October 23, 2019
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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.

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