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Florida Law on Resale of Concert Tickets

The issue of concert ticket resale in Florida has been a topic of much debate since 2006, when then-Governor Jeb Bush struck down a long-standing ban on the resale of admission tickets to concerts and many other types of events. This action created a secondary free market where concert tickets could be resold at nearly any price, with very little regulation. Democratic House Minority Leader Dan Gelber--apparently frustrated when tickets to a Hannah Montana concert in Florida seemed to be available only on the secondary market, with prices reaching into the thousands of dollars--brought the issue back to the Florida Legislature for further discussion in 2008.

  1. Time Frame

    • Then-Governor Jeb Bush struck down the ban against ticket resales in 2006. Democratic House Minority Leader Dan Gelber brought the issue back to the Florida Legislature for further discussion in 2008, and in June 2009, Governor Charlie Crist signed HB574 into law, which placed new regulatory guidelines and rules into effect.

    Refunds

    • Internet ticket brokers must offer a full refund, including all service and processing fees, in cases where the event is canceled; the ticket holder, through no fault of his own, is denied admission to the event; or the ticket does not arrive in time for the purchaser to attend the event.

    Location

    • The resale of concert tickets is strictly prohibited on the property where the event is scheduled to occur. This rule is typically displayed around concert venues and is monitored by venue private security or local police.

    "Bot" Software

    • Florida law prohibits the manufacture, sale or use of computer software that allows the user to circumvent reseller limitations or rules. This type of software is typically used by ticket brokers to purchase large blocks of tickets, bypassing any limits or restrictions imposed by the seller. Before the changes in 2009, brokers with "bot" software could control tickets sales to some events, as was the case with the previously mentioned Hannah Montana concert tour.

    Considerations

    • The resale of tickets to any non-profit organization or charity event, where less than 3,000 tickets per performance are offered, can be restricted to a price of no more than $1 over face value if this information is printed on the ticket. This restriction does not apply if the ticket is issued or sold via a third-party contractor such as Ticketmaster (unless this restriction is noted on the ticket).

    Warning

    • Any person who resells a ticket in violation of the prohibitions outlined by current law is guilty of a second-degree misdemeanor and is liable to the state for a civil penalty equal to triple the amount for which the ticket or tickets were sold.

    Resale Tax

    • According to Florida tax law, ticket resellers must pay sales tax on the portion of the resale price which exceeds the original ticket sale price.

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