HB 0605

1	A bill to be entitled
2	An act relating to travel to and commerce with terrorist
3	nations; creating s. 288.857, F.S.; creating the "Travel
4	To and Commerce With Terrorist Nations Act"; providing a
5	popular name; providing legislative intent; providing
6	definitions; providing for the levy of a security
7	assessment on charter transportation for trips originating
8	in this state and arriving in an identified terrorist
9	nation; providing for the rate of the assessment;
10	providing requirements and procedures with respect
11	thereto; requiring any university or community college
12	within the State University System or the Florida
13	Community College System that organizes or directs the
14	organization of a cultural or educational trip utilizing
15	charter transportation to any terrorist nation to provide
16	the Department of Education with specified information;
17	providing standards for disqualification from
18	participation in specific programs and services
19	administered by the state for residents who engage in
20	travel to terrorist nations; providing for the
21	reallocation of state funds derived as a result of the
22	denial or discontinuance of benefits from such programs;
23	requiring the Department of Agriculture and Consumer
24	Services to develop a terrorist travel disclosure form;
25	providing for contents of the form; providing requirements
26	with respect to completion and submission of such form;
27	providing for an administrative processing assessment;
28	providing for calculation and deposit of such assessment;
29	requiring the department to create, operate, and maintain
30	a database for the collection of information contained in
31	such forms; providing for utilization of the database by
32	state agencies; requiring the Department of Children and
33	Family Services to monitor the database for specified
34	compliance; requiring the Department of Children and
35	Family Services to include a terrorist travel waiver form
36	with specified applications for assistance; providing for
37	contents of the form; providing for a state surcharge on
38	the trade and shipment of cattle to any terrorist nation;
39	providing for utilization of funds derived from the
40	terrorist commerce surcharge; requiring a report;
41	providing a fine for violation of the act; specifying
42	exemptions to the act; providing for the adoption of
43	rules; providing for the adoption of emergency rules;
44	providing that emergency rules shall remain in effect for
45	a specified period; providing severability; providing an
46	effective date.
47
48	Be It Enacted by the Legislature of the State of Florida:
49
50	Section 1.  Section 288.857, Florida Statutes, is created
51	to read:
52	288.857  Travel To and Commerce With Terrorist Nations
53	Act.--
54	(1)  POPULAR NAME.--This act may be cited as the "Travel To
55	and Commerce With Terrorist Nations Act."
56	(2)  LEGISLATIVE INTENT.--The Legislature finds that travel
57	to and commerce with nations designated by the United States
58	Department of State as purveyors of state-sponsored terrorism
59	serves to subsidize the terrorist activities which caused these
60	nations to be placed on the United States Department of State
61	list of terrorist nations. The Legislature finds that there are
62	increased safety concerns associated with transportation between
63	this state and terrorist nations and that travel to terrorist
64	nations raises issues related to security and to the prevention
65	of and response to possible terrorist acts. The Legislature
66	further finds that persons or entities who transport persons to
67	terrorist nations may directly impact the economic stability and
68	public security of this state. Therefore, it is the intent of
69	the Legislature to offset costs related to transportation to
70	terrorist nations that originates in this state. The Legislature
71	finds that certain Florida residents who avail themselves of
72	programs and services administered by the State of Florida are
73	currently engaging in travel and commerce activities that
74	subsidize terrorist nations. In an effort to minimize potential
75	subsidies to terrorist nations for terrorist activities, as well
76	as to combat fraud and abuse in certain programs and services
77	administered by state government, the Legislature further finds
78	that Florida residents who engage in travel and commerce
79	activities that benefit terrorist nations should be ineligible
80	for certain programs and services administered by state
81	government. The Legislature finds that protecting the
82	agricultural interests of the state can be served by
83	implementing a surcharge on specific agricultural commerce with
84	terrorist nations. Therefore, it is the intent of the
85	Legislature through the passage of this act to discourage
86	Florida residents, particularly those benefiting from the
87	receipt of public funds, from participating in travel and
88	commerce activities that serve to benefit terrorist nations
89	financially, and to further the agricultural and homeland
90	security interests of the state. It is further the intent of the
91	Legislature that any savings or revenues generated as a result
92	of this act be utilized for critical state priorities such as
93	enhancing homeland security, providing the elderly with
94	nutrition programs, eradicating citrus canker, and improving
95	agricultural harvesting techniques. It is not the intent of the
96	Legislature, through the enactment of this act, to impact the
97	official business of government employees or the duties of any
98	personnel of the United States Armed Services, nor to regulate
99	academic freedom or academic program content.
100	(3)  DEFINITIONS.--As used in this act:
101	(a)  "Terrorist nation" means any state, country, or nation
102	presently deemed a state sponsor of terrorism by the United
103	States Department of State. For the purposes of this act, the
104	Department of Revenue shall be charged with the duty of
105	documenting those states or nations identified as state sponsors
106	of terrorism by the United States Department of State, shall
107	specify in rule those states or nations designated state
108	sponsors of terrorism by the United States Department of State,
109	and shall annually update the list of states or nations
110	designated as state sponsors of terrorism according to the most
111	current list of state sponsors of terrorism compiled by the
112	United States Department of State.
113	(b)  "Assessable transaction or incident" means payment by
114	a passenger for travel on a charter vessel.
115	(c)  "Charter aircraft" means any form of aircraft hired
116	for exclusive temporary use by a single traveler or group of
117	travelers.
118	(d)  "Charter transportation" means travel via charter
119	aircraft or charter vessel when such aircraft or vessel is hired
120	for exclusive temporary use by a single traveler or group of
121	travelers.
122	(e)  "Charter vessel" means any form of watercraft hired
123	for exclusive temporary use by a single traveler or group of
124	travelers.
125	(f)  "Directly carries or transports" means to conduct a
126	single continuous charter flight or charter vessel voyage that
127	originates from any location in this state and arrives in a
128	terrorist nation identified pursuant to paragraph(a). For
129	purposes of this definition, temporary stops of less than 8
130	hours shall not disqualify a charter flight or charter vessel
131	voyage from being considered a continuous flight or voyage.
132	(4)  SECURITY ASSESSMENT.--
133	(a)  It is the intent of the Legislature that every person
134	or entity who directly transports persons via charter aircraft
135	or charter vessel from this state to a terrorist nation is
136	exercising an assessable privilege.
137	(b)1.  For exercising such privilege, a security assessment
138	is levied on charter aircraft on each takeoff at the rate of
139	$100, irrespective of the charter aircraft size, plus an
140	additional charge of $0.04 per pound of the aircraft's maximum
141	takeoff weight as specified by the aircraft manufacturer. Each
142	such charter company is charged with the responsibility of
143	keeping adequate books and records that will establish chartered
144	flights and destinations.
145	2.  For charter vessels exercising such privilege, a
146	security assessment is levied on each assessable transaction or
147	incident, which assessment is due and payable at the rate of 10
148	percent on the total consideration received or to be received by
149	any person for performing such service. Such security assessment
150	shall be in addition to the total amount of the consideration
151	for the service, shall be charged by the person receiving such
152	consideration, and shall be payable by such person at the time
153	he or she receives such consideration.
154	(c)  Any person or entity that directly transports persons
155	via charter aircraft or vessel from this state to a terrorist
156	nation shall remit the assessment to the Department of Revenue
157	in a manner prescribed by the department. The proceeds of the
158	security assessment, less administrative costs, shall be
159	transferred by the Department of Revenue into the State Homeland
160	Security Trust Fund. For the purposes of this act, "proceeds of
161	the security assessment" means all funds collected and received
162	by the department hereunder, including interest and penalties on
163	delinquent assessments. The amount deducted for the costs of
164	administration must not exceed 3 percent of the total revenues
165	collected hereunder and may include only those costs reasonably
166	attributable to the assessment.
167	(d)  This security assessment is in addition to other taxes
168	or assessments, whether levied in the form of excise, license,
169	or privilege taxes, and is in addition to all other fees and
170	taxes levied.
171	(e)  The Department of Revenue shall administer, collect,
172	and enforce the security assessment authorized under this act
173	pursuant to the same procedures used in the administration,
174	collection, and enforcement of the general state sales tax
175	imposed under chapter 212, except as provided in this act. The
176	provisions of chapter 212 regarding the authority to audit and
177	make assessments, keeping of books and records, and interest and
178	penalties on delinquent assessments apply. The assessment shall
179	not be included in the computation of estimated taxes pursuant
180	to s. 212.11, nor shall the dealer's credit for collecting taxes
181	or fees in s. 212.12 apply to this assessment.
182	(5)  MANDATORY TRAVEL INFORMATION.--Any university or
183	community college within the State University System or the
184	Florida Community College System that organizes or directs the
185	organization of a cultural or educational trip utilizing charter
186	transportation to any terrorist nation shall provide the
187	Department of Education, no later than 30 days after the
188	completion of such trip, with the following information:
189	(a)  A report specifying:
190	1.  The number of degree-seeking students and nondegree-
191	seeking students participating in the trip.
192	2.  The number of employees of the university or community
193	college and the number of persons not employed by the university
194	or community college participating in the trip.
195	(b)  A detailed itinerary of the trip being organized,
196	including hotel and restaurant accommodations, planned
197	excursions, and scheduled meetings with governmental authorities
198	or individuals or organizations not affiliated with the
199	government of the host nation.
200	(c)  A complete accounting of all costs associated with the
201	trip and a complete accounting of the use or deposit of all
202	moneys received in payment for the trip.
203	(d)  The certificates of incorporation of any entity or
204	entities contracted to organize or facilitate the trip.
205	(e)  A statement confirming adherence to all provisions of
206	the United States Department of Treasury Cuban Assets Control
207	Regulations, 31 C.F.R. s. 515.536.
208	(6)  PROGRAM ELIGIBILITY DISQUALIFICATION.--Effective
209	January 1, 2006, any Florida resident between 18 and 65 years of
210	age, inclusive, who has established permanent residency in
211	Florida for less than 5 years, and who has not been determined
212	by the Florida Medicaid program to be either disabled or
213	pregnant, regardless of immigration or citizenship status, is
214	ineligible to participate in the Refugee Resettlement Program
215	under Title IV of the Immigration and Nationality Act, the
216	Refugee Cash Assistance program under 45 C.F.R. part 400, or the
217	Refugee Medical Assistance program under 45 C.F.R. part 400, as
218	administered by the State of Florida and the Florida Department
219	of Children and Family Services, and will be ineligible to
220	receive Medicaid or food stamp benefits, as administered by the
221	State of Florida and the Florida Department of Children and
222	Family Services, for a minimum period of 1 year or until the
223	person's 5-year Florida residency threshold is reached,
224	whichever is greater, upon a determination by the Florida
225	Department of Children and Family Services that the individual
226	has traveled to a terrorist nation as defined by the United
227	States Department of State.
228	(7)  UTILIZATION OF STATE FUNDING.--Effective January 1,
229	2006, all state funds derived as a result of the denial or
230	discontinuance of benefits under this act shall be redirected to
231	the Department of Elderly Affairs for elderly nutrition
232	programs. No funds derived under this act may be used to replace
233	existing funding for and access to programs to which funds are
234	redirected. All funds secured under this act are intended to
235	expand funding for and access to the programs to which funds are
236	redirected.
237	(8)  TERRORIST TRAVEL DISCLOSURE FORM.--
238	(a)  The Department of Department of Agriculture and
239	Consumer Services shall develop a disclosure form to be entitled
240	the "Terrorist Travel Disclosure Form." The form shall inform a
241	Florida resident seeking to travel to an identified terrorist
242	nation of the disqualification from eligibility for the programs
243	and services cited in subsection (6) that will result from such
244	travel. The Terrorist Travel Disclosure Form shall include the
245	name, mailing address, social security number or alien resident
246	number, date of birth, place of birth, date on which Florida
247	residency was established, telephone number and signature of the
248	individual requesting travel services to a terrorist nation, and
249	shall contain a sworn statement attesting to the validity of the
250	application.
251	(b)  Effective January 1, 2006, all persons and
252	corporations subject to the jurisdiction of the State of Florida
253	who are authorized by the Office of Foreign Assets Control,
254	United States Department of the Treasury, to provide terrorist
255	nation-related travel services to qualifying individuals must,
256	no later than 15 days after travel has commenced, submit to the
257	Florida Department of Department of Agriculture and Consumer
258	Services a completed terrorist travel disclosure form. The
259	Department of Agriculture and Consumer Services shall assess on
260	a yearly basis all persons and corporations subject to the
261	jurisdiction of the State of Florida who are authorized by the
262	Office of Foreign Assets Control, United States Department of
263	the Treasury, to provide terrorist nation-related travel
264	services. Such yearly assessment shall be at a level sufficient
265	to fulfill the cost associated with administering this
266	regulation. The yearly assessment shall be calculated by
267	dividing the total administrative cost by the number of
268	current/active and delinquent/active terrorist nation-related
269	travel service providers. Such administrative processing
270	assessment shall be deposited in the General Revenue Fund.
271	(9)  TERRORIST NATIONS TRAVEL DATABASE.--No later than
272	January 1, 2006, the Department of Department of Agriculture and
273	Consumer Services shall create, operate, and maintain a
274	Terrorist Nations Travel Database wherein information contained
275	in terrorist travel disclosure forms and received from
276	authorized travel service providers shall be input and
277	maintained. The database shall be available to any state agency
278	responsible for determining eligibility or the continuation of
279	eligibility for the Refugee Resettlement Program, the Refugee
280	Cash Assistance program, the Refugee Medical Assistance program,
281	Medicaid, or the food stamp program, and for informing program
282	recipients subject to this act of the termination of their
283	eligibility for such programs. The Department of Children and
284	Family Services shall monitor the Terrorist Nations Travel
285	Database on a monthly basis to ensure the compliance of benefit
286	recipients under the Refugee Resettlement Program, the Refugee
287	Cash Assistance program, the Refugee Medical Assistance program,
288	Medicaid, or the food stamp program with the eligibility
289	criteria established in subsection (6).
290	(10)  DISCLOSURE OF ELIGIBILITY REQUIREMENTS; PENALTY FOR
291	NONCOMPLIANCE.--No later than January 1, 2006, the Department of
292	Children and Family Services shall include a terrorist travel
293	waiver form in all "Request for Assistance" application packets
294	that include Temporary Cash Assistance, food stamps, and
295	Medicaid for all applicants under the Refugee Resettlement
296	Program administered by the State of Florida. The terrorist
297	travel waiver form shall inform prospective applicants of the
298	disqualification from eligibility for such programs and the
299	penalties for noncompliance that will result from travel to
300	terrorist countries. The terrorist travel waiver form shall
301	include a sworn statement and agreement, under penalty of
302	perjury, by the benefits applicant that he or she will inform
303	the Department of Children and Family Services of any travel or
304	intention to travel to a terrorist nation while receiving
305	benefits covered under the Refugee Resettlement Program, the
306	food stamp program, or the Medicaid program. Any Refugee
307	Resettlement Program recipients found to be in violation of the
308	eligibility requirements associated with travel to terrorist
309	nations and who meet the criteria established in subsection (6)
310	shall be ineligible for the Refugee Cash Assistance program, the
311	Refugee Medical Assistance program, Medicaid, and the food stamp
312	program, as administered by the State of Florida, for an
313	indefinite period.
314	(11)  TERRORIST COMMERCE SURCHARGE; UTILIZATION OF
315	FUNDS.--No later than January 1, 2006, the Department of
316	Agriculture and Consumer Services shall levy a 10-percent
317	terrorist commerce surcharge on the final sale price of any beef
318	or dairy cattle transshipped from any Florida airport or seaport
319	for sale to any terrorist nation, including, but not limited to,
320	Brangus, Brafords, Brahma, Hereford, Beef Masters, and Black
321	Angus cow and cattle varieties. Funds derived from the surcharge
322	shall be allocated to the Institute of Food and Agricultural
323	Sciences of the University of Florida for utilization in the
324	Citrus Canker Genome Project and the Citrus Abscission and
325	Mechanical Harvest Project.
326	(12)  IMPLEMENTATION REQUIREMENTS.--No later than July 1,
327	2006, the Department of Children and Family Services, the
328	Department of Elderly Affairs, the Agency for Health Care
329	Administration, and the Department of Agriculture and Consumer
330	Services shall submit a report to the Legislature describing the
331	actions necessary to implement this act. The report shall
332	include written comments from the agencies' federal counterparts
333	as to any requirements necessary to implement the act, including
334	but not limited to, securing any federal waivers, and
335	recommended action to be taken by the respective agencies,
336	including any fiscal notes.
337	(13)  PENALTY.--Any entity providing travel services in
338	violation of any provision of this act shall be subject to a
339	fine in the amount of $10,000 per violation to be imposed by the
340	Department of Department of Agriculture and Consumer Services.
341	(14)  EXEMPTIONS.--The provisions of this act shall not
342	apply to:
343	(a)  Any person operating by contract with a federal
344	authority or an authority of the State of Florida.
345	(b)  Any person in performance of active military duty.
346	(c)  Any person employed with the Federal Government in the
347	performance of his or her official duties.
348	(15)  RULEMAKING AUTHORITY.--The Department of Education
349	and the Department of Revenue may adopt rules necessary to
350	administer this act. The Executive Director of the Department of
351	Revenue is authorized, and all conditions are deemed met, to
352	adopt emergency rules under ss. 120.536(1) and 120.54(4) to
353	implement this act. Notwithstanding any other provision of law,
354	such emergency rules shall remain in effect for 6 months after
355	the date of adoption and may be renewed during the pendency of
356	procedures to adopt rules addressing the subject of the
357	emergency rules.
358	Section 2.  If any provision of this act or its application
359	to any person or circumstance is held invalid, the invalidity
360	does not affect other provisions or applications of the act
361	which can be given effect without the invalid provision or
362	application, and to this end the provisions of this act are
363	severable.
364	Section 3.  This act shall take effect upon becoming a law.

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