Bill Text: FL S0742 | 2015 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Ticket Sales

Spectrum: Bipartisan Bill

Status: (Failed) 2015-05-01 - Died in Appropriations [S0742 Detail]

Download: Florida-2015-S0742-Introduced.html

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       Florida Senate - 2015                                     SB 742
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-00504-15                                            2015742__
    1                        A bill to be entitled                      
    2         An act relating to ticket sales; amending s. 817.36,
    3         F.S.; authorizing a specified phrase to be printed or
    4         displayed on the ticket; requiring certain guarantees
    5         and disclosures for tickets sold through a mobile
    6         application or digital platform; deleting the
    7         requirement that the ticket seller guarantee a refund
    8         if the seller cannot transmit tickets to the buyer in
    9         the buyer’s preferred method, resulting in the buyer’s
   10         inability to attend the event; including mobile
   11         applications and digital platforms as prohibited
   12         places where an individual may not sell or purchase
   13         tickets absent the property owner’s consent;
   14         prohibiting a person from selling, using, or causing
   15         to be used specified means to bypass portions of the
   16         ticket-buying process or disguise the identity of the
   17         ticket purchaser under certain circumstances;
   18         providing that a person who violates such prohibitions
   19         commits a misdemeanor of the second degree;
   20         authorizing an injured party to bring a claim to
   21         recover damages; authorizing a court to award damages
   22         up to three times the amount of actual damages;
   23         deleting a civil penalty and upgrading the severity of
   24         a certain offense to a misdemeanor of the second
   25         degree; deleting a provision to conform to changes
   26         made by the act; establishing registration
   27         requirements for a ticket broker; requiring a ticket
   28         broker to register with the Department of Agriculture
   29         and Consumer Services by a specified date; prohibiting
   30         certain persons from registering as a ticket broker;
   31         requiring a ticket broker, resale website, mobile
   32         application, or other digital platform to disclose
   33         specified information; prohibiting a website, mobile
   34         application, or digital platform from using a
   35         trademark or service mark without written consent;
   36         providing an exception; authorizing an aggrieved
   37         person to bring a lawsuit and obtain certain remedies;
   38         authorizing the recovery of damages, attorney fees,
   39         and court costs; authorizing the department to impose
   40         one or more specified penalties against a person in
   41         specified circumstances; providing for a penalty or a
   42         fine; requiring the department to adopt rules to
   43         implement the registration provisions; defining terms;
   44         making technical changes; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Section 817.36, Florida Statutes, is reordered
   49  and amended to read:
   50         817.36 Ticket sales Resale of tickets.—
   51         (2)(1) A person or entity that offers for resale or resells
   52  a any ticket may charge only $1 more than above the admission
   53  price charged therefor by the original ticket seller of the
   54  ticket for the following transactions:
   55         (a) Passage or accommodations on any common carrier in this
   56  state. However, this paragraph does not apply to travel agencies
   57  that have an established place of business in this state and are
   58  required to pay state, county, and city occupational license
   59  taxes.
   60         (b) Multiday or multievent tickets to a park or
   61  entertainment complex, or to a concert, entertainment event,
   62  permanent exhibition, or recreational activity within such a
   63  park or complex, including an entertainment/resort complex as
   64  defined in s. 561.01(18).
   65         (c) Event tickets originally issued by a charitable
   66  organization exempt from taxation under s. 501(c)(3) of the
   67  Internal Revenue Code if for which no more than 3,000 tickets
   68  are issued per performance. Such tickets must have The
   69  charitable organization must issue event tickets with the
   70  following statement conspicuously printed or displayed on their
   71  faces or backs the face or back of the ticket: “Pursuant to s.
   72  817.36, Florida Statutes, this ticket may not be resold for more
   73  than $1 over the original admission price.” This paragraph does
   74  not apply to tickets that are not imprinted with or do not
   75  display the statement and that are issued or sold by a third
   76  party third party contractor that provides ticketing services
   77  provider on behalf of a charitable organization otherwise
   78  included in this paragraph unless the required disclosure is
   79  printed on the ticket.
   80         (d) Any tickets, other than the tickets in paragraph (a),
   81  paragraph (b), or paragraph (c), which that are resold or
   82  offered through a an Internet website, mobile application, or
   83  any other digital platform, unless such website, mobile
   84  application, or digital platform is authorized by the original
   85  ticket seller to resell tickets or makes and prominently posts
   86  the following guarantees and disclosures on a web page through
   87  Internet web pages on which are visibly posted, or links to web
   88  pages on which are posted, text to which a prospective purchaser
   89  is directed before completion of the resale transaction:
   90         1. The website, mobile application, or digital platform
   91  operator guarantees a full refund of the amount paid for the
   92  ticket including any servicing, handling, or processing fees, if
   93  such fees are not disclosed, if when:
   94         a. The ticketed event is canceled.;
   95         b. The purchaser is denied admission to the ticketed event,
   96  unless such denial is due to the action or omission of the
   97  purchaser.;
   98         c. The ticket is not delivered to the purchaser in the
   99  manner requested and pursuant to any delivery guarantees made by
  100  the reseller and such failure results in the purchaser’s
  101  inability to attend the ticketed event.
  102         2. The website, mobile application, or digital platform
  103  operator discloses that it is not the issuer, original seller,
  104  or reseller of the ticket or items and does not control the
  105  pricing of the ticket or items, which may be resold for more
  106  than their face original value.
  107         (3)(2) This section does not authorize any individual or
  108  entity to sell or purchase tickets at any price on property or
  109  at a place of entertainment where an event is being held without
  110  the prior express written consent of the owner of the property.
  111         (4)(3) Any sales tax due for resales under this section
  112  shall be remitted to the Department of Revenue in accordance
  113  with s. 212.04.
  114         (6)(4) A person who knowingly resells a ticket or tickets
  115  in violation of this section commits a misdemeanor of the second
  116  degree, punishable as provided in s. 775.082 or s. 775.083 is
  117  liable to the state for a civil penalty equal to treble the
  118  amount of the price for which the ticket or tickets were resold.
  119         (5)(a) A person may not sell, use, or cause to be used by
  120  any means, method, technology, device, or software that is
  121  designed or intended to, or that functions to, bypass portions
  122  of the ticket-buying process or to disguise the identity of the
  123  ticket purchaser or circumvent a security measure, an access
  124  control system, or other control, authorization, or measure on a
  125  ticket issuer’s or resale ticket agent’s website, mobile
  126  application, or digital platform.
  127         (b) A person may not use or cause to be used by any means,
  128  method, technology, device, or software that is designed or
  129  intended to, or that functions to, disguise the identity of the
  130  purchaser with the purpose of purchasing or attempting to
  131  purchase via online sale a quantity of tickets to a place of
  132  entertainment in excess of the authorized limits established by
  133  the owner or operator of the place of entertainment or of the
  134  entertainment event or an agent of any such person.
  135         (c) A person who violates this subsection commits a
  136  misdemeanor of the second degree, punishable as provided in s.
  137  775.082 or s. 775.083. Each ticket purchase, ticket sale, or
  138  violation of this subsection constitutes a separate offense.
  139         (d) A person injured by wrongful conduct that occurs during
  140  the commission of a violation of this subsection may bring an
  141  action to recover all actual damages suffered as a result of
  142  such conduct. The court, in its discretion, may award damages up
  143  to 3 times the amount of actual damages.
  144         (5) A person who intentionally uses or sells software to
  145  circumvent on a ticket seller’s Internet website a security
  146  measure, an access control system, or any other control or
  147  measure that is used to ensure an equitable ticket-buying
  148  process is liable to the state for a civil penalty equal to
  149  treble the amount for which the ticket or tickets were sold.
  150         (7)(a) A ticket broker shall register with the department
  151  by April 1, 2016, or within 30 days after commencing business as
  152  a ticket broker in this state, whichever is later, and must
  153  maintain an active registration with the department. To have and
  154  maintain an effective registration, a ticket broker must:
  155         1. Maintain a permanent office or place of business in this
  156  state for the purpose of engaging in the business of ticket
  157  brokering.
  158         2. Submit the ticket broker’s business name, physical
  159  address in this state, and other information as requested on a
  160  form adopted by the department by rule.
  161         3. Certify that the broker does not use, sell, give,
  162  transfer, or distribute software that is primarily designed for
  163  the purpose of interfering with the operations of any ticket
  164  seller in violation of this section.
  165         4. Pay an annual registration fee, as determined by
  166  department rule, which must cover the cost to the department of
  167  the administration of this subsection.
  168         5. Renew the registration annually.
  169         6. Register for sales and use tax purposes under chapter
  170  212.
  171         (b) Upon registration, the department shall issue each
  172  ticket broker a unique registration number and publish a list of
  173  registered ticket brokers, including their respective
  174  registration numbers, on its website. A person who has been
  175  convicted of a felony and who has not been pardoned or had his
  176  or her civil rights, beyond only voting rights, restored either
  177  by the relevant civil rights restoration authority or
  178  automatically by operation of law may not register as a ticket
  179  broker.
  180         (8) A ticket broker, directly, or a resale website, mobile
  181  application, or other digital platform, through a clear and
  182  conspicuous posting on its website, mobile application, or
  183  digital online marketplace, must disclose to the purchaser,
  184  before completion of the sale:
  185         (a) The face value and exact location of the seat offered
  186  for sale, including a section, row, and seat number, or the area
  187  specifically designated as accessible seating.
  188         (b) Whether the ticket offered for sale is in the actual
  189  possession of the reseller and available for delivery. If the
  190  ticket is not in the actual physical possession of the reseller,
  191  the disclosure must include the time that the reseller
  192  reasonably expects to have the ticket in its actual possession
  193  and available for delivery.
  194         (c) Whether the reseller is actively making an offer to
  195  procure the ticket.
  196         (d) The refund policy of the ticket broker or resale
  197  website, mobile application, or digital platform in connection
  198  with the cancellation or postponement of an entertainment event.
  199         (e) The ticket prices of a resale website, mobile
  200  application, or other digital platform often exceed face value.
  201         (9) A resale website, mobile application, or digital
  202  platform may not use the name of a venue, artist, or team
  203  trademark or service mark without the express written consent of
  204  the intellectual property owner; however, such use is
  205  permissible when it constitutes fair use and is consistent with
  206  applicable laws, including full disclosure or attribution of the
  207  true intellectual property owner.
  208         (10)(a) In addition to any other remedy or relief to which
  209  a person may be entitled, a person aggrieved by a violation of
  210  this section may bring an action to obtain a declaratory
  211  judgment that an act or practice violates this section and may
  212  institute a civil action for injunctive relief to enjoin a
  213  person from engaging in any activity in violation of this
  214  section.
  215         (b) In an action brought by a person who has suffered a
  216  loss as a result of a violation of this section, the person may
  217  recover actual damages, plus attorney fees and court costs.
  218         (11)(a) The department may enter an order imposing one or
  219  more of the following penalties against a person who violates
  220  this section or rules adopted under this section, or who
  221  impedes, obstructs, hinders, or otherwise prevents or attempts
  222  to prevent the department from performing its duties in
  223  connection with this section:
  224         1. Imposition of an administrative fine not to exceed
  225  $1,000 per occurrence.
  226         2. Revocation or suspension of registration.
  227         (b) Except as otherwise provided in this section, and in
  228  addition to any noncriminal penalties provided in this section,
  229  a person who knowingly violates this section commits a felony of
  230  the third degree, punishable as provided in s. 775.082 or s.
  231  775.084 or by a fine of up to $10,000.
  232         (12) The department shall adopt rules to administer the
  233  registration process under this section.
  234         (1)(6) As used in this section, the term:
  235         (a) “Department” means the Department of Agriculture and
  236  Consumer Services.
  237         (b) “Face value” means the face price of a ticket, as
  238  determined by the event presenter and printed or displayed on
  239  the ticket.
  240         (c) “Online marketplace” means a website, mobile
  241  application, or any other digital platform that provides a forum
  242  for the buying and selling of tickets, but does not include a
  243  website, mobile application, or any other digital platform
  244  operated by a reseller, ticket issuer, event presenter, or agent
  245  of an owner or operator of a place of entertainment.
  246         (d) “Place of entertainment” means a privately owned and
  247  operated entertainment facility or publicly owned and operated
  248  entertainment facility in this state, such as a theater,
  249  stadium, museum, arena, racetrack, or other place where
  250  performances, concerts, exhibits, games, athletic events, or
  251  contests are held and for which an entry fee is charged. A
  252  facility owned by a school, college, university, or house of
  253  worship is a place of entertainment only when an event is held
  254  for which an entry fee is charged.
  255         (e) “Resale website” means a website, mobile application,
  256  or any other digital platform or portion thereof which
  257  facilitates the sale of tickets by resellers to consumers or on
  258  which resellers offer tickets for sale to consumers.
  259         (f) “Software” means computer or application-based programs
  260  that are primarily designed or produced for the purpose of
  261  interfering with the operation of any person or entity that
  262  sells, over the Internet, tickets of admission to a sporting
  263  event, theater, musical performance, or place of public
  264  entertainment or amusement of any kind.
  265         (g) “Ticket” means a printed, electronic, or other type of
  266  evidence of the right, option, or opportunity to occupy space
  267  at, or to enter or attend, an entertainment event even if there
  268  is no physical manifestation of such right. A ticket is a
  269  revocable license, held by the person in possession of the
  270  ticket, to use a seat or occupy a standing area in a specific
  271  place of entertainment for a limited time. The license
  272  represented by the ticket may be revoked at any time, with or
  273  without cause, by the ticket issuer.
  274         (h) “Ticket broker” means a person, or persons acting in
  275  concert, involved in the business of reselling tickets of
  276  admission to places of entertainment. The term does not include:
  277         1. A person who does not regularly engage in the business
  278  of reselling tickets; who, in any given 12-month period, resells
  279  fewer than 60 tickets or fewer than one-third of all tickets
  280  purchased from a professional sports entity, whichever is less;
  281  and who obtains the tickets for his or her own use or the use of
  282  his or her family members, friends, or acquaintances.
  283         2. A person operating a website, mobile application, or
  284  other digital platform whose primary business is to serve as an
  285  online marketplace where third parties may buy and sell tickets,
  286  and whose primary business is not the reselling of tickets.
  287         Section 2. This act shall take effect October 1, 2015.