Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 394
       
       
       
       
       
       
                                Barcode 528392                          
       
                              LEGISLATIVE ACTION                        
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       The Committee on Commerce and Tourism (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 817.355, Florida Statutes, is amended to
    6  read:
    7         817.355 Fraudulent creation or possession of admission
    8  ticket.—
    9         (1) Except as provided in subsections (2) and (3), a Any
   10  person who counterfeits, forges, alters, or possesses a any
   11  ticket, token, or paper designed for admission to or the
   12  rendering of services by any sports, amusement, concert, or
   13  other facility offering services to the general public, with the
   14  intent to defraud such facility, commits is guilty of a
   15  misdemeanor of the first degree, punishable as provided in s.
   16  775.082 or s. 775.083.
   17         (2) A person who commits a second or subsequent violation
   18  of subsection (1) commits a felony of the third degree,
   19  punishable as provided in s. 775.082 or s. 775.084 or by a fine
   20  of up to $10,000.
   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 any sports, amusement, concert,
   24  or other facility offering services to the general public, with
   25  the intent to defraud such facility, commits a felony of the
   26  third degree, punishable as provided in s. 775.082 or s. 775.084
   27  or by a fine of up to $10,000.
   28         Section 2. Section 817.361, Florida Statutes, is amended to
   29  read:
   30         817.361 Resale of multiuse multiday or multievent ticket.—
   31         (1) As used in this section, the term:
   32         (a) Issuer” means the person or entity that created a
   33  multiuse ticket and is obligated to allow admission thereunder.
   34         (b) Multiuse ticket” means a ticket, other medium, or
   35  right designed for admission to more than one amusement location
   36  or facility in a theme park complex, or for admission for more
   37  than 1 day to one or more such locations or facilities in a
   38  theme park complex.
   39         (c) “Theme park complex” means any area comprised of at
   40  least 25 acres owned by the same business entity which contains
   41  rides or other recreational activities.
   42         (2) A person who Whoever offers for sale, sells, or
   43  transfers in connection with a commercial transaction, with or
   44  without consideration, any nontransferable multiuse ticket or
   45  other nontransferable medium designed for admission to more than
   46  one amusement location or other facility offering entertainment
   47  to the general public, or for admission for more than 1 day
   48  thereto, after the multiuse said ticket or other medium has been
   49  used at least once for admission, commits a violation of this
   50  subsection. A multiuse ticket is nontransferable unless the
   51  phrasemay be used by more than one person” is printed clearly
   52  on the multiuse ticket or the issuer explicitly states on its
   53  website that the multiuse ticket may be used by more than one
   54  person is guilty of a misdemeanor of the second degree,
   55  punishable as provided in s. 775.082 or s. 775.083. A
   56  nontransferable ticket or other nontransferable medium is one on
   57  which is clearly printed the phrase: “Nontransferable; must be
   58  used by the same person on all days” or words of similar import.
   59         (3)(a) Except as provided in paragraph (b), a person who
   60  violates subsection (2) commits a misdemeanor of the first
   61  degree, punishable as provided in s. 775.082 or s. 775.084 or by
   62  a fine of up to $10,000.
   63         (b) A person who commits Upon conviction for a second or
   64  subsequent violation of this subsection (2) commits, such person
   65  is guilty of a felony misdemeanor of the third first degree,
   66  punishable as provided in s. 775.082 or s. 775.084 or by a fine
   67  of up to $10,000 775.083.
   68         Section 3. This act shall take effect July 1, 2013.
   69  
   70  ================= T I T L E  A M E N D M E N T ================
   71         And the title is amended as follows:
   72         Delete everything before the enacting clause
   73  and insert:
   74                        A bill to be entitled                      
   75         An act relating to ticket sales; amending s. 817.355,
   76         F.S.; providing enhanced criminal penalties for second
   77         and subsequent violations concerning fraudulent
   78         creation or possession of an admission ticket;
   79         providing criminal penalties for persons who commit
   80         such violations involving more than a specified number
   81         of tickets; amending s. 817.361, F.S.; providing
   82         definitions; providing enhanced criminal penalties for
   83         second or subsequent violations of provisions relating
   84         to the resale of multiuse tickets; providing an
   85         effective date.