CS/CS/HB 1277

1	A bill to be entitled
2	An act relating to sellers of travel; amending s. 559.935,
3	F.S.; providing that exemptions to pt. XI of ch. 559,
4	F.S., the Florida Sellers of Travel Act, do not apply to
5	sellers of travel offering or selling prearranged travel,
6	tourist-related services, or tour-guide services to any
7	person traveling directly from Florida to a terrorist
8	nation; providing a definition; providing for retroactive
9	and prospective application of the act; providing an
10	effective date.
11
12	WHEREAS, on April 14, 2009, the United States District
13	Court for the Southern District of Florida in ABC Charters,
14	Inc., et al., v. Charles H. Bronson, in his official capacity as
15	Commissioner of Agriculture (No. 08-21865-CIV.), reported at
16	2009 WL 1010435 (S.D.Fla.), 21 Fla. L. Weekly Fed. E 653,
17	entered a declaratory judgment in favor of plaintiff, ABC
18	Charters, Inc., holding that the amendments to the "Florida
19	Sellers of Travel Act" made by Senate Bill 1310, Chapter 2008-
20	214, Laws of Florida, are unconstitutional, and
21	WHEREAS, the Federal District Court found that the 2008
22	Travel Act amendments are unconstitutional insofar as they are
23	preempted by federal law and violate the Federal Government's
24	foreign affairs power, the Foreign Commerce Clause, and the
25	Interstate Commerce Clause, and
26	WHEREAS, the court also permanently enjoined the Florida
27	Department of Agriculture and Consumer Services from enforcing
28	the 2008 Travel Act amendments, but also held that the Florida
29	Sellers of Travel Act otherwise remains unaffected by the
30	court's order, and
31	WHEREAS, the court confined its order to the injunction
32	against enforcement of the 2008 legislation which amended the
33	Florida Sellers of Travel Act and gave leave to the Florida
34	Legislature to act in accordance with the court's order in
35	respect to future proposed amendments to the Florida Sellers of
36	Travel Act, and
37	WHEREAS, the Legislature finds that the enforceability of
38	the Florida Sellers of Travel Act, as it existed prior to the
39	enactment of the 2008 Travel Act amendments, remains a
40	responsibility of the Department of Agriculture and Consumer
41	Services, and
42	WHEREAS, the Legislature finds that sellers of travel who
43	provide services to persons traveling directly from Florida to a
44	"terrorist nation" should, at a minimum, be required to register
45	with the Florida Department of Agriculture and Consumer Services
46	and be subject to the same fees and bonding requirements that
47	are applicable to other sellers of travel, as well as the same
48	requirements related to the submission of information, the
49	disclosure of information, and the maintenance of records, and
50	WHEREAS, the Legislature further finds it necessary to
51	amend the Florida Sellers of Travel Act to ensure that sellers
52	of travel who provide services to persons traveling directly
53	from Florida to a terrorist nation are not exempt from having to
54	meet such requirements under the Florida Sellers of Travel Act
55	as it existed prior to the passage of the 2008 Travel Act
56	amendments, and
57	WHEREAS, the Legislature recognizes that by precluding
58	sellers of travel who provide services to persons traveling
59	directly from Florida to a terrorist nation from claiming an
60	exemption, such sellers of travel will be effectively denied an
61	exemption that may be available to other sellers of travel, and
62	that might otherwise be available to them but for the fact that
63	they provide travel services to persons traveling directly from
64	Florida to a terrorist nation, and
65	WHEREAS, notwithstanding the aforementioned recognition,
66	the Legislature further finds that, in order to protect
67	consumers and to provide a modicum of safety to its citizens, it
68	is necessary and altogether prudent and rational to distinguish
69	sellers of travel who provide services to persons traveling
70	directly from Florida to a terrorist nation from other sellers
71	of travel in regard to the availability of exemptions from
72	registration, and that to do so creates a small burden upon them
73	and does not infringe upon or conflict in any way with federal
74	policy or regulation of such sellers of travel, NOW, THEREFORE,
75
76	Be It Enacted by the Legislature of the State of Florida:
77
78	Section 1.  Subsection (7) is added to section 559.935,
79	Florida Statutes, to read:
80	559.935  Exemptions.-
81	(7)  The exemptions provided in this section do not apply
82	to a seller of travel offering or selling prearranged travel,
83	tourist-related services, or tour-guide services to any person
84	traveling directly from Florida to a terrorist nation.
85	"Terrorist nation" means any state, country, or nation
86	designated by the United States Department of State as a state
87	sponsor of terrorism.
88	Section 2.  This act shall take effect July 1, 2010, and
89	shall apply to part XI of chapter 559, Florida Statutes, the
90	Florida Sellers of Travel Act, as it existed prior to July 1,
91	2008, except that this act shall also apply to any sections of
92	part XI of chapter 559, Florida Statutes, amended or created on
93	or after July 1, 2008, other than sections of part XI of chapter
94	559, Florida Statutes, amended or created by chapter 2008-214,
95	Laws of Florida.

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