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: 34 817.362 Sale 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.