A significant aspect of HB 0355 is the preemption of local regulations pertaining to ticket sales and resales, which means that the state will have total authority over this area of commerce. This change prohibits local governments from imposing their own restrictions, aiming to create a uniform approach across Florida. Supporters of the bill argue that it protects a free market for ticket sales and enhances consumer protection by ensuring that details about ticket transactions are clear and accessible.
Summary
House Bill 0355 focuses on the resale of tickets in Florida, introducing amendments to existing laws governing ticket transactions. This legislation defines the terms surrounding original ticket sellers and outlines requirements for websites that facilitate ticket resales. Among these requirements, resellers may not charge more than $1 above the original ticket price on specific transactions. The bill also emphasizes the importance of transparency, mandating that website operators display essential disclosure information regarding their roles and refund policies prominently to potential purchasers.
Conclusion
Overall, HB 0355 aims to make ticket resale more equitable while granting the state overriding authority, which fosters a critical dialogue about the balance between state and local governance in consumer matters. If enacted, it is set to take effect on July 1, 2024, which emphasizes the urgency for stakeholders to adapt to the new regulatory environment.
Contention
The bill has sparked debates regarding consumer rights versus market freedom. Proponents see this legislation as a way to support fair trading practices and guard against exorbitant markups from resellers, while critics express concern that the lack of local regulation could result in insufficient protections for consumers. They argue that certain local conditions may need tailored regulations to address specific market demands effectively and safeguard community interests.
Enacts into law components of legislation that relate to live event ticket sales; establishes an annual professional reseller renewal fee; requires professional ticket resellers to provide their New York state ticket reseller license number as a condition of utilizing an online resale marketplace to resell tickets (Part A); provides criteria for when a purchaser may obtain a full refund of the amount paid for a ticket (Part B); relates to resale requirements for tickets; requires that if a licensee or other ticket reseller doesn't have possession of the ticket, then they shall have a written contract to obtain the offered ticket at a certain price from a person or entity in possession of the ticket or from a person or entity who has a contractual right to obtain such ticket, and tickets to the event have been placed on sale by the venue or entity hosting the event or its authorized agent before the licensee or reseller can advertise the sale of the tickets (Part C); relates to unlawful charges in connection with tickets; permits reasonable charges for costs actually rendered or otherwise in connection to customer support, technological and software infrastructure, and actual operational costs for sales away from the box office; defines terms (Part D); relates to the availability of tickets for sale to the general public; defines a term (Part E); relates to the resale of tickets included in a subscription or season ticket package (Part F); extends the effectiveness of certain provisions relating to tickets to places of entertainment (Part G).
Enacts into law components of legislation that relate to live event ticket sales; establishes an annual professional reseller renewal fee; requires professional ticket resellers to provide their New York state ticket reseller license number as a condition of utilizing an online resale marketplace to resell tickets (Part A); provides criteria for when a purchaser may obtain a full refund of the amount paid for a ticket (Part B); relates to resale requirements for tickets; requires that if a licensee or other ticket reseller doesn't have possession of the ticket, then they shall have a written contract to obtain the offered ticket at a certain price from a person or entity in possession of the ticket or from a person or entity who has a contractual right to obtain such ticket, and tickets to the event have been placed on sale by the venue or entity hosting the event or its authorized agent before the licensee or reseller can advertise the sale of the tickets (Part C); relates to unlawful charges in connection with tickets; permits reasonable charges for costs actually rendered or otherwise in connection to customer support, technological and software infrastructure, and actual operational costs for sales away from the box office; defines terms (Part D); relates to the availability of tickets for sale to the general public; defines a term (Part E); relates to the resale of tickets included in a subscription or season ticket package (Part F); extends the effectiveness of certain provisions relating to tickets to places of entertainment (Part G).