Bill Text: FL S2516 | 2010 | Regular Session | Comm Sub
Bill Title: Sellers of Travel [CPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S2516 Detail]
Download: Florida-2010-S2516-Comm_Sub.html
Florida Senate - 2010 CS for SB 2516 By the Committee on Commerce; and Senator Baker 577-04364-10 20102516c1 1 A bill to be entitled 2 An act relating to sellers of travel; amending s. 3 559.935, F.S.; providing that exemptions do not apply 4 to sellers of travel of specified services to 5 terrorist nations; providing a definition; providing 6 for application of the act; providing an effective 7 date. 8 9 WHEREAS, on April 14, 2009, the United States District 10 Court for the Southern District of Florida in ABC Charters, 11 Inc., et al., v. Charles H. Bronson, in his official capacity as 12 Commissioner of Agriculture (No. 08-21865-CIV.) reported at 2009 13 WL 1010435 (S.D.Fla.), 21 Fla. L. Weekly Fed. E 653, entered a 14 declaratory judgment in favor of plaintiff, ABC Charters, Inc., 15 holding that the amendments to the Florida Sellers of Travel Act 16 made by Senate Bill 1310, chapter 2008-214, Laws of Florida, are 17 unconstitutional, and 18 WHEREAS, the Federal District Court found that the 2008 19 Travel Act Amendments are unconstitutional insofar as they are 20 preempted by federal law and violate the Federal Government’s 21 foreign affairs power, the Foreign Commerce Clause, and the 22 Interstate Commerce Clause, and 23 WHEREAS, the Court also permanently enjoined the Florida 24 Department of Agriculture and Consumer Services from enforcing 25 the 2008 Travel Act Amendments, but also held that the Florida 26 Sellers of Travel Act otherwise remains unaffected by the 27 Court’s Order, and 28 WHEREAS, the Court confined its order to the injunction 29 against enforcement of the 2008 legislation, which amended the 30 Florida Sellers of Travel Act and gave leave to the Florida 31 Legislature to act in accordance with the Court’s order in 32 respect to future proposed amendments to the Florida Sellers of 33 Travel Act, and 34 WHEREAS, the Legislature finds that the enforceability of 35 the Florida Sellers of Travel Act, as it existed prior to the 36 enactment of the 2008 Travel Act Amendments, remains a 37 responsibility of the Department of Agriculture and Consumer 38 Services, and 39 WHEREAS, the Legislature finds that sellers of travel who 40 provide services to persons traveling directly from Florida to a 41 “Terrorist Nation” should, at a minimum, be required to register 42 with the Florida Department of Agriculture and Consumer Services 43 and be subject to the same fees and bonding requirements that 44 are applicable to other sellers of travel, as well as the same 45 requirements related to the submission of information, the 46 disclosure of information, and the maintenance of records, and 47 WHEREAS, the Legislature further finds it necessary to 48 amend the Florida Sellers of Travel Act to ensure that sellers 49 of travel who provide services to persons traveling directly 50 from Florida to a “Terrorist Nation” are not exempt from having 51 to meet such requirements under the Florida Sellers of Travel 52 Act, as it existed prior to the 2008 Travel Act Amendments, and 53 WHEREAS, the Legislature recognizes that by precluding 54 sellers of travel who provide services to persons traveling 55 directly from Florida to a “Terrorist Nation” from claiming an 56 exemption, such sellers of travel will be effectively denied an 57 exemption that may be available to other sellers of travel, and 58 that might otherwise be available to them but for the fact that 59 they provide travel services to persons traveling directly from 60 Florida to a “Terrorist Nation,” and 61 WHEREAS, notwithstanding the aforementioned recognition, 62 the Legislature further finds that, in order to protect 63 consumers and to provide a modicum of safety to its citizens, it 64 is necessary and altogether prudent and rational to distinguish 65 sellers of travel who provide services to persons traveling 66 directly from Florida to a “Terrorist Nation” from other sellers 67 of travel in regard to the availability of exemptions from 68 registration and that to do so creates a small burden upon them 69 and does not infringe upon or conflict in any way with federal 70 policy or regulation of such sellers of travel, NOW, THEREFORE, 71 72 Be It Enacted by the Legislature of the State of Florida: 73 74 Section 1. Subsection (7) is added to section 559.935, 75 Florida Statutes, to read: 76 559.935 Exemptions.— 77 (7) The exemptions provided in this section shall not apply 78 to a seller of travel offering or selling pre-arranged travel, 79 tourist-related services, or tour-guide services to any person 80 traveling directly from Florida to a terrorist nation. 81 “Terrorist nation” means any state, country, or nation 82 designated by the United States Department of State as a state 83 sponsor of terrorism. 84 Section 2. This act shall take effect July 1, 2010, and 85 applies to part XI of chapter 559, Florida Statutes, the Florida 86 Sellers of Travel Act, as it existed prior to July 1, 2008, 87 except that this act shall also apply to any sections of part XI 88 of chapter 559, Florida Statutes, amended on or after July 1, 89 2008, other than sections of part XI of chapter 559, Florida 90 Statutes, amended or created by chapter 2008-214, Laws of 91 Florida.
