| 1 | A bill to be entitled |
| 2 | An act relating to the sale of event tickets; creating s. |
| 3 | 255.0471, F.S.; providing legislative intent and purpose; |
| 4 | defining terms; requiring the original seller of tickets |
| 5 | to an event held at a publicly owned venue to keep all |
| 6 | receipts from the ticket sales until the event occurs or |
| 7 | to require a person or entity seeking an advance release |
| 8 | of ticket sales to post a surety bond; providing that a |
| 9 | ticket purchaser is entitled to a refund for a canceled |
| 10 | event; providing exceptions; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 255.0471, Florida Statutes, is created |
| 15 | to read: |
| 16 | 255.0471 Refund of receipts for canceled events.- |
| 17 | (1) It is the intent of the Legislature that the state |
| 18 | remain consumer friendly for residents and visitors who attend |
| 19 | events in this state by protecting ticket purchasers and |
| 20 | publicly owned facilities from financial loss. The purpose of |
| 21 | this section is to ensure that publicly owned venues are able to |
| 22 | refund receipts from ticket sales if an event is canceled, |
| 23 | regardless of whether tickets are sold by the venue or pursuant |
| 24 | to a contract to distribute or sell tickets on behalf of the |
| 25 | venue. |
| 26 | (2) As used in this section, the term: |
| 27 | (a) "Educational institution" means a school, college, or |
| 28 | university, public or private, which conducts regular classes |
| 29 | and courses of study required for accreditation by or membership |
| 30 | in an accrediting agency recognized by the United States |
| 31 | Department of Education. |
| 32 | (b) "Event" means a sporting exhibition, athletic contest, |
| 33 | musical or theatrical performance, public entertainment or |
| 34 | amusement of any kind, or any other exhibition for which an |
| 35 | admission price is charged. |
| 36 | (c) "Original seller" means a venue, or issuer of event |
| 37 | tickets pursuant to a contract with the venue, which collects |
| 38 | the purchase price from the ticket purchaser. The term may |
| 39 | include a person or firm that provides distribution services or |
| 40 | ticket sales services pursuant to a contract with the venue. |
| 41 | (d) "Venue" means a facility owned by the state, a county, |
| 42 | a municipality, or other governmental entity which offers |
| 43 | services to the general public. The term includes, but is not |
| 44 | limited to, an auditorium, theater, concert hall, performing |
| 45 | arts center, civic center, convention or exhibition hall, |
| 46 | stadium, arena, coliseum, amphitheater, or publicly owned |
| 47 | recreational facility. |
| 48 | (3) An original seller of a ticket for admission to an |
| 49 | event occurring at a venue on or after July 1, 2011, must: |
| 50 | (a) Keep all receipts from the sale of tickets for an |
| 51 | event, including the admission price and any taxes, surcharges, |
| 52 | and service charges, until the event occurs. The original seller |
| 53 | or its agents are not required to deposit into an escrow account |
| 54 | or segregate receipts from the sale of the tickets; or |
| 55 | (b) Require any person or entity seeking an advance |
| 56 | release of funds from ticket sales to an event to provide a |
| 57 | surety bond to the venue for that event in an amount equal to |
| 58 | the greatest amount the person or entity is seeking to have |
| 59 | advanced before releasing such funds. |
| 60 | (4) If an event is canceled, the ticket purchaser is |
| 61 | entitled to a refund of all receipts from the sale of the |
| 62 | ticket, including the admission price and any taxes, surcharges, |
| 63 | and service charges. |
| 64 | (5) This section does not apply to a ticket: |
| 65 | (a) That has the word "nonrefundable" conspicuously |
| 66 | printed on the face of the ticket. |
| 67 | (b) For a professional sports event. |
| 68 | (c) For an amateur sports event sanctioned by the Amateur |
| 69 | Athletic Union of the USA, Inc. |
| 70 | (d) For a motorsports event as defined in s. 288.1171 or |
| 71 | s. 549.10. |
| 72 | (e) For an event promoted exclusively by an educational |
| 73 | institution. |
| 74 | (f) For a postseason collegiate sporting exhibition or |
| 75 | athletic contest sanctioned by the National Collegiate Athletic |
| 76 | Association. |
| 77 | (g) For a pugilistic exhibition regulated under chapter |
| 78 | 548. |
| 79 | Section 2. This act shall take effect July 1, 2011. |