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Senate Bill 2614

Senate Bill sb2614c1

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

    By the Committee on Education; and Senator Diaz de la Portilla





    304-2557-04

  1                      A bill to be entitled

  2         An act relating to charter travel to terrorist

  3         states; creating s. 288.857, F.S.; providing a

  4         short title; providing legislative intent;

  5         providing definitions; providing for the levy

  6         of a security assessment of charter

  7         transportation for trips originating in this

  8         state and arriving in an identified terrorist

  9         state; providing for the rate of the

10         assessment; providing requirements and

11         procedures with respect thereto; requiring any

12         university or community college within the

13         State University System or the Florida

14         Community College System that organizes or

15         directs the organization of a cultural or

16         educational trip utilizing charter

17         transportation to any terrorist state to

18         provide the Department of Education with

19         specified information; specifying exemptions to

20         the act; providing for the adoption of rules;

21         providing the adoption of emergency rules;

22         providing for length of effectiveness of such

23         rules; requiring assessment to be accompanied

24         by form prescribed by the Department of

25         Revenue; providing severability; providing an

26         effective date.

27  

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

29  

30         Section 1.  Section 288.857, Florida Statutes, is

31  created to read:

                                  1

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    Florida Senate - 2004                           CS for SB 2614
    304-2557-04




 1         288.857  Security assessment for chartered

 2  transportation to terrorist states.--

 3         (1)  SHORT TITLE.--This act may be cited as the

 4  "Commerce with Terrorist States Act."

 5         (2)  LEGISLATIVE INTENT.--The Legislature finds that

 6  there are increased safety concerns associated with

 7  transportation between this state and terrorist states and

 8  that travel to terrorist states raises issues related to

 9  security and to the prevention of a response to possible

10  terrorist acts. The Legislature further finds that persons or

11  entities who transport persons to terrorist states may

12  directly impact the economic stability and public security of

13  this state. Therefore, it is the intent of the Legislature to

14  offset costs related to transportation to terrorist states

15  which originates in this state. It is not the intent of the

16  Legislature to impact the official business of government

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

18  Armed Services.

19         (3)  DEFINITIONS.--As used in this section, the term:

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

21  nation presently deemed a state sponsor of terrorism by the

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

23  act, the Department of Revenue shall document those states or

24  nations identified as state sponsors of terrorism by the

25  United States Department of State, shall specify in rule those

26  states or nations deemed state sponsors of terrorism by the

27  United States Department of State, and shall annually update

28  the list of states or nation to the most current list of the

29  United States Department of State.

30         (b)  "Assessable transaction or incident" means payment

31  by a passenger for travel on a charter vessel.

                                  2

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    Florida Senate - 2004                           CS for SB 2614
    304-2557-04




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

 2  hired for exclusive temporary use by a single traveler or

 3  group of travelers.

 4         (d)  "Charter transportation" means travel via charter

 5  aircraft or charter vessel when the aircraft or vessel is

 6  hired for exclusive temporary use by a single traveler or

 7  group of travelers.

 8         (e)  "Charter vessel" means any form of watercraft

 9  hired for exclusive temporary use by a single traveler or

10  group of travelers.

11         (f)  "Directly carries or transports" means to conduct

12  a single continuous charter flight or charter vessel voyage

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

14  a terrorist state identified under paragraph (a). For purposes

15  of this definition, temporary stops of less than 8 hours do

16  not disqualify a charter flight or charter vessel voyage from

17  being considered a continuous flight or voyage.

18         (4)  SECURITY ASSESSMENT.--

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

20  person or entity who directly transports persons via charter

21  aircraft or charter vessel from this state to a terrorist

22  state is exercising an assessable privilege.

23         (b)1.  For exercising this privilege, a security

24  assessment is levied on charter aircraft on each take-off at

25  the rate of $100, irrespective of the charter aircraft size,

26  and an additional charge of $0.04 per thousand pounds of

27  landed aircraft weight.

28         2.  For charter vessels exercising this privilege, a

29  security assessment is levied on each assessable transaction

30  or incident, which assessment is due and payable at the rate

31  

                                  3

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    Florida Senate - 2004                           CS for SB 2614
    304-2557-04




 1  of 10 percent on the total consideration received or to be

 2  received by any person for performing the service.

 3         (c)  The security assessment shall be in addition to

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

 5  be charged by the person receiving the consideration, and

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

 7  the consideration. The person shall remit the assessment to

 8  the Department of Revenue. The proceeds of the security

 9  assessment, less the administrative costs, shall be

10  transferred by the Department of Revenue into the State

11  Homeland Security Trust Fund. For the purposes of this

12  section, "proceeds" of the assessment means all funds

13  collected and received by the department hereunder, including

14  interest and penalties on delinquent fees. The amount deducted

15  for the costs of administration must not exceed 3 percent of

16  the total revenues collected hereunder and may include only

17  those costs reasonably attributable to the fee.

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

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

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

21  fees and taxes levied.

22         (e)  The Department of Revenue shall administer,

23  collect, and enforce the security assessment authorized under

24  this section according to the same procedures used in the

25  administration, collection, and enforcement of the general

26  state sales tax imposed under chapter 212, except as provided

27  in this section. The provisions of chapter 212 regarding the

28  authority to audit and make assessments, keeping of books and

29  records, and interest and penalties on delinquent fees apply.

30  The fee shall not be included in the computation of estimated

31  

                                  4

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    Florida Senate - 2004                           CS for SB 2614
    304-2557-04




 1  taxes under s. 212.11, nor shall the dealer's credit for

 2  collecting taxes or fees in s. 212.12 apply to this fee.

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

 4  community college within the State University System or the

 5  Florida Community College System that organizes or directs the

 6  organization of a cultural or educational trip using charter

 7  transportation to any terrorist state shall provide the

 8  Department of Education, no later than 30 days before the

 9  commencement of the trip, the following information:

10         (a)  A passenger list of individuals participating in

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

12  and the enrollment or employment status of each individual in

13  the applicable state university or community college.

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

15  including hotel and restaurant accommodations, planned

16  excursions, and scheduled meetings with governmental

17  authorities or individuals or organizations not affiliated

18  with the government of the host nation.

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

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

21  all moneys received in payment for the trip.

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

23  entities contracted to organize or facilitate the trip or the

24  names and other pertinent identifying information with respect

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

26  organize or facilitate the trip.

27         (6)  EXEMPTIONS.--The provisions of this act do not

28  apply to:

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

30  authority or an authority of the State of Florida.

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

                                  5

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    Florida Senate - 2004                           CS for SB 2614
    304-2557-04




 1         (7)  RULEMAKING AUTHORITY.--The Department of Education

 2  and the Department of Revenue may adopt rules to administer

 3  this section.

 4         Section 2.  The executive director of the Department of

 5  Revenue may, and all conditions are deemed met, adopt

 6  emergency rules under sections 120.536(1) and 120.54(4),

 7  Florida Statutes, to implement this section. Notwithstanding

 8  any other law, the emergency rules shall remain effective for

 9  6 months after the date of adoption and may be renewed during

10  the pendency of procedures to adopt rules addressing the

11  subject of the emergency rules.

12         Section 3.  Payment of the assessment shall be

13  accompanied by the form as the Department of Revenue may

14  prescribe.

15         Section 4.  If any provision of this act or its

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

17  invalidity does not affect other provisions or applications of

18  the act which can be given effect without the invalid

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

20  this act are severable.

21         Section 5.  This act shall take effect January 1, 2005.

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                                  6

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    Florida Senate - 2004                           CS for SB 2614
    304-2557-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                             SB 2614

 3                                 

 4  Requires the Department of Revenue to annually update the list
    of terrorist states specified under the bill.
 5  
    Provides that payment by a passenger for travel on a charter
 6  vessel will constitute an assessable transaction or incident
    for purposes of the bill's provisions.
 7  
    Provides, with respect to charter aircraft, that a security
 8  assessment will be levied on each take-off at a rate of $100,
    with an additional charge based on the weight of the aircraft.
 9  
    Provides for administrative costs to be retained by the
10  Department of Revenue in connection with collecting security
    assessments and provides a cap for those costs.
11  
    Provides that proceeds of the assessment will include all
12  funds collected and received by the Department of Revenue,
    including interest and penalties.
13  
    Requires the Department of Revenue to administer, collect and
14  enforce the security assessment according to procedures set
    forth in chapter 212, F.S., with certain exceptions.
15  
    Requires universities and colleges to provide travel
16  information only to the Department of Education, not to the
    Department of Law Enforcement.
17  
    Deletes rulemaking authority for the Department of Business
18  and Professional Regulation.

19  Permits the Department of Revenue to adopt emergency rules to
    implement the section in accordance with applicable law.
20  
    Provides for the Department of Revenue to adopt a form to
21  accompany payment of the security assessment.

22  Changes the effective date of the bill from July 1, 2004 to
    January 1, 2005.
23  

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                                  7

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