Bill Text: FL S0394 | 2013 | Regular Session | Comm Sub
Bill Title: Ticket Sales
Spectrum: Bipartisan Bill
Status: (Failed) 2013-05-03 - Died in Judiciary [S0394 Detail]
Download: Florida-2013-S0394-Comm_Sub.html
Florida Senate - 2013 CS for SB 394 By the Committee on Commerce and Tourism; and Senator Hays 577-03850-13 2013394c1 1 A bill to be entitled 2 An act relating to ticket sales; amending s. 817.355, 3 F.S.; providing enhanced criminal penalties for second 4 and subsequent violations concerning fraudulent 5 creation or possession of an admission ticket; 6 providing criminal penalties for persons who commit 7 such violations involving more than a specified number 8 of tickets; amending s. 817.361, F.S.; providing 9 definitions; prohibiting the fraudulent repurchase of 10 a multiuse ticket; providing enhanced criminal 11 penalties for second or subsequent violations of 12 provisions relating to the resale or repurchase of 13 multiuse tickets; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 817.355, Florida Statutes, is amended to 18 read: 19 817.355 Fraudulent creation or possession of admission 20 ticket.— 21 (1) Except as provided in subsections (2) and (3), aAny22 person who counterfeits, forges, alters, or possesses aany23 ticket, token, or paper designed for admission to or the 24 rendering of services by any sports, amusement, concert, or 25 other facility offering services to the general public, with the 26 intent to defraud such facility, commitsis guilty ofa 27 misdemeanor of the first degree, punishable as provided in s. 28 775.082 or s. 775.083. 29 (2) A person who commits a second or subsequent violation 30 of subsection (1) commits a felony of the third degree, 31 punishable as provided in s. 775.082 or s. 775.084 or by a fine 32 of up to $10,000. 33 (3) A person who counterfeits, forges, alters, or possesses 34 10 or more tickets, tokens, or papers designed for admission to 35 or the rendering of services by any sports, amusement, concert, 36 or other facility offering services to the general public with 37 the intent to defraud such facility commits a felony of the 38 third degree, punishable as provided in s. 775.082 or s. 775.084 39 or by a fine of up to $10,000. 40 Section 2. Section 817.361, Florida Statutes, is amended to 41 read: 42 817.361 Resale or repurchase of multiusemultiday or43multieventticket.— 44 (1) As used in this section, the term: 45 (a) “Issuer” means the person or entity that created a 46 multiuse ticket and is obligated to allow admission thereunder. 47 (b) “Multiuse ticket” means a ticket, other medium, or 48 right designed for admission to more than one amusement location 49 or other facility in a theme park complex, or for admission for 50 more than 1 day to one or more such locations or facilities in a 51 theme park complex. 52 (c) “Theme park complex” means any area comprised of at 53 least 25 acres owned by the same business entity which contains 54 rides or other recreational activities. 55 (2) A person whoWhoeveroffers for sale, sells,or56 transfers, or, intending to defraud, purchases or offers to 57 purchase, in connection with a commercial transaction, with or 58 without consideration, any nontransferable multiuse ticketor59other nontransferable medium designed for admission to more than60one amusement location or other facility offering entertainment61to the general public, or for admission for more than 1 day62thereto,after the multiusesaidticketor other mediumhas been 63 used at least once for admission, commits a violation of this 64 subsection. For purposes of this subsection, a multiuse ticket 65 is nontransferable unless the phrase “may be used by more than 66 one person” is printed clearly on the multiuse ticket by the 67 issuer or the issuer explicitly states on its website that the 68 multiuse ticket may be used by more than one personis guilty of69a misdemeanor of the second degree, punishable as provided in s.70775.082or s.775.083. A nontransferable ticket or other71nontransferable medium is one on which is clearly printed the72phrase: “Nontransferable; must be used by the same person on all73days” or words of similar import. 74 (3)(a) Except as provided in paragraph (b), a person who 75 violates subsection (2) commits a misdemeanor of the first 76 degree, punishable as provided in s. 775.082 or s. 775.084 or by 77 a fine of up to $10,000. 78 (b) A person who commitsUpon conviction fora second or 79 subsequent violation ofthissubsection (2) commits, such person80is guilty ofa felonymisdemeanorof the thirdfirstdegree, 81 punishable as provided in s. 775.082 or s. 775.084 or by a fine 82 of up to $10,000775.083. 83 Section 3. This act shall take effect July 1, 2013.