| 1 | The Domestic Security Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to travel to and commerce with terrorist |
| 8 | nations; creating s. 288.857, F.S.; creating the "Travel |
| 9 | To and Commerce With Terrorist Nations Act"; providing a |
| 10 | popular name; providing legislative intent; providing |
| 11 | definitions; providing for the levy of a security |
| 12 | assessment on charter transportation for trips originating |
| 13 | in this state and arriving in an identified terrorist |
| 14 | nation; providing for the rate of the assessment; |
| 15 | providing requirements and procedures with respect |
| 16 | thereto; requiring any university or community college |
| 17 | within the State University System or the Florida |
| 18 | Community College System that organizes or directs the |
| 19 | organization of a cultural or educational trip utilizing |
| 20 | charter transportation to any terrorist nation to provide |
| 21 | the Department of Education with specified information; |
| 22 | providing standards for disqualification from |
| 23 | participation in specific programs and services |
| 24 | administered by the state for residents who engage in |
| 25 | travel to terrorist nations; providing for the |
| 26 | reallocation of state funds derived as a result of the |
| 27 | denial or discontinuance of benefits from such programs; |
| 28 | requiring the Department of Revenue to develop a terrorist |
| 29 | travel disclosure form; providing for contents of the |
| 30 | form; providing requirements with respect to completion |
| 31 | and submission of such form; providing for an |
| 32 | administrative processing assessment; providing for |
| 33 | calculation and deposit of such assessment; authorizing |
| 34 | the Department of Revenue to investigate and audit |
| 35 | specified records to enforce the act; requiring the |
| 36 | department to create, operate, and maintain a database for |
| 37 | the collection of information contained in such forms; |
| 38 | providing for utilization of the database by state |
| 39 | agencies; requiring the Department of Children and Family |
| 40 | Services to monitor the database for specified compliance; |
| 41 | requiring the Department of Children and Family Services |
| 42 | to include a terrorist travel waiver form with specified |
| 43 | applications for assistance; providing for contents of the |
| 44 | form; providing for a state surcharge on the trade and |
| 45 | shipment of cattle to any terrorist nation; providing for |
| 46 | utilization of funds derived from the terrorist commerce |
| 47 | surcharge; requiring a report; providing a fine to be |
| 48 | imposed by the Department of Agriculture and Consumer |
| 49 | Services for violation of pt. XI of ch. 559, F.S., the |
| 50 | Florida Sellers of Travel Act; providing a fine to be |
| 51 | imposed by the Department of Revenue for violation of the |
| 52 | act; specifying exemptions to the act; providing for the |
| 53 | adoption of rules; providing for the adoption of emergency |
| 54 | rules; providing that emergency rules shall remain in |
| 55 | effect for a specified period; amending s. 559.935, F.S.; |
| 56 | providing that specified provisions of pt. XI of ch. 559, |
| 57 | F.S., the Florida Sellers of Travel Act, do not apply to |
| 58 | certain sellers of travel who are authorized to provide |
| 59 | terrorist nation-related travel services to qualifying |
| 60 | individuals; providing an effective date. |
| 61 |
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| 62 | Be It Enacted by the Legislature of the State of Florida: |
| 63 |
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| 64 | Section 1. Section 288.857, Florida Statutes, is created |
| 65 | to read: |
| 66 | 288.857 Travel To and Commerce With Terrorist Nations |
| 67 | Act.-- |
| 68 | (1) POPULAR NAME.--This act may be cited as the "Travel To |
| 69 | and Commerce With Terrorist Nations Act." |
| 70 | (2) LEGISLATIVE INTENT.--The Legislature finds that travel |
| 71 | to and commerce with nations designated by the United States |
| 72 | Department of State as purveyors of state-sponsored terrorism |
| 73 | serves to subsidize the terrorist activities which caused these |
| 74 | nations to be placed on the United States Department of State |
| 75 | list of terrorist nations. The Legislature finds that there are |
| 76 | increased safety concerns associated with transportation between |
| 77 | this state and terrorist nations and that travel to terrorist |
| 78 | nations raises issues related to security and to the prevention |
| 79 | of and response to possible terrorist acts. The Legislature |
| 80 | further finds that persons or entities who transport persons to |
| 81 | terrorist nations may directly impact the economic stability and |
| 82 | public security of this state. Therefore, it is the intent of |
| 83 | the Legislature to offset costs related to transportation to |
| 84 | terrorist nations that originates in this state. The Legislature |
| 85 | finds that certain Florida residents who avail themselves of |
| 86 | programs and services administered by the State of Florida are |
| 87 | currently engaging in travel and commerce activities that |
| 88 | subsidize terrorist nations. In an effort to minimize potential |
| 89 | subsidies to terrorist nations for terrorist activities, as well |
| 90 | as to combat fraud and abuse in certain programs and services |
| 91 | administered by state government, the Legislature further finds |
| 92 | that Florida residents who engage in travel and commerce |
| 93 | activities that benefit terrorist nations should be ineligible |
| 94 | for certain programs and services administered by state |
| 95 | government. The Legislature finds that protecting the |
| 96 | agricultural interests of the state can be served by |
| 97 | implementing a surcharge on specific agricultural commerce with |
| 98 | terrorist nations. Therefore, it is the intent of the |
| 99 | Legislature through the passage of this act to discourage |
| 100 | Florida residents, particularly those benefiting from the |
| 101 | receipt of public funds, from participating in travel and |
| 102 | commerce activities that serve to benefit terrorist nations |
| 103 | financially, and to further the agricultural and homeland |
| 104 | security interests of the state. It is further the intent of the |
| 105 | Legislature that any savings or revenues generated as a result |
| 106 | of this act be utilized for critical state priorities such as |
| 107 | enhancing homeland security, providing the elderly with |
| 108 | nutrition programs, eradicating citrus canker, and improving |
| 109 | agricultural harvesting techniques. It is not the intent of the |
| 110 | Legislature, through the enactment of this act, to impact the |
| 111 | official business of government employees or the duties of any |
| 112 | personnel of the United States Armed Services, nor to regulate |
| 113 | academic freedom or academic program content. |
| 114 | (3) DEFINITIONS.--As used in this act: |
| 115 | (a) "Terrorist nation" means any state, country, or nation |
| 116 | presently deemed a state sponsor of terrorism by the United |
| 117 | States Department of State. For the purposes of this act, the |
| 118 | Department of Revenue shall be charged with the duty of |
| 119 | documenting those states or nations identified as state sponsors |
| 120 | of terrorism by the United States Department of State, shall |
| 121 | specify in rule those states or nations designated state |
| 122 | sponsors of terrorism by the United States Department of State, |
| 123 | and shall annually update the list of states or nations |
| 124 | designated as state sponsors of terrorism according to the most |
| 125 | current list of state sponsors of terrorism compiled by the |
| 126 | United States Department of State. |
| 127 | (b) "Assessable transaction or incident" means payment by |
| 128 | a passenger for travel on a charter vessel. |
| 129 | (c) "Charter aircraft" means any form of aircraft hired |
| 130 | for exclusive temporary use by a single traveler or group of |
| 131 | travelers. |
| 132 | (d) "Charter transportation" means travel via charter |
| 133 | aircraft or charter vessel when such aircraft or vessel is hired |
| 134 | for exclusive temporary use by a single traveler or group of |
| 135 | travelers. |
| 136 | (e) "Charter vessel" means any form of watercraft hired |
| 137 | for exclusive temporary use by a single traveler or group of |
| 138 | travelers. |
| 139 | (f) "Directly carries or transports" means to conduct a |
| 140 | single continuous charter flight or charter vessel voyage that |
| 141 | originates from any location in this state and arrives in a |
| 142 | terrorist nation identified pursuant to paragraph(a). For |
| 143 | purposes of this definition, temporary stops of less than 8 |
| 144 | hours shall not disqualify a charter flight or charter vessel |
| 145 | voyage from being considered a continuous flight or voyage. |
| 146 | (4) SECURITY ASSESSMENT.-- |
| 147 | (a) It is the intent of the Legislature that every person |
| 148 | or entity who directly transports persons via charter aircraft |
| 149 | or charter vessel from this state to a terrorist nation is |
| 150 | exercising an assessable privilege. |
| 151 | (b)1. For exercising such privilege, a security assessment |
| 152 | is levied on charter aircraft on each takeoff at the rate of |
| 153 | $100, irrespective of the charter aircraft size, plus an |
| 154 | additional charge of $0.04 per pound of the aircraft's maximum |
| 155 | takeoff weight as specified by the aircraft manufacturer. Each |
| 156 | such charter company is charged with the responsibility of |
| 157 | keeping adequate books and records that will establish chartered |
| 158 | flights and destinations. |
| 159 | 2. For charter vessels exercising such privilege, a |
| 160 | security assessment is levied on each assessable transaction or |
| 161 | incident, which assessment is due and payable at the rate of 10 |
| 162 | percent on the total consideration received or to be received by |
| 163 | any person for performing such service. Such security assessment |
| 164 | shall be in addition to the total amount of the consideration |
| 165 | for the service, shall be charged by the person receiving such |
| 166 | consideration, and shall be payable by such person at the time |
| 167 | he or she receives such consideration. |
| 168 | (c) Any person or entity that directly transports persons |
| 169 | via charter aircraft or vessel from this state to a terrorist |
| 170 | nation shall remit the assessment to the Department of Revenue |
| 171 | in a manner prescribed by the department. The proceeds of the |
| 172 | security assessment, less administrative costs, shall be |
| 173 | transferred by the Department of Revenue into the State Homeland |
| 174 | Security Trust Fund. For the purposes of this act, "proceeds of |
| 175 | the security assessment" means all funds collected and received |
| 176 | by the department hereunder, including interest and penalties on |
| 177 | delinquent assessments. The amount deducted for the costs of |
| 178 | administration must not exceed 3 percent of the total revenues |
| 179 | collected hereunder and may include only those costs reasonably |
| 180 | attributable to the assessment. |
| 181 | (d) This security assessment is in addition to other taxes |
| 182 | or assessments, whether levied in the form of excise, license, |
| 183 | or privilege taxes, and is in addition to all other fees and |
| 184 | taxes levied. |
| 185 | (e) The Department of Revenue shall administer, collect, |
| 186 | and enforce the security assessment authorized under this act |
| 187 | pursuant to the same procedures used in the administration, |
| 188 | collection, and enforcement of the general state sales tax |
| 189 | imposed under chapter 212, except as provided in this act. The |
| 190 | provisions of chapter 212 regarding the authority to audit and |
| 191 | make assessments, keeping of books and records, and interest and |
| 192 | penalties on delinquent assessments apply. The assessment shall |
| 193 | not be included in the computation of estimated taxes pursuant |
| 194 | to s. 212.11, nor shall the dealer's credit for collecting taxes |
| 195 | or fees in s. 212.12 apply to this assessment. |
| 196 | (5) MANDATORY TRAVEL INFORMATION.--Any university or |
| 197 | community college within the State University System or the |
| 198 | Florida Community College System that organizes or directs the |
| 199 | organization of a cultural or educational trip utilizing charter |
| 200 | transportation to any terrorist nation shall provide the |
| 201 | Department of Education, no later than 30 days after the |
| 202 | completion of such trip, with the following information: |
| 203 | (a) A report specifying: |
| 204 | 1. The number of degree-seeking students and nondegree- |
| 205 | seeking students participating in the trip. |
| 206 | 2. The number of employees of the university or community |
| 207 | college and the number of persons not employed by the university |
| 208 | or community college participating in the trip. |
| 209 | (b) A detailed itinerary of the trip being organized, |
| 210 | including hotel and restaurant accommodations, planned |
| 211 | excursions, and scheduled meetings with governmental authorities |
| 212 | or individuals or organizations not affiliated with the |
| 213 | government of the host nation. |
| 214 | (c) A complete accounting of all costs associated with the |
| 215 | trip and a complete accounting of the use or deposit of all |
| 216 | moneys received in payment for the trip. |
| 217 | (d) The certificates of incorporation of any entity or |
| 218 | entities contracted to organize or facilitate the trip. |
| 219 | (e) A statement confirming adherence to all provisions of |
| 220 | the United States Department of Treasury Cuban Assets Control |
| 221 | Regulations, 31 C.F.R. s. 515.536. |
| 222 | (6) PROGRAM ELIGIBILITY DISQUALIFICATION.--Effective |
| 223 | January 1, 2006, any Florida resident between 18 and 65 years of |
| 224 | age, inclusive, who has established permanent residency in |
| 225 | Florida for less than 5 years, and who has not been determined |
| 226 | by the Florida Medicaid program to be either disabled or |
| 227 | pregnant, regardless of immigration or citizenship status, is |
| 228 | ineligible to participate in the Refugee Resettlement Program |
| 229 | under Title IV of the Immigration and Nationality Act, the |
| 230 | Refugee Cash Assistance program under 45 C.F.R. part 400, or the |
| 231 | Refugee Medical Assistance program under 45 C.F.R. part 400, as |
| 232 | administered by the State of Florida and the Florida Department |
| 233 | of Children and Family Services, and will be ineligible to |
| 234 | receive Medicaid or food stamp benefits, as administered by the |
| 235 | State of Florida and the Florida Department of Children and |
| 236 | Family Services, for a minimum period of 1 year or until the |
| 237 | person's 5-year Florida residency threshold is reached, |
| 238 | whichever is greater, upon a determination by the Florida |
| 239 | Department of Children and Family Services that the individual |
| 240 | has traveled to a terrorist nation as defined by the United |
| 241 | States Department of State. |
| 242 | (7) UTILIZATION OF STATE FUNDING.--Effective January 1, |
| 243 | 2006, all state funds derived as a result of the denial or |
| 244 | discontinuance of benefits under this act shall be redirected to |
| 245 | the Department of Elderly Affairs for elderly nutrition |
| 246 | programs. No funds derived under this act may be used to replace |
| 247 | existing funding for and access to programs to which funds are |
| 248 | redirected. All funds secured under this act are intended to |
| 249 | expand funding for and access to the programs to which funds are |
| 250 | redirected. |
| 251 | (8) TERRORIST TRAVEL DISCLOSURE FORM.-- |
| 252 | (a) The Department of Revenue shall develop a disclosure |
| 253 | form to be entitled the "Terrorist Travel Disclosure Form." The |
| 254 | Department of Revenue and the Department of Agriculture and |
| 255 | Consumer Services shall make the Terrorist Travel Disclosure |
| 256 | form available on their respective Internet websites. The form |
| 257 | shall inform a Florida resident seeking to travel to an |
| 258 | identified terrorist nation of the disqualification from |
| 259 | eligibility for the programs and services cited in subsection |
| 260 | (6) that will result from such travel. The Terrorist Travel |
| 261 | Disclosure Form shall include the name, mailing address, social |
| 262 | security number or alien resident number, date of birth, place |
| 263 | of birth, date on which Florida residency was established, |
| 264 | telephone number and signature of the individual requesting |
| 265 | travel services to a terrorist nation, and shall contain a sworn |
| 266 | statement attesting to the validity of the application. |
| 267 | (b) Effective January 1, 2006, all persons and |
| 268 | corporations subject to the jurisdiction of the State of Florida |
| 269 | who are authorized by the Office of Foreign Assets Control, |
| 270 | United States Department of the Treasury, to provide terrorist |
| 271 | nation-related travel services to qualifying individuals must, |
| 272 | no later than 15 days after travel has commenced, submit to the |
| 273 | Department of Revenue a completed terrorist travel disclosure |
| 274 | form for each qualifying individual engaging in terrorist |
| 275 | nation-related travel. The Department of Revenue shall assess on |
| 276 | a yearly basis all persons and corporations subject to the |
| 277 | jurisdiction of the State of Florida who are authorized by the |
| 278 | Office of Foreign Assets Control, United States Department of |
| 279 | the Treasury, to provide terrorist nation-related travel |
| 280 | services. Such yearly assessment shall be at a level sufficient |
| 281 | to fulfill the cost associated with administering this |
| 282 | regulation. The yearly assessment shall be calculated by |
| 283 | dividing the total administrative cost by the number of |
| 284 | current/active and delinquent/active terrorist nation-related |
| 285 | travel service providers. Such administrative processing |
| 286 | assessment shall be deposited in the General Revenue Fund. The |
| 287 | Department of Revenue shall have authority to investigate and |
| 288 | audit all applicable and relevant records to enforce this |
| 289 | provision. |
| 290 | (9) TERRORIST NATIONS TRAVEL DATABASE.--No later than |
| 291 | January 1, 2006, the Department of Revenue shall create, |
| 292 | operate, and maintain a Terrorist Nations Travel Database |
| 293 | wherein information contained in terrorist travel disclosure |
| 294 | forms and received from authorized travel service providers |
| 295 | shall be input and maintained. The database shall be available |
| 296 | to any state agency responsible for determining eligibility or |
| 297 | the continuation of eligibility for the Refugee Resettlement |
| 298 | Program, the Refugee Cash Assistance program, the Refugee |
| 299 | Medical Assistance program, Medicaid, or the food stamp program, |
| 300 | and for informing program recipients subject to this act of the |
| 301 | termination of their eligibility for such programs. The |
| 302 | Department of Children and Family Services shall monitor the |
| 303 | Terrorist Nations Travel Database on a monthly basis to ensure |
| 304 | the compliance of benefit recipients under the Refugee |
| 305 | Resettlement Program, the Refugee Cash Assistance program, the |
| 306 | Refugee Medical Assistance program, Medicaid, or the food stamp |
| 307 | program with the eligibility criteria established in subsection |
| 308 | (6). |
| 309 | (10) DISCLOSURE OF ELIGIBILITY REQUIREMENTS; PENALTY FOR |
| 310 | NONCOMPLIANCE.--No later than January 1, 2006, the Department of |
| 311 | Children and Family Services shall include a terrorist travel |
| 312 | waiver form in all "Request for Assistance" application packets |
| 313 | that include Temporary Cash Assistance, food stamps, and |
| 314 | Medicaid for all applicants under the Refugee Resettlement |
| 315 | Program administered by the State of Florida. The terrorist |
| 316 | travel waiver form shall inform prospective applicants of the |
| 317 | disqualification from eligibility for such programs and the |
| 318 | penalties for noncompliance that will result from travel to |
| 319 | terrorist countries. The terrorist travel waiver form shall |
| 320 | include a sworn statement and agreement, under penalty of |
| 321 | perjury, by the benefits applicant that he or she will inform |
| 322 | the Department of Children and Family Services of any travel or |
| 323 | intention to travel to a terrorist nation while receiving |
| 324 | benefits covered under the Refugee Resettlement Program, the |
| 325 | food stamp program, or the Medicaid program. Any Refugee |
| 326 | Resettlement Program recipients found to be in violation of the |
| 327 | eligibility requirements associated with travel to terrorist |
| 328 | nations and who meet the criteria established in subsection (6) |
| 329 | shall be ineligible for the Refugee Cash Assistance program, the |
| 330 | Refugee Medical Assistance program, Medicaid, and the food stamp |
| 331 | program, as administered by the State of Florida, for an |
| 332 | indefinite period. |
| 333 | (11) TERRORIST COMMERCE SURCHARGE; UTILIZATION OF |
| 334 | FUNDS.--No later than January 1, 2006, the Department of |
| 335 | Agriculture and Consumer Services shall levy a 10-percent |
| 336 | terrorist commerce surcharge on the final sale price of any beef |
| 337 | or dairy cattle transshipped from any Florida airport or seaport |
| 338 | for direct sale to any terrorist nation, including, but not |
| 339 | limited to, Brangus, Brafords, Brahma, Hereford, Beef Masters, |
| 340 | and Black Angus cow and cattle varieties. Funds derived from the |
| 341 | surcharge shall be allocated to the Institute of Food and |
| 342 | Agricultural Sciences of the University of Florida for |
| 343 | utilization in the Citrus Research Initiative, the Canker Genome |
| 344 | Project, and the Citrus Abscission and Mechanical Harvest |
| 345 | Project. |
| 346 | (12) IMPLEMENTATION REQUIREMENTS.--No later than July 1, |
| 347 | 2006, the Department of Children and Family Services, the |
| 348 | Department of Elderly Affairs, the Agency for Health Care |
| 349 | Administration, the Department of Agriculture and Consumer |
| 350 | Services, and the Department of Revenue shall submit a report to |
| 351 | the Legislature describing the actions necessary to implement |
| 352 | this act. The report shall include written comments from the |
| 353 | agencies' federal counterparts as to any requirements necessary |
| 354 | to implement the act, including, but not limited to, securing |
| 355 | any federal waivers, and recommended action to be taken by the |
| 356 | respective agencies, including any fiscal notes. |
| 357 | (13) PENALTY.--Any entity providing travel services in |
| 358 | violation of part XI of chapter 559, the Florida Sellers of |
| 359 | Travel Act, shall be subject to a fine in the amount of $5,000 |
| 360 | per violation to be imposed by the Department of Agriculture and |
| 361 | Consumer Services. Any entity providing travel services in |
| 362 | violation of any provision of this act shall be subject to a |
| 363 | fine in the amount of $10,000 per violation to be imposed by the |
| 364 | Department of Revenue. |
| 365 | (14) EXEMPTIONS.--The provisions of this act shall not |
| 366 | apply to: |
| 367 | (a) Any person operating by contract with a federal |
| 368 | authority 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 |
| 371 | performance of his or her official duties. |
| 372 | (d) Any person operating by contract with a private entity |
| 373 | in the exercise of emergency medical care and treatment, with |
| 374 | the sole and express purpose of retrieving an individual in a |
| 375 | terrorist nation for emergency medical care and treatment |
| 376 | outside the terrorist nation. |
| 377 | (15) RULEMAKING AUTHORITY.--The Department of Education |
| 378 | and the Department of Revenue may adopt rules necessary to |
| 379 | administer this act. The Executive Director of the Department of |
| 380 | Revenue is authorized, and all conditions are deemed met, to |
| 381 | adopt emergency rules under ss. 120.536(1) and 120.54(4) to |
| 382 | implement this act. Notwithstanding any other provision of law, |
| 383 | such emergency rules shall remain in effect for 6 months after |
| 384 | the date of adoption and may be renewed during the pendency of |
| 385 | procedures to adopt rules addressing the subject of the |
| 386 | emergency rules. |
| 387 | Section 2. Subsection (2) of section 559.935, Florida |
| 388 | Statutes, is amended to read: |
| 389 | 559.935 Exemptions.-- |
| 390 | (2) Sections 559.928, 559.929, 559.9295, 559.931, and |
| 391 | 559.932 shall not apply to: |
| 392 | (a)1. Sellers of travel directly issuing airline tickets |
| 393 | who have contracted with the Airlines Reporting Corporation for |
| 394 | the most recent consecutive 3 years or more under the same |
| 395 | ownership and control and who do not offer vacation |
| 396 | certificates; or |
| 397 | 2.(b) Sellers of travel offering vacation certificates who |
| 398 | have contracted with the Airlines Reporting Corporation for the |
| 399 | most recent consecutive 5 years or more under the same ownership |
| 400 | and control. |
| 401 | (b) Sellers of travel authorized by the Office of Foreign |
| 402 | Assets Control, United States Department of Treasury, to provide |
| 403 | terrorist nation-related travel services to qualifying |
| 404 | individuals. |
| 405 | Section 3. This act shall take effect upon becoming a law. |