| 1 | A bill to be entitled |
| 2 | An act relating to tour-guide services; providing that the |
| 3 | regulation of tour-guide services in this state is solely |
| 4 | the responsibility of the respective counties; amending s. |
| 5 | 559.927, F.S.; revising definitions, to conform; amending |
| 6 | s. 559.9285, F.S.; deleting references to tour-guide |
| 7 | services in provisions relating to the certification of |
| 8 | businesses; amending s. 559.9335, F.S.; deleting |
| 9 | references to tour-guide services in provisions relating |
| 10 | to violations; amending s. 559.937, F.S.; deleting |
| 11 | references to tour-guide services in provisions relating |
| 12 | to criminal penalties; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. The regulation of tour-guide services in this |
| 17 | state is solely the responsibility of the respective counties. |
| 18 | Section 2. Subsections (7), (8), (10), (11), and (13) of |
| 19 | section 559.927, Florida Statutes, are amended to read: |
| 20 | 559.927 Definitions.-For the purposes of this part, the |
| 21 | term: |
| 22 | (7) "Prearranged travel or, tourist-related services, or |
| 23 | tour-guide services" includes, but is not limited to, car |
| 24 | rentals, lodging, transfers, and sightseeing tours and all other |
| 25 | such services that which are reasonably related to air, sea, |
| 26 | rail, motor coach, or other medium of transportation, or |
| 27 | accommodations for which a purchaser receives a premium or |
| 28 | contracts or pays prior to or after departure. These terms also |
| 29 | include services for which a purchaser, whose legal residence is |
| 30 | outside the United States, contracts or pays prior to departure, |
| 31 | and any arrangement by which a purchaser prepays for, receives a |
| 32 | reservation or any other commitment to provide services prior to |
| 33 | departure for, or otherwise arranges for travel directly to a |
| 34 | terrorist state and which originates in Florida. |
| 35 | (8) "Purchaser" means the purchaser of, or person |
| 36 | otherwise entitled to receive, prearranged travel or, tourist- |
| 37 | related services, or tour-guide services, for a fee or |
| 38 | commission, or who has acquired a vacation certificate for |
| 39 | personal use. |
| 40 | (10) "Satisfactory consumer complaint history" means no |
| 41 | unresolved complaints regarding prearranged travel or, tourist- |
| 42 | related services, or tour-guide services are on file with the |
| 43 | department. A complaint is unresolved when a seller of travel |
| 44 | does not respond to the department's efforts to mediate the |
| 45 | complaint or a complaint where the department has determined |
| 46 | that a violation of this part has occurred and the complaint has |
| 47 | not been satisfied by the seller of travel. |
| 48 | (11) "Seller of travel" means any resident or nonresident |
| 49 | person, firm, corporation, or business entity who offers for |
| 50 | sale, directly or indirectly, at wholesale or retail, |
| 51 | prearranged travel or, tourist-related services, or tour-guide |
| 52 | services for individuals or groups, including, but not limited |
| 53 | to, vacation or tour packages, or vacation certificates in |
| 54 | exchange for a fee, commission, or other valuable consideration. |
| 55 | The term includes any business entity offering membership in a |
| 56 | travel club or travel services for an advance fee or payment, |
| 57 | even if no travel contracts or certificates or vacation or tour |
| 58 | packages are sold by the business entity. |
| 59 | (13) "Vacation certificate" means any arrangement, plan, |
| 60 | program, or vacation package that promotes, discusses, or |
| 61 | discloses a destination or itinerary or type of travel, whereby |
| 62 | a purchaser for consideration paid in advance is entitled to the |
| 63 | use of travel, accommodations, or facilities for any number of |
| 64 | days, whether certain or uncertain, during the period in which |
| 65 | the certificate can be exercised, and no specific date or dates |
| 66 | for its use are designated. A vacation certificate does not |
| 67 | include prearranged travel or, tourist-related services, or |
| 68 | tour-guide services when a seller of travel remits full payment |
| 69 | for the cost of such services to the provider or supplier within |
| 70 | 10 business days of the purchaser's initial payment to the |
| 71 | seller of travel. |
| 72 | Section 3. Subsection (1) and paragraph (d) of subsection |
| 73 | (3) of section 559.9285, Florida Statutes, are amended to read: |
| 74 | 559.9285 Certification of business activities.- |
| 75 | (1) Each certifying party, as defined in s. 559.927(2): |
| 76 | (a) Which does not offer for sale, at wholesale or retail, |
| 77 | prearranged travel or, tourist-related services, or tour-guide |
| 78 | services for individuals or groups directly to any terrorist |
| 79 | state and which originate in Florida; |
| 80 | (b) Which offers for sale, at wholesale or retail, only |
| 81 | prearranged travel or, tourist-related services, or tour-guide |
| 82 | services for individuals or groups directly to any terrorist |
| 83 | state and which originate in Florida, but engages in no other |
| 84 | business dealings or commerce with any terrorist state; or |
| 85 | (c) Which offers for sale, at wholesale or retail, |
| 86 | prearranged travel or, tourist-related services, or tour-guide |
| 87 | services for individuals or groups directly to any terrorist |
| 88 | state and which originate in Florida, and also engages in any |
| 89 | other business dealings or commerce with any terrorist state, |
| 90 |
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| 91 | shall annually certify its business activities by filing a |
| 92 | disclosure statement with the department which accurately |
| 93 | represents the scope of the seller's business activities |
| 94 | according to the criteria provided in paragraph (a), paragraph |
| 95 | (b), or paragraph (c). |
| 96 | (3) The department shall specify by rule the form of each |
| 97 | certification under this section which shall include the |
| 98 | following information: |
| 99 | (d) The type of all prearranged travel or, tourist-related |
| 100 | services, or tour-guide services that the certifying party |
| 101 | offers for sale to individuals or groups traveling directly to |
| 102 | any terrorist state and that originate in Florida, and the |
| 103 | frequency with which such services are offered. |
| 104 | Section 4. Subsection (22) of section 559.9335, Florida |
| 105 | Statutes, is amended to read: |
| 106 | 559.9335 Violations.-It is a violation of this part for |
| 107 | any person: |
| 108 | (22) To offer to sell, at wholesale or retail, prearranged |
| 109 | travel or, tourist-related services, or tour-guide services for |
| 110 | individuals or groups directly to any terrorist state and which |
| 111 | originate in Florida, without disclosing such business |
| 112 | activities in a certification filed under s. 559.9285(1)(b) or |
| 113 | (c). |
| 114 | Section 5. Section 559.937, Florida Statutes, is amended |
| 115 | to read: |
| 116 | 559.937 Criminal penalties.-Any person or business that |
| 117 | violates this part: |
| 118 | (1) Commits a misdemeanor of the first degree, punishable |
| 119 | as provided in s. 775.082 or s. 775.083. |
| 120 | (2) Which violation directly or indirectly pertains to an |
| 121 | offer to sell, at wholesale or retail, prearranged travel or, |
| 122 | tourist-related services, or tour-guide services for individuals |
| 123 | or groups directly to any terrorist state and which originate in |
| 124 | Florida, commits a felony of the third degree, punishable as |
| 125 | provided in s. 775.082 or s. 775.083. |
| 126 | Section 6. This act shall take effect July 1, 2011. |