Bill Text: FL S2516 | 2010 | Regular Session | Comm Sub

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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

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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.