Florida Senate - 2010 SB 2516
By Senator Baker
20-01826-10 20102516__
1 A bill to be entitled
2 An act relating to sellers of travel; amending s.
3 559.927, F.S.; clarifying the definition of
4 “prearranged travel, tourist-related services, or tour
5 guide services”; amending s. 559.9285, F.S.;
6 clarifying provisions that categorize the scope of
7 activities of sellers of travel who are certifying
8 parties; amending s. 559.9335, F.S.; clarifying
9 provisions providing that it is a violation of the
10 Florida Sellers of Travel Act to offer to sell to
11 individuals or groups, at wholesale or retail,
12 prearranged travel that originates in Florida and the
13 direct destination of which is any terrorist state, or
14 prearranged tourist-related services or tour-guide
15 services that originate in Florida and that are
16 related to direct travel to any terrorist state or
17 that are for consumption in any terrorist state
18 following travel directly thereto by the purchaser or
19 purchasers of such services, without disclosing the
20 business activities in the required filing of a
21 certification; amending s. 559.937, F.S.; clarifying
22 provisions providing a criminal penalty for a
23 violation of the Florida Sellers of Travel Act by any
24 person or business which directly or indirectly
25 pertains to an offer to sell to individuals or groups,
26 at wholesale or retail, prearranged travel that
27 originates in Florida and the direct destination of
28 which is any terrorist state, or prearranged tourist
29 related services or tour-guide services that originate
30 in Florida and that are related to direct travel to
31 any terrorist state or that are for consumption in any
32 terrorist state following travel directly thereto by
33 the purchaser or purchasers of such services;
34 reenacting ss. 559.9355(1)(c) and 559.936(3), F.S.,
35 which impose administrative fines and civil penalties
36 for violations of the Florida Sellers of Travel Act,
37 respectively, for the purpose of incorporating the
38 amendments to s. 559.9335, F.S., in references
39 thereto; providing an effective date.
40
41 Be It Enacted by the Legislature of the State of Florida:
42
43 Section 1. Subsection (7) of section 559.927, Florida
44 Statutes, is amended to read:
45 559.927 Definitions.—For the purposes of this part, the
46 term:
47 (7)(a) “Prearranged travel, tourist-related services, or
48 tour-guide services” includes, but is not limited to, car
49 rentals, lodging, transfers, and sightseeing tours and all other
50 such services which are reasonably related to air, sea, rail,
51 motor coach, or other medium of transportation, or
52 accommodations for which a purchaser receives a premium or
53 contracts or pays prior to or after departure.
54 (b) “Prearranged travel, tourist-related services, or tour
55 guide services” These terms also includes: include
56 1. Services for which a purchaser, whose legal residence is
57 outside the United States, contracts or pays prior to departure,
58 for travel that originates in Florida and the direct destination
59 of which is a terrorist state; and
60 2. Any arrangement by which a purchaser prepays for,
61 receives a reservation or any other commitment to provide
62 services prior to departure for, or otherwise arranges for
63 travel that directly to a terrorist state and which originates
64 in Florida and the direct destination of which is a terrorist
65 state.
66 Section 2. Subsection (1) and paragraph (d) of subsection
67 (3) of section 559.9285, Florida Statutes, are amended to read:
68 559.9285 Certification of business activities.—
69 (1) Each certifying party, as defined in s. 559.927(2):
70 (a) Which does not offer for sale, at wholesale or retail:,
71 1. Prearranged travel that originates, tourist-related
72 services, or tour-guide services for individuals or groups
73 directly to any terrorist state and which originate in Florida
74 and the direct destination of which is any terrorist state; or
75 2. Prearranged tourist-related services or tour-guide
76 services that originate in Florida and that are related to
77 direct travel to any terrorist state or that are for consumption
78 in any terrorist state following travel directly thereto by the
79 purchaser or purchasers of such services;
80 (b) Which offers for sale only to individuals or groups, at
81 wholesale or retail:, only
82 1. Prearranged travel that originates, tourist-related
83 services, or tour-guide services for individuals or groups
84 directly to any terrorist state and which originate in Florida
85 and the direct destination of which is any terrorist state; or
86 2. Prearranged tourist-related services or tour-guide
87 services that originate in Florida and that are related to
88 direct travel to any terrorist state or that are for consumption
89 in any terrorist state following travel directly thereto by the
90 purchaser or purchasers of the services,
91
92 but engages in no other business dealings or commerce with any
93 terrorist state; or
94 (c) Which offers for sale to individuals or groups, at
95 wholesale or retail:,
96 1. Prearranged travel that originates, tourist-related
97 services, or tour-guide services for individuals or groups
98 directly to any terrorist state and which originate in Florida
99 and the direct destination of which is any terrorist state; or
100 2. Prearranged tourist-related services or tour-guide
101 services that originate in Florida and that are related to
102 direct travel to any terrorist state or that are for consumption
103 in any terrorist state following travel directly thereto by the
104 purchaser or purchasers of such services,
105
106 and also engages in any other business dealings or commerce with
107 any terrorist state,
108
109 shall annually certify its business activities by filing a
110 disclosure statement with the department which accurately
111 represents the scope of the seller’s business activities
112 according to the criteria provided in paragraph (a), paragraph
113 (b), or paragraph (c).
114 (3) The department shall specify by rule the form of each
115 certification under this section which shall include the
116 following information:
117 (d) The type of all:
118 1. Prearranged travel that originates in Florida and the
119 direct destination of which is any terrorist state; or,
120 2. Prearranged tourist-related services, or tour-guide
121 services that originate in Florida and that are related to
122 direct travel to any terrorist state or that are for consumption
123 in any terrorist state following travel directly thereto by the
124 purchaser or purchasers of such services,
125
126 that the certifying party offers for sale to individuals or
127 groups traveling directly to any terrorist state and that
128 originate in Florida, and the frequency with which such travel
129 and services are offered.
130 Section 3. Subsection (22) of section 559.9335, Florida
131 Statutes, is amended to read:
132 559.9335 Violations.—It is a violation of this part for any
133 person:
134 (22) To offer to sell to individuals or groups, at
135 wholesale or retail:,
136 (a) Prearranged travel that originates in Florida and the
137 direct destination of which is any terrorist state; or,
138 (b) Prearranged tourist-related services, or tour-guide
139 services that originate in Florida and that are related to
140 direct travel for individuals or groups directly to any
141 terrorist state or that are for consumption in any terrorist
142 state following travel directly thereto by the purchaser or
143 purchasers of such services and which originate in Florida,
144
145 without disclosing such business activities in a certification
146 filed under s. 559.9285(1)(b) or (c).
147 Section 4. Subsection (2) of section 559.937, Florida
148 Statutes, is amended to read:
149 559.937 Criminal penalties.—Any person or business that
150 violates this part:
151 (2) Which violation directly or indirectly pertains to an
152 offer to sell to individuals or groups, at wholesale or retail:,
153 (a) Prearranged travel that originates in Florida and the
154 direct destination of which is any terrorist state; or,
155 (b) Prearranged tourist-related services, or tour-guide
156 services that for individuals or groups directly to any
157 terrorist state and which originate in Florida and that are
158 related to direct travel to any terrorist state or that are for
159 consumption in any terrorist state following travel directly
160 thereto by the purchaser or purchasers of such services,
161
162 commits a felony of the third degree, punishable as provided in
163 s. 775.082 or s. 775.083.
164 Section 5. For the purpose of incorporating the amendment
165 made by this act to section 559.9335, Florida Statutes, in a
166 reference thereto, paragraph (c) of subsection (1) of section
167 559.9355, Florida Statutes, is reenacted to read:
168 559.9355 Administrative remedies; penalties.—
169 (1) The department may enter an order doing one or more of
170 the following if the department finds that a person has violated
171 or is operating in violation of any of the provisions of this
172 part or the rules or orders issued thereunder:
173 (c) Imposing an administrative fine not to exceed $10,000
174 for each act or omission in violation of s. 559.9335(22) or
175 (23).
176 Section 6. For the purpose of incorporating the amendment
177 made by this act to section 559.9335, Florida Statutes, in a
178 reference thereto, subsection (3) of section 559.936, Florida
179 Statutes, is reenacted to read:
180 559.936 Civil penalties; remedies.—
181 (3) The department may seek a civil penalty of up to
182 $10,000 for each act or omission in violation of s. 559.9335(22)
183 or (23).
184 Section 7. This act shall take effect July 1, 2010.