Florida Senate - 2014                                    SB 1142
       
       
        
       By Senator Lee
       
       
       
       
       
       24-01082-14                                           20141142__
    1                        A bill to be entitled                      
    2         An act relating to ticket sales; amending s. 817.355,
    3         F.S.; providing enhanced criminal penalties for second
    4         and subsequent violations concerning fraudulent
    5         creation or possession of an admission ticket;
    6         providing criminal penalties for persons who commit
    7         such violations involving more than a specified number
    8         of tickets; amending s. 817.361, F.S.; providing
    9         definitions; prohibiting the purchase, sale, and
   10         transfer of certain multiuse tickets; prohibiting the
   11         sale and transfer of certain cards, wristbands, and
   12         media that access or are associated with multiuse
   13         tickets; providing enhanced criminal penalties for
   14         second or subsequent violations of provisions relating
   15         to the purchase, sale, or transfer of certain multiuse
   16         tickets and the sale and transfer of certain cards,
   17         wristbands, and media that access or are associated
   18         with multiuse tickets; providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 817.355, Florida Statutes, is amended to
   23  read:
   24         817.355 Fraudulent creation or possession of admission
   25  ticket.—
   26         (1) Except as provided in subsections (2) and (3), a Any
   27  person who counterfeits, forges, alters, or possesses a any
   28  ticket, token, or paper designed for admission to or the
   29  rendering of services by a any sports, amusement, concert, or
   30  other facility offering services to the general public, with the
   31  intent to defraud such facility, commits is guilty of a
   32  misdemeanor of the first degree, punishable as provided in s.
   33  775.082 or s. 775.083.
   34         (2) A person who commits a second or subsequent violation
   35  of subsection (1) commits a felony of the third degree,
   36  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   37         (3) A person who counterfeits, forges, alters, or possesses
   38  10 or more tickets, tokens, or papers designed for admission to
   39  or the rendering of services by a sports, amusement, concert, or
   40  other facility offering services to the general public with the
   41  intent to defraud such facility commits a felony of the third
   42  degree, punishable as provided in s. 775.082, s. 775.083, or s.
   43  775.084.
   44         Section 2. Section 817.361, Florida Statutes, is amended to
   45  read:
   46         817.361 Purchase, sale, or transfer Resale of multiuse
   47  tickets; sale or transfer of cards, wristbands, and media that
   48  access or are associated with multiuse tickets multiday or
   49  multievent ticket.—
   50         (1) As used in this section, the term:
   51         (a) “Issuer” means the person or entity that created a
   52  multiuse ticket and is obligated to allow admission thereunder.
   53         (b) “Multiuse ticket” means a ticket, other medium, or
   54  right designed for admission to more than one amusement location
   55  or other facility in a theme park complex, or for admission for
   56  more than 1 day or more than once in the same day to one or more
   57  such locations or facilities in a theme park complex.
   58         (c) “Theme park complex” means an area comprised of at
   59  least 25 acres of land owned by the same business entity that
   60  contains rides or other recreational activities.
   61         (2) A person who purchases, offers to purchase, Whoever
   62  offers for sale, sells, or transfers in connection with a
   63  commercial transaction, with or without consideration, a any
   64  nontransferable multiuse ticket or a card, wristband, or other
   65  medium that accesses or is associated with such nontransferable
   66  multiuse ticket or other nontransferable medium designed for
   67  admission to more than one amusement location or other facility
   68  offering entertainment to the general public, or for admission
   69  for more than 1 day thereto, after the nontransferable multiuse
   70  said ticket or other medium has been used at least once for
   71  admission, commits a violation of this subsection. For purposes
   72  of this subsection, a multiuse ticket is nontransferable unless
   73  the phrase “may be used by more than one person” is printed
   74  clearly on the multiuse ticket by the issuer or the issuer
   75  explicitly states on its website that the multiuse ticket may be
   76  used by more than one person is guilty of a misdemeanor of the
   77  second degree, punishable as provided in s. 775.082 or s.
   78  775.083. A nontransferable ticket or other nontransferable
   79  medium is one on which is clearly printed the phrase:
   80  “Nontransferable; must be used by the same person on all days”
   81  or words of similar import.
   82         (3) A person who offers for sale, sells, or transfers in
   83  connection with a commercial transaction, with or without
   84  consideration, a card, wristband, or other medium that accesses
   85  or is associated with a multiuse ticket with the knowledge that
   86  another person possesses a card, wristband, or other medium that
   87  accesses or is associated with the same multiuse ticket commits
   88  a violation of this subsection.
   89         (4)(a) Except as provided in paragraph (b), a person who
   90  violates subsection (2) or subsection (3) commits a misdemeanor
   91  of the first degree, punishable as provided in s. 775.082 or s.
   92  775.083.
   93         (b) A person who commits Upon conviction for a second or
   94  subsequent violation of this subsection (2) or subsection (3) or
   95  who commits a violation of subsection (2) after committing a
   96  violation of subsection (3) or who commits a violation of
   97  subsection (3) after committing a violation of subsection (2)
   98  commits, such person is guilty of a felony misdemeanor of the
   99  third first degree, punishable as provided in s. 775.082, or s.
  100  775.083, or s. 775.084.
  101         Section 3. This act shall take effect July 1, 2014.