Florida Senate - 2016                                    SB 1344
       
       
        
       By Senator Smith
       
       31-01310-16                                           20161344__
    1                        A bill to be entitled                      
    2         An act relating to the resale of tickets; amending s.
    3         817.36, F.S.; defining the term “ticket”; prohibiting
    4         an operator of a place of entertainment or the
    5         operator’s agent from restricting the resale of
    6         tickets, denying access to a ticket holder, or using a
    7         paperless ticketing system under certain
    8         circumstances; providing an exception to the
    9         prohibition on using a paperless ticketing system;
   10         providing for construction; authorizing an operator or
   11         an operator’s agent to revoke or restrict tickets
   12         under certain circumstances; prohibiting an operator
   13         or an operator’s agent from selling or conveying
   14         tickets to a secondary ticket seller owned or
   15         controlled by the operator or the operator’s agent;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Present subsections (1) through (5) of section
   21  817.36, Florida Statutes, are redesignated as subsections (2)
   22  through (6), respectively, present subsection (6) of that
   23  section is amended, and subsections (7) and (8) are added to
   24  that section, to read:
   25         817.36 Resale of tickets.—
   26         (1)(6) As used in this section, the term:
   27         (a) “Software” means computer programs that are primarily
   28  designed or produced for the purpose of interfering with the
   29  operation of any person or entity that sells, over the Internet,
   30  tickets of admission to a sporting event, theater, musical
   31  performance, or place of public entertainment or amusement of
   32  any kind.
   33         (b) “Ticket” means a license issued by the operator of a
   34  place of entertainment for admission to that place of
   35  entertainment at the date and time specified on the ticket,
   36  subject to the terms and conditions specified by the operator.
   37         (7) Notwithstanding any other provision, an operator of a
   38  place of entertainment or the operator’s agent is prohibited
   39  from:
   40         (a) Restricting by any means the resale of tickets included
   41  in a subscription or season ticket package as a condition of
   42  purchase, as a condition to retain such tickets for the duration
   43  of the subscription or season ticket package agreement, or as a
   44  condition to retain any contractually agreed upon rights to
   45  purchase future subscription or season ticket packages which are
   46  otherwise conferred in the subscription or season ticket
   47  agreement.
   48         (b) Denying access to a ticket holder who possesses a
   49  resold subscription or season ticket to a performance or event
   50  based solely on the grounds that the ticket has been resold.
   51         (c) Using a paperless ticketing system unless the consumer
   52  is given an option to purchase paperless tickets that the
   53  consumer may transfer at any price, at any time, and without
   54  additional fees independent of the operator or operator’s agent.
   55  However, an operator or an operator’s agent may use a paperless
   56  ticketing system that does not allow for independent
   57  transferability of paperless tickets if the consumer is offered
   58  an option at the time of initial sale to purchase the same
   59  tickets in some other form that is transferrable independent of
   60  the operator or the operator’s agent, including, but not limited
   61  to, paper tickets or electronic tickets. The price for a ticket
   62  shall be the same regardless of the form or transferability of
   63  the ticket. The ability for a ticket to be transferred
   64  independently of the operator or the operator’s agent may not
   65  constitute a special service for the purpose of imposing a
   66  service charge under this section.
   67  
   68  This subsection may not be construed to prohibit an operator of
   69  a place of entertainment or the operator’s agent from
   70  maintaining and enforcing any policies regarding conduct or
   71  behavior at or in connection with his or her place of
   72  entertainment or from restricting the resale of tickets that are
   73  offered as part of a targeted promotion, sold at a discounted
   74  price, or provided free of charge to specific individuals or
   75  groups of individuals because of their status as or membership
   76  in a specific community or group, including, but not limited to,
   77  persons with disabilities, students, religious or civic
   78  organizations, or persons demonstrating economic hardship;
   79  however, tickets offered promotionally to the general public are
   80  not considered as tickets offered to specific individuals or
   81  groups of individuals. Any promotionally discounted or free
   82  tickets for which the operator or the operator’s agent restricts
   83  resale must be clearly marked as such. An operator or the
   84  operator’s agent may revoke or restrict season tickets or the
   85  resale of those tickets for reasons relating to violations of
   86  policies at the place of entertainment to the extent the
   87  operator or agent may deem necessary for the protection and the
   88  safety of patrons or to address fraud or misconduct.
   89         (8) An operator or an operator’s agent may not sell or
   90  convey tickets to any secondary ticket reseller owned or
   91  controlled by the operator or the operator’s agent.
   92         Section 2. This act shall take effect July 1, 2016.