Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (442032) for CS for SB 772
       
       
       
       
       
       
                                Ì920060gÎ920060                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/04/2016           .                                
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       The Committee on Appropriations (Garcia) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 1051 - 1191
    4  and insert:
    5         (12)“Student tour operator” means any resident or
    6  nonresident person, firm, corporation, or business entity that
    7  offers sale, directly or indirectly, at wholesale, prearranged
    8  travel, tourist-related services, or tour-guide services for
    9  groups within the educational community for schools districts,
   10  educators, and students and their families, in exchange for a
   11  fee, a commission, or any other valuable consideration.
   12         13(12) “Terrorist state” means any state, country, or
   13  nation designated by the United States Department of State as a
   14  state sponsor of terrorism.
   15         (14)(13) “Vacation certificate” means any arrangement,
   16  plan, program, or vacation package, or advance travel purchase
   17  that promotes, discusses, or discloses a destination or
   18  itinerary or type of travel, whereby a purchaser for
   19  consideration paid in advance is entitled to the use of travel,
   20  accommodations, or facilities for any number of days, whether
   21  certain or uncertain, during the period in which the certificate
   22  can be exercised, and no specific date or dates for its use are
   23  designated. A vacation certificate does not include prearranged
   24  travel or, tourist-related services, or tour-guide services when
   25  a seller of travel remits full payment for the cost of such
   26  services to the provider or supplier within 10 business days of
   27  the purchaser’s initial payment to the seller of travel. The
   28  term does not include travel if exact travel dates are selected,
   29  guaranteed, and paid for at the time of the purchase.
   30         Section 29. Subsections (2) through (8) and present
   31  subsection (9) of section 559.928, Florida Statutes, are
   32  amended, and a new subsection (9) is added to that section, to
   33  read:
   34         559.928 Registration.—
   35         (2)(a) Registration fees shall be as follows:
   36         1. Three hundred dollars per year per registrant certifying
   37  its business activities under s. 559.9285(1)(a).
   38         2. One thousand dollars per year per registrant certifying
   39  its business activities under s. 559.9285(1)(b).
   40         3. Twenty-five hundred dollars per year per registrant
   41  certifying its business activities under s. 559.9285(1)(c).
   42         (b) All amounts collected shall be deposited by the Chief
   43  Financial Officer to the credit of the General Inspection Trust
   44  Fund of the Department of Agriculture and Consumer Services
   45  pursuant to s. 570.20, for the sole purpose of administration of
   46  this part.
   47         (c) The department shall waive the initial registration fee
   48  for an honorably discharged veteran of the United States Armed
   49  Forces, the spouse of such a veteran, or a business entity that
   50  has a majority ownership held by such a veteran or spouse if the
   51  department receives an application, in a format prescribed by
   52  the department, within 60 months after the date of the veteran’s
   53  discharge from any branch of the United States Armed Forces. To
   54  qualify for the waiver, a veteran must provide to the department
   55  a copy of his or her DD Form 214, as issued by the United States
   56  Department of Defense, or another acceptable form of
   57  identification as specified by the Department of Veterans’
   58  Affairs; the spouse of a veteran must provide to the department
   59  a copy of the veteran’s DD Form 214, as issued by the United
   60  States Department of Defense, or another acceptable form of
   61  identification as specified by the Department of Veterans’
   62  Affairs, and a copy of a valid marriage license or certificate
   63  verifying that he or she was lawfully married to the veteran at
   64  the time of discharge; or a business entity must provide to the
   65  department proof that a veteran or the spouse of a veteran holds
   66  a majority ownership in the business, a copy of the veteran’s DD
   67  Form 214, as issued by the United States Department of Defense,
   68  or another acceptable form of identification as specified by the
   69  Department of Veterans’ Affairs, and, if applicable, a copy of a
   70  valid marriage license or certificate verifying that the spouse
   71  of the veteran was lawfully married to the veteran at the time
   72  of discharge.
   73         (3) Each independent agent shall annually file an
   74  application affidavit with the department before prior to
   75  engaging in business in this state. This application affidavit
   76  must include the independent agent’s full name, legal business
   77  or trade name, mailing address, business address, telephone
   78  number, and the name and address of each seller of travel
   79  represented by the independent agent. A letter evidencing proof
   80  of filing must be issued by the department and must be
   81  prominently displayed in the independent agent’s primary place
   82  of business. Each independent agent must also submit an annual
   83  registration fee of $50. All moneys collected pursuant to the
   84  imposition of the fee shall be deposited by the Chief Financial
   85  Officer into the General Inspection Trust Fund of the Department
   86  of Agriculture and Consumer Services for the sole purpose of
   87  administrating this part. As used in this subsection, the term
   88  “independent agent” means a person who represents a seller of
   89  travel by soliciting persons on its behalf; who has a written
   90  contract with a seller of travel which is operating in
   91  compliance with this part and any rules adopted thereunder; who
   92  does not receive a fee, commission, or other valuable
   93  consideration directly from the purchaser for the seller of
   94  travel; who does not at any time have any unissued ticket stock
   95  or travel documents in his or her possession; and who does not
   96  have the ability to issue tickets, vacation certificates, or any
   97  other travel document. The term “independent agent” does not
   98  include an affiliate of the seller of travel, as that term is
   99  used in s. 559.935(3), or the employees of the seller of travel
  100  or of such affiliates.
  101         (4) A Any person applying for or renewing a local business
  102  tax receipt to engage in business as a seller of travel must
  103  exhibit a current registration certificate from the department
  104  before the local business tax receipt may be issued or reissued.
  105         (5) Each contract, advertisement, certificate, or travel
  106  document of a seller of travel must include the phrase “...(NAME
  107  OF FIRM)... is registered with the State of Florida as a Seller
  108  of Travel. Registration No......”
  109         (6) Each advertisement of a seller of travel must include
  110  the phrase “Fla. Seller of Travel Reg. No......”
  111         (6)(7)A No registration is not shall be valid for any
  112  seller of travel transacting business at any place other than
  113  that designated in its application, unless the department is
  114  first notified in writing in advance of any change of location.
  115  A Nor shall the registration is not be valid for an affiliate of
  116  the seller of travel who engages in the prearranged travel and
  117  tourist business. A registration issued under this part may
  118  shall not be assignable, and the seller of travel may shall not
  119  be permitted to conduct business under more than one name except
  120  as registered. A seller of travel desiring to change its
  121  registered name or location or designated agent for service of
  122  process at a time other than upon renewal of registration shall
  123  notify the department of such change.
  124         (7)(8) Applications under this section are shall be subject
  125  to the provisions of s. 120.60.
  126         (8)(9) The department may deny, or refuse to renew, or
  127  revoke the registration of any seller of travel based upon a
  128  determination that the seller of travel, or any of its
  129  directors, officers, owners, or general partners while acting on
  130  behalf of the seller of travel:
  131         (a) Has failed to meet the requirements for registration as
  132  provided in this part;
  133         (b) Has been convicted of a crime involving fraud, theft,
  134  embezzlement, dishonest dealing, or any other act of moral
  135  turpitude or any other act arising out of conduct as a seller of
  136  travel;
  137         (c) Has not satisfied a civil fine or penalty arising out
  138  of any administrative or enforcement action brought by any
  139  governmental agency or private person based upon conduct
  140  involving fraud, theft, embezzlement, dishonest dealing, or any
  141  violation of this part; or
  142         (d) Has pending against her or him any criminal,
  143  administrative, or enforcement proceedings in any jurisdiction,
  144  based upon conduct involving fraud, dishonest dealing, or any
  145  other act of moral turpitude; or
  146         (d)(e) Has had a judgment entered against her or him in any
  147  action brought by the department or the Department of Legal
  148  Affairs pursuant to ss. 501.201-501.213 or this act part.
  149         (9)The department may deny or refuse to renew the
  150  registration of any seller of travel based upon a determination
  151  by the department that the seller of travel, or any of the
  152  seller’s directors, officers, owners, or general partners has
  153  pending against him or her while acting on behalf of the seller
  154  of travel any criminal, administrative, or enforcement
  155  proceedings in any jurisdiction, based upon conduct involving
  156  fraud, theft, embezzlement, or dishonest dealing, or any other
  157  act of moral turpitude.
  158         Section 30. Section 559.9281, Florida Statutes, is created
  159  to read:
  160         559.9281 Student tour operators.—
  161         (1)The Department of Education shall provide and maintain
  162  a list of approved educational student tour operators to serve
  163  students in primary and secondary schools in all school
  164  districts within the state.
  165         (2)The Department of Education shall adopt rules to
  166  establish the application process and minimum standards for
  167  those persons wishing to be approved as student tour operators
  168  under this section. At minimum, a student tour operator must be
  169  registered and approved by the Department of Agriculture and
  170  Consumer Services as a seller of travel under s. 559.928,
  171  maintain adequate insurance coverage as determined by the
  172  Department of Education, and be current on all state and local
  173  business taxes.
  174  
  175  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  176  And the directory clause is amended as follows:
  177         Delete lines 996 - 997
  178  and insert:
  179         Section 28.  Subsections (1), (7), (8), (10), and (11) and
  180  present subsection (13) of section 559,927, Florida Statutes,
  181  are amended, present subsections (12) and (13) of that section
  182  are redesignated as subsections (13) and (14), respectively, and
  183  a new section (12) is added to that section, to read:
  184  ================= T I T L E  A M E N D M E N T ================
  185  And the title is amended as follows:
  186         Delete lines 130 - 131
  187  and insert:
  188         travel under certain circumstances; creating s.
  189         559.9281, F.S.; requiring the Department of Education
  190         to provide and maintain a list of approved student
  191         tour operators; requiring the department to adopt
  192         rules; specifying minimum standards for such
  193         operators; amending s. 559.929, F.S.; revising certain
  194         security requirements;