Title: Resale of Tickets

Summary: Prohibiting an operator of a place of entertainment or the operator's agent from restricting the resale of tickets, denying access to a ticket holder, or using a paperless ticketing system under certain circumstances; prohibiting an operator or an operator's agent from selling or conveying tickets to a secondary ticket seller owned or controlled by the operator or the operator's agent, etc.

Full Text:
An act relating to the resale of tickets; amending s. 817.36, F.S.; defining the term  ticket ; prohibiting an operator of a place of entertainment or the operator s agent from restricting the resale of tickets, denying access to a ticket holder, or using a paperless ticketing system under certain circumstances; providing an exception to the prohibition on using a paperless ticketing system; providing for construction; authorizing an operator or an operator s agent to revoke or restrict tickets under certain circumstances; prohibiting an operator or an operator s agent from selling or conveying tickets to a secondary ticket seller owned or controlled by the operator or the operator s agent; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Present subsections (1) through (5) of section 817.36, Florida Statutes, are redesignated as subsections (2) through (6), respectively, present subsection (6) of that section is amended, and subsections (7) and (8) are added to that section, to read: 817.36 Resale of tickets.  (1) (6)  As used in this section, the term:(a)  Software  means computer programs that are primarily designed or produced for the purpose of interfering with the operation of any person or entity that sells, over the Internet, tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind. (b) Ticket  means a license issued by the operator of a place of entertainment for admission to that place of entertainment at the date and time specified on the ticket, subject to the terms and conditions specified by the operator. (7) Notwithstanding any other provision, an operator of a place of entertainment or the operator s agent is prohibited from: (a) Restricting by any means the resale of tickets included in a subscription or season ticket package as a condition of purchase, as a condition to retain such tickets for the duration of the subscription or season ticket package agreement, or as a condition to retain any contractually agreed upon rights to purchase future subscription or season ticket packages which are otherwise conferred in the subscription or season ticket agreement. (b) Denying access to a ticket holder who possesses a resold subscription or season ticket to a performance or event based solely on the grounds that the ticket has been resold. (c) Using a paperless ticketing system unless the consumer is given an option to purchase paperless tickets that the consumer may transfer at any price, at any time, and without additional fees independent of the operator or operator s agent. However, an operator or an operator s agent may use a paperless ticketing system that does not allow for independent transferability of paperless tickets if the consumer is offered an option at the time of initial sale to purchase the same tickets in some other form that is transferrable independent of the operator or the operator s agent, including, but not limited to, paper tickets or electronic tickets. The price for a ticket shall be the same regardless of the form or transferability of the ticket. The ability for a ticket to be transferred independently of the operator or the operator s agent may not constitute a special service for the purpose of imposing a service charge under this section. This subsection may not be construed to prohibit an operator of a place of entertainment or the operator s agent from maintaining and enforcing any policies regarding conduct or behavior at or in connection with his or her place of entertainment or from restricting the resale of tickets that are offered as part of a targeted promotion, sold at a discounted price, or provided free of charge to specific individuals or groups of individuals because of their status as or membership in a specific community or group, including, but not limited to, persons with disabilities, students, religious or civic organizations, or persons demonstrating economic hardship; however, tickets offered promotionally to the general public are not considered as tickets offered to specific individuals or groups of individuals. Any promotionally discounted or free tickets for which the operator or the operator s agent restricts resale must be clearly marked as such. An operator or the operator s agent may revoke or restrict season tickets or the resale of those tickets for reasons relating to violations of policies at the place of entertainment to the extent the operator or agent may deem necessary for the protection and the safety of patrons or to address fraud or misconduct. (8) An operator or an operator s agent may not sell or convey tickets to any secondary ticket reseller owned or controlled by the operator or the operator s agent. Section 2. This act shall take effect July 1, 2016.