Florida Senate - 2024 COMMITTEE AMENDMENT
Bill No. SB 204
Ì173084-Î173084
LEGISLATIVE ACTION
Senate . House
Comm: TP .
12/06/2023 .
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The Committee on Commerce and Tourism (Brodeur) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 542.345, Florida Statutes, is created to
6 read:
7 542.345 Covenants not to compete for the sale or the
8 distribution of event tickets and licenses prohibited.—
9 (1) The Legislature finds that sole-source contracts for
10 the sale of tickets and licenses to events located at live
11 performance venues within this state violate public policy and
12 harm the public good.
13 (2) For purposes of this section, the term “live
14 performance venue” means a stadium, a convention center, an
15 exhibition hall, an arena, a coliseum, or an auditorium that has
16 accepted any federal, state, or local taxpayer funds for capital
17 improvements or operational expenses, including, but not limited
18 to, funds collected pursuant to a convention development tax
19 imposed under s. 212.0305 and grants awarded under chapter 288.
20 (3) A live performance venue may not enter into a sole
21 source contract or a covenant not to compete with a ticket
22 selling platform to sell, resell, or distribute tickets and
23 licenses to events located at the live performance venue.
24 (4) A live performance venue may not require a performance
25 artist or other event to market, sell, resell, or distribute
26 tickets through a single or specific ticket platform.
27 Section 2. Section 817.358, Florida Statutes, is created,
28 to read:
29 817.358 Sale of tickets; disclosures; penalties.—A person
30 or an entity that offers to sell tickets must disclose in an
31 easily readable and conspicuous manner the total cost of the
32 ticket, including all fees that must be paid in order to
33 purchase the ticket, from the initial time a price is displayed,
34 and must provide the purchaser an option to view an itemized
35 list that includes the base price of the ticket and each event
36 ticket fee before the purchase is made. Disclosures may not be
37 false or misleading and must be at least as prominent, and in
38 the same font and size, as the final price. The total cost of
39 the ticket may increase only for reasonable fees for the
40 delivery of nonelectronic tickets, which increase must be
41 disclosed to the purchaser before accepting payment. A person or
42 an entity who violates this section commits a violation of the
43 Florida Deceptive and Unfair Trade Practices Act, as established
44 in ss. 501.201-501.213.
45 Section 3. Present subsection (6) of section 817.36,
46 Florida Statutes, is redesignated as subsection (7), a new
47 subsection (6) is added to that section, and subsection (5) of
48 that section is amended, to read:
49 817.36 Resale of tickets.—
50 (5) A person who intentionally uses or sells software to
51 circumvent on a ticket seller’s Internet website a security
52 measure, an access control system, or any other control or
53 measure that is used to ensure an equitable ticket-buying
54 process is liable to the state for a civil penalty equal to
55 treble the amount for which the ticket or tickets were sold. A
56 person who has knowledge of the intentional use of software in
57 violation of this subsection must notify the Attorney General.
58 (6) Other than tickets described in paragraph (1)(a),
59 paragraph (1)(b), or paragraph (1)(c), it is unlawful to:
60 (a) Apply a term or condition to, or use technology to
61 limit the terms and conditions of, resale.
62 (b) Penalize, discriminate against, or deny access to an
63 event to a person who purchases or resells a ticket in a manner
64 authorized by this section.
65 Section 4. This act shall take effect July 1, 2024.
66
67 ================= T I T L E A M E N D M E N T ================
68 And the title is amended as follows:
69 Delete everything before the enacting clause
70 and insert:
71 A bill to be entitled
72 An act relating to competition for the sale of event
73 tickets; creating s. 542.345, F.S.; providing
74 legislative findings; defining the term “live
75 performance venue”; prohibiting live performance
76 venues from entering into specified contracts and
77 covenants and from requiring performance artists or
78 events to distribute the tickets through specific
79 ticket platforms; creating s. 817.358, F.S.; requiring
80 a person or an entity that offers to sell tickets to
81 make certain disclosures in a specified manner
82 regarding the price of the ticket, and that the
83 failure to do so violates the Florida Deceptive and
84 Fair Trade Practices Act; amending s. 817.36, F.S.;
85 requiring persons with knowledge of the intentional
86 use of certain software to circumvent certain security
87 measures to notify the Attorney General; prohibiting
88 the application of certain terms and conditions of
89 resale tickets; prohibiting the denial of access to an
90 event to certain persons who lawfully purchase or
91 resell tickets; providing an effective date.