Bill Text: FL S1216 | 2017 | Regular Session | Introduced

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Bill Title: Theme Park Complex Tickets

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Commerce and Tourism [S1216 Detail]

Download: Florida-2017-S1216-Introduced.html

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       Florida Senate - 2017                                    SB 1216
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01587-17                                           20171216__
    1                        A bill to be entitled                      
    2         An act relating to theme park complex tickets;
    3         amending s. 817.36, F.S.; excluding theme park complex
    4         tickets from specified regulations; creating s.
    5         817.362, F.S.; defining terms; prohibiting a person
    6         from reselling tickets to one or more theme park
    7         complexes or amusement locations in a theme park
    8         complex or related facility for more than $1 above the
    9         admission price; exempting a person or entity
   10         expressly authorized in writing by the original ticket
   11         seller or its affiliate to offer such tickets for
   12         resale; providing that the act does not authorize a
   13         person or entity to sell or purchase tickets at any
   14         price at a complex without specified consent;
   15         requiring sales taxes due for resales to be remitted
   16         to the Department of Revenue; providing penalties;
   17         providing an effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraphs (b), (c), and (d) of subsection (1)
   22  and subsection (5) of section 817.36, Florida Statutes, are
   23  amended to read:
   24         817.36 Resale of tickets.—
   25         (1) A person or entity that offers for resale or resells
   26  any ticket may charge only $1 above the admission price charged
   27  therefor by the original ticket seller of the ticket for the
   28  following transactions:
   29         (b) Multiday or multievent tickets to a park or
   30  entertainment complex or to a concert, entertainment event,
   31  permanent exhibition, or recreational activity within such a
   32  park or complex, but excluding tickets governed by s. 817.362
   33  including an entertainment/resort complex as defined in s.
   34  561.01(18).
   35         (c) Event tickets, not including those governed by s.
   36  817.362, originally issued by a charitable organization exempt
   37  from taxation under s. 501(c)(3) of the Internal Revenue Code
   38  for which no more than 3,000 tickets are issued per performance.
   39  The charitable organization must issue event tickets with the
   40  following statement conspicuously printed on the face or back of
   41  the ticket: “Pursuant to s. 817.36, Florida Statutes, this
   42  ticket may not be resold for more than $1 over the original
   43  admission price.” This paragraph does not apply to tickets
   44  issued or sold by a third party contractor ticketing services
   45  provider on behalf of a charitable organization otherwise
   46  included in this paragraph unless the required disclosure is
   47  printed on the ticket.
   48         (d) Any tickets, other than the tickets in paragraph (a),
   49  paragraph (b), or paragraph (c), governed by s. 817.362, which
   50  that are resold or offered through an Internet website, unless
   51  such website is authorized by the original ticket seller or
   52  makes and posts the following guarantees and disclosures through
   53  Internet web pages on which are visibly posted, or links to web
   54  pages on which are posted, text to which a prospective purchaser
   55  is directed before completion of the resale transaction:
   56         1. The website operator guarantees a full refund of the
   57  amount paid for the ticket including any servicing, handling, or
   58  processing fees, if such fees are not disclosed, when:
   59         a. The ticketed event is canceled;
   60         b. The purchaser is denied admission to the ticketed event,
   61  unless such denial is due to the action or omission of the
   62  purchaser;
   63         c. The ticket is not delivered to the purchaser in the
   64  manner requested and pursuant to any delivery guarantees made by
   65  the reseller and such failure results in the purchaser’s
   66  inability to attend the ticketed event.
   67         2. The website operator discloses that it is not the
   68  issuer, original seller, or reseller of the ticket or items and
   69  does not control the pricing of the ticket or items, which may
   70  be resold for more than their original value.
   71         (5) A person who intentionally uses or sells software to
   72  circumvent on a ticket seller’s Internet website a security
   73  measure, an access control system, or any other control or
   74  measure that is used to ensure an equitable ticket-buying
   75  process is liable to the state for a civil penalty equal to
   76  treble the amount for which the ticket or tickets were sold.
   77  This subsection does not apply to the sale of tickets governed
   78  by s. 817.362.
   79         Section 2. Section 817.362, Florida Statutes, is created to
   80  read:
   81         817.362 Resale of theme park complex tickets.—
   82         (1) As used in this section, the term:
   83         (a) “Software” means computer programs that are primarily
   84  designed or produced for the purpose of interfering with the
   85  operation of any person or entity that sells, over the Internet,
   86  tickets to one or more theme park complexes or to one or more
   87  amusement locations in a theme park complex or related facility.
   88         (b) “Theme park complex” means an entertainment/resort
   89  complex as defined in s. 561.01(18).
   90         (2) A person or entity that offers for resale or resells
   91  any ticket to one or more theme park complexes or to one or more
   92  amusement locations in a theme park complex or related facility
   93  may charge only $1 more than the admission price charged
   94  therefor by the original seller of the ticket. This subsection
   95  does not apply to the offer for resale or resale of any ticket
   96  by a person or entity expressly authorized in writing to resell
   97  the ticket by the original seller of the ticket or its
   98  affiliate.
   99         (3) This section does not authorize any individual or
  100  entity to sell or purchase tickets at any price at a theme park
  101  complex without the prior express written consent of the owner
  102  of the property.
  103         (4) Any sales tax due for resales under this section shall
  104  be remitted to the Department of Revenue in accordance with s.
  105  212.04.
  106         (5) A person who knowingly resells a ticket or tickets in
  107  violation of this section is liable to the state for a civil
  108  penalty equal to treble the amount of the price for which the
  109  ticket or tickets were resold.
  110         (6) A person who intentionally uses or sells software to
  111  circumvent on a ticket seller’s website a security measure, an
  112  access control system, or any other control or measure used to
  113  ensure an equitable ticket-buying process is liable to the state
  114  for a civil penalty equal to treble the amount for which the
  115  ticket or tickets were sold.
  116         Section 3. This act shall take effect July 1, 2017.