Amendment
Bill No. 1193
Amendment No. 192885
CHAMBER ACTION
Senate House
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1Representative Rivera offered the following:
2
3     Amendment
4     Remove lines 30-148 and insert:
5     (2)  LEGISLATIVE INTENT.--The Legislature finds that there
6are increased safety concerns associated with transportation
7between this state and terrorist states and that travel to
8terrorist states raises issues related to security and to the
9prevention of and response to possible terrorist acts.  The
10Legislature further finds that persons or entities who transport
11persons to terrorist states may directly impact the economic
12stability and public security of this state.  Therefore, it is
13the intent of the Legislature to offset costs related to
14transportation to terrorist states that originates in this
15state.  It is not the intent of the Legislature, through the
16enactment of this section, to impact the official business of
17government employees or the duties of any personnel of the
18United States Armed Services, nor to regulate academic freedom
19or academic program content.
20     (3)  DEFINITIONS.--As used in this section:
21     (a)  "Terrorist state" means any state, country, or nation
22presently deemed a state sponsor of terrorism by the United
23States Department of State.  For the purposes of this act, the
24Department of Revenue shall be charged with the duty of
25documenting those states or nations identified as state sponsors
26of terrorism by the United States Department of State, shall
27specify in rule those states or nations deemed state sponsors of
28terrorism by the United States Department of State, and shall
29annually update the list of states or nations designated as
30state sponsors of terrorism according to the most current list
31of state sponsors of terrorism compiled by the United States
32Department of State.
33     (b)  "Assessable transaction or incident" means payment by
34a passenger for travel on a charter vessel.
35     (c)  "Charter aircraft" means any form of aircraft hired
36for exclusive temporary use by a single traveler or group of
37travelers.
38     (d)  "Charter transportation" means travel via charter
39aircraft or charter vessel when such aircraft or vessel is hired
40for exclusive temporary use by a single traveler or group of
41travelers.
42     (e)  "Charter vessel" means any form of watercraft hired
43for exclusive temporary use by a single traveler or group of
44travelers.
45     (f)  "Directly carries or transports" means to conduct a
46single continuous charter flight or charter vessel voyage that
47originates from any location in this state and arrives in a
48terrorist state identified pursuant to paragraph(a).  For
49purposes of this definition, temporary stops of less than 8
50hours shall not disqualify a charter flight or charter vessel
51voyage from being considered a continuous flight or voyage.
52     (4)  SECURITY ASSESSMENT.--
53     (a)  It is the intent of the Legislature that every person
54or entity who directly transports persons via charter aircraft
55or charter vessel from this state to a terrorist state is
56exercising an assessable privilege.
57     (b)1.  For exercising such privilege, a security assessment
58is levied on charter aircraft on each takeoff at the rate of
59$100, irrespective of the charter aircraft size, plus $0.04 per
60thousand pounds of landed aircraft weight.
61     2.  For charter vessels exercising such privilege, a
62security assessment is levied on each assessable transaction or
63incident, which assessment is due and payable at the rate of 10
64percent on the total consideration received or to be received by
65any person for performing such service.
66     (c)  Such security assessment shall be in addition to the
67total amount of the consideration for the service, shall be
68charged by the person receiving such consideration, and shall be
69payable by such person at the time he or she receives such
70consideration. Such person shall remit the assessment to the
71Department of Revenue. Payment of the assessment shall be
72accompanied by a form to be prescribed by the department. The
73proceeds of the security assessment, less administrative costs,
74shall be transferred by the Department of Revenue into the State
75Homeland Security Trust Fund.  For the purposes of this section,
76"proceeds of the security assessment" means all funds collected
77and received by the department hereunder, including interest and
78penalties on delinquent assessments.  The amount deducted for
79the costs of administration must not exceed 3 percent of the
80total revenues collected hereunder and may include only those
81costs reasonably attributable to the assessment.
82     (d)  This security assessment is in addition to other taxes
83or assessments, whether levied in the form of excise, license,
84or privilege taxes, and is in addition to all other fees and
85taxes levied.
86     (e)  The Department of Revenue shall administer, collect,
87and enforce the security assessment authorized under this
88section pursuant to the same procedures used in the
89administration, collection, and enforcement of the general state
90sales tax imposed under chapter 212, except as provided in this
91section.  The provisions of chapter 212 regarding the authority
92to audit and make assessments, keeping of books and records, and
93interest and penalties on delinquent fees apply.  The assessment
94shall not be included in the computation of estimated taxes
95pursuant to s. 212.11, nor shall the dealer's credit for
96collecting taxes or fees in s. 212.12 apply to this assessment.
97     (5)  MANDATORY TRAVEL INFORMATION.--Any university or
98community college within the State University System or the
99Florida Community College System that organizes or directs the
100organization of a cultural or educational trip utilizing charter
101transportation to any terrorist state shall provide the
102Department of Education, no later than 30 days after the
103completion of such trip, the following information:
104     (a)  A report specifying:
105     1. The number of degree-seeking students and nondegree-
106seeking students participating in the trip.
107     2. The number of employees of the university or community
108college and the number of persons not employed by the university
109or community college participating in the trip.
110     (b)  A detailed itinerary of the trip being organized,
111including hotel and restaurant accommodations, planned
112excursions, and scheduled meetings with governmental
113authorities.
114     (c)  A complete accounting of all costs associated with the
115trip and a complete accounting of the use or deposit of all
116moneys received in payment for the trip.
117     (d)  The certificates of incorporation of any entity or
118entities contracted to organize or facilitate the trip.
119


CODING: Words stricken are deletions; words underlined are additions.