CS/HB 1287

1
A bill to be entitled
2An act relating to resale of tickets; amending s. 817.36,
3F.S.; providing restrictions on the resale of event
4tickets by or benefiting a tax-exempt charitable
5organization; allowing a charitable organization as an
6original ticket issuer or seller to have the choice to
7prohibit ticket purchases for resale or to require
8contractual agreements with ticket resellers; requiring
9that a person or entity who offers to sell or resell over
10the Internet tickets to specified public entertainment or
11amusement events of any kind may not offer such tickets
12for sale until such tickets have first been offered for
13sale via an event-provider-authorized outlet or offering;
14providing exceptions; prohibiting use of computer software
15to circumvent a ticket seller's website security measures,
16access control systems, or other controls or measures used
17to ensure an equitable ticket-buying process; providing
18penalties; defining the term "software"; providing that a
19violation of this section is a violation of the Florida
20Deceptive and Unfair Trade Practices Act; providing for a
21civil penalty equal to treble the amount for which tickets
22were sold in violation of s. 817.36, F.S.; providing an
23effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Section 817.36, Florida Statutes, is amended to
28read:
29     817.36  Resale of tickets.--
30     (1)  A person or entity who offers Whoever shall offer for
31resale or resells resell any ticket may only charge $1 above the
32admission price charged therefor by the original ticket seller
33of the said ticket for the following transactions:
34     (a)(1)  Passage or accommodations on any common carrier in
35this state.; however, the provisions of This paragraph does
36subsection shall not apply to travel agencies that have an
37established place of business in this state, which place of
38business is required to pay state, county, and city occupational
39license taxes.
40     (b)(2)  Multiday or multievent tickets to a park or
41entertainment complex or to a concert, entertainment event,
42permanent exhibition, or recreational activity within such a
43park or complex, including an entertainment/resort complex as
44defined in s. 561.01(18).
45     (c)  Tickets for events sponsored by or benefiting a
46charitable organization exempt from taxation under s. 501(c)(3)
47of the Internal Revenue Code.
48     (d)1.(3)  Any tickets, other than the tickets in paragraphs
49(a), (b), and (c) subsections (1) and (2), that are resold or
50offered through an Internet website, unless such website is
51authorized by the original ticket seller or makes and posts the
52following guarantees and disclosures through Internet web pages
53on which are visibly posted, or links to web pages on which are
54posted, text to which a prospective purchaser is directed before
55completion of the resale transaction:
56     a.(a)  The website operator guarantees a full refund of the
57amount paid for the ticket, including any servicing, handling,
58or processing fees, if such fees are not disclosed, when:
59     (I)1.  The ticketed event is canceled;
60     (II)2.  The purchaser is denied admission to the ticketed
61event, unless such denial is due to the action or omission of
62the purchaser;
63     (III)3.  The ticket is not delivered to the purchaser in
64the manner requested and pursuant to any delivery guarantees
65made by the reseller and such failure results in the purchaser's
66inability to attend the ticketed event.
67     b.(b)  The website operator discloses that it is not the
68issuer, original seller, or reseller of the ticket or items and
69does not control the pricing of the ticket or items, which may
70be resold for more than their original value.
71     2.a.  A person or entity who offers to sell or resell over
72the Internet tickets of admission to a live entertainment event,
73theater, musical performance, or place of public entertainment
74or amusement of any kind may not offer such tickets for sale
75until such tickets have first been offered for sale via an
76event-provider-authorized outlet or offering.
77     b.  An Internet portal or website may not allow any person
78or entity to offer for resale any ticket of admission to a live
79entertainment event, theater, musical performance, or place of
80public entertainment or amusement of any kind, unless and until
81such tickets have first been offered for sale via an event-
82provider-authorized outlet or offering.
83     c.  This subparagraph does not apply to sporting or
84athletic events.
85     3.a.  A person or entity who intentionally uses or sells
86software to circumvent on a ticket seller's Internet website a
87security measure, an access control system, or any other control
88or measure that is used to ensure an equitable ticket-buying
89process commits a misdemeanor of the second degree, punishable
90as provided in s. 775.082 or s. 775.083.
91     b.  As used in this subparagraph, the term "software" means
92computer programs that are primarily designed or produced for
93the purpose of interfering with the operation of any person or
94entity that sells, over the Internet, tickets of admission to a
95sporting event, theater, musical performance, or place of public
96entertainment or amusement of any kind.
97     (2)(4)  Nothing in This section does not authorize
98authorizes any individual or entity to sell or purchase tickets
99at any price on property where an event is being held without
100the prior express written consent of the owner of the property.
101     (3)  Any not-for-profit organization as an original ticket
102issuer or seller of tickets subject to paragraph (1)(c) shall
103have the choice to prohibit ticket purchases for the purposes of
104remarketing or reselling by any other person or firm or to
105require binding contractual agreements with registered ticket
106resellers for the purposes of purchasing, remarketing, or
107reselling the event or entertainment tickets.
108     (4)(5)  Any sales tax due for resales under this section
109shall be remitted to the Department of Revenue in accordance
110with s. 212.04.
111     (5)  A person or entity who violates this section commits a
112violation of ss. 501.201-501.213, the Florida Deceptive and
113Unfair Trade Practices Act. A person or entity who resells a
114ticket or tickets in violation of this section is liable to the
115state for a civil penalty equal to treble the amount for which
116the ticket or tickets were sold.
117     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.