The legality of reselling tickets in Florida depends on the specific circumstances. There are some general rules that apply, but exceptions exist in certain cases. Understanding the basics can help resellers avoid running afoul of Florida law.
Is it legal to resell tickets in Florida?
In general, reselling tickets in Florida is legal as long as some basic rules are followed:
– The tickets cannot be resold above their face value price. Reselling tickets above face value is illegal under Florida’s anti-scalping law.
– The venue must allow ticket resales. Many venues prohibit ticket resales as a condition of purchase. Reselling tickets could breach the contract terms.
– Resellers must comply with applicable license requirements. Some local jurisdictions require resellers to obtain business licenses.
– Any required disclosures must be made to buyers. Resellers may need to disclose that tickets were originally purchased from a season ticket holder, for example.
So in summary, ticket reselling is allowed if done legally and ethically. But price gouging above face value and breaching venue policies are not permitted.
Are there limits on what price tickets can be resold for in Florida?
Yes, Florida law sets a maximum resale price for many types of tickets. Under the state’s anti-scalping law, most tickets cannot be resold for more than $1 above face value, plus lawful taxes and service charges.
This price cap applies to tickets for:
– Sporting events
– Concerts
– Theater performances
– Museums
– Theme parks
– Any other entertainment event held in a facility with a seating capacity over 3,000 people
There are some exceptions. Tickets acquired through fan clubs, season tickets, group sales, and corporate sponsorships can typically be sold above face value.
Exceeding the price limit is a second-degree misdemeanor in Florida. Fines up to $500 and up to 60 days imprisonment can be imposed.
What are the penalties for violating Florida’s ticket resale laws?
The penalties for violating Florida’s ticket resale laws depend on the specific offense:
– Resale price violations above the allowed $1 over face value maximum are a second-degree misdemeanor, punishable by up to 60 days imprisonment and a $500 fine.
– Breaching ticket purchase terms and conditions imposed by a venue can potentially be pursued as breach of contract, with civil remedies like damages.
– Failure to obtain required local business licenses can lead to fines and license suspension or revocation.
– Deceptive and unfair trade practices violating Florida consumer protection laws can trigger civil penalties up to $10,000 per willful violation.
In addition to criminal fines and civil penalties, violations may also subject resellers to private causes of action. For example, a venue could sue over breach of contract for violation of a non-transferrable ticket policy.
Do ticket resellers need a license to operate in Florida?
There is no statewide reseller license requirement in Florida. However, many local governments do require resellers to obtain business licenses and pay certain taxes and fees.
For example, resellers in Miami-Dade County must obtain a ticket reseller license. The City of Orlando requires a business license for resellers operating there. And Hillsborough County (Tampa) requires ticket brokers to register with the Department of Consumer and Industry Services.
Resellers should thoroughly check licensing rules for any locality where they plan to do business. Unlicensed activity can result in citations, cease and desist orders, and revocation of any existing local business licenses.
Do Florida’s ticket resale laws apply to online sales?
Yes, Florida’s anti-scalping law and other ticket resale rules apply even when sales take place online. Resellers based outside Florida must still comply when selling tickets to events within the state.
The federal BOTS Act also supplements Florida law by prohibiting the use of ticket buying software to unfairly obtain event tickets. Violations are punishable by civil penalties up to $16,000 per violation.
Resellers cannot circumvent Florida’s ticket resale restrictions by using the internet, social media, Craigslist, eBay, or other online platforms. Legal compliance applies no matter what method is used to sell tickets.
Can ticket brokers get around Florida’s resale laws by calling their fees “service charges”?
No, Florida law prohibits ticket resellers from evading the ticket pricing rules by disguising added fees and markups as “service charges.”
Under the law, the maximum resale price is defined as the face value plus lawful taxes and service charges imposed by the primary seller or vendor. Resellers cannot add their own fees on top and claim they are “service charges.”
Courts have affirmed this interpretation when resellers tried justifying large markups by labeling them as fees. Simply calling a fee a service charge does not make it lawful under Florida statutes.
Do Florida’s ticket resale laws allow transfers between friends and family?
Yes, Florida’s laws target professional resellers and scalpers, not occasional transfers between individuals. There are no restrictions against things like:
– Giving unused tickets to friends and family
– Selling extra tickets to coworkers at face value
– Donating tickets to charity fundraisers
The laws only apply when engaged in the regular business of ticket resales. Casual transactions are generally exempt.
However, any ticket transfer restrictions imposed by venues would still apply. For example, if tickets say non-transferrable, giving them away could breach the terms.
Is it legal to sell Florida resident discounts or promotions?
No. Reselling tickets obtained through Florida resident discounts and promotions is illegal under the state’s anti-scalping law.
Venues, theme parks, and entertainment attractions often offer special Florida resident ticket prices and promotions. These reduced rates are meant only for actual in-state residents as a benefit for living there.
It is unlawful for any person to resell tickets they purchased under a Florida resident discount. Doing so takes advantage of the special pricing in an unethical manner.
Can venues prohibit resales of tickets?
Yes, venue operators can prohibit the resale of tickets through conditions and restrictions imposed at the time of initial purchase. Florida law allows venues to make tickets non-transferable to try preventing scalping and unfair speculation.
If a ticket states it is non-transferrable, the purchaser agrees not to resell it. Doing so would breach the terms and could enable the venue to cancel the tickets or pursue the reseller for damages.
Venues may also prohibit ticket resales by season ticket holders and other bulk purchasers through similar restrictive terms. Reselling the tickets would violate the purchase agreement.
Do Florida’s ticket resale laws apply to non-profit fundraisers?
No, there is an exemption under Florida law for certain non-profit entities reselling tickets as a fundraiser.
Non-profit religious, charitable, fraternal, civic, educational, or veterans organizations can obtain tickets and resell them above face value. The exemption allows them to keep the profits as fundraising income.
These non-profits must be tax exempt under section 501(c)(3), (4), (7), (8), (10) or (19) of the Internal Revenue Code. They can generally resell tickets donated by others or purchased directly from venues and event organizers.
The non-profit exemption allows groups to raise funds through ticket resales without violating scalping laws.
Can artists, teams, and venues void tickets resold against their policies?
Yes, tickets resold in violation of stated policies can potentially be voided and denied entry by the artist, team, or venue.
Florida law allows venues to impose restrictions against ticket transfers and resales. If a reseller breaches those conditions, the tickets they are reselling can legally be rendered null and void.
For example, if an NFL team prohibits season ticket resales, it can void any season tickets resold on the secondary market in violation of the policy.
Artists like Bruce Springsteen have invalidated tickets resold through unauthorized channels as well. Fans should carefully check the validity of secondary tickets given the risk they could be voided.
Do other states have similar ticket resale laws?
Yes, many other states have enacted their own ticket resale laws:
State | Key Ticket Resale Restrictions |
New York | – Cannot resell for more than 45% above face value |
Illinois | – Maximum resale price of $5 above face value for sporting events at venues over 17,000 seats |
Michigan | – Can only resell tickets at face value or below |
Pennsylvania | – Resellers must be licensed and cannot charge over 25% above face value |
California | – Reselling specs above face value prohibited without consent of issuer |
Many states also have BOTS Acts banning ticket buying software often used by resellers. The rules vary but commonly address concerns like price gouging and unauthorized transfers.
Conclusion
Reselling tickets is generally legal in Florida but subject to consumer protection limitations. While some resales are permitted, major restrictions prohibit gouging customers above face value without proper disclosures and licenses.
Florida’s anti-scalping law caps resale prices at $1 above face value for many events. Other key rules include licensing requirements, bans on reselling resident promotions, and exemptions for certain non-profits.
With strict penalties and aggressive enforcement, resellers must closely follow all state and local ticket resale regulations. Prudent resellers in Florida understand their legal obligations and avoid unlawful conduct that could subject them to substantial civil fines and criminal charges.