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