HB 0605CS

CHAMBER ACTION




1The Domestic Security Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
6
A bill to be entitled
7An act relating to travel to and commerce with terrorist
8nations; creating s. 288.857, F.S.; creating the "Travel
9To and Commerce With Terrorist Nations Act"; providing a
10popular name; providing legislative intent; providing
11definitions; providing for the levy of a security
12assessment on charter transportation for trips originating
13in this state and arriving in an identified terrorist
14nation; providing for the rate of the assessment;
15providing requirements and procedures with respect
16thereto; requiring any university or community college
17within the State University System or the Florida
18Community College System that organizes or directs the
19organization of a cultural or educational trip utilizing
20charter transportation to any terrorist nation to provide
21the Department of Education with specified information;
22providing standards for disqualification from
23participation in specific programs and services
24administered by the state for residents who engage in
25travel to terrorist nations; providing for the
26reallocation of state funds derived as a result of the
27denial or discontinuance of benefits from such programs;
28requiring the Department of Revenue to develop a terrorist
29travel disclosure form; providing for contents of the
30form; providing requirements with respect to completion
31and submission of such form; providing for an
32administrative processing assessment; providing for
33calculation and deposit of such assessment; authorizing
34the Department of Revenue to investigate and audit
35specified records to enforce the act; requiring the
36department to create, operate, and maintain a database for
37the collection of information contained in such forms;
38providing for utilization of the database by state
39agencies; requiring the Department of Children and Family
40Services to monitor the database for specified compliance;
41requiring the Department of Children and Family Services
42to include a terrorist travel waiver form with specified
43applications for assistance; providing for contents of the
44form; providing for a state surcharge on the trade and
45shipment of cattle to any terrorist nation; providing for
46utilization of funds derived from the terrorist commerce
47surcharge; requiring a report; providing a fine to be
48imposed by the Department of Agriculture and Consumer
49Services for violation of pt. XI of ch. 559, F.S., the
50Florida Sellers of Travel Act; providing a fine to be
51imposed by the Department of Revenue for violation of the
52act; specifying exemptions to the act; providing for the
53adoption of rules; providing for the adoption of emergency
54rules; providing that emergency rules shall remain in
55effect for a specified period; amending s. 559.935, F.S.;
56providing that specified provisions of pt. XI of ch. 559,
57F.S., the Florida Sellers of Travel Act, do not apply to
58certain sellers of travel who are authorized to provide
59terrorist nation-related travel services to qualifying
60individuals; providing an effective date.
61
62Be It Enacted by the Legislature of the State of Florida:
63
64     Section 1.  Section 288.857, Florida Statutes, is created
65to read:
66     288.857  Travel To and Commerce With Terrorist Nations
67Act.--
68     (1)  POPULAR NAME.--This act may be cited as the "Travel To
69and Commerce With Terrorist Nations Act."
70     (2)  LEGISLATIVE INTENT.--The Legislature finds that travel
71to and commerce with nations designated by the United States
72Department of State as purveyors of state-sponsored terrorism
73serves to subsidize the terrorist activities which caused these
74nations to be placed on the United States Department of State
75list of terrorist nations. The Legislature finds that there are
76increased safety concerns associated with transportation between
77this state and terrorist nations and that travel to terrorist
78nations raises issues related to security and to the prevention
79of and response to possible terrorist acts. The Legislature
80further finds that persons or entities who transport persons to
81terrorist nations may directly impact the economic stability and
82public security of this state. Therefore, it is the intent of
83the Legislature to offset costs related to transportation to
84terrorist nations that originates in this state. The Legislature
85finds that certain Florida residents who avail themselves of
86programs and services administered by the State of Florida are
87currently engaging in travel and commerce activities that
88subsidize terrorist nations. In an effort to minimize potential
89subsidies to terrorist nations for terrorist activities, as well
90as to combat fraud and abuse in certain programs and services
91administered by state government, the Legislature further finds
92that Florida residents who engage in travel and commerce
93activities that benefit terrorist nations should be ineligible
94for certain programs and services administered by state
95government. The Legislature finds that protecting the
96agricultural interests of the state can be served by
97implementing a surcharge on specific agricultural commerce with
98terrorist nations. Therefore, it is the intent of the
99Legislature through the passage of this act to discourage
100Florida residents, particularly those benefiting from the
101receipt of public funds, from participating in travel and
102commerce activities that serve to benefit terrorist nations
103financially, and to further the agricultural and homeland
104security interests of the state. It is further the intent of the
105Legislature that any savings or revenues generated as a result
106of this act be utilized for critical state priorities such as
107enhancing homeland security, providing the elderly with
108nutrition programs, eradicating citrus canker, and improving
109agricultural harvesting techniques. It is not the intent of the
110Legislature, through the enactment of this act, to impact the
111official business of government employees or the duties of any
112personnel of the United States Armed Services, nor to regulate
113academic freedom or academic program content.
114     (3)  DEFINITIONS.--As used in this act:
115     (a)  "Terrorist nation" means any state, country, or nation
116presently deemed a state sponsor of terrorism by the United
117States Department of State. For the purposes of this act, the
118Department of Revenue shall be charged with the duty of
119documenting those states or nations identified as state sponsors
120of terrorism by the United States Department of State, shall
121specify in rule those states or nations designated state
122sponsors of terrorism by the United States Department of State,
123and shall annually update the list of states or nations
124designated as state sponsors of terrorism according to the most
125current list of state sponsors of terrorism compiled by the
126United States Department of State.
127     (b)  "Assessable transaction or incident" means payment by
128a passenger for travel on a charter vessel.
129     (c)  "Charter aircraft" means any form of aircraft hired
130for exclusive temporary use by a single traveler or group of
131travelers.
132     (d)  "Charter transportation" means travel via charter
133aircraft or charter vessel when such aircraft or vessel is hired
134for exclusive temporary use by a single traveler or group of
135travelers.
136     (e)  "Charter vessel" means any form of watercraft hired
137for exclusive temporary use by a single traveler or group of
138travelers.
139     (f)  "Directly carries or transports" means to conduct a
140single continuous charter flight or charter vessel voyage that
141originates from any location in this state and arrives in a
142terrorist nation identified pursuant to paragraph(a). For
143purposes of this definition, temporary stops of less than 8
144hours shall not disqualify a charter flight or charter vessel
145voyage from being considered a continuous flight or voyage.
146     (4)  SECURITY ASSESSMENT.--
147     (a)  It is the intent of the Legislature that every person
148or entity who directly transports persons via charter aircraft
149or charter vessel from this state to a terrorist nation is
150exercising an assessable privilege.
151     (b)1.  For exercising such privilege, a security assessment
152is levied on charter aircraft on each takeoff at the rate of
153$100, irrespective of the charter aircraft size, plus an
154additional charge of $0.04 per pound of the aircraft's maximum
155takeoff weight as specified by the aircraft manufacturer. Each
156such charter company is charged with the responsibility of
157keeping adequate books and records that will establish chartered
158flights and destinations.
159     2.  For charter vessels exercising such privilege, a
160security assessment is levied on each assessable transaction or
161incident, which assessment is due and payable at the rate of 10
162percent on the total consideration received or to be received by
163any person for performing such service. Such security assessment
164shall be in addition to the total amount of the consideration
165for the service, shall be charged by the person receiving such
166consideration, and shall be payable by such person at the time
167he or she receives such consideration.
168     (c)  Any person or entity that directly transports persons
169via charter aircraft or vessel from this state to a terrorist
170nation shall remit the assessment to the Department of Revenue
171in a manner prescribed by the department. The proceeds of the
172security assessment, less administrative costs, shall be
173transferred by the Department of Revenue into the State Homeland
174Security Trust Fund. For the purposes of this act, "proceeds of
175the security assessment" means all funds collected and received
176by the department hereunder, including interest and penalties on
177delinquent assessments. The amount deducted for the costs of
178administration must not exceed 3 percent of the total revenues
179collected hereunder and may include only those costs reasonably
180attributable to the assessment.
181     (d)  This security assessment is in addition to other taxes
182or assessments, whether levied in the form of excise, license,
183or privilege taxes, and is in addition to all other fees and
184taxes levied.
185     (e)  The Department of Revenue shall administer, collect,
186and enforce the security assessment authorized under this act
187pursuant to the same procedures used in the administration,
188collection, and enforcement of the general state sales tax
189imposed under chapter 212, except as provided in this act. The
190provisions of chapter 212 regarding the authority to audit and
191make assessments, keeping of books and records, and interest and
192penalties on delinquent assessments apply. The assessment shall
193not be included in the computation of estimated taxes pursuant
194to s. 212.11, nor shall the dealer's credit for collecting taxes
195or fees in s. 212.12 apply to this assessment.
196     (5)  MANDATORY TRAVEL INFORMATION.--Any university or
197community college within the State University System or the
198Florida Community College System that organizes or directs the
199organization of a cultural or educational trip utilizing charter
200transportation to any terrorist nation shall provide the
201Department of Education, no later than 30 days after the
202completion of such trip, with the following information:
203     (a)  A report specifying:
204     1.  The number of degree-seeking students and nondegree-
205seeking students participating in the trip.
206     2.  The number of employees of the university or community
207college and the number of persons not employed by the university
208or community college participating in the trip.
209     (b)  A detailed itinerary of the trip being organized,
210including hotel and restaurant accommodations, planned
211excursions, and scheduled meetings with governmental authorities
212or individuals or organizations not affiliated with the
213government of the host nation.
214     (c)  A complete accounting of all costs associated with the
215trip and a complete accounting of the use or deposit of all
216moneys received in payment for the trip.
217     (d)  The certificates of incorporation of any entity or
218entities contracted to organize or facilitate the trip.
219     (e)  A statement confirming adherence to all provisions of
220the United States Department of Treasury Cuban Assets Control
221Regulations, 31 C.F.R. s. 515.536.
222     (6)  PROGRAM ELIGIBILITY DISQUALIFICATION.--Effective
223January 1, 2006, any Florida resident between 18 and 65 years of
224age, inclusive, who has established permanent residency in
225Florida for less than 5 years, and who has not been determined
226by the Florida Medicaid program to be either disabled or
227pregnant, regardless of immigration or citizenship status, is
228ineligible to participate in the Refugee Resettlement Program
229under Title IV of the Immigration and Nationality Act, the
230Refugee Cash Assistance program under 45 C.F.R. part 400, or the
231Refugee Medical Assistance program under 45 C.F.R. part 400, as
232administered by the State of Florida and the Florida Department
233of Children and Family Services, and will be ineligible to
234receive Medicaid or food stamp benefits, as administered by the
235State of Florida and the Florida Department of Children and
236Family Services, for a minimum period of 1 year or until the
237person's 5-year Florida residency threshold is reached,
238whichever is greater, upon a determination by the Florida
239Department of Children and Family Services that the individual
240has traveled to a terrorist nation as defined by the United
241States Department of State.
242     (7)  UTILIZATION OF STATE FUNDING.--Effective January 1,
2432006, all state funds derived as a result of the denial or
244discontinuance of benefits under this act shall be redirected to
245the Department of Elderly Affairs for elderly nutrition
246programs. No funds derived under this act may be used to replace
247existing funding for and access to programs to which funds are
248redirected. All funds secured under this act are intended to
249expand funding for and access to the programs to which funds are
250redirected.
251     (8)  TERRORIST TRAVEL DISCLOSURE FORM.--
252     (a)  The Department of Revenue shall develop a disclosure
253form to be entitled the "Terrorist Travel Disclosure Form." The
254Department of Revenue and the Department of Agriculture and
255Consumer Services shall make the Terrorist Travel Disclosure
256form available on their respective Internet websites. The form
257shall inform a Florida resident seeking to travel to an
258identified terrorist nation of the disqualification from
259eligibility for the programs and services cited in subsection
260(6) that will result from such travel. The Terrorist Travel
261Disclosure Form shall include the name, mailing address, social
262security number or alien resident number, date of birth, place
263of birth, date on which Florida residency was established,
264telephone number and signature of the individual requesting
265travel services to a terrorist nation, and shall contain a sworn
266statement attesting to the validity of the application.
267     (b)  Effective January 1, 2006, all persons and
268corporations subject to the jurisdiction of the State of Florida
269who are authorized by the Office of Foreign Assets Control,
270United States Department of the Treasury, to provide terrorist
271nation-related travel services to qualifying individuals must,
272no later than 15 days after travel has commenced, submit to the
273Department of Revenue a completed terrorist travel disclosure
274form for each qualifying individual engaging in terrorist
275nation-related travel. The Department of Revenue shall assess on
276a yearly basis all persons and corporations subject to the
277jurisdiction of the State of Florida who are authorized by the
278Office of Foreign Assets Control, United States Department of
279the Treasury, to provide terrorist nation-related travel
280services. Such yearly assessment shall be at a level sufficient
281to fulfill the cost associated with administering this
282regulation. The yearly assessment shall be calculated by
283dividing the total administrative cost by the number of
284current/active and delinquent/active terrorist nation-related
285travel service providers. Such administrative processing
286assessment shall be deposited in the General Revenue Fund. The
287Department of Revenue shall have authority to investigate and
288audit all applicable and relevant records to enforce this
289provision.
290     (9)  TERRORIST NATIONS TRAVEL DATABASE.--No later than
291January 1, 2006, the Department of Revenue shall create,
292operate, and maintain a Terrorist Nations Travel Database
293wherein information contained in terrorist travel disclosure
294forms and received from authorized travel service providers
295shall be input and maintained. The database shall be available
296to any state agency responsible for determining eligibility or
297the continuation of eligibility for the Refugee Resettlement
298Program, the Refugee Cash Assistance program, the Refugee
299Medical Assistance program, Medicaid, or the food stamp program,
300and for informing program recipients subject to this act of the
301termination of their eligibility for such programs. The
302Department of Children and Family Services shall monitor the
303Terrorist Nations Travel Database on a monthly basis to ensure
304the compliance of benefit recipients under the Refugee
305Resettlement Program, the Refugee Cash Assistance program, the
306Refugee Medical Assistance program, Medicaid, or the food stamp
307program with the eligibility criteria established in subsection
308(6).
309     (10)  DISCLOSURE OF ELIGIBILITY REQUIREMENTS; PENALTY FOR
310NONCOMPLIANCE.--No later than January 1, 2006, the Department of
311Children and Family Services shall include a terrorist travel
312waiver form in all "Request for Assistance" application packets
313that include Temporary Cash Assistance, food stamps, and
314Medicaid for all applicants under the Refugee Resettlement
315Program administered by the State of Florida. The terrorist
316travel waiver form shall inform prospective applicants of the
317disqualification from eligibility for such programs and the
318penalties for noncompliance that will result from travel to
319terrorist countries. The terrorist travel waiver form shall
320include a sworn statement and agreement, under penalty of
321perjury, by the benefits applicant that he or she will inform
322the Department of Children and Family Services of any travel or
323intention to travel to a terrorist nation while receiving
324benefits covered under the Refugee Resettlement Program, the
325food stamp program, or the Medicaid program. Any Refugee
326Resettlement Program recipients found to be in violation of the
327eligibility requirements associated with travel to terrorist
328nations and who meet the criteria established in subsection (6)
329shall be ineligible for the Refugee Cash Assistance program, the
330Refugee Medical Assistance program, Medicaid, and the food stamp
331program, as administered by the State of Florida, for an
332indefinite period.
333     (11)  TERRORIST COMMERCE SURCHARGE; UTILIZATION OF
334FUNDS.--No later than January 1, 2006, the Department of
335Agriculture and Consumer Services shall levy a 10-percent
336terrorist commerce surcharge on the final sale price of any beef
337or dairy cattle transshipped from any Florida airport or seaport
338for direct sale to any terrorist nation, including, but not
339limited to, Brangus, Brafords, Brahma, Hereford, Beef Masters,
340and Black Angus cow and cattle varieties. Funds derived from the
341surcharge shall be allocated to the Institute of Food and
342Agricultural Sciences of the University of Florida for
343utilization in the Citrus Research Initiative, the Canker Genome
344Project, and the Citrus Abscission and Mechanical Harvest
345Project.
346     (12)  IMPLEMENTATION REQUIREMENTS.--No later than July 1,
3472006, the Department of Children and Family Services, the
348Department of Elderly Affairs, the Agency for Health Care
349Administration, the Department of Agriculture and Consumer
350Services, and the Department of Revenue shall submit a report to
351the Legislature describing the actions necessary to implement
352this act. The report shall include written comments from the
353agencies' federal counterparts as to any requirements necessary
354to implement the act, including, but not limited to, securing
355any federal waivers, and recommended action to be taken by the
356respective agencies, including any fiscal notes.
357     (13)  PENALTY.--Any entity providing travel services in
358violation of part XI of chapter 559, the Florida Sellers of
359Travel Act, shall be subject to a fine in the amount of $5,000
360per violation to be imposed by the Department of Agriculture and
361Consumer Services. Any entity providing travel services in
362violation of any provision of this act shall be subject to a
363fine in the amount of $10,000 per violation to be imposed by the
364Department of Revenue.
365     (14)  EXEMPTIONS.--The provisions of this act shall not
366apply to:
367     (a)  Any person operating by contract with a federal
368authority or an authority of the State of Florida.
369     (b)  Any person in performance of active military duty.
370     (c)  Any person employed with the Federal Government in the
371performance of his or her official duties.
372     (d)  Any person operating by contract with a private entity
373in the exercise of emergency medical care and treatment, with
374the sole and express purpose of retrieving an individual in a
375terrorist nation for emergency medical care and treatment
376outside the terrorist nation.
377     (15)  RULEMAKING AUTHORITY.--The Department of Education
378and the Department of Revenue may adopt rules necessary to
379administer this act. The Executive Director of the Department of
380Revenue is authorized, and all conditions are deemed met, to
381adopt emergency rules under ss. 120.536(1) and 120.54(4) to
382implement this act. Notwithstanding any other provision of law,
383such emergency rules shall remain in effect for 6 months after
384the date of adoption and may be renewed during the pendency of
385procedures to adopt rules addressing the subject of the
386emergency rules.
387     Section 2.  Subsection (2) of section 559.935, Florida
388Statutes, is amended to read:
389     559.935  Exemptions.--
390     (2)  Sections 559.928, 559.929, 559.9295, 559.931, and
391559.932 shall not apply to:
392     (a)1.  Sellers of travel directly issuing airline tickets
393who have contracted with the Airlines Reporting Corporation for
394the most recent consecutive 3 years or more under the same
395ownership and control and who do not offer vacation
396certificates; or
397     2.(b)  Sellers of travel offering vacation certificates who
398have contracted with the Airlines Reporting Corporation for the
399most recent consecutive 5 years or more under the same ownership
400and control.
401     (b)  Sellers of travel authorized by the Office of Foreign
402Assets Control, United States Department of Treasury, to provide
403terrorist nation-related travel services to qualifying
404individuals.
405     Section 3.  This act shall take effect upon becoming a law.


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