Florida Senate - 2023 SB 388 By Senator Bradley 6-00392A-23 2023388__ 1 A bill to be entitled 2 An act relating to resale of tickets; amending s. 3 817.36, F.S.; providing a definition; providing 4 requirements for websites of ticket resellers; 5 providing for the donation, transfer, and resale of 6 certain tickets; authorizing the original seller to 7 request certain information from subsequent ticket 8 holders; prohibiting the original ticket seller from 9 taking certain actions against a person who purchases 10 or resells a ticket; preempting regulation of the sale 11 or resale of tickets to the state; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1.Present subsections (1) through (6) of section 17 817.36, Florida Statutes, are redesignated as subsections (2) 18 through (7), respectively, paragraph (d) of present subsection 19 (1) and present subsection (4) are amended, and a new subsection 20 (1) and subsections (8), (9), and (10) are added to that 21 section, to read: 22 817.36Resale of tickets. 23 (1)As used in this section, the terms original ticket 24 seller and original seller mean the issuer of such ticket or 25 a person or firm that provides distribution services or ticket 26 sales services under a contract with such issuer. 27 (2)(1)A person or entity that offers for resale or resells 28 any ticket may charge only $1 above the admission price charged 29 therefor by the original ticket seller of the ticket for the 30 following transactions: 31 (d)The following information must be prominently displayed 32 on the homepage or ticket landing page before the purchase of 33 any tickets, other than the tickets in paragraph (a), paragraph 34 (b), or paragraph (c), that are resold or offered through an 35 Internet website, unless such website is authorized by the 36 original ticket seller or makes and posts the following 37 guarantees and disclosures through Internet web pages on which 38 are visibly posted, or links to web pages on which are posted, 39 text to which a prospective purchaser is directed before 40 completion of the resale transaction: 41 1.The website operator guarantees a full refund of the 42 amount paid for the ticket including any servicing, handling, or 43 processing fees, if such fees are not disclosed, when: 44 a.The ticketed event is canceled; 45 b.The purchaser is denied admission to the ticketed event, 46 unless such denial is due to the action or omission of the 47 purchaser; 48 c.The ticket is not delivered to the purchaser in the 49 manner requested and pursuant to any delivery guarantees made by 50 the reseller and such failure results in the purchasers 51 inability to attend the ticketed event. 52 2.The website operator discloses that it is not the 53 issuer, venue, original seller, or reseller of the ticket or 54 items and does not control the pricing of the ticket or items, 55 which may be resold for more than their original value. 56 (5)(4)A person or website operator who knowingly resells a 57 ticket or tickets in violation of this section is liable to the 58 state for a civil penalty equal to treble the amount of the 59 price for which the ticket or tickets were resold. 60 (8)Any tickets, other than the tickets in paragraph 61 (2)(a), paragraph (2)(b), or paragraph (2)(c), may be donated, 62 transferred, or resold via any method, or on any ticket 63 marketplace, of the ticket holders choosing. The transfer of a 64 ticket to a subsequent ticket holder shall not inhibit the 65 original sellers ability to request the legal name, e-mail 66 address, or telephone number from a subsequent ticket holder for 67 the sole purpose of venue security, provided the information 68 requested is not more detailed or extensive than that collected 69 at the original point of sale. The collection of data from a 70 subsequent ticket holder shall not be used to inhibit the 71 gifting, donation, transfer, or resale of a ticket. 72 (9)The original ticket seller may not penalize, 73 discriminate against, or deny access to an event to a person who 74 purchases or resells a ticket in a manner authorized by this 75 section. 76 (10)Regulation of the sale or resale of tickets is 77 preempted to the state. A county, municipal, or other local 78 ordinance or other regulation may not impose requirements, 79 restrictions, or conditions upon the sale or resale of tickets. 80 Section 2.This act shall take effect July 1, 2023.