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The Committee on Military Affairs and Domestic Security (Garcia)

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recommended the 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, directly or indirectly,

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at wholesale or retail, prearranged travel, tourist-related

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services, or tour-guide services for individuals or groups to or

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within any terrorist state;

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     (b) Which only offers for sale, directly or indirectly, at

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wholesale or retail, prearranged travel, tourist-related

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services, or tour-guide services for individuals or groups to or

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within any terrorist state but engages in no other business

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dealings or commerce with any terrorist state; or

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     (c) Which offers for sale, directly or indirectly, at

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wholesale or retail, prearranged travel, tourist-related

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services, or tour-guide services for individuals or groups to or

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within any terrorist state and also engages in any other business

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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) Each intermediate state, country, or nation through

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which the certifying party engages in any business or commerce

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with any terrorist state.

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     (d) 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 entity with which the certifying party

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engages in business or commerce that is related in any way to the

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certifying party's business or commerce with any terrorist state.

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     (e) 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 to, from, or within any

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terrorist state and the frequency with which such services are

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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 (4), shall be

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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

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ss. 559.9285(1)(b) or (c) shall not be entitled to the waiver

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provided in 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 travel or provide any travel-related

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service to purchasers traveling to or within any terrorist state

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without disclosing such business activities in a certification

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filed under ss. 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.  Subsection (2), subsection (3), and subsection

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(4) of section 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 ss. 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

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not have a satisfactory consumer complaint history or the

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affiliate fails to respond to a consumer complaint within 30

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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

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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

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

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misappropriation of property, deceptive or unfair trade

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practices, or moral turpitude.

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     Section 7.  Section 559.9355, Florida Statutes, is amended

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to read:

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     559.9355  Administrative remedies; penalties.--

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

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the following if the department finds that a person has violated

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

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part or the rules or orders issued thereunder:

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

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120.695.

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

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for each act or omission.

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

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

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

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activities.

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

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registration.

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

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

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

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     (2)  The administrative proceedings which could result in

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

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subsection (1) are governed by chapter 120.

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     (3)  The department has the authority to adopt rules

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pursuant to chapter 120 to implement this section and ss.

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559.928, 559.929, 559.934, and 559.935.

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

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

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

355

to read:

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     559.936  Civil penalties; remedies.--

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

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

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or (23).

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

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read:

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     559.937 Criminal penalties.--Any person or business that

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which violates this part:

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

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as provided in s. 775.082 or s. 775.083.

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     (2) Which violation directly or indirectly pertains to an

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offer to sell travel or provide any travel-related service to a

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purchaser traveling to or within any terrorist state, commits a

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felony of the third degree, punishable as provided in s. 775.082

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or s. 775.083.

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

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

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And the title is amended as follows:

375

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

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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 their 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 travel or

406

provide any travel-related service to a purchaser

407

traveling to or within any terrorist state without

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disclosing such business activities in a certification

409

filed with the department and to violate any state or

410

federal law restricting or prohibiting commerce with

411

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

412

provisions which exempt certain sellers of travel and

413

affiliates thereof from specified registration, security,

414

disclosure, and recordkeeping requirements; amending s.

415

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

416

act or omission in violation of the prohibited offer to

417

sell travel or provide any travel-related service to

418

purchasers traveling to or within any terrorist state

419

without disclosing such business activities in a

420

certification or in violation of any state or federal law

421

restricting or prohibiting commerce with terrorist states;

422

amending s. 559.936, F.S.; authorizing the department to

423

seek a specified civil penalty for each act or omission in

424

violation of the prohibited offer to sell travel or

425

provide any travel-related service to purchasers traveling

426

to or within any terrorist state without disclosing such

427

business activities in a certification or in violation of

428

any state or federal law restricting or prohibiting

429

commerce with terrorist states; amending s. 559.937, F.S.;

430

providing a criminal penalty for a violation of the

431

Florida Sellers of Travel Act which directly or indirectly

432

pertains to an offer to sell travel or provide any travel-

433

related service to a purchaser traveling to or within any

434

terrorist state; providing an effective date.

3/18/2008  1:32:00 PM     40-05239-08