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CS/SB 1142 — Ticket Sales

by Commerce and Tourism Committee; and Senators Lee, Soto, and Sobel

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Commerce and Tourism Committee (CM)

The bill increases the criminal penalties related to counterfeit tickets and sales of “multiuse tickets” to theme parks.

The bill amends s. 817.355, F.S., to expand the list of specifically prohibited activities and to create increased penalties when the offense involves ten or more items or is a repeat offense.

Under current law, it is a first degree misdemeanor to counterfeit, forge, alter, or possess any ticket, token, or paper with the intention to defraud a facility. The bill adds a prohibition against cloning and applies the restrictions to cards, wristbands, or other media that access or are associated with a ticket.

The bill enhances the penalty for a second or subsequent violation of s. 817.355(1), F.S., from a first degree misdemeanor to a third degree felony. It also provides that the offense is a third degree felony if it involves ten or more items, regardless of whether it is a first or subsequent offense.

The bill creates a third degree felony for the counterfeiting, forging, altering, cloning, or possession of ten or more tickets, cards, wristbands, or other media that access or are associated with a ticket with the intention to defraud a facility.

The bill amends s. 817.361, F.S., relating to the unauthorized sale or transfer of nontransferable tickets after the ticket that has been used at least once for admission.

Under current law it is a second degree misdemeanor to offer for sale, sell, or transfer, with or without consideration, any nontransferable ticket or other nontransferable medium which has been used at least once for admission. The bill specifies that the offense applies to nontransferable “multiuse tickets” and to a “card, wristband, or other medium which accesses or is associated with a nontransferable multiuse ticket.”

The bill defines a “multiuse ticket” as a ticket, other medium, or right designed for admission to:

  • More than one theme park complex;
  • More than one amusement location or other facility in a theme park complex;
  • One or more amusement locations or other facilities in a theme park complex for more than one day; or
  • One or more amusement locations or other facilities in a theme park complex more than once in the same day.

The bill increases the penalty for the offense to a first degree misdemeanor, and enhances the penalty for a second or subsequent offense to a third degree felony. Currently, the first offense is a second degree misdemeanor which is enhanced to a first degree misdemeanor for a second or subsequent offense.

Under current law, a ticket is transferable unless otherwise stated on the ticket itself. The bill repeals that provision, and instead states a multiuse ticket is nontransferable unless either:

  • The phrase “may be used by more than one person” is printed clearly on the ticket; or
  • The issuer of the ticket explicitly states on its website the ticket may be used by more than one person.

The current statute applies to the sale or transfer of nontransferable tickets or other media designed for admission to more than one amusement location or other facility offering entertainment to the general public. The bill applies only to admission to theme park complexes or amusement areas within a theme park complex. This change has the effect of repealing penalties for the resale of used nontransferable multiday or multievent tickets to entertainment venues other than theme parks.

If approved by the Governor, these provisions take effect July 1, 2014.

Vote: Senate 38-0; House 116-0