April 19, 2019
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The Florida Statutes

The 2004 Florida Statutes

Title XIX
PUBLIC BUSINESS
Chapter 288
COMMERCIAL DEVELOPMENT AND CAPITAL IMPROVEMENTS
View Entire Chapter
Section 288.853, Florida Statutes 2004

288.853  International sanctions against Castro government.--

(1)  The Legislature hereby finds that:

(a)  The acts of Fidel Castro and his government, including human rights violations, are a threat to international peace and to the peace of the State of Florida.

(b)  The President should instruct the United States Permanent Representative to the United Nations to seek, in the Security Council, an international embargo against the Castro dictatorship, similar to consultations conducted with respect to Haiti.

(c)  There should be a detrimental impact on United States assistance to any independent state of the former Soviet Union which resumes efforts to make operational the nuclear facility at Cienfuegos, Cuba.

(2)  The Legislature hereby supports and reaffirms s. 1704(a) of the Cuban Democracy Act of 1992, which states that the President should encourage foreign countries to restrict trade and credit relations with Cuba, and urges the President to take immediate steps to apply sanctions described in s. 1704(b)(1) of such act against countries assisting Cuba.

(3)  To the extent allowed by federal law, no loan, credit, or other financing may be extended knowingly by a citizen or legal resident of Florida, a state agency, or a financial institution located or doing business in Florida to any person for the purpose of financing transactions involving any confiscated property, as defined by s. 4 of the federal Cuban Liberty and Democratic Solidarity Act of 1996, the claim to which is owned by a citizen or legal resident of Florida as of July 1, 1996, except for financing by the citizen or legal resident of Florida owning such claim for a transaction permitted under state and federal law. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 so long as the imposition of the state penalty does not in any way interfere with full federal prosecution and penalties.

(4)  The Legislature hereby requests:

(a)  Congress and the President to withhold payment to any international financial institution that approves a loan or other assistance to Cuba in an amount equal to the amount of the loan or assistance provided to Cuba.

(b)  The President to instruct the United States Permanent Representative to the Organization of American States to oppose the readmission of Cuba to the Organization of American States until a democratically elected government exists in Cuba.

(c)  Upon the termination of Fidel Castro's government in Cuba to take steps during the period that a transition government is in power in Cuba to support the processing of Cuba's application for membership in any international financial institution, to take effect after a democratically elected government is in power in Cuba.

(5)  Furthermore, contingent upon annual appropriation, to the extent covered by the report submitted by the President according to s. 108 of the Cuban Liberty and Democratic Solidarity Act of 1996, and until such time as the President submits a determination under s. 203(c)(1) of the Cuban Liberty and Democratic Solidarity Act of 1996, the Governor shall submit an annual report to the President of the Senate and the Speaker of the House of Representatives on assistance to and commerce with Cuba by citizens and legal residents of Florida. Each report shall contain:

(a)  Identification of Cuba's trading partners and the extent of such trade.

(b)  A description of joint ventures completed or under consideration by foreign nationals and business firms located in or doing business in Florida involving facilities in Cuba.

(c)  A determination as to whether any facilities are claimed by a citizen of Florida.

(d)  Steps taken to assure that raw materials and semifinished or finished goods produced by facilities in Cuba involving Cuban and/or foreign nationals or businesses are not entering the Florida market.

(6)(a)  It is illegal for any person, firm, or corporation to import into Florida any sugars, syrups, or molasses that are the product of a country that the President determines has imported sugar, syrup, or molasses from Cuba. The intent of this section is to prevent indirect subsidization of the Cuban sugar industry through countries that buy Cuban sugar for domestic consumption and sell their own sugar to the United States at inflated prices under the sugar quota allotment program. Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 so long as the imposition of the state penalty does not in any way interfere with full federal prosecution and penalties.

(b)  The requirements of paragraph (a) shall not apply if the country described in paragraph (a) certifies to the President that the country will not import sugar, syrup, or molasses that is the product of Cuba until free and fair elections are held in Cuba.

History.--s. 3, ch. 96-188; s. 70, ch. 99-13.

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