July 10, 2020
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Senate Bill 2614

Senate Bill sb2614

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2614

    By Senator Diaz de la Portilla





    36-1741-04                                              See HB

  1                      A bill to be entitled

  2         An act relating to charter travel to terrorist

  3         states; creating s. 288.857, F.S.; creating the

  4         "Commerce With Terrorist States Act"; providing

  5         a popular name; providing legislative intent;

  6         providing definitions; providing for the levy

  7         of a security assessment on charter

  8         transportation for trips originating in this

  9         state and arriving in an identified terrorist

10         state; providing for the rate of the

11         assessment; providing requirements and

12         procedures with respect thereto; requiring any

13         university or community college within the

14         State University System or the Florida

15         Community College System that organizes or

16         directs the organization of a cultural or

17         educational trip utilizing charter

18         transportation to any terrorist state to

19         provide the Department of Education and the

20         Department of Law Enforcement with specified

21         information; specifying exemptions to the act;

22         providing for the adoption of rules; providing

23         severability; providing an effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Section 288.857, Florida Statutes, is

28  created to read:

29         288.857  Security assessment for chartered

30  transportation to terrorist states.--

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2614
    36-1741-04                                              See HB




 1         (1)  POPULAR NAME.--This act may be known by the

 2  popular name the "Commerce with Terrorist States Act."

 3         (2)  LEGISLATIVE INTENT.--

 4         (a)  The Legislature finds that there are increased

 5  safety concerns and costs associated with transportation

 6  between this state and terrorist states and that travel to

 7  terrorist states generates significant expenditures related to

 8  security issues and to the prevention of and response to

 9  possible terrorist acts. The Legislature further finds that

10  persons or entities who transport persons to terrorist states

11  may directly impact the economic stability and public security

12  of this state. Therefore, it is the intent of the Legislature

13  to offset costs related to transportation to terrorist states

14  that originates in this state. It is not the intent of the

15  Legislature to impact the official business of government

16  employees or the duties of any personnel of the United States

17  Armed Services.

18         (3)  DEFINITIONS.--As used in this section:

19         (a)  "Terrorist state" means any state, country, or

20  nation presently deemed a state sponsor of terrorism by the

21  United States Department of State. For the purposes of this

22  act, the Department of Revenue shall be charged with the duty

23  of documenting those states or nations identified as terrorist

24  states by the United States Department of State, shall specify

25  in rule those states or nations deemed terrorist states by the

26  State of Florida, and shall periodically update the list of

27  countries recognized by the state as terrorist states.

28         (b)  "Directly carries or transports" means to conduct

29  a single continuous charter flight or charter vessel voyage

30  that originates from any location in this state and arrives in

31  a terrorist state identified pursuant to paragraph (a). For

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2614
    36-1741-04                                              See HB




 1  purposes of this definition, temporary stops of less than 8

 2  hours shall not disqualify a charter flight or charter vessel

 3  voyage from being considered a continuous flight or voyage.

 4         (c)  "Charter aircraft" means any form of aircraft

 5  hired for exclusive temporary use by a single traveler or

 6  group of travelers.

 7         (d)  "Charter vessel" means any form of watercraft

 8  hired for exclusive temporary use by a single traveler or

 9  group of travelers.

10         (e)  "Charter transportation" means travel via charter

11  aircraft or charter vessel when such aircraft or vessel is

12  hired for exclusive temporary use by a single traveler or

13  group of travelers.

14         (4)  SECURITY ASSESSMENT.--

15         (a)  It is the intent of the Legislature that every

16  person or entity who directly transports persons via charter

17  plane or charter boat from this state to a terrorist state is

18  exercising an assessable privilege.

19         (b)  For exercising such privilege, a security

20  assessment is levied on each assessable transaction or

21  incident, which assessment is due and payable at the rate of

22  10 percent on the total consideration received or to be

23  received by any person for performing such service.

24         (c)  Such security assessment shall be in addition to

25  the total amount of the consideration for the service, shall

26  be charged by the person receiving such consideration, and

27  shall be payable by such person at the time he or she receives

28  such consideration. Such person shall remit the assessment to

29  the Department of Revenue. The department shall deposit such

30  funds in the State Homeland Security Trust Fund.

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2614
    36-1741-04                                              See HB




 1         (d)  This security assessment is in addition to other

 2  taxes or assessments, whether levied in the form of excise,

 3  license, or privilege taxes, and is in addition to all other

 4  fees and taxes levied.

 5         (e)  This security assessment shall be due and payable

 6  according to the brackets set forth in s. 212.12.

 7         (5)  MANDATORY TRAVEL INFORMATION.--Any university or

 8  community college within the State University System or the

 9  Florida Community College System that organizes or directs the

10  organization of a cultural or educational trip utilizing

11  charter transportation to any terrorist state, as defined in

12  this act, shall provide the Department of Education and the

13  Department of Law Enforcement, no later than 50 days prior to

14  the commencement of such trip, the following information:

15         (a)  A passenger list of individuals participating in

16  the trip, including the name and address of each individual

17  and the enrollment or employment status of each individual in

18  the applicable state university or community college.

19         (b)  A detailed itinerary of the trip being organized,

20  including hotel and restaurant accommodations, planned

21  excursions, and scheduled meetings with governmental

22  authorities or individuals or organizations not affiliated

23  with the government of the host nation.

24         (c)  A complete accounting of all costs associated with

25  the trip and a complete accounting of the use or deposit of

26  all moneys received in payment for the trip.

27         (d)  The certificates of incorporation of any entity or

28  entities contracted to organize or facilitate the trip or the

29  names and other pertinent identifying information with respect

30  to any third-party entity or entities being contracted to

31  organize or facilitate the trip.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 2614
    36-1741-04                                              See HB




 1         (6)  EXEMPTIONS.--The provisions of this act shall not

 2  apply to:

 3         (a)  Any person operating by contract with a federal

 4  authority or an authority of the State of Florida.

 5         (b)  Any person in performance of active military duty.

 6         (10)  RULEMAKING AUTHORITY.--The Department of Business

 7  and Professional Regulation, the Department of Education, and

 8  the Department of Revenue may adopt rules necessary to

 9  administer this section.

10         Section 2.  If any provision of this act or its

11  application to any person or circumstance is held invalid, the

12  invalidity does not affect other provisions or applications of

13  the act which can be given effect without the invalid

14  provision or application, and to this end the provisions of

15  this act are severable.

16         Section 3.  This act shall take effect July 1, 2004.

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2020 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader