Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 772
       
       
       
       
       
       
                                Ì222498NÎ222498                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             03/02/2016 11:48 AM       .                                
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       Senator Richter moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 966 - 1629
    4  and insert:
    5         Section 27. Subsections (1), (7), (8), (10), and (11) and
    6  present subsection (13) of section 559.927, Florida Statutes,
    7  are amended, present subsections (12) and (13) of that section
    8  are redesignated as subsections (13) and (14), respectively, and
    9  a new subsection (12) is added to that section, to read:
   10         559.927 Definitions.—For the purposes of this part, the
   11  term:
   12         (1) “Accommodations” means any hotel or motel room,
   13  condominium or cooperative unit, cabin, lodge, or apartment; any
   14  other commercial structure designed for occupancy by one or more
   15  individuals; or any lodging establishment as provided by law.
   16  The term does not include long-term home rentals covered under a
   17  lease pursuant to chapter 83.
   18         (7) “Prearranged travel or, tourist-related services, or
   19  tour-guide services” includes, but is not limited to, car
   20  rentals, lodging, transfers, and sightseeing tours and all other
   21  such services that which are reasonably related to air, sea,
   22  rail, motor coach, or other medium of transportation, or
   23  accommodations for which a purchaser receives a premium or
   24  contracts or pays before prior to or after departure. This term
   25  These terms also includes include services for which a
   26  purchaser, whose legal residence is outside the United States,
   27  contracts or pays before prior to departure, and any arrangement
   28  by which a purchaser prepays for, receives a reservation or any
   29  other commitment to provide services before prior to departure
   30  for, or otherwise arranges for travel directly to a terrorist
   31  state and which originates in Florida.
   32         (8) “Purchaser” means the purchaser of, or person otherwise
   33  entitled to receive, prearranged travel or, tourist-related
   34  services, or tour-guide services, for a fee or commission, or
   35  who has acquired a vacation certificate for personal use.
   36         (10) “Satisfactory consumer complaint history” means no
   37  unresolved complaints regarding prearranged travel or, tourist
   38  related services, or tour-guide services are on file with the
   39  department. A complaint is unresolved when a seller of travel
   40  does not respond to the department’s efforts to mediate the
   41  complaint or a complaint where the department has determined
   42  that a violation of this part has occurred and the complaint has
   43  not been satisfied by the seller of travel.
   44         (11) “Seller of travel” means any resident or nonresident
   45  person, firm, corporation, or business entity that who offers
   46  for sale, directly or indirectly, at wholesale or retail,
   47  prearranged travel or, tourist-related services, or tour-guide
   48  services for individuals or groups, including, but not limited
   49  to, vacation or tour packages, or vacation certificates in
   50  exchange for a fee, commission, or other valuable consideration.
   51  The term includes such person, firm, corporation, or business
   52  entity who sells a vacation certificate to third-party merchants
   53  for a fee, or in exchange for a commission, or who offers such
   54  certificates to consumers in exchange for attendance at sales
   55  presentations. The term also includes any business entity
   56  offering membership in a travel club or travel services for an
   57  advance fee or payment, even if no travel contracts or
   58  certificates or vacation or tour packages are sold by the
   59  business entity. The term does not include third parties who may
   60  offer prearranged travel or tourist-related services, but do not
   61  participate in travel fulfillment or vacation certificate
   62  redemption.
   63         (12)“Student tour operator” means any resident or
   64  nonresident person, firm, corporation, or business entity that
   65  offers, directly or indirectly, prearranged travel or tourist
   66  related services for groups within the educational community,
   67  school districts, educators, and students and their families, in
   68  exchange for a fee, a commission, or any other valuable
   69  consideration.
   70         (13)(12) “Terrorist state” means any state, country, or
   71  nation designated by the United States Department of State as a
   72  state sponsor of terrorism.
   73         (14)(13) “Vacation certificate” means any arrangement,
   74  plan, program, or vacation package, or advance travel purchase
   75  that promotes, discusses, or discloses a destination or
   76  itinerary or type of travel, whereby a purchaser for
   77  consideration paid in advance is entitled to the use of travel,
   78  accommodations, or facilities for any number of days, whether
   79  certain or uncertain, during the period in which the certificate
   80  can be exercised, and no specific date or dates for its use are
   81  designated. A vacation certificate does not include prearranged
   82  travel or, tourist-related services, or tour-guide services when
   83  a seller of travel remits full payment for the cost of such
   84  services to the provider or supplier within 10 business days of
   85  the purchaser’s initial payment to the seller of travel. The
   86  term does not include travel if exact travel dates are selected,
   87  guaranteed, and paid for at the time of the purchase.
   88         Section 28. Subsections (2) through (8) and present
   89  subsection (9) of section 559.928, Florida Statutes, are
   90  amended, and a new subsection (9) is added to that section, to
   91  read:
   92         559.928 Registration.—
   93         (2)(a) Registration fees shall be as follows:
   94         1. Three hundred dollars per year per registrant certifying
   95  its business activities under s. 559.9285(1)(a).
   96         2. One thousand dollars per year per registrant certifying
   97  its business activities under s. 559.9285(1)(b).
   98         3. Twenty-five hundred dollars per year per registrant
   99  certifying its business activities under s. 559.9285(1)(c).
  100         (b) All amounts collected shall be deposited by the Chief
  101  Financial Officer to the credit of the General Inspection Trust
  102  Fund of the Department of Agriculture and Consumer Services
  103  pursuant to s. 570.20, for the sole purpose of administration of
  104  this part.
  105         (c) The department shall waive the initial registration fee
  106  for an honorably discharged veteran of the United States Armed
  107  Forces, the spouse of such a veteran, or a business entity that
  108  has a majority ownership held by such a veteran or spouse if the
  109  department receives an application, in a format prescribed by
  110  the department, within 60 months after the date of the veteran’s
  111  discharge from any branch of the United States Armed Forces. To
  112  qualify for the waiver, a veteran must provide to the department
  113  a copy of his or her DD Form 214, as issued by the United States
  114  Department of Defense, or another acceptable form of
  115  identification as specified by the Department of Veterans’
  116  Affairs; the spouse of a veteran must provide to the department
  117  a copy of the veteran’s DD Form 214, as issued by the United
  118  States Department of Defense, or another acceptable form of
  119  identification as specified by the Department of Veterans’
  120  Affairs, and a copy of a valid marriage license or certificate
  121  verifying that he or she was lawfully married to the veteran at
  122  the time of discharge; or a business entity must provide to the
  123  department proof that a veteran or the spouse of a veteran holds
  124  a majority ownership in the business, a copy of the veteran’s DD
  125  Form 214, as issued by the United States Department of Defense,
  126  or another acceptable form of identification as specified by the
  127  Department of Veterans’ Affairs, and, if applicable, a copy of a
  128  valid marriage license or certificate verifying that the spouse
  129  of the veteran was lawfully married to the veteran at the time
  130  of discharge.
  131         (3) Each independent agent shall annually file an
  132  application affidavit with the department before prior to
  133  engaging in business in this state. This application affidavit
  134  must include the independent agent’s full name, legal business
  135  or trade name, mailing address, business address, telephone
  136  number, and the name and address of each seller of travel
  137  represented by the independent agent. A letter evidencing proof
  138  of filing must be issued by the department and must be
  139  prominently displayed in the independent agent’s primary place
  140  of business. Each independent agent must also submit an annual
  141  registration fee of $50. All moneys collected pursuant to the
  142  imposition of the fee shall be deposited by the Chief Financial
  143  Officer into the General Inspection Trust Fund of the Department
  144  of Agriculture and Consumer Services for the sole purpose of
  145  administrating this part. As used in this subsection, the term
  146  “independent agent” means a person who represents a seller of
  147  travel by soliciting persons on its behalf; who has a written
  148  contract with a seller of travel which is operating in
  149  compliance with this part and any rules adopted thereunder; who
  150  does not receive a fee, commission, or other valuable
  151  consideration directly from the purchaser for the seller of
  152  travel; who does not at any time have any unissued ticket stock
  153  or travel documents in his or her possession; and who does not
  154  have the ability to issue tickets, vacation certificates, or any
  155  other travel document. The term “independent agent” does not
  156  include an affiliate of the seller of travel, as that term is
  157  used in s. 559.935(3), or the employees of the seller of travel
  158  or of such affiliates.
  159         (4) A Any person applying for or renewing a local business
  160  tax receipt to engage in business as a seller of travel must
  161  exhibit a current registration certificate from the department
  162  before the local business tax receipt may be issued or reissued.
  163         (5) Each contract, advertisement, certificate, or travel
  164  document of a seller of travel must include the phrase “...(NAME
  165  OF FIRM)... is registered with the State of Florida as a Seller
  166  of Travel. Registration No......”
  167         (6) Each advertisement of a seller of travel must include
  168  the phrase “Fla. Seller of Travel Reg. No......”
  169         (6)(7)A No registration is not shall be valid for any
  170  seller of travel transacting business at any place other than
  171  that designated in its application, unless the department is
  172  first notified in writing in advance of any change of location.
  173  A Nor shall the registration is not be valid for an affiliate of
  174  the seller of travel who engages in the prearranged travel and
  175  tourist business. A registration issued under this part may
  176  shall not be assignable, and the seller of travel may shall not
  177  be permitted to conduct business under more than one name except
  178  as registered. A seller of travel desiring to change its
  179  registered name or location or designated agent for service of
  180  process at a time other than upon renewal of registration shall
  181  notify the department of such change.
  182         (7)(8) Applications under this section are shall be subject
  183  to the provisions of s. 120.60.
  184         (8)(9) The department may deny, or refuse to renew, or
  185  revoke the registration of any seller of travel based upon a
  186  determination that the seller of travel, or any of its
  187  directors, officers, owners, or general partners while acting on
  188  behalf of the seller of travel:
  189         (a) Has failed to meet the requirements for registration as
  190  provided in this part;
  191         (b) Has been convicted of a crime involving fraud, theft,
  192  embezzlement, dishonest dealing, or any other act of moral
  193  turpitude or any other act arising out of conduct as a seller of
  194  travel;
  195         (c) Has not satisfied a civil fine or penalty arising out
  196  of any administrative or enforcement action brought by any
  197  governmental agency or private person based upon conduct
  198  involving fraud, theft, embezzlement, dishonest dealing, or any
  199  violation of this part; or
  200         (d) Has pending against her or him any criminal,
  201  administrative, or enforcement proceedings in any jurisdiction,
  202  based upon conduct involving fraud, dishonest dealing, or any
  203  other act of moral turpitude; or
  204         (d)(e) Has had a judgment entered against her or him in any
  205  action brought by the department or the Department of Legal
  206  Affairs pursuant to ss. 501.201-501.213 or this act part.
  207         (9)The department may deny or refuse to renew the
  208  registration of any seller of travel based upon a determination
  209  by the department that the seller of travel, or any of the
  210  seller’s directors, officers, owners, or general partners has
  211  pending against him or her while acting on behalf of the seller
  212  of travel any criminal, administrative, or enforcement
  213  proceedings in any jurisdiction, based upon conduct involving
  214  fraud, theft, embezzlement, or dishonest dealing, or any other
  215  act of moral turpitude.
  216         Section 29. Section 559.9281, Florida Statutes, is created
  217  to read:
  218         559.9281 Student tour operators.—
  219         (1) The Department of Agriculture and Consumer Services
  220  shall establish a process for sellers of travel to apply to be,
  221  and be listed as, approved student tour operators to serve
  222  students in all primary and secondary school districts within
  223  the state.
  224         (2) The department shall adopt rules to implement this
  225  section, including the establishment of the application
  226  procedures and minimum standards for those persons wishing to be
  227  approved as student tour operators under this section. At a
  228  minimum, a student tour operator must be registered and approved
  229  by the department as a seller of travel under s. 559.928,
  230  maintain security requirements provided under s. 559.929, and be
  231  current on all state and local business taxes.
  232         (3) The department shall maintain a list of approved
  233  student tour operators to serve students in all primary and
  234  secondary school districts within the state. The department
  235  shall update this list at least annually and shall provide, as
  236  created and updated, a current version of the list to the
  237  Department of Education.
  238         (4) The Department of Education shall publish and maintain
  239  a current version of the list in a prominent location on its
  240  website.
  241         Section 30. Subsections (2) through (6) of section 559.929,
  242  Florida Statutes, are amended to read:
  243         559.929 Security requirements.—
  244         (2) The bond must be filed with the department on a form
  245  adopted by department rule and must be in favor of the
  246  department for the use and benefit of a consumer traveler who is
  247  injured by the fraud, misrepresentation, breach of contract, or
  248  financial failure, or any other violation of this part by the
  249  seller of travel. Such liability may be enforced by proceeding
  250  in an administrative action as specified in subsection (3) or by
  251  filing a civil action. However, in such civil action the bond
  252  posted with the department shall not be amenable or subject to a
  253  judgment or other legal process issuing out of or from such
  254  court in connection with such civil action, but such bond shall
  255  be amenable to and enforceable only by and through
  256  administrative proceedings before the department. It is the
  257  intent of the Legislature that such bond be applicable and
  258  liable only for the payment of claims duly adjudicated by order
  259  of the department. The bond must be open to successive claims,
  260  but the aggregate amount awarded may not exceed the amount of
  261  the bond. In addition to the foregoing, a bond provided by a
  262  registrant or applicant for registration which certifies its
  263  business activities under s. 559.9285(1)(b) or (c) must be in
  264  favor of the department, with payment in the following order of
  265  priority:
  266         (a) The expenses for prosecuting the registrant or
  267  applicant in an administrative or civil action under this part,
  268  including attorney fees and fees for other professionals, court
  269  costs or other costs of the proceedings, and all other expenses
  270  incidental to the action.
  271         (b) The costs and expenses of investigation before the
  272  commencement of an administrative or civil action under this
  273  part.
  274         (c) An unpaid administrative fine imposed by final order or
  275  an unpaid civil penalty imposed by final judgment under this
  276  part.
  277         (d) Damages or compensation for a consumer traveler injured
  278  as provided in this subsection.
  279         (3) A consumer traveler may file a claim against the bond.
  280  Such claim, which must be submitted in writing on an affidavit
  281  form adopted by department rule, must be submitted to the
  282  department within 120 days after an alleged injury has occurred
  283  or is discovered to have occurred or a judgment has been
  284  entered. The proceedings shall be conducted pursuant to chapter
  285  120. For proceedings conducted pursuant to ss. 120.569 and
  286  120.57, the agency shall act only as a nominal party.
  287         (4) A consumer who is injured by the seller of travel, or
  288  the department or another governmental agency acting on behalf
  289  of the injured consumer, may bring and maintain an action to
  290  recover against the bond.
  291         (5) Any indebtedness determined by final order of the
  292  department shall be paid by the seller of travel to the
  293  department within 30 days after the order is entered for
  294  disbursement to the consumer. If the seller of travel fails to
  295  make payment within 30 days, the agency shall make a demand for
  296  payment upon the surety which includes an institution issuing a
  297  letter of credit or depository on a certificate of deposit. Upon
  298  failure of a surety to comply with a demand for payment pursuant
  299  to a final order, the department may file an action in circuit
  300  court to recover payment, up to the amount of the bond or other
  301  form of security, pursuant to s. 120.69. If the department
  302  prevails, the department may recover court costs and reasonable
  303  attorney fees.
  304         (6)(5) If the seller of travel is currently the subject of
  305  an administrative, civil, or criminal action by the department,
  306  the Department of Legal Affairs, or the state attorney relating
  307  to compliance with this part, the right to proceed against the
  308  bond as provided in subsection (3) is suspended until any
  309  enforcement action becomes final.
  310         (7)(6) The department may waive the bond requirement on an
  311  annual basis if the seller of travel has had 5 or more
  312  consecutive years of experience as a seller of travel in this
  313  state in compliance with this part, has not had a civil,
  314  criminal, or administrative action instituted against the seller
  315  of travel in the vacation and travel business by a governmental
  316  agency or an action involving fraud, theft, misappropriation of
  317  property, violation of a statute pertaining to business or
  318  commerce with a terrorist state, or moral turpitude, or other
  319  violation of this part and has a satisfactory consumer complaint
  320  history with the department, and certifies its business
  321  activities under s. 559.9285. Such waiver may be revoked if the
  322  seller of travel violates this part. A seller of travel which
  323  certifies its business activities under s. 559.9285(1)(b) or (c)
  324  is not entitled to the waiver provided in this subsection.
  325         Section 31. Subsections (2) and (17) of section 559.9295,
  326  Florida Statutes, are amended to read:
  327         559.9295 Submission of vacation certificate documents.
  328  Sellers of travel who offer vacation certificates must submit
  329  and disclose to the department with the application for
  330  registration, and any time such document is changed, but prior
  331  to the sale of any vacation certificate, the following
  332  materials:
  333         (2) A copy of each promotional brochure, pamphlet, form
  334  letter, registration form, or any other written material
  335  disseminated in connection with the advertising, promotion, or
  336  sale of any vacation certificate. Any such promotional materials
  337  that include terms such “free,” “awarded,” “prize,” “absolutely
  338  without charge,” and “free of charge,” or similar words or
  339  groups of words, which might reasonably lead a person to believe
  340  that he or she may receive, or has been selected to receive,
  341  something of value without making full or partial compensation
  342  in any form from the recipient must:
  343         (a) Clearly and conspicuously display the following
  344  disclosure in at least 12-point type: ....(NAME OF FIRM).... is
  345  registered with the State of Florida as a seller of travel,
  346  Registration No....THIS IS NOT A FREE OFFER. SEE TERMS AND
  347  CONDITIONS VIA WWW.(OFFER WEBSITE).COM. RESPONSE TO THIS OFFER
  348  DOES NOT GUARANTEE TRAVEL.” The offer website referred to in the
  349  disclosure must include, and clearly indicate, the terms and
  350  conditions for such a vacation certificate offer.
  351         (b)Disclose the number of individuals who actually
  352  traveled pursuant to the vacation certificate, as opposed to the
  353  number of individuals who submitted or otherwise activated the
  354  vacation certificate, in the 12 months preceding issuance of the
  355  promotional material.
  356         (17) Within 10 working days after receipt of any materials
  357  submitted subsequent to filing an initial registration
  358  application or any annual renewal thereof, the department shall
  359  determine whether such materials are adequate to meet the
  360  requirements of this section. The department shall notify the
  361  seller of travel that materials submitted are in substantial
  362  compliance, or shall notify the seller of travel of any specific
  363  deficiencies. If the department fails to notify the seller of
  364  travel of its determination within the period specified in this
  365  subsection, the materials shall be deemed in compliance;
  366  however, the failure of the department to send notification in
  367  either case will not relieve the seller of travel from the duty
  368  of complying with this section.
  369  
  370  Neither the submission of these materials nor the department’s
  371  response implies approval, recommendation, or endorsement by the
  372  department or that the contents of said materials have been
  373  verified by the department.
  374         Section 32. Section 559.932, Florida Statutes, is amended
  375  to read:
  376         559.932 Vacation certificate disclosure.—
  377         (1) A It shall be unlawful for any seller of travel must to
  378  fail to provide each person solicited with a contract that
  379  includes which shall include the following information, which
  380  shall be in 12-point type, unless otherwise specified:
  381         (a) A space for the date, name, address, and signature of
  382  the purchaser.
  383         (b) The expiration date of the vacation certificate and the
  384  terms and conditions of its extension or renewal, if available.
  385         (c) The name and business address of any seller of travel
  386  who may solicit vacation certificate purchasers for further
  387  purchases, and a full and complete statement as to the nature
  388  and method of that solicitation.
  389         (d) The total financial obligation of the purchaser which
  390  shall include the initial purchase price and any additional
  391  charges to which the purchaser may be subject, including, but
  392  not limited to, any per diem, seasonal, reservation, or
  393  recreational charge.
  394         (e) The name and street address of any person who has the
  395  right to alter, amend, or add to the charges to which the
  396  purchaser may be subject and the terms and conditions under
  397  which such charges may be imposed.
  398         (f) If any accommodation or facility which a purchaser
  399  acquires the right to use pursuant to the vacation certificate
  400  is not completed at the time the certificate is offered for
  401  sale, the date of availability of each component of the
  402  accommodation or facility.
  403         (g) By means of a section entitled “terms and conditions”:
  404         1. All eligibility requirements for use of the vacation
  405  certificate, including, but not limited to, age, sex, marital
  406  status, group association, residency, or geographic limitations.
  407         2. All eligibility requirements for use of any discount or
  408  complimentary coupon or ticket.
  409         3. A statement as to whether transportation and meals are
  410  provided pursuant to use of the certificate.
  411         4. Any room deposit requirement, including all conditions
  412  for its return or refund.
  413         5. The manner in which reservation requests are to be made
  414  and the method by which they are to be confirmed.
  415         6. Any identification, credential, or other means by which
  416  a purchaser must establish her or his entitlement to the rights,
  417  benefits, or privileges of the vacation certificate.
  418         7. Any restriction or limitation upon transfer of the
  419  vacation certificate or any right, benefit, or privilege
  420  thereunder.
  421         8. Any other term, limitation, condition, or requirement
  422  material to use of the vacation certificate or any right,
  423  benefit, or privilege thereunder.
  424         (h) In immediate proximity to the space reserved in the
  425  contract for the date and the name, address, and signature of
  426  the purchaser, the following statement in boldfaced type of a
  427  size of 10 points:
  428  
  429         “YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR
  430  OBLIGATION WITHIN 30 DAYS FROM THE DATE OF PURCHASE OR RECEIPT
  431  OF THE VACATION CERTIFICATE, WHICHEVER OCCURS LATER.”
  432         “YOU MAY ALSO CANCEL THIS CONTRACT IF ACCOMMODATIONS OR
  433  FACILITIES ARE NOT AVAILABLE PURSUANT TO A REQUEST FOR USE AS
  434  PROVIDED IN THE CONTRACT.”
  435         “TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A
  436  STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED
  437  AND POSTMARKED, OR DELIVERED TO ...(NAME)... AT ...(ADDRESS)...
  438  NO LATER THAN MIDNIGHT OF ....(DATE).....”
  439         “IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE SELLER IN
  440  WRITING OF YOUR INTENT TO CANCEL BY RETURNING THE CERTIFICATE
  441  AND SENDING NOTICE TO: ...(NAME OF SELLER)... AT ...(SELLER’S
  442  ADDRESS)....
  443         (i) In immediate proximity to the statement required in
  444  paragraph (h), the following statement in boldfaced type of a
  445  size of 12 10 points:
  446  
  447         “NO PURCHASER SHOULD RELY UPON REPRESENTATIONS OTHER THAN
  448  THOSE INCLUDED IN THIS CONTRACT.”
  449  
  450  However, inclusion of this statement shall not impair any
  451  purchaser’s right to bring legal action based on verbal
  452  statements.
  453         (j) In immediate proximity to the statement required in
  454  paragraph (i), the following statement:
  455         “This contract is for the purchase of a vacation
  456  certificate and puts all assignees on notice of the consumer’s
  457  right to cancel under section 559.933, Florida Statutes.”
  458         (2) If a sale or agreement to purchase a vacation
  459  certificate is completed over the telephone, the seller shall
  460  inform the purchaser over the telephone that:
  461         (a) The purchaser may cancel the contract without any
  462  penalty or obligation within 30 days from the date of purchase
  463  or receipt of the vacation certificate, whichever occurs later.
  464         (b) The purchaser may also cancel the contract if
  465  accommodations or facilities are not available upon request for
  466  use as provided in the contract.
  467         (3) Upon receipt of a copy of a vacation certificate or
  468  contract required pursuant to s. 559.9295, the department shall
  469  review the vacation certificate or contract for compliance with
  470  the disclosures required under this section. The submission of
  471  the vacation certificate or contract and the department’s
  472  response do not imply approval, recommendation, or endorsement
  473  by the department or that the contents of the vacation
  474  certificate or contract have been verified by the department.
  475         Section 33. Section 559.933, Florida Statutes, is amended
  476  to read:
  477         559.933 Vacation certificate cancellation and refund
  478  provisions.—
  479         (1) A It shall be unlawful for any seller of travel or an
  480  assignee must honor a purchaser’s request to cancel a vacation
  481  certificate if such request is made:
  482         (1) To fail or refuse to honor a purchaser’s vacation
  483  certificate request to cancel if such request is made:
  484         (a) Within 30 days after from the date of purchase or
  485  receipt of the vacation certificate, whichever occurs later; or
  486         (b) At any time accommodations or facilities are not
  487  available pursuant to a request for use as provided in the
  488  contract, provided that:
  489         1. The contract may shall not require notice greater than
  490  60 days in advance of the date requested for use;
  491         2. If acceptable to the purchaser, comparable alternate
  492  accommodations or facilities in a city, or reservations for a
  493  date different than that requested, may be provided.
  494         (2) A seller of travel or an assignee must To fail to
  495  refund any and all payments made by the vacation certificate
  496  purchaser within 30 days after receipt of the certificate and
  497  notice of cancellation made pursuant to this section, if the
  498  purchaser has not received any benefits pursuant to the vacation
  499  certificate.
  500         (3) A seller of travel or an assignee must, if the
  501  purchaser has received any benefits pursuant to the vacation
  502  certificate, to fail to refund within 30 days after receipt of
  503  the certificate and notice of cancellation made pursuant to this
  504  section any and all payments made by the purchaser which exceed
  505  a pro rata portion of the total price, representing the portion
  506  of any benefits actually received by the vacation certificate
  507  purchaser during the time preceding cancellation.
  508         (4) If Where any purchaser has received confirmation of
  509  reservations in advance and is refused accommodations upon
  510  arrival, a seller of travel or an assignee must to fail to
  511  procure comparable alternate accommodations for the purchaser in
  512  the same city at no expense to the purchaser, or to fail to
  513  fully compensate the purchaser for the room rate incurred in
  514  securing comparable alternate accommodations himself or herself.
  515         (5) A seller of travel or an assignee may not To collect
  516  more than the full contract price from the purchaser.
  517         (6) A seller of travel or an assignee may not To sell,
  518  assign, or otherwise transfer any interest in a seller of travel
  519  business, or to sell, assign, or otherwise transfer to a third
  520  party any interest in any vacation certificate unless:
  521         (a) The third party agrees in writing to fully honor the
  522  rights of vacation certificate purchasers to cancel and to
  523  receive an appropriate refund or reimbursement as provided in
  524  this section.
  525         (b) The third party agrees in writing to comply with all
  526  other provisions of this part for as long as the third party
  527  continues the sale of vacation certificates or for the duration
  528  of the period of validity of outstanding vacation certificates,
  529  whichever is longer in time.
  530         (c) The seller of travel agrees to be liable for and fully
  531  indemnify a purchaser from any loss occasioned by the failure of
  532  the third party to honor the purchaser’s right to cancel and
  533  failure to make prompt and complete refund to the purchaser of
  534  all sums paid to the third party, or occasioned by the third
  535  party’s failure to comply with the provisions of this part.
  536         (7) A seller of travel or an assignee must To fail to
  537  fulfill the terms of a vacation certificate within 18 months
  538  after of the initial payment of any consideration by the
  539  purchaser to a seller of travel or third party.
  540         Section 34. Section 559.9335, Florida Statutes, is amended
  541  to read:
  542         559.9335 Violations.—It is a violation of this part for any
  543  seller of travel, independent agent, assignee, or other person:
  544         (1) To conduct business as a seller of travel without
  545  registering annually with the department unless exempt pursuant
  546  to s. 559.935.
  547         (2) To conduct business as a seller of travel without an
  548  annual purchase of a performance bond in the amount set by the
  549  department unless exempt pursuant to s. 559.935.
  550         (3) Knowingly to make any false statement, representation,
  551  or certification in any application, document, or record
  552  required to be submitted or retained under this part or in any
  553  response to an inquiry or investigation conducted by the
  554  department or any other governmental agency.
  555         (4) Knowingly to sell or market any number of vacation
  556  certificates that exceed the number disclosed to the department
  557  pursuant to this section.
  558         (5) Knowingly to sell or market vacation certificates with
  559  an expiration date of more than 18 months from the date of
  560  issuance.
  561         (6) Knowingly to require, request, encourage, or suggest,
  562  directly or indirectly, that payment for the right to obtain a
  563  travel contract, certificate, or vacation package must be by
  564  credit card authorization or to otherwise announce a preference
  565  for that method of payment over any other when no correct and
  566  true explanation for such preference is likewise stated.
  567         (6)(7) Knowingly to state, represent, indicate, suggest, or
  568  imply, directly or indirectly, that the travel contract,
  569  certificate, or vacation package being offered by the seller of
  570  travel cannot be purchased at some later time or may not
  571  otherwise be available after the initial contact, or that
  572  callbacks by the prospective purchaser are not accepted, when no
  573  such restrictions or limitations in fact exist.
  574         (7)(8) To misrepresent in any manner the purchaser’s right
  575  to cancel and to receive an appropriate refund or reimbursement
  576  as provided by this part.
  577         (8)(9) To sell any vacation certificate the duration of
  578  which exceeds the duration of any agreement between the seller
  579  and any business entity obligated thereby to provide
  580  accommodations or facilities pursuant to the vacation
  581  certificate.
  582         (9)(10) To misrepresent or deceptively represent:
  583         (a) The amount of time or period of time accommodations or
  584  facilities will be available.
  585         (b) The location of accommodations or facilities offered.
  586         (c) The price, size, nature, extent, qualities, or
  587  characteristics of accommodations or facilities offered.
  588         (d) The nature or extent of other goods, services, or
  589  amenities offered.
  590         (e) A purchaser’s rights, privileges, or benefits.
  591         (f) The conditions under which the purchaser may obtain a
  592  reservation for the use of offered accommodations or facilities.
  593         (g) That the recipient of an advertisement or promotional
  594  materials is a winner, or has been selected, or is otherwise
  595  being involved in a select group for receipt, of a gift, award,
  596  or prize, unless this fact is the truth.
  597         (10)(11) To fail to inform a purchaser of a nonrefundable
  598  cancellation policy before prior to the seller of travel
  599  accepting any fee, commission, or other valuable consideration.
  600         (11)(12) To fail to include, when offering to sell a
  601  vacation certificate, in any advertisement or promotional
  602  material, the following statement: “This is an offer to sell
  603  travel.”
  604         (12)(13) To fail to honor and comply with all provisions of
  605  the vacation certificate regarding the purchaser’s rights,
  606  benefits, and privileges thereunder.
  607         (13)(14)(a) To include in any vacation certificate or
  608  contract any provision purporting to waive or limit any right or
  609  benefit provided to purchasers under this part; or
  610         (b) To seek or solicit such waiver or acceptance of
  611  limitation from a purchaser concerning rights or benefits
  612  provided under this part.
  613         (14)(15) To offer vacation certificates for any
  614  accommodation or facility for which there is no contract with
  615  the owner of the accommodation or facility securing the
  616  purchaser’s right to occupancy and use, unless the seller is the
  617  owner.
  618         (15)(16) To use a local mailing address, registration
  619  facility, drop box, or answering service in the promotion,
  620  advertising, solicitation, or sale of vacation certificates,
  621  unless the seller’s fixed business address is clearly disclosed
  622  during any telephone solicitation and is prominently and
  623  conspicuously disclosed on all solicitation materials and on the
  624  contract.
  625         (16)(17) To use any registered trademark, trade name, or
  626  trade logo in any promotional, advertising, or solicitation
  627  materials without written authorization from the holder of such
  628  trademark, trade name, or trade logo.
  629         (17)(18) To represent, directly or by implication, any
  630  affiliation with, or endorsement by, any governmental,
  631  charitable, educational, medical, religious, fraternal, or civic
  632  organization or body, or any individual, in the promotion,
  633  advertisement, solicitation, or sale of vacation certificates
  634  without express written authorization.
  635         (18)(19) To sell a vacation certificate to any purchaser
  636  who is ineligible for its use.
  637         (19)(20) To sell any number of vacation certificates in
  638  excess of exceeding the number of available accommodations
  639  disclosed pursuant to this part.
  640         (20)(21) During the period of a vacation certificate’s
  641  validity, in the event, for any reason whatsoever, of lapse or
  642  breach of an agreement for the provision of accommodations or
  643  facilities to purchasers, to fail to procure similar agreement
  644  for the provision of comparable alternate accommodations or
  645  facilities in the same city or surrounding area.
  646         (21)(22) To offer to sell, at wholesale or retail,
  647  prearranged travel or, tourist-related services, or tour-guide
  648  services for individuals or groups directly to any terrorist
  649  state and which originate in Florida, without disclosing such
  650  business activities in a certification filed under s.
  651  559.9285(1)(b) or (c).
  652         (22)(23) To violate any state or federal law restricting or
  653  prohibiting commerce with terrorist states.
  654         (23)(24) To engage in do any other act that
  655  
  656  ================= T I T L E  A M E N D M E N T ================
  657  And the title is amended as follows:
  658         Delete lines 110 - 133
  659  and insert:
  660         by such veterans or spouses; amending s. 559.927,
  661         F.S.; revising definitions and defining the term
  662         “student tour operator”; amending s. 559.928, F.S.;
  663         requiring the department to waive the initial seller
  664         of travel registration fee for certain veterans, the
  665         spouses of such veterans, or certain business entities
  666         that have a majority ownership held by such veterans
  667         or spouses; requiring independent agents to annually
  668         file an application, rather than an affidavit;
  669         requiring each advertisement, certificate, and other
  670         travel documents to include a specified phrase;
  671         deleting a provision requiring an advertisement to
  672         include a specified phrase; revising the circumstances
  673         under which the department may deny or refuse to renew
  674         a registration; authorizing the department to revoke
  675         the registration of a seller of travel under certain
  676         circumstances; creating s. 559.9281, F.S.; requiring
  677         the Department of Agriculture and Consumer Services to
  678         establish a process for specified persons to apply to
  679         be, and be listed as, approved student tour operators;
  680         requiring the department to adopt rules to establish
  681         an application process and standards for persons
  682         wishing to be approved as student tour operators;
  683         specifying minimum standards for such operators;
  684         requiring the department to maintain a list of
  685         approved operators; requiring the department to update
  686         the list at least annually and to provide a current
  687         version of the list to the Department of Education;
  688         requiring the Department of Education to publish and
  689         maintain such list on its website; amending s.
  690         559.929,