Florida Senate - 2019                                     SB 736
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00985-19                                             2019736__
    1                        A bill to be entitled                      
    2         An act relating to nontransferable tickets; creating
    3         s. 817.362, F.S.; defining terms; authorizing a ticket
    4         issuer to employ a nontransferable ticketing system
    5         only under specified circumstances; prohibiting a
    6         ticket buyer or seller from being penalized,
    7         discriminated against, or denied access to an event
    8         under certain circumstances; providing a civil
    9         penalty; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 817.362, Florida Statutes, is created to
   14  read:
   15         817.362 Nontransferable tickets.—
   16         (1) As used in this subsection, the term:
   17         (a) “Nontransferable ticket system” means a system that
   18  restricts, through contractual or technological means, a ticket
   19  purchaser’s ability to freely use, give away, or resell the
   20  tickets he or she has purchased.
   21         (b) “Ticket issuer” means a person who makes tickets to an
   22  entertainment event available, directly or indirectly, and
   23  includes, but is not limited to, any of the following:
   24         1. The operator of a venue.
   25         2. The sponsor or promoter of an entertainment event.
   26         3. A sports team participating in an entertainment event or
   27  a league whose teams are participating in an entertainment
   28  event.
   29         4. A theater company, musical group, or similar participant
   30  in an entertainment event.
   31         5. An agent of any person described in this paragraph.
   32         (c) “Ticket platform” means a marketplace that enables
   33  consumers to purchase and sell tickets.
   34         (2)(a) A ticket issuer may employ a nontransferable
   35  ticketing system only if the consumer is offered an option at
   36  the time of the initial sale to purchase the same ticket, on the
   37  same terms, including the price, in a transferable form that
   38  allows tickets to be given away or resold, independent of and
   39  without requiring the consumer to log into the ticket issuer’s
   40  preferred ticket platform, without penalty or discrimination.
   41         (b) A ticket buyer or seller may not be penalized,
   42  discriminated against, or denied access to an event solely on
   43  the grounds that a ticket was resold or that the ticket was
   44  resold through a certain ticket platform.
   45         (3) A person who knowingly violates this section is liable
   46  to the state for a civil penalty equal to treble the amount of
   47  all sales of tickets subject to such violation.
   48         Section 2. This act shall take effect July 1, 2019.