March 26, 2019
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       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.

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