Florida Senate - 2025                                     SB 404
       
       
        
       By Senator Berman
       
       
       
       
       
       26-00768-25                                            2025404__
    1                        A bill to be entitled                      
    2         An act relating to ticket sales and resales; providing
    3         a short title; creating s. 817.362, F.S.; providing
    4         definitions; requiring operators, ticket resellers,
    5         and online ticket marketplaces to disclose specified
    6         information in a specified manner during the ticket
    7         listing and purchasing process; requiring ticket
    8         resellers and online ticket marketplaces to provide to
    9         purchasers proof of purchase that includes specified
   10         information within a specified period of time;
   11         prohibiting specified practices by online ticket
   12         marketplaces and ticket resellers; providing
   13         applicability; prohibiting ticket resellers and ticket
   14         marketplaces from engaging in specified actions;
   15         prohibiting persons from taking specified actions
   16         relating to the use of Internet domain names and
   17         ticket purchases under certain conditions; providing
   18         conditions under which tickets may not be sold;
   19         requiring online ticket marketplaces to disclose
   20         specified information to the Secretary of Commerce
   21         upon his or her request; providing that trade secrets
   22         received by the secretary remain confidential when
   23         shared with the Attorney General; authorizing the
   24         secretary or his or her designee to enforce certain
   25         provisions; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. This act may be cited as the “Transparency and
   30  Improvement in Consumer Knowledge for Entertainment Ticketing
   31  (TICKET) Act.”
   32         Section 2. Section 817.362, Florida Statutes, is created to
   33  read:
   34         817.362Sale and resale of tickets at entertainment
   35  venues.—
   36         (1)As used in this section, the term:
   37         (a)“Entertainment” means theatrical or operatic
   38  performances, concerts, motion pictures, entertainment at
   39  fairgrounds, amusement parks, athletic competitions, and other
   40  sports, and includes all other forms of diversion, recreation,
   41  or show.
   42         (b)“Internet domain name” has the same meaning as provided
   43  in s. 668.602.
   44         (c)“Online ticket marketplace” means the administrator of
   45  a website or other electronic service, including an agent,
   46  employee, or assignee of the administrator, that sells tickets
   47  or maintains a platform to facilitate the sale of tickets.
   48         (d)“Operator” means a person, including an agent,
   49  employee, or assignee of the person, who:
   50         1.Owns, operates, or controls a place of entertainment;
   51         2.Produces entertainment; or
   52         3.Sells a ticket to a place of entertainment for sale but
   53  who does not resell tickets.
   54         (e)“Place of entertainment” means an entertainment venue,
   55  including an amphitheater, theater, stadium, arena, racetrack,
   56  museum, amusement park, facility, club, or other place where
   57  performances, concerts, exhibits, athletic games, contests, or
   58  other forms of entertainment are held. The term does not include
   59  movie theaters.
   60         (f)“Secretary” means the Secretary of Commerce.
   61         (g)“Ticket reseller” means a person who offers a ticket
   62  for sale or resale to an entertainment event located in this
   63  state and includes an operator to the extent that the operator
   64  offers or sells tickets for resale. Sales by a ticket reseller
   65  include sales by any means, including in person or by telephone,
   66  mail, delivery service, facsimile, Internet, e-mail, or other
   67  electronic means. A ticket reseller does not include a person
   68  who purchases a ticket solely for the person’s own use or the
   69  use of the person’s invitees, employees, or agents.
   70         (2)(a)An operator, a ticket reseller, or an online ticket
   71  marketplace shall, at all times during the ticket listing and
   72  purchasing process, disclose to purchasers in an easily readable
   73  and conspicuous manner, expressed in dollars:
   74         1.The total cost of the ticket, including all taxes, fees,
   75  and surcharges that must be paid to purchase the ticket.
   76         2.The portion of the ticket price that represents a
   77  service charge.
   78         3.Any other taxes, fees, or surcharges charged to the
   79  purchaser.
   80         (b)The disclosure of subtotals, fees, charges, and all
   81  other components of the total price may not be false or
   82  misleading and may not be presented more prominently or in the
   83  same or larger font than the total price. The disclosure of
   84  subtotals, fees, charges, and all other components of the total
   85  price may be displayed in a manner that allows the purchaser to
   86  hide or minimize the itemized list. The price of a ticket may
   87  not increase with respect to a particular person after the
   88  ticket is first displayed to the person, excluding reasonable
   89  fees for the delivery of nonelectronic tickets based on the
   90  delivery method selected by the purchaser and any additional
   91  purchases made by the purchaser, which must be disclosed before
   92  accepting payment.
   93         (c)Each ticket reseller and online ticket marketplace
   94  shall disclose all of the following in an easily readable and
   95  conspicuous manner on the website or electronic service of the
   96  ticket reseller or online ticket marketplace:
   97         1.That the website or electronic service is owned or
   98  operated by a ticket reseller or online ticket marketplace and
   99  that the price of a resale ticket offered for sale may be higher
  100  or lower than the original purchase price.
  101         2.That the purchaser is responsible for checking with the
  102  place of entertainment for information on changes to the event
  103  or cancellations prior to the event’s start time.
  104         3.The refund policy of the ticket reseller or online
  105  ticket marketplace.
  106  
  107  A ticket reseller or online ticket marketplace shall require a
  108  purchaser to confirm having read the disclosures required by
  109  this paragraph before completing a transaction.
  110         (d)Each ticket reseller or online ticket marketplace shall
  111  provide to the purchaser proof of purchase, which must include
  112  all event and ticket information, within 24 hours of the
  113  purchase, including:
  114         1.That the purchaser is responsible for checking with the
  115  place of entertainment for information on changes to the event
  116  or cancellations before the event’s start time.
  117         2.The refund policy of the ticket reseller or online
  118  ticket marketplace.
  119         (e)An online ticket marketplace may not use any
  120  combination of texts, images, trademarks, copyrights, web
  121  designs, or Internet addresses that are identical or
  122  substantially similar to texts, images, trademarks, copyrights,
  123  web designs, or Internet addresses associated with a place of
  124  entertainment without the written permission of the place of
  125  entertainment duly authorized to provide the permission. This
  126  paragraph does not prohibit an online ticket marketplace from
  127  using text containing the name of a place of entertainment or of
  128  an event in order to describe the location of the event or the
  129  event itself. This paragraph does not prohibit an online ticket
  130  marketplace from providing information or images identifying the
  131  specific seat or area the purchaser will occupy in the place of
  132  entertainment.
  133         (f)Paragraphs (a)-(d) apply only to operators, ticket
  134  resellers, and online ticket marketplaces that engaged in annual
  135  aggregate transactions that were equal to or greater than $5,000
  136  in the most recent fiscal year.
  137         (3)(a) A ticket reseller or online ticket marketplace may
  138  not:
  139         1.Sell or offer to sell more than one copy of the same
  140  ticket to a place of entertainment;
  141         2.Directly or indirectly employ another person to wait in
  142  line to purchase tickets for the purpose of reselling the
  143  tickets if the practice is prohibited or if the place of
  144  entertainment has posted a policy prohibiting the practice;
  145         3.Sell or offer to sell a ticket without first informing
  146  the person of the location of the place of entertainment and the
  147  ticket’s assigned seat, including the number, row, and section
  148  number of the seat;
  149         4.Sell or offer to sell a ticket for which there is no
  150  assigned seat without first informing the person of the general
  151  admission area to which the ticket corresponds; or
  152         5.Advertise, offer for sale, or contract for the sale of a
  153  ticket before the ticket has been made available to the public,
  154  including via presale, without first obtaining permission from
  155  the place of entertainment and having actual or constructive
  156  possession of the ticket, unless the ticket reseller owns the
  157  ticket pursuant to a season ticket package purchased by the
  158  ticket reseller.
  159         (b)A person may not use or cause to be used an Internet
  160  domain name or subdomain thereof in an operator, a ticket
  161  reseller, or an online ticket marketplace website’s uniform
  162  resource locator (URL) which contains any of the following,
  163  unless acting on behalf of the place of entertainment, event, or
  164  person scheduled to perform or appear at the event:
  165         1.The name of a place of entertainment;
  166         2.The name of an event, including the name of a person
  167  scheduled to perform or appear at the event; or
  168         3.A name substantially similar to those described in
  169  subparagraph 1. or subparagraph 2.
  170         (c)A person may not:
  171         1.Circumvent any portion of the process for purchasing a
  172  ticket on the Internet or for admission to a place of
  173  entertainment, including security or identity validation
  174  measures or an access control system; or
  175         2.Disguise the identity of a purchaser to purchase a
  176  number of tickets for admission to a place of entertainment
  177  which exceeds the maximum number of tickets allowed for purchase
  178  by a person.
  179         (d)A person may not sell a ticket obtained in violation of
  180  paragraph (c) if the person:
  181         1.Participated in or had the ability to control the
  182  conduct committed in violation of paragraph (c); or
  183         2.Knew that the ticket was acquired in violation of
  184  paragraph (c).
  185         (e)An operator, a ticket reseller, or an online ticket
  186  marketplace may not sell a ticket unless:
  187         1.The ticket is in the possession or constructive
  188  possession of the operator, ticket reseller, or online ticket
  189  marketplace; or
  190         2.The operator, ticket reseller, or online ticket
  191  marketplace has a written contract with the place of
  192  entertainment to obtain the ticket.
  193         (f)Pursuant to 15 U.S.C. s. 45c, an online ticket
  194  purchasing marketplace may not circumvent a security measure, an
  195  access control system, or any other technological control
  196  measure to enforce posted event ticket purchasing limits or to
  197  maintain the integrity of posted online ticket purchasing order
  198  rules.
  199         (4)If the secretary requests, an online ticket marketplace
  200  must disclose to the secretary information about technology and
  201  security methods used in any alleged violation of paragraph
  202  (3)(f). Any information the secretary receives under this
  203  subsection, including information that is considered a trade
  204  secret, may be shared with the Attorney General, and any portion
  205  of the material which is considered a trade secret remains
  206  confidential pursuant to s. 119.0715.
  207         (5)The secretary, or his or her designee, may enforce this
  208  section.
  209         Section 3. This act shall take effect July 1, 2025.