Bill Text: FL H1361 | 2011 | Regular Session | Introduced
Bill Title: Tour-guide Services
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1361 Detail]
Download: Florida-2011-H1361-Introduced.html
HB 1361 |
1 | |
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 | |
14 | Be It Enacted by the Legislature of the State of Florida: |
15 | |
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 |
23 | |
24 | rentals, lodging, transfers, |
25 | such services that |
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 |
37 | related services, |
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 |
42 | related services |
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 |
52 | |
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 |
68 | |
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 |
78 | |
79 | state and which originate in Florida; |
80 | (b) Which offers for sale, at wholesale or retail, only |
81 | prearranged travel or |
82 | |
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 |
87 | |
88 | state and which originate in Florida, and also engages in any |
89 | other business dealings or commerce with any terrorist state, |
90 | |
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 |
100 | services |
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 |
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 |
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. |
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