SB 1024 — Ticket Websites

Florida Senate - 2018 CS for SB 1024 By Senatorthe HukillCommittee 14-01083-18on 20181024__Regulated AIndustries; bill to be entitled An act relating to ticket websites;

and Senator Hukill 580-03262-18 20181024c1 A bill to be entitled An act relating to ticket websites;

817.356,501.9735, F.S.;

providingdefining definitions;terms;

providing for construction;

specifying that certain entities are immune from liability under this act under certain circumstances;

911 Be It Enacted by the Legislature of the State of Florida:

1113 Section 1. Section 817.356,501.9735, Florida Statutes, is created to read:

817.356 Ticket501.9735 Ticket websites;

definitions;

rules;

(a) “Ticket website” means aan Internet website advertising the sale of tickets, offering the sale of tickets, or offering tickets for resale.resale to an event in this state.

(b) “URL”(b) “Venue” means aan website’sarena, uniformstadium, resourcetheater, locator.concert hall, or other place of exhibition or performance in this state.

(c) “Venue”(c) “Website operator” means ana arena,person stadium,owning, theater,operating, concertor hall,controlling ora otherticket placewebsite offor exhibitionan orevent performancescheduled at a venue in this state.

(d) “Website(2) A operator”website meansoperator may not sell a personticket owning,to operating,a orFlorida controllingresident through a ticket website forif the website operator has intentionally used an eventInternet scheduleddomain atname, aas venue.defined in s.

(2)(a) Except668.602, aswhich providedcontains inthe paragraphname (b),of athe websitevenue operatoror mayany notname intentionallysubstantially usesimilar anto Internetthe domainname name,of asthe definedvenue. in s.

668.602,This orsubsection anydoes subdomainnot thereofapply into a ticketwebsite website’soperator URLwho thatis containsauthorized anyby of the following:venue to act upon its behalf.

1. All(3) A orviolation partof this section is a deceptive and unfair trade practice and constitutes a violation of thepart nameII of thethis venue.chapter.

2. AllA orperson partwho ofviolates thethis namesection ofcommits thea exhibitiondeceptive orand performance,unfair includingtrade practice punishable by the namepenalties provided under part II of thethis personchapter, orand entityis scheduledsubject to performthe orenforcement appearof atremedies for the venue.violation as provided in part II of this chapter.

3. Any(4) This namesection substantiallyis similarsupplemental to those inprovisions subparagraphof 1.state or federal criminal or civil law which impose prohibitions or provide penalties, sanctions, or remedies against the same conduct prohibited by this section.

This section may not be construed to preclude the applicability of any other law that now applies, or subparagraphmay 2.in the future apply, to prohibit, penalize, or impose sanctions or remedies for any conduct that violates this section.

(b) Paragraph(5) A (a)newspaper doespublisher, notmagazine applyor toother publication, telephone directory or directory assistance service or its officer or agent, or the owner or operator of a websiteradio or television station, or any other owner or operator of a medium primarily devoted to advertising who publishes, broadcasts, or otherwise disseminates an advertisement in good faith without actual knowledge that such advertisement violates this section is authorizedimmune byfrom liability under this section for publishing the venueadvertisement tounless bethe actingowner uponor itsoperator behalf.of such medium is the website operator who has committed the act prohibited by this section.

(3) A website operator who violates subsection (2) is subject to a fine of up to $2,500 for each violation.