Florida Statute 817.36 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 817
FRAUDULENT PRACTICES

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F.S. 817.36

817.36 Resale of tickets.—

(1) A person or entity that offers for resale or resells any ticket may charge only $1 above the admission price charged therefor by the original ticket seller of the ticket for the following transactions:

(a) Passage or accommodations on any common carrier in this state. However, this paragraph does not apply to travel agencies that have an established place of business in this state and are required to pay state, county, and city occupational license taxes.

(b) Multiday or multievent tickets to a park or entertainment complex or to a concert, entertainment event, permanent exhibition, or recreational activity within such a park or complex, including an entertainment/resort complex as defined in s. 561.01(18).

(c) Event tickets originally issued by a charitable organization exempt from taxation under s. 501(c)(3) of the Internal Revenue Code for which no more than 3,000 tickets are issued per performance. The charitable organization must issue event tickets with the following statement conspicuously printed on the face or back of the ticket: “Pursuant to s. 817.36, Florida Statutes, this ticket may not be resold for more than $1 over the original admission price.” This paragraph does not apply to tickets issued or sold by a third party contractor ticketing services provider on behalf of a charitable organization otherwise included in this paragraph unless the required disclosure is printed on the ticket.

(d) Any tickets, other than the tickets in paragraph (a), paragraph (b), or paragraph (c), that are resold or offered through an Internet website, unless such website is authorized by the original ticket seller or makes and posts the following guarantees and disclosures through Internet web pages on which are visibly posted, or links to web pages on which are posted, text to which a prospective purchaser is directed before completion of the resale transaction:

1. The website operator guarantees a full refund of the amount paid for the ticket including any servicing, handling, or processing fees, if such fees are not disclosed, when:

a. The ticketed event is canceled;

b. The purchaser is denied admission to the ticketed event, unless such denial is due to the action or omission of the purchaser;

c. The ticket is not delivered to the purchaser in the manner requested and pursuant to any delivery guarantees made by the reseller and such failure results in the purchaser’s inability to attend the ticketed event.

2. The website operator discloses that it is not the issuer, original seller, or reseller of the ticket or items and does not control the pricing of the ticket or items, which may be resold for more than their original value.

(2) This section does not authorize any individual or entity to sell or purchase tickets at any price on property where an event is being held without the prior express written consent of the owner of the property.

(3) Any sales tax due for resales under this section shall be remitted to the Department of Revenue in accordance with s. 212.04.

(4) A person who knowingly resells a ticket or tickets in violation of this section is liable to the state for a civil penalty equal to treble the amount of the price for which the ticket or tickets were resold.

(5) A person who intentionally uses or sells software to circumvent on a ticket seller’s Internet website a security measure, an access control system, or any other control or measure that is used to ensure an equitable ticket-buying process is liable to the state for a civil penalty equal to treble the amount for which the ticket or tickets were sold.

(6) As used in this section, the term “software” means computer programs that are primarily designed or produced for the purpose of interfering with the operation of any person or entity that sells, over the Internet, tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind.

History.—ss. 1, 1a, ch. 22726, 1945; s. 868, ch. 71-136; s. 7, ch. 90-231; s. 9, ch. 95-314; s. 3, ch. 2006-105; s. 152, ch. 2007-5; s. 4, ch. 2009-179; s. 123, ch. 2010-5.

F.S. 817.36 on Google Scholar

F.S. 817.36 on Casetext

Amendments to 817.36

Arrestable Offenses / Crimes under Fla. Stat. 817.36

Level: Degree
Misdemeanor/Felony: First/Second/Third

S817.36 - FRAUD-SWINDLE - REPEALED 7-1-06. 2006-105 - M: S

S817.36 2 - FRAUD-SWINDLE - REPEALED 7-1-06. 2006-105 - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 817.36

Total Results: 13

State v. Rubio

Court: District Court of Appeal of Florida | Date Filed: 2005-12-30

Citation: 917 So. 2d 383, 2005 WL 3555898

Snippet: of cemetery lots or mausoleum space; promises), 817.36 (Resale of tickets of common carriers, places of

State v. Summerlot

Court: District Court of Appeal of Florida | Date Filed: 1998-04-22

Citation: 711 So. 2d 589, 1998 WL 186898

Snippet: concerning schemes to defraud (sections 817.035 and 817.036), neither of which required "communication."[2]

State v. Sobieck

Court: District Court of Appeal of Florida | Date Filed: 1997-09-26

Citation: 701 So. 2d 96, 1997 WL 593912

Snippet: of section 817.36(2)(a), and one for making a false statement in violation of section 817.36(2). Counts

State v. Nuckolls

Court: District Court of Appeal of Florida | Date Filed: 1996-06-14

Citation: 677 So. 2d 12, 1996 WL 324661

Snippet: Fla.Stat. [2] § 895.03(4), Fla.Stat. [3] § 817.036, Fla.Stat. [4] § 812.014(2), Fla.Stat. [5] §

State v. Nuckolls

Court: District Court of Appeal of Florida | Date Filed: 1993-03-19

Citation: 617 So. 2d 724, 1993 Fla. App. LEXIS 3001, 1993 WL 74943

Snippet: felony, to-wit: Organized Scheme to Defraud, F.S. 817.036(1), Notary Fraud, F.S. 117.09(2), Grand Theft,

Winokur v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-08-05

Citation: 605 So. 2d 100, 1992 WL 183983

Snippet: however, the organized fraud statute, section 817.036, was not in effect between October 1, 1987 and

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-10-02

Citation: 592 So. 2d 258, 1991 Fla. App. LEXIS 9982, 1991 WL 193345

Snippet: crimes as they relate to the repeal of section 817.036, Florida Statutes (1978), effective October 1,

Grover v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-06-19

Citation: 581 So. 2d 1379, 1991 WL 104654

Snippet: organized fraud as proscribed by *1383 section 817.036, Florida Statutes[3], alleging in material part:

Longo v. State

Court: District Court of Appeal of Florida | Date Filed: 1991-05-01

Citation: 580 So. 2d 212, 1991 WL 65937

Snippet: organized fraud under section 817.036, Florida Statutes (1983), which provided: 817.036 Organized fraud defined;

Singh v. State

Court: District Court of Appeal of Florida | Date Filed: 1989-07-05

Citation: 545 So. 2d 517, 14 Fla. L. Weekly 1627, 1989 Fla. App. LEXIS 3759, 1989 WL 74063

Snippet: conviction and sentences for (1) organized fraud [§ 817.036, Fla.Stat. (1985) ], (2) first-degree grand theft

Kilpatrick v. Oliff

Court: District Court of Appeal of Florida | Date Filed: 1987-09-17

Citation: 519 So. 2d 9, 12 Fla. L. Weekly 2263, 1987 Fla. App. LEXIS 10317, 1987 WL 686

Snippet: count of organized fraud in violation of section 817.036 Fla. Stat., and two counts of sale of unregistered

Jaffe v. Sanders

Court: District Court of Appeal of Florida | Date Filed: 1984-12-27

Citation: 463 So. 2d 318, 10 Fla. L. Weekly 70

Snippet: offense of organized fraud as proscribed by section 817.036, Florida Statutes (1981), it being alleged that

State v. La Pointe

Court: District Court of Appeal of Florida | Date Filed: 1977-04-19

Citation: 345 So. 2d 362, 1977 Fla. App. LEXIS 15807

Snippet: charged therefor by the original seller [Section 817.-36 Florida Statutes 1975], that fact should be considered