty of
58 a misdemeanor of the second degree, punishable as provided in s.
59 775.082 or s. 775.083 . A nontransferable ticket or other
60 nontransferable medium is one on which is clearly printed the
61 phrase: “Nontransferable; must be used by the same person on all
62 days” or words of similar import.
63 (3)(a) Except as provided in paragraph (b), a person who
64 violates subsection (2) commits a misdemeanor of the first
65 degree, punishable as provided in s. 775.082 or s. 775.084 or by
66 a fine of up to $10,000.
67 (b) A person who commits Upon conviction for a second or
68 subsequent violation of this subsection (2) commits , such person
69 is guilty of a felony misdemeanor of the third first degree,
70 punishable as provided in s. 775.082 or s. 775.084 or by a fine
71 of up to $10,000 775.083.
72 Section 3. This act shall take effect July 1, 2013.
74 ================= T I T L E A M E N D M E N T ================
75 And the title is amended as follows:
76 Delete everything before the enacting clause
77 and insert:
78 A bill to be entitled
79 An act relating to ticket sales; amending s. 817.355,
80 F.S.; providing enhanced criminal penalties for second
81 and subsequent violations concerning fraudulent
82 creation or possession of an admission ticket;
83 providing criminal penalties for persons who commit
84 such violations involving more than a specified number
85 of tickets; amending s. 817.361, F.S.; providing
86 definitions; prohibiting the fraudulent repurchase of
87 a multiuse ticket; providing enhanced criminal
88 penalties for second or subsequent violations of
89 provisions relating to the resale or repurchase of
90 multiuse tickets; providing an effective date.