Title: Ticket Sales and Resales

Summary: Citing this act as the "Transparency and Improvement in Consumer Knowledge for Entertainment Ticketing (TICKET) Act"; requiring operators, ticket resellers, and online ticket marketplaces to disclose specified information in a specified manner during the ticket listing and purchasing process; prohibiting specified practices by online ticket marketplaces and ticket resellers; providing conditions under which tickets may not be sold, etc.

Full Text:
An act relating to ticket sales and resales; providing a short title; creating s. 817.362, F.S.; providing definitions; requiring operators, ticket resellers, and online ticket marketplaces to disclose specified information in a specified manner during the ticket listing and purchasing process; requiring ticket resellers and online ticket marketplaces to provide to purchasers proof of purchase that includes specified information within a specified period of time; prohibiting specified practices by online ticket marketplaces and ticket resellers; providing applicability; prohibiting ticket resellers and ticket marketplaces from engaging in specified actions; prohibiting persons from taking specified actions relating to the use of Internet domain names and ticket purchases under certain conditions; providing conditions under which tickets may not be sold; requiring online ticket marketplaces to disclose specified information to the Secretary of Commerce upon his or her request; providing that trade secrets received by the secretary remain confidential when shared with the Attorney General; authorizing the secretary or his or her designee to enforce certain provisions; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1.  This act may be cited as the  Transparency and Improvement in Consumer Knowledge for Entertainment Ticketing (TICKET) Act.  Section 2. Section 817.362, Florida Statutes, is created to read: 817.362   Sale and resale of tickets at entertainment venues.  (1)   As used in this section, the term: (a)    Entertainment  means theatrical or operatic performances, concerts, motion pictures, entertainment at fairgrounds, amusement parks, athletic competitions, and other sports, and includes all other forms of diversion, recreation, or show. (b)    Internet domain name  has the same meaning as provided in s. 668.602. (c)    Online ticket marketplace  means the administrator of a website or other electronic service, including an agent, employee, or assignee of the administrator, that sells tickets or maintains a platform to facilitate the sale of tickets. (d)    Operator  means a person, including an agent, employee, or assignee of the person, who: 1.   Owns, operates, or controls a place of entertainment; 2.   Produces entertainment; or 3.   Sells a ticket to a place of entertainment for sale but who does not resell tickets. (e)    Place of entertainment  means an entertainment venue, including an amphitheater, theater, stadium, arena, racetrack, museum, amusement park, facility, club, or other place where performances, concerts, exhibits, athletic games, contests, or other forms of entertainment are held. The term does not include movie theaters. (f)    Secretary  means the Secretary of Commerce. (g)    Ticket reseller  means a person who offers a ticket for sale or resale to an entertainment event located in this state and includes an operator to the extent that the operator offers or sells tickets for resale. Sales by a ticket reseller include sales by any means, including in person or by telephone, mail, delivery service, facsimile, Internet, e-mail, or other electronic means. A ticket reseller does not include a person who purchases a ticket solely for the person s own use or the use of the person s invitees, employees, or agents. (2)(a)   An operator, a ticket reseller, or an online ticket marketplace shall, at all times during the ticket listing and purchasing process, disclose to purchasers in an easily readable and conspicuous manner, expressed in dollars: 1.   The total cost of the ticket, including all taxes, fees, and surcharges that must be paid to purchase the ticket. 2.   The portion of the ticket price that represents a service charge. 3.   Any other taxes, fees, or surcharges charged to the purchaser. (b)   The disclosure of subtotals, fees, charges, and all other components of the total price may not be false or misleading and may not be presented more prominently or in the same or larger font than the total price. The disclosure of subtotals, fees, charges, and all other components of the total price may be displayed in a manner that allows the purchaser to hide or minimize the itemized list. The price of a ticket may not increase with respect to a particular person after the ticket is first displayed to the person, excluding reasonable fees for the delivery of nonelectronic tickets based on the delivery method selected by the purchaser and any additional purchases made by the purchaser, which must be disclosed before accepting payment. (c)   Each ticket reseller and online ticket marketplace shall disclose all of the following in an easily readable and conspicuous manner on the website or electronic service of the ticket reseller or online ticket marketplace: 1.   That the website or electronic service is owned or operated by a ticket reseller or online ticket marketplace and that the price of a resale ticket offered for sale may be higher or lower than the original purchase price. 2.   That the purchaser is responsible for checking with the place of entertainment for information on changes to the event or cancellations prior to the event s start time. 3.   The refund policy of the ticket reseller or online ticket marketplace. A ticket reseller or online ticket marketplace shall require a purchaser to confirm having read the disclosures required by this paragraph before completing a transaction. (d)   Each ticket reseller or online ticket marketplace shall provide to the purchaser proof of purchase, which must include all event and ticket information, within hours of the purchase, including: 1.   That the purchaser is responsible for checking with the place of entertainment for information on changes to the event or cancellations before the event s start time. 2.   The refund policy of the ticket reseller or online ticket marketplace. (e)   An online ticket marketplace may not use any combination of texts, images, trademarks, copyrights, web designs, or Internet addresses that are identical or substantially similar to texts, images, trademarks, copyrights, web designs, or Internet addresses associated with a place of entertainment without the written permission of the place of entertainment duly authorized to provide the permission. This paragraph does not prohibit an online ticket marketplace from using text containing the name of a place of entertainment or of an event in order to describe the location of the event or the event itself. This paragraph does not prohibit an online ticket marketplace from providing information or images identifying the specific seat or area the purchaser will occupy in the place of entertainment. (f)   Paragraphs (a)-(d) apply only to operators, ticket resellers, and online ticket marketplaces that engaged in annual aggregate transactions that were equal to or greater than $5,000 in the most recent fiscal year. (3)(a) A ticket reseller or online ticket marketplace may not: 1.   Sell or offer to sell more than one copy of the same ticket to a place of entertainment; 2.   Directly or indirectly employ another person to wait in line to purchase tickets for the purpose of reselling the tickets if the practice is prohibited or if the place of entertainment has posted a policy prohibiting the practice; 3.   Sell or offer to sell a ticket without first informing the person of the location of the place of entertainment and the ticket s assigned seat, including the number, row, and section number of the seat; 4.   Sell or offer to sell a ticket for which there is no assigned seat without first informing the person of the general admission area to which the ticket corresponds; or 5.   Advertise, offer for sale, or contract for the sale of a ticket before the ticket has been made available to the public, including via presale, without first obtaining permission from the place of entertainment and having actual or constructive possession of the ticket, unless the ticket reseller owns the ticket pursuant to a season ticket package purchased by the ticket reseller. (b)   A person may not use or cause to be used an Internet domain name or subdomain thereof in an operator, a ticket reseller, or an online ticket marketplace website s uniform resource locator (URL) which contains any of the following, unless acting on behalf of the place of entertainment, event, or person scheduled to perform or appear at the event: 1.   The name of a place of entertainment; 2.   The name of an event, including the name of a person scheduled to perform or appear at the event; or 3.   A name substantially similar to those described in subparagraph 1. or subparagraph 2. (c)   A person may not: 1.   Circumvent any portion of the process for purchasing a ticket on the Internet or for admission to a place of entertainment, including security or identity validation measures or an access control system; or 2.   Disguise the identity of a purchaser to purchase a number of tickets for admission to a place of entertainment which exceeds the maximum number of tickets allowed for purchase by a person. (d)   A person may not sell a ticket obtained in violation of paragraph (c) if the person: 1.   Participated in or had the ability to control the conduct committed in violation of paragraph (c); or 2.   Knew that the ticket was acquired in violation of paragraph (c). (e)   An operator, a ticket reseller, or an online ticket marketplace may not sell a ticket unless: 1.   The ticket is in the possession or constructive possession of the operator, ticket reseller, or online ticket marketplace; or 2.   The operator, ticket reseller, or online ticket marketplace has a written contract with the place of entertainment to obtain the ticket. (f)   Pursuant to U.S.C. s. 45c, an online ticket purchasing marketplace may not circumvent a security measure, an access control system, or any other technological control measure to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules. (4)   If the secretary requests, an online ticket marketplace must disclose to the secretary information about technology and security methods used in any alleged violation of paragraph (3)(f). Any information the secretary receives under this subsection, including information that is considered a trade secret, may be shared with the Attorney General, and any portion of the material which is considered a trade secret remains confidential pursuant to s. 119.0715. (5)   The secretary, or his or her designee, may enforce this section. Section 3. This act shall take effect July 1, 2025.