1

The Committee on Criminal Justice (King) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsections (2) through (5), (7) through (10),

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and (11) of section 559.927, Florida Statutes, are renumbered as

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subsections (3) through (6), (8) through (11), and (13),

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respectively, subsection (6) is renumbered as subsection (7) and

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amended, and new subsections (2) and (12) are added to that

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section, to read:

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     559.927  Definitions.--For the purposes of this part, the

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term:

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     (2) "Certifying party" means a seller of travel registering

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under s. 559.928 or a seller of travel who is exempt under s.

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559.935(2) or (3).

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     (7)(6) "Prearranged travel, tourist-related services, or

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tour-guide services" includes, but is not limited to, car

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rentals, lodging, transfers, and sightseeing tours and all other

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such services which are reasonably related to air, sea, rail,

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motor coach, or other medium of transportation, or accommodations

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for which a purchaser receives a premium or contracts or pays

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prior to or after departure. These terms also include services

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for which a purchaser, whose legal residence is outside the

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United States, contracts or pays prior to departure, and any

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arrangement by which a purchaser prepays for, receives a

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reservation or any other commitment to provide services prior to

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departure for, or otherwise arranges for travel directly to a

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terrorist state and which originates in Florida.

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     (12) "Terrorist state" means any state, country, or nation

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designated by the United States Department of State as a state

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sponsor of terrorism.

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     Section 2.  Subsections (1) and (2) of section 559.928,

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Florida Statutes, are amended to read:

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     559.928  Registration.--

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     (1)  Each seller of travel shall annually register with the

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department, providing: its legal business or trade name, mailing

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address, and business locations; the full names, addresses, and

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telephone numbers, and social security numbers of its owners or

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corporate officers and directors and the Florida agent of the

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corporation; a statement whether it is a domestic or foreign

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corporation, its state and date of incorporation, its charter

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number, and, if a foreign corporation, the date it registered

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with the State of Florida, and occupational license where

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applicable; the date on which a seller of travel registered its

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fictitious name if the seller of travel is operating under a

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fictitious or trade name; the name of all other corporations,

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business entities, and trade names through which each owner of

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the seller of travel operated, was known, or did business as a

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seller of travel within the preceding 5 years; a list of all

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authorized independent agents, including the agent's trade name,

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full name, mailing address, business address, and telephone

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numbers, and social security number; the business location and

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address of each branch office and full name and address of the

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manager or supervisor; the certification required under s.

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559.9285; and proof of purchase of adequate bond or establishment

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of a letter of credit or certificate of deposit as required in

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this part. A certificate evidencing proof of registration shall

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be issued by the department and must be prominently displayed in

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the seller of travel's primary place of business.

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     (2)(a) Registration fees shall be as follows:

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     1. Three hundred dollars $300 per year per registrant

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certifying its business activities under s. 559.9285(1)(a).

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     2. One thousand dollars per year per registrant certifying

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its business activities under s. 559.9285(1)(b).

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     3. Twenty-five hundred dollars per year per registrant

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certifying its business activities under s. 559.9285(1)(c).

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     (b) All amounts collected shall be deposited by the Chief

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Financial Officer to the credit of the General Inspection Trust

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Fund of the Department of Agriculture and Consumer Services

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pursuant to s. 570.20, for the sole purpose of administration of

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this part.

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     Section 3.  Section 559.9285, Florida Statutes, is created

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to read:

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     559.9285 Certification of business activities.--

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     (1) Each certifying party, as defined in s. 559.927(2):

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     (a) Which does not offer for sale, at wholesale or retail,

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prearranged travel, tourist-related services, or tour-guide

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services for individuals or groups directly to any terrorist

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state and which originate in Florida;

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     (b) Which only offers for sale, at wholesale or retail,

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prearranged travel, tourist-related services, or tour-guide

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services for individuals or groups directly to any terrorist

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state and which originate in Florida, but engages in no other

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business dealings or commerce with any terrorist state; or

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     (c) Which offers for sale, at wholesale or retail,

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prearranged travel, tourist-related services, or tour-guide

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services for individuals or groups directly to any terrorist

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state and which originate in Florida, and also engages in any

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other business dealings or commerce with any terrorist state,

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shall annually certify its business activities by filing a

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disclosure statement with the department that accurately

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represents the scope of the seller's business activities

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according to the criteria provided in either paragraph (a),

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paragraph (b), or paragraph (c).

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     (2)(a) If a certifying party changes the scope of the

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business activities certified pursuant to subsection (1), the

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certifying party shall file the following with the department no

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later than 15 days from the change in activities:

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     1. An amended certificate pursuant to subsection (1); and

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     2. The applicable registration fee pursuant to s. 559.928.

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     (b) Within 15 days of filing the amended certificate, the

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certifying party shall provide the department with a bond in the

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proper amount for the certified business activity pursuant to s.

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559.929.

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     (3) The department shall specify by rule the form of each

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certification under this section, which shall include the

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following information:

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     (a) The legal name, any trade names or fictitious names,

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mailing address, physical address, telephone number or numbers,

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fax number or numbers, all Internet and electronic contact

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information, and registration number, if applicable, of the

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certifying party.

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     (b) Each terrorist state with which the certifying party

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engages in any business or commerce.

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     (c) The legal name, any trade names or fictitious names,

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mailing address, physical address, telephone number or numbers,

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fax number or numbers, and all Internet and electronic contact

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information of every other commercial entity with which the

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certifying party engages in business or commerce that is related

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in any way to the certifying party's business or commerce with

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any terrorist state. The information disclosed pursuant to this

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paragraph shall not constitute customer lists, customer names, or

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trade secrets protected under s. 570.544(7).

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     (d) The type of all prearranged travel, tourist-related

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services, or tour-guide services the certifying party offers for

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sale to individuals or groups traveling directly to any terrorist

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state and which originate in Florida, and the frequency with

131

which such services are offered.

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     Section 4.  Section 559.929, Florida Statutes, is amended to

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read:

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     559.929  Security requirements.--

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     (1)  An application must be accompanied by a performance

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bond in an amount set by the department under paragraph (a),

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paragraph (b), or paragraph (c) not to exceed $25,000, or in the

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amount of $50,000 if the seller of travel is offering vacation

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certificates. The surety on such bond shall be a surety company

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authorized to do business in the state.

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     (a) Each seller of travel which certifies its business

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activities under s. 559.9285(1)(a) shall provide a performance

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bond in an amount not to exceed $25,000, or in the amount of

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$50,000 if the seller of travel is offering vacation

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certificates.

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     (b) Each seller of travel which certifies its business

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activities under s. 559.9285(1)(b) shall provide a performance

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bond in an amount not to exceed $100,000, or in the amount of

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$150,000 if the seller of travel is offering vacation

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certificates.

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     (c) Each seller of travel which certifies its business

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activities under s. 559.9285(1)(c) shall provide a performance

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bond in an amount not to exceed $250,000, or in the amount of

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$300,000 if the seller of travel is offering vacation

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certificates.

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     (2) In lieu of the performance bond required in this part,

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a registrant or applicant for registration may establish a

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certificate of deposit or an irrevocable letter of credit in a

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Florida banking institution in the amount of the performance

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bond. The department shall be the beneficiary to this certificate

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of deposit, and the original shall be filed with the department.

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Any such letter of credit shall provide that the issuer will give

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the department not less than 120 days written notice prior to

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terminating or refusing to renew the letter of credit.

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     (2)(3) The bond, letter of credit, or certificate of

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deposit shall be in favor of the department for the use and

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benefit of any traveler who is injured by the fraud,

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misrepresentation, breach of contract, financial failure, or

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violation of any provision of this part by the seller of travel.

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Such liability may be enforced either by proceeding in an

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administrative action as specified in subsection (3) (4) or by

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filing a judicial suit at law in a court of competent

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jurisdiction. However, in such court suit the bond, letter of

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credit, or certificate of deposit posted with the department

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shall not be amenable or subject to any judgment or other legal

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process issuing out of or from such court in connection with such

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lawsuit, but such bond, letter of credit, or certificate of

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deposit shall be amenable to and enforceable only by and through

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administrative proceedings before the department. It is the

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intent of the Legislature that such bond, letter of credit, or

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certificate of deposit shall be applicable and liable only for

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the payment of claims duly adjudicated by order of the

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department. The bond, letter of credit, or certificate of deposit

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shall be open to successive claims, but the aggregate amount may

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not exceed the amount of the bond, letter of credit, or

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certificate of deposit. In addition to the foregoing, a bond

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provided by a registrant or applicant for registration which

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certifies its business activities under s. 559.9285(1)(b) or (c)

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shall be in favor of the department, with payment in the

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following order of priority:

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     (a) All expenses for prosecuting the registrant or

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applicant in any administrative or civil action under this part,

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including fees for attorneys and other professionals, court costs

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or other costs of the proceedings, and all other expenses

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incidental to the action.

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     (b) All costs and expenses of investigation prior to the

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commencement of an administrative or civil action under this

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part.

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     (c) Any unpaid administrative fine imposed by final order

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or any unpaid civil penalty imposed by final judgment under this

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part.

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     (d) Damages or compensation for any traveler injured as

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provided in this subsection.

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     (3)(4) Any traveler may file a claim against the bond,

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letter of credit, or certificate of deposit which shall be made

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in writing to the department within 120 days after an alleged

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injury has occurred or is discovered to have occurred. The

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proceedings shall be held in accordance with ss. 120.569 and

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120.57.

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     (4)(5) In any situation in which the seller of travel is

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currently the subject of an administrative, civil, or criminal

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action by either the department, the Department of Legal Affairs,

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or the state attorney concerning compliance with this part, the

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right to proceed against the bond, letter of credit, or

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certificate of deposit, as provided in subsection (3) (4), shall

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be suspended until after any enforcement action becomes final.

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     (5)(6) The department may waive the bond, letter of credit,

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or certificate of deposit requirement on an annual basis if the

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seller of travel has had 5 or more consecutive years of

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experience as a seller of travel in Florida in compliance with

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this part, has not had any civil, criminal, or administrative

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action instituted against the seller of travel in the vacation

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and travel business by any governmental agency or any action

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involving fraud, theft, misappropriation of property, violation

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of any statute pertaining to business or commerce with any

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terrorist state, or moral turpitude, and has a satisfactory

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consumer complaint history with the department, and certifies its

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business activities under s. 559.9285. Such waiver may be revoked

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if the seller of travel violates any provision of this part. A

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seller of travel which certifies its business activities under s.

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559.9285(1)(b) or (c) is be entitled to the waiver provided in

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this subsection.

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     Section 5.  Subsection (2) of section 559.9335, Florida

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Statutes, is amended, subsections (22), (23), and (24) are

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renumbered as subsections (24), (25), and (26), respectively, and

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new subsections (22) and (23) are added to that section, to read:

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     559.9335  Violations.--It is a violation of this part for

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any person:

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     (2)  To conduct business as a seller of travel without an

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annual purchase of a performance bond or establishment of a

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letter of credit or certificate of deposit in the amount set by

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the department unless exempt pursuant to s. 559.935.

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     (22) To offer to sell, at wholesale or retail, prearranged

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travel, tourist-related services, or tour-guide services for

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individuals or groups directly to any terrorist state and which

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originate in Florida, without disclosing such business activities

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in a certification filed under s. 559.9285(1)(b) or (c).

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     (23) To violate any state or federal law restricting or

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prohibiting commerce with terrorist states.

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     Section 6.  Subsections (2), (3), and (4) of section

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559.935, Florida Statutes, are amended to read:

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     559.935  Exemptions.--

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     (2)  Sections 559.928, 559.929, 559.9295, 559.931, and

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559.932 shall not apply to:

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     (a)  Sellers of travel directly issuing airline tickets who

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have contracted with the Airlines Reporting Corporation for the

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most recent consecutive 3 years or more under the same ownership

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and control, and who do not offer vacation certificates, and who

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annually certify their business activities under s.

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559.9285(1)(a).; or

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     (b)  Sellers of travel offering vacation certificates who

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have contracted with the Airlines Reporting Corporation for the

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most recent consecutive 5 years or more under the same ownership

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and control and who annually certify their business activities

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under s. 559.9285(1)(a).

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This exemption does not apply to sellers of travel certifying

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their business activities under s. 559.9285(1)(b) or (c).

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     (3)  Sections 559.928, 559.929, 559.9295, 559.931, and

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559.932 shall also not apply to a seller of travel that is an

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affiliate of an entity exempt pursuant to subsection (2) subject

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to the following conditions:

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     (a)  In the event the department finds the affiliate does

274

not have a satisfactory consumer complaint history or the

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affiliate fails to respond to a consumer complaint within 30

276

days, the related seller of travel exempt pursuant to subsection

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(2) shall be liable for the actions of the affiliate, subject to

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the remedies provided in ss. 559.9355 and 559.936.

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     (b)  In the event the department is unable to locate an

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affiliate, the related seller of travel exempt pursuant to

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subsection (2) shall be fully liable for the actions of the

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affiliate, subject to the remedies provided in ss. 559.9355 and

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559.936.

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     (c)  In order to obtain an exemption under this subsection,

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the affiliate shall file an affidavit of exemption on a form

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prescribed by the department and shall certify its business

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activities under s. 559.9285(1)(a). The affidavit of exemption

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shall be executed by a person who exercises identical control

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over the seller of travel exempt pursuant to subsection (2) and

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the affiliate. Failure to file an affidavit of exemption or

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certification under s. 559.9285(1)(a) prior to engaging in seller

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of travel activities shall subject the affiliate to the remedies

293

provided in ss. 559.9355 and 559.936.

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     (d)  Revocation by the department of an exemption provided

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to a seller of travel under subsection (2) shall constitute

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automatic revocation by law of an exemption obtained by an

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affiliate under the subsection.

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     (e)  This subsection shall not apply to:

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     1.  An affiliate that independently qualifies for another

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exemption under this section s. 559.935.

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     2.  An affiliate that sells, or offers for sale, vacation

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certificates.

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     3. An affiliate that certifies its business activities

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under s. 559.9285(1)(b) or (c).

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     (f)  For purposes of this section, an "affiliate" means an

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entity that meets the following:

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     1.  The entity has the identical ownership as the seller of

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travel that is exempt under subsection (2).

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     2.  The ownership controlling the seller of travel that is

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exempt under subsection (2) also exercises identical control over

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the entity.

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     3.  The owners of the affiliate hold the identical

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percentage of voting shares as they hold in the seller of travel

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that is exempt under subsection (2).

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     (4)  The department may revoke the exemption provided in

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subsection (2) or subsection (3) if the department finds that the

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seller of travel does not have a satisfactory consumer complaint

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history, has been convicted of a crime involving fraud, theft,

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misappropriation of property, deceptive or unfair trade

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practices, or moral turpitude, or has not complied with the terms

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of any order or settlement agreement arising out of an

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administrative or enforcement action brought by a governmental

323

agency or private person based on conduct involving fraud, theft,

324

misappropriation of property, deceptive or unfair trade

325

practices, or moral turpitude.

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     Section 7.  Section 559.9355, Florida Statutes, is amended

327

to read:

328

     559.9355  Administrative remedies; penalties.--

329

     (1)  The department may enter an order doing one or more of

330

the following if the department finds that a person has violated

331

or is operating in violation of any of the provisions of this

332

part or the rules or orders issued thereunder:

333

     (a)  Issuing a notice of noncompliance pursuant to s.

334

120.695.

335

     (b)  Imposing an administrative fine not to exceed $5,000

336

for each act or omission.

337

     (c) Imposing an administrative fine not to exceed $10,000

338

for each act or omission in violation of s. 559.9335(22) or (23).

339

     (d)(c) Directing that the person cease and desist specified

340

activities.

341

     (e)(d) Refusing to register or canceling or suspending a

342

registration.

343

     (f)(e) Placing the registrant on probation for a period of

344

time, subject to such conditions as the department may specify.

345

     (g)(f) Canceling an exemption granted under s. 559.935.

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     (2)  The administrative proceedings which could result in

347

the entry of an order imposing any of the penalties specified in

348

subsection (1) are governed by chapter 120.

349

     (3)  The department has the authority to adopt rules

350

pursuant to chapter 120 to implement this section and ss.

351

559.928, 559.929, 559.934, and 559.935.

352

     Section 8.  Subsections (3) through (6) of section 559.936,

353

Florida Statutes, are renumbered as subsections (4) through (7),

354

respectively, and a new subsection (3) is added to that section

355

to read:

356

     559.936  Civil penalties; remedies.--

357

     (3) The department may seek a civil penalty of up to

358

$10,000 for each act or omission in violation of s. 559.9335(22)

359

or (23).

360

     Section 9.  Section 559.937, Florida Statutes, is amended to

361

read:

362

     559.937 Criminal penalties.--Any person or business that

363

which violates this part:

364

     (1) Commits a misdemeanor of the first degree, punishable

365

as provided in s. 775.082 or s. 775.083.

366

     (2) Which violation directly or indirectly pertains to an

367

offer to sell, at wholesale or retail, prearranged travel,

368

tourist-related services, or tour-guide services for individuals

369

or groups directly to any terrorist state and which originate in

370

Florida, commits a felony of the third degree, punishable as

371

provided in s. 775.082 or s. 775.083.

372

     Section 10.  This act shall take effect July 1, 2008.

373

374

================ T I T L E  A M E N D M E N T ================

375

And the title is amended as follows:

376

     Delete everything before the enacting clause

377

and insert:

378

A bill to be entitled

379

An act relating to sellers of travel; amending s. 559.927,

380

F.S.; revising the definition of "prearranged travel,

381

tourist-related services, or tour-guide services";

382

defining "certifying party" and "terrorist state";

383

amending s. 559.928, F.S.; revising provisions relating to

384

registration as a seller of travel; revising registration

385

fees; creating s. 559.9285, F.S.; requiring a seller of

386

travel to annually certify to the Department of

387

Agriculture and Consumer Services the scope of its

388

business activities by filing a disclosure statement;

389

categorizing certifying parties; providing requirements of

390

a certifying party that changes its scope of business;

391

requiring such certifying party to provide the department

392

with appropriate bond; requiring the department to specify

393

by rule the form of certification; specifying required

394

certification information; amending s. 559.929, F.S.;

395

revising requirements with respect to the performance bond

396

which must accompany registration or an application for

397

registration as a seller of travel; specifying amounts of

398

bonds for certification categories; eliminating

399

alternative means of satisfying security requirements;

400

providing for priority of payment with respect to such

401

bonds; revising conditions under which the department may

402

annually waive the bond; precluding specified

403

certification categories from waiver of bond; amending s.

404

559.9335, F.S.; providing that it is a violation of the

405

Florida Sellers of Travel Act to offer to sell, at

406

wholesale or retail, prearranged travel, tourist-related

407

services, or tour-guide services for individuals or groups

408

directly to any terrorist state which originate in Florida

409

without disclosing such business activities in a

410

certification filed with the department and to violate any

411

state or federal law restricting or prohibiting commerce

412

with terrorist states; amending s. 559.935, F.S.; revising

413

provisions which exempt certain sellers of travel and

414

affiliates thereof from specified registration, security,

415

disclosure, and recordkeeping requirements; amending s.

416

559.9355, F.S.; imposing an administrative fine for each

417

act or omission in violation of the prohibited offer to

418

sell, at wholesale or retail, prearranged travel, tourist-

419

related services, or tour-guide services for individuals

420

or groups directly to any terrorist state which originate

421

in Florida without disclosing such business activities in

422

a certification or in violation of any state or federal

423

law restricting or prohibiting commerce with terrorist

424

states; amending s. 559.936, F.S.; authorizing the

425

department to seek a specified civil penalty for each act

426

or omission in violation of the prohibited offer to sell,

427

at wholesale or retail, prearranged travel, tourist-

428

related services, or tour-guide services for individuals

429

or groups directly to any terrorist state which originate

430

in Florida without disclosing such business activities in

431

a certification or in violation of any state or federal

432

law restricting or prohibiting commerce with terrorist

433

states; amending s. 559.937, F.S.; providing a criminal

434

penalty for a violation of the Florida Sellers of Travel

435

Act which directly or indirectly pertains to an offer to

436

sell, at wholesale or retail, prearranged travel, tourist-

437

related services, or tour-guide services for individuals

438

or groups directly to any terrorist state which originate

439

in Florida; providing an effective date.

4/18/2008  11:54:00 AM     CJ.CJ.08010