| 1 | A bill to be entitled |
| 2 | An act relating to sellers of travel; amending s. 559.927, |
| 3 | F.S.; revising the definition of "prearranged travel, |
| 4 | tourist-related services, or tour-guide services"; |
| 5 | defining "certifying party" and "terrorist state"; |
| 6 | amending s. 559.928, F.S.; revising provisions relating to |
| 7 | registration as a seller of travel; revising registration |
| 8 | fees; creating s. 559.9285, F.S.; requiring a seller of |
| 9 | travel to annually certify to the Department of |
| 10 | Agriculture and Consumer Services the scope of its |
| 11 | business activities by filing a disclosure statement; |
| 12 | categorizing certifying parties; providing requirements of |
| 13 | a certifying party that changes its scope of business; |
| 14 | requiring such certifying party to provide the department |
| 15 | with appropriate bond; requiring the department to specify |
| 16 | by rule the form of certification; specifying required |
| 17 | certification information; amending s. 559.929, F.S.; |
| 18 | revising requirements with respect to the performance bond |
| 19 | which must accompany registration or an application for |
| 20 | registration as a seller of travel; specifying amounts of |
| 21 | bonds for certification categories; eliminating |
| 22 | alternative means of satisfying security requirements; |
| 23 | providing for priority of payment with respect to such |
| 24 | bonds; revising conditions under which the department may |
| 25 | annually waive the bond; precluding specified |
| 26 | certification categories from waiver of bond; amending s. |
| 27 | 559.9335, F.S.; providing that it is a violation of the |
| 28 | Florida Sellers of Travel Act to offer to sell, at |
| 29 | wholesale or retail, prearranged travel, tourist-related |
| 30 | services, or tour-guide services for individuals or groups |
| 31 | directly to any terrorist state which originate in Florida |
| 32 | without disclosing such business activities in a |
| 33 | certification filed with the department and to violate any |
| 34 | state or federal law restricting or prohibiting commerce |
| 35 | with terrorist states; amending s. 559.935, F.S.; revising |
| 36 | provisions which exempt certain sellers of travel and |
| 37 | affiliates thereof from specified registration, security, |
| 38 | disclosure, and recordkeeping requirements; amending s. |
| 39 | 559.9355, F.S.; imposing an administrative fine for each |
| 40 | act or omission in violation of the prohibited offer to |
| 41 | sell, at wholesale or retail, prearranged travel, tourist- |
| 42 | related services, or tour-guide services for individuals |
| 43 | or groups directly to any terrorist state which originate |
| 44 | in Florida without disclosing such business activities in |
| 45 | a certification or in violation of any state or federal |
| 46 | law restricting or prohibiting commerce with terrorist |
| 47 | states; amending s. 559.936, F.S.; authorizing the |
| 48 | department to seek a specified civil penalty for each act |
| 49 | or omission in violation of the prohibited offer to sell, |
| 50 | at wholesale or retail, prearranged travel, tourist- |
| 51 | related services, or tour-guide services for individuals |
| 52 | or groups directly to any terrorist state which originate |
| 53 | in Florida without disclosing such business activities in |
| 54 | a certification or in violation of any state or federal |
| 55 | law restricting or prohibiting commerce with terrorist |
| 56 | states; amending s. 559.937, F.S.; providing a criminal |
| 57 | penalty for a violation of the Florida Sellers of Travel |
| 58 | Act which directly or indirectly pertains to an offer to |
| 59 | sell, at wholesale or retail, prearranged travel, tourist- |
| 60 | related services, or tour-guide services for individuals |
| 61 | or groups directly to any terrorist state which originate |
| 62 | in Florida; providing an effective date. |
| 63 |
|
| 64 | Be It Enacted by the Legislature of the State of Florida: |
| 65 |
|
| 66 | Section 1. Subsections (2) through (5), (7) through (10), |
| 67 | and (11) of section 559.927, Florida Statutes, are renumbered as |
| 68 | subsections (3) through (6), (8) through (11), and (13), |
| 69 | respectively, subsection (6) is renumbered as subsection (7) and |
| 70 | amended, and new subsections (2) and (12) are added to that |
| 71 | section, to read: |
| 72 | 559.927 Definitions.--For the purposes of this part, the |
| 73 | term: |
| 74 | (2) "Certifying party" means a seller of travel |
| 75 | registering under s. 559.928 or a seller of travel who is exempt |
| 76 | under s. 559.935(2) or (3). |
| 77 | (7)(6) "Prearranged travel, tourist-related services, or |
| 78 | tour-guide services" includes, but is not limited to, car |
| 79 | rentals, lodging, transfers, and sightseeing tours and all other |
| 80 | such services which are reasonably related to air, sea, rail, |
| 81 | motor coach, or other medium of transportation, or |
| 82 | accommodations for which a purchaser receives a premium or |
| 83 | contracts or pays prior to or after departure. These terms also |
| 84 | include services for which a purchaser, whose legal residence is |
| 85 | outside the United States, contracts or pays prior to departure, |
| 86 | and any arrangement by which a purchaser prepays for, receives a |
| 87 | reservation or any other commitment to provide services prior to |
| 88 | departure for, or otherwise arranges for travel directly to a |
| 89 | terrorist state and which originates in Florida. |
| 90 | (12) "Terrorist state" means any state, country, or nation |
| 91 | designated by the United States Department of State as a state |
| 92 | sponsor of terrorism. |
| 93 | Section 2. Subsections (1) and (2) of section 559.928, |
| 94 | Florida Statutes, are amended to read: |
| 95 | 559.928 Registration.-- |
| 96 | (1) Each seller of travel shall annually register with the |
| 97 | department, providing: its legal business or trade name, mailing |
| 98 | address, and business locations; the full names, addresses, and |
| 99 | telephone numbers, and social security numbers of its owners or |
| 100 | corporate officers and directors and the Florida agent of the |
| 101 | corporation; a statement whether it is a domestic or foreign |
| 102 | corporation, its state and date of incorporation, its charter |
| 103 | number, and, if a foreign corporation, the date it registered |
| 104 | with the State of Florida, and occupational license where |
| 105 | applicable; the date on which a seller of travel registered its |
| 106 | fictitious name if the seller of travel is operating under a |
| 107 | fictitious or trade name; the name of all other corporations, |
| 108 | business entities, and trade names through which each owner of |
| 109 | the seller of travel operated, was known, or did business as a |
| 110 | seller of travel within the preceding 5 years; a list of all |
| 111 | authorized independent agents, including the agent's trade name, |
| 112 | full name, mailing address, business address, and telephone |
| 113 | numbers, and social security number; the business location and |
| 114 | address of each branch office and full name and address of the |
| 115 | manager or supervisor; the certification required under s. |
| 116 | 559.9285; and proof of purchase of adequate bond or |
| 117 | establishment of a letter of credit or certificate of deposit as |
| 118 | required in this part. A certificate evidencing proof of |
| 119 | registration shall be issued by the department and must be |
| 120 | prominently displayed in the seller of travel's primary place of |
| 121 | business. |
| 122 | (2)(a) Registration fees shall be as follows: |
| 123 | 1. Three hundred dollars $300 per year per registrant |
| 124 | certifying its business activities under s. 559.9285(1)(a). |
| 125 | 2. One thousand dollars per year per registrant certifying |
| 126 | its business activities under s. 559.9285(1)(b). |
| 127 | 3. Twenty-five hundred dollars per year per registrant |
| 128 | certifying its business activities under s. 559.9285(1)(c). |
| 129 | (b) All amounts collected shall be deposited by the Chief |
| 130 | Financial Officer to the credit of the General Inspection Trust |
| 131 | Fund of the Department of Agriculture and Consumer Services |
| 132 | pursuant to s. 570.20, for the sole purpose of administration of |
| 133 | this part. |
| 134 | Section 3. Section 559.9285, Florida Statutes, is created |
| 135 | to read: |
| 136 | 559.9285 Certification of business activities.-- |
| 137 | (1) Each certifying party, as defined in s. 559.927(2): |
| 138 | (a) Which does not offer for sale, at wholesale or retail, |
| 139 | prearranged travel, tourist-related services, or tour-guide |
| 140 | services for individuals or groups directly to any terrorist |
| 141 | state and which originate in Florida; |
| 142 | (b) Which only offers for sale, at wholesale or retail, |
| 143 | prearranged travel, tourist-related services, or tour-guide |
| 144 | services for individuals or groups directly to any terrorist |
| 145 | state and which originate in Florida, but engages in no other |
| 146 | business dealings or commerce with any terrorist state; or |
| 147 | (c) Which offers for sale, at wholesale or retail, |
| 148 | prearranged travel, tourist-related services, or tour-guide |
| 149 | services for individuals or groups directly to any terrorist |
| 150 | state and which originate in Florida, and also engages in any |
| 151 | other business dealings or commerce with any terrorist state, |
| 152 | |
| 153 | shall annually certify its business activities by filing a |
| 154 | disclosure statement with the department that accurately |
| 155 | represents the scope of the seller's business activities |
| 156 | according to the criteria provided in either paragraph (a), |
| 157 | paragraph (b), or paragraph (c). |
| 158 | (2)(a) If a certifying party changes the scope of the |
| 159 | business activities certified pursuant to subsection (1), the |
| 160 | certifying party shall file the following with the department no |
| 161 | later than 15 days from the change in activities: |
| 162 | 1. An amended certificate pursuant to subsection (1); and |
| 163 | 2. The applicable registration fee pursuant to s. 559.928. |
| 164 | (b) Within 15 days of filing the amended certificate, the |
| 165 | certifying party shall provide the department with a bond in the |
| 166 | proper amount for the certified business activity pursuant to s. |
| 167 | 559.929. |
| 168 | (3) The department shall specify by rule the form of each |
| 169 | certification under this section, which shall include the |
| 170 | following information: |
| 171 | (a) The legal name, any trade names or fictitious names, |
| 172 | mailing address, physical address, telephone number or numbers, |
| 173 | fax number or numbers, all Internet and electronic contact |
| 174 | information, and registration number, if applicable, of the |
| 175 | certifying party. |
| 176 | (b) Each terrorist state with which the certifying party |
| 177 | engages in any business or commerce. |
| 178 | (c) The legal name, any trade names or fictitious names, |
| 179 | mailing address, physical address, telephone number or numbers, |
| 180 | fax number or numbers, and all Internet and electronic contact |
| 181 | information of every other entity with which the certifying |
| 182 | party engages in business or commerce that is related in any way |
| 183 | to the certifying party's business or commerce with any |
| 184 | terrorist state. |
| 185 | (d) The type of all prearranged travel, tourist-related |
| 186 | services, or tour-guide services the certifying party offers for |
| 187 | sale to individuals or groups traveling directly to any |
| 188 | terrorist state and which originate in Florida, and the |
| 189 | frequency with which such services are offered. |
| 190 | Section 4. Section 559.929, Florida Statutes, is amended |
| 191 | to read: |
| 192 | 559.929 Security requirements.-- |
| 193 | (1) An application must be accompanied by a performance |
| 194 | bond in an amount set by the department under paragraph (a), |
| 195 | paragraph (b), or paragraph (c) not to exceed $25,000, or in the |
| 196 | amount of $50,000 if the seller of travel is offering vacation |
| 197 | certificates. The surety on such bond shall be a surety company |
| 198 | authorized to do business in the state. |
| 199 | (a) Each seller of travel which certifies its business |
| 200 | activities under s. 559.9285(1)(a) shall provide a performance |
| 201 | bond in an amount not to exceed $25,000, or in the amount of |
| 202 | $50,000 if the seller of travel is offering vacation |
| 203 | certificates. |
| 204 | (b) Each seller of travel which certifies its business |
| 205 | activities under s. 559.9285(1)(b) shall provide a performance |
| 206 | bond in an amount not to exceed $100,000, or in the amount of |
| 207 | $150,000 if the seller of travel is offering vacation |
| 208 | certificates. |
| 209 | (c) Each seller of travel which certifies its business |
| 210 | activities under s. 559.9285(1)(c) shall provide a performance |
| 211 | bond in an amount not to exceed $250,000, or in the amount of |
| 212 | $300,000 if the seller of travel is offering vacation |
| 213 | certificates. |
| 214 | (2) In lieu of the performance bond required in this part, |
| 215 | a registrant or applicant for registration may establish a |
| 216 | certificate of deposit or an irrevocable letter of credit in a |
| 217 | Florida banking institution in the amount of the performance |
| 218 | bond. The department shall be the beneficiary to this |
| 219 | certificate of deposit, and the original shall be filed with the |
| 220 | department. Any such letter of credit shall provide that the |
| 221 | issuer will give the department not less than 120 days written |
| 222 | notice prior to terminating or refusing to renew the letter of |
| 223 | credit. |
| 224 | (2)(3) The bond, letter of credit, or certificate of |
| 225 | deposit shall be in favor of the department for the use and |
| 226 | benefit of any traveler who is injured by the fraud, |
| 227 | misrepresentation, breach of contract, financial failure, or |
| 228 | violation of any provision of this part by the seller of travel. |
| 229 | Such liability may be enforced either by proceeding in an |
| 230 | administrative action as specified in subsection (3)(4) or by |
| 231 | filing a judicial suit at law in a court of competent |
| 232 | jurisdiction. However, in such court suit the bond, letter of |
| 233 | credit, or certificate of deposit posted with the department |
| 234 | shall not be amenable or subject to any judgment or other legal |
| 235 | process issuing out of or from such court in connection with |
| 236 | such lawsuit, but such bond, letter of credit, or certificate of |
| 237 | deposit shall be amenable to and enforceable only by and through |
| 238 | administrative proceedings before the department. It is the |
| 239 | intent of the Legislature that such bond, letter of credit, or |
| 240 | certificate of deposit shall be applicable and liable only for |
| 241 | the payment of claims duly adjudicated by order of the |
| 242 | department. The bond, letter of credit, or certificate of |
| 243 | deposit shall be open to successive claims, but the aggregate |
| 244 | amount may not exceed the amount of the bond, letter of credit, |
| 245 | or certificate of deposit. In addition to the foregoing, a bond |
| 246 | provided by a registrant or applicant for registration which |
| 247 | certifies its business activities under s. 559.9285(1)(b) or (c) |
| 248 | shall be in favor of the department, with payment in the |
| 249 | following order of priority: |
| 250 | (a) All expenses for prosecuting the registrant or |
| 251 | applicant in any administrative or civil action under this part, |
| 252 | including fees for attorneys and other professionals, court |
| 253 | costs or other costs of the proceedings, and all other expenses |
| 254 | incidental to the action. |
| 255 | (b) All costs and expenses of investigation prior to the |
| 256 | commencement of an administrative or civil action under this |
| 257 | part. |
| 258 | (c) Any unpaid administrative fine imposed by final order |
| 259 | or any unpaid civil penalty imposed by final judgment under this |
| 260 | part. |
| 261 | (d) Damages or compensation for any traveler injured as |
| 262 | provided in this subsection. |
| 263 | (3)(4) Any traveler may file a claim against the bond, |
| 264 | letter of credit, or certificate of deposit which shall be made |
| 265 | in writing to the department within 120 days after an alleged |
| 266 | injury has occurred or is discovered to have occurred. The |
| 267 | proceedings shall be held in accordance with ss. 120.569 and |
| 268 | 120.57. |
| 269 | (4)(5) In any situation in which the seller of travel is |
| 270 | currently the subject of an administrative, civil, or criminal |
| 271 | action by either the department, the Department of Legal |
| 272 | Affairs, or the state attorney concerning compliance with this |
| 273 | part, the right to proceed against the bond, letter of credit, |
| 274 | or certificate of deposit, as provided in subsection (3)(4), |
| 275 | shall be suspended until after any enforcement action becomes |
| 276 | final. |
| 277 | (5)(6) The department may waive the bond, letter of |
| 278 | credit, or certificate of deposit requirement on an annual basis |
| 279 | if the seller of travel has had 5 or more consecutive years of |
| 280 | experience as a seller of travel in Florida in compliance with |
| 281 | this part, has not had any civil, criminal, or administrative |
| 282 | action instituted against the seller of travel in the vacation |
| 283 | and travel business by any governmental agency or any action |
| 284 | involving fraud, theft, misappropriation of property, violation |
| 285 | of any statute pertaining to business or commerce with any |
| 286 | terrorist state, or moral turpitude, and has a satisfactory |
| 287 | consumer complaint history with the department, and certifies |
| 288 | its business activities under s. 559.9285. Such waiver may be |
| 289 | revoked if the seller of travel violates any provision of this |
| 290 | part. A seller of travel which certifies its business activities |
| 291 | under s. 559.9285(1)(b) or (c) shall not be entitled to the |
| 292 | waiver provided in this subsection. |
| 293 | Section 5. Subsection (2) of section 559.9335, Florida |
| 294 | Statutes, is amended, subsections (22), (23), and (24) are |
| 295 | renumbered as subsections (24), (25), and (26), respectively, |
| 296 | and new subsections (22) and (23) are added to that section, to |
| 297 | read: |
| 298 | 559.9335 Violations.--It is a violation of this part for |
| 299 | any person: |
| 300 | (2) To conduct business as a seller of travel without an |
| 301 | annual purchase of a performance bond or establishment of a |
| 302 | letter of credit or certificate of deposit in the amount set by |
| 303 | the department unless exempt pursuant to s. 559.935. |
| 304 | (22) To offer to sell, at wholesale or retail, prearranged |
| 305 | travel, tourist-related services, or tour-guide services for |
| 306 | individuals or groups directly to any terrorist state and which |
| 307 | originate in Florida, without disclosing such business |
| 308 | activities in a certification filed under s. 559.9285(1)(b) or |
| 309 | (c). |
| 310 | (23) To violate any state or federal law restricting or |
| 311 | prohibiting commerce with terrorist states. |
| 312 | Section 6. Subsections (2), (3), and (4) of section |
| 313 | 559.935, Florida Statutes, are amended to read: |
| 314 | 559.935 Exemptions.-- |
| 315 | (2) Sections 559.928, 559.929, 559.9295, 559.931, and |
| 316 | 559.932 shall not apply to: |
| 317 | (a) Sellers of travel directly issuing airline tickets who |
| 318 | have contracted with the Airlines Reporting Corporation for the |
| 319 | most recent consecutive 3 years or more under the same ownership |
| 320 | and control, and who do not offer vacation certificates, and who |
| 321 | annually certify their business activities under s. |
| 322 | 559.9285(1)(a).; or |
| 323 | (b) Sellers of travel offering vacation certificates who |
| 324 | have contracted with the Airlines Reporting Corporation for the |
| 325 | most recent consecutive 5 years or more under the same ownership |
| 326 | and control and who annually certify their business activities |
| 327 | under s. 559.9285(1)(a). |
| 328 |
|
| 329 | This exemption does not apply to sellers of travel certifying |
| 330 | their business activities under s. 559.9285(1)(b) or (c). |
| 331 | (3) Sections 559.928, 559.929, 559.9295, 559.931, and |
| 332 | 559.932 shall also not apply to a seller of travel that is an |
| 333 | affiliate of an entity exempt pursuant to subsection (2) subject |
| 334 | to the following conditions: |
| 335 | (a) In the event the department finds the affiliate does |
| 336 | not have a satisfactory consumer complaint history or the |
| 337 | affiliate fails to respond to a consumer complaint within 30 |
| 338 | days, the related seller of travel exempt pursuant to subsection |
| 339 | (2) shall be liable for the actions of the affiliate, subject to |
| 340 | the remedies provided in ss. 559.9355 and 559.936. |
| 341 | (b) In the event the department is unable to locate an |
| 342 | affiliate, the related seller of travel exempt pursuant to |
| 343 | subsection (2) shall be fully liable for the actions of the |
| 344 | affiliate, subject to the remedies provided in ss. 559.9355 and |
| 345 | 559.936. |
| 346 | (c) In order to obtain an exemption under this subsection, |
| 347 | the affiliate shall file an affidavit of exemption on a form |
| 348 | prescribed by the department and shall certify its business |
| 349 | activities under s. 559.9285(1)(a). The affidavit of exemption |
| 350 | shall be executed by a person who exercises identical control |
| 351 | over the seller of travel exempt pursuant to subsection (2) and |
| 352 | the affiliate. Failure to file an affidavit of exemption or |
| 353 | certification under s. 559.9285(1)(a) prior to engaging in |
| 354 | seller of travel activities shall subject the affiliate to the |
| 355 | remedies provided in ss. 559.9355 and 559.936. |
| 356 | (d) Revocation by the department of an exemption provided |
| 357 | to a seller of travel under subsection (2) shall constitute |
| 358 | automatic revocation by law of an exemption obtained by an |
| 359 | affiliate under the subsection. |
| 360 | (e) This subsection shall not apply to: |
| 361 | 1. An affiliate that independently qualifies for another |
| 362 | exemption under this section s. 559.935. |
| 363 | 2. An affiliate that sells, or offers for sale, vacation |
| 364 | certificates. |
| 365 | 3. An affiliate that certifies its business activities |
| 366 | under s. 559.9285(1)(b) or (c). |
| 367 | (f) For purposes of this section, an "affiliate" means an |
| 368 | entity that meets the following: |
| 369 | 1. The entity has the identical ownership as the seller of |
| 370 | travel that is exempt under subsection (2). |
| 371 | 2. The ownership controlling the seller of travel that is |
| 372 | exempt under subsection (2) also exercises identical control |
| 373 | over the entity. |
| 374 | 3. The owners of the affiliate hold the identical |
| 375 | percentage of voting shares as they hold in the seller of travel |
| 376 | that is exempt under subsection (2). |
| 377 | (4) The department may revoke the exemption provided in |
| 378 | subsection (2) or subsection (3) if the department finds that |
| 379 | the seller of travel does not have a satisfactory consumer |
| 380 | complaint history, has been convicted of a crime involving |
| 381 | fraud, theft, misappropriation of property, deceptive or unfair |
| 382 | trade practices, or moral turpitude, or has not complied with |
| 383 | the terms of any order or settlement agreement arising out of an |
| 384 | administrative or enforcement action brought by a governmental |
| 385 | agency or private person based on conduct involving fraud, |
| 386 | theft, misappropriation of property, deceptive or unfair trade |
| 387 | practices, or moral turpitude. |
| 388 | Section 7. Section 559.9355, Florida Statutes, is amended |
| 389 | to read: |
| 390 | 559.9355 Administrative remedies; penalties.-- |
| 391 | (1) The department may enter an order doing one or more of |
| 392 | the following if the department finds that a person has violated |
| 393 | or is operating in violation of any of the provisions of this |
| 394 | part or the rules or orders issued thereunder: |
| 395 | (a) Issuing a notice of noncompliance pursuant to s. |
| 396 | 120.695. |
| 397 | (b) Imposing an administrative fine not to exceed $5,000 |
| 398 | for each act or omission. |
| 399 | (c) Imposing an administrative fine not to exceed $10,000 |
| 400 | for each act or omission in violation of s. 559.9335(22) or |
| 401 | (23). |
| 402 | (d)(c) Directing that the person cease and desist |
| 403 | specified activities. |
| 404 | (e)(d) Refusing to register or canceling or suspending a |
| 405 | registration. |
| 406 | (f)(e) Placing the registrant on probation for a period of |
| 407 | time, subject to such conditions as the department may specify. |
| 408 | (g)(f) Canceling an exemption granted under s. 559.935. |
| 409 | (2) The administrative proceedings which could result in |
| 410 | the entry of an order imposing any of the penalties specified in |
| 411 | subsection (1) are governed by chapter 120. |
| 412 | (3) The department has the authority to adopt rules |
| 413 | pursuant to chapter 120 to implement this section and ss. |
| 414 | 559.928, 559.929, 559.934, and 559.935. |
| 415 | Section 8. Subsections (3) through (6) of section 559.936, |
| 416 | Florida Statutes, are renumbered as subsections (4) through (7), |
| 417 | respectively, and a new subsection (3) is added to that section |
| 418 | to read: |
| 419 | 559.936 Civil penalties; remedies.-- |
| 420 | (3) The department may seek a civil penalty of up to |
| 421 | $10,000 for each act or omission in violation of s. 559.9335(22) |
| 422 | or (23). |
| 423 | Section 9. Section 559.937, Florida Statutes, is amended |
| 424 | to read: |
| 425 | 559.937 Criminal penalties.-- Any person or business that |
| 426 | which violates this part: |
| 427 | (1) Commits a misdemeanor of the first degree, punishable |
| 428 | as provided in s. 775.082 or s. 775.083. |
| 429 | (2) Which violation directly or indirectly pertains to an |
| 430 | offer to sell, at wholesale or retail, prearranged travel, |
| 431 | tourist-related services, or tour-guide services for individuals |
| 432 | or groups directly to any terrorist state and which originate in |
| 433 | Florida, commits a felony of the third degree, punishable as |
| 434 | provided in s. 775.082 or s. 775.083. |
| 435 | Section 10. This act shall take effect July 1, 2008. |