HB 1277

1
A bill to be entitled
2An act relating to sellers of travel; amending s. 559.927,
3F.S.; clarifying the definition of "prearranged travel,
4tourist-related services, or tour-guide services";
5amending s. 559.9285, F.S.; clarifying language that
6categorizes the scope of activities of sellers of travel
7who are certifying parties; amending s. 559.9335, F.S.;
8clarifying language that provides that it is a violation
9of the Florida Sellers of Travel Act to offer to sell to
10individuals or groups, at wholesale or retail, prearranged
11travel which originates in Florida and the direct
12destination of which is any terrorist state, or
13prearranged tourist-related services or tour-guide
14services which originate in Florida and that are related
15to direct travel to any terrorist state or that are for
16consumption in any terrorist state following travel
17directly thereto by the purchaser or purchasers of such
18services, without disclosing such business activities in
19the required filing of a certification; amending s.
20559.937, F.S.; clarifying language which provides a
21criminal penalty for violation of the Florida Sellers of
22Travel Act by any person or business which violation
23directly or indirectly pertains to an offer to sell to
24individuals or groups, at wholesale or retail, prearranged
25travel which originates in Florida and the direct
26destination of which is any terrorist state, or
27prearranged tourist-related services or tour-guide
28services which originate in Florida and that are related
29to direct travel to any terrorist state or that are for
30consumption in any terrorist state following travel
31directly thereto by the purchaser or purchasers of such
32services; reenacting ss. 559.9355(1)(c) and 559.936(3),
33F.S., which impose administrative fines and civil
34penalties for violations of the Florida Sellers of Travel
35Act, for the purpose of incorporating the amendments to s.
36559.9335, F.S., in references thereto; providing an
37effective date.
38
39Be It Enacted by the Legislature of the State of Florida:
40
41     Section 1.  Subsection (7) of section 559.927, Florida
42Statutes, is amended to read:
43     559.927  Definitions.-For the purposes of this part, the
44term:
45     (7)(a)  "Prearranged travel, tourist-related services, or
46tour-guide services" includes, but is not limited to, car
47rentals, lodging, transfers, and sightseeing tours and all other
48such services which are reasonably related to air, sea, rail,
49motor coach, or other medium of transportation, or
50accommodations for which a purchaser receives a premium or
51contracts or pays prior to or after departure.
52     (b)  "Prearranged travel, tourist-related services, or
53tour-guide services" These terms also includes include:
54     1.  Services for which a purchaser, whose legal residence
55is outside the United States, contracts or pays, prior to
56departure, for travel which originates in Florida and the direct
57destination of which is a terrorist state; and
58     2.  Any arrangement by which a purchaser prepays for,
59receives a reservation or any other commitment to provide
60services prior to departure for, or otherwise arranges for
61travel directly to a terrorist state and which originates in
62Florida and the direct destination of which is a terrorist
63state.
64     Section 2.  Subsection (1) and paragraph (d) of subsection
65(3) of section 559.9285, Florida Statutes, are amended to read:
66     559.9285  Certification of business activities.-
67     (1)  Each certifying party, as defined in s. 559.927(2):
68     (a)  Which does not offer for sale, at wholesale or
69retail:,
70     1.  Prearranged travel, tourist-related services, or tour-
71guide services for individuals or groups directly to any
72terrorist state and which originates originate in Florida and
73the direct destination of which is any terrorist state; or
74     2.  Prearranged tourist-related services or tour-guide
75services which originate in Florida and that are related to
76direct travel to any terrorist state or that are for consumption
77in any terrorist state following travel directly thereto by the
78purchaser or purchasers of such services; or
79     (b)  Which only offers for sale to individuals or groups,
80at wholesale or retail:, only
81     1.  Prearranged travel, tourist-related services, or tour-
82guide services for individuals or groups directly to any
83terrorist state and which originates originate in Florida and
84the direct destination of which is any terrorist state; or
85     2.  Prearranged tourist-related services or tour-guide
86services which originate in Florida and that are related to
87direct travel to any terrorist state or that are for consumption
88in any terrorist state following travel directly thereto by the
89purchaser or purchasers of such services,
90
91but engages in no other business dealings or commerce with any
92terrorist state; or
93     (c)  Which offers for sale to individuals or groups, at
94wholesale or retail:,
95     1.  Prearranged travel, tourist-related services, or tour-
96guide services for individuals or groups directly to any
97terrorist state and which originates originate in Florida and
98the direct destination of which is any terrorist state; or
99     2.  Prearranged tourist-related services or tour-guide
100services which originate in Florida and that are related to
101direct travel to any terrorist state or that are for consumption
102in any terrorist state following travel directly thereto by the
103purchaser or purchasers of such services,
104
105and also engages in any other business dealings or commerce with
106any terrorist state,
107
108shall annually certify its business activities by filing a
109disclosure statement with the department which accurately
110represents the scope of the seller's business activities
111according to the criteria provided in paragraph (a), paragraph
112(b), or paragraph (c).
113     (3)  The department shall specify by rule the form of each
114certification under this section which shall include the
115following information:
116     (d)  The type of all:
117     1.  Prearranged travel which originates in Florida and the
118direct destination of which is any terrorist state; or ,
119     2.  Prearranged tourist-related services, or tour-guide
120services which originate in Florida and that are related to
121direct travel to any terrorist state or that are for consumption
122in any terrorist state following travel directly thereto by the
123purchaser or purchasers of such services
124
125that the certifying party offers for sale to individuals or
126groups traveling directly to any terrorist state and that
127originate in Florida, and the frequency with which such travel
128and services are offered.
129     Section 3.  Subsection (22) of section 559.9335, Florida
130Statutes, is amended to read:
131     559.9335  Violations.-It is a violation of this part for
132any person:
133     (22)  To offer to sell to individuals or groups, at
134wholesale or retail:,
135     (a)  Prearranged travel which originates in Florida and the
136direct destination of which is any terrorist state; or,
137     (b)  Prearranged tourist-related services, or tour-guide
138services which originate in Florida and that are related to
139direct travel for individuals or groups directly to any
140terrorist state or that are for consumption in any terrorist
141state following travel directly thereto by the purchaser or
142purchasers of such services and which originate in Florida,
143
144without disclosing such business activities in a certification
145filed under s. 559.9285(1)(b) or (c).
146     Section 4.  Subsection (2) of section 559.937, Florida
147Statutes, is amended to read:
148     559.937  Criminal penalties.-Any person or business that
149violates this part:
150     (2)  Which violation directly or indirectly pertains to an
151offer to sell to individuals or groups, at wholesale or retail:,
152     (a)  Prearranged travel which originates in Florida and the
153direct destination of which is any terrorist state; or ,
154     (b)  Prearranged tourist-related services, or tour-guide
155services for individuals or groups directly to any terrorist
156state and which originate in Florida and that are related to
157direct travel to any terrorist state or that are for consumption
158in any terrorist state following travel directly thereto by the
159purchaser or purchasers of such services,
160
161commits a felony of the third degree, punishable as provided in
162s. 775.082 or s. 775.083.
163     Section 5.  For the purpose of incorporating the amendment
164made by this act to section 559.9335, Florida Statutes, in
165references thereto, the following sections or subdivisions of
166Florida Statutes are reenacted to read:
167     559.9355  Administrative remedies; penalties.-
168     (1)  The department may enter an order doing one or more of
169the following if the department finds that a person has violated
170or is operating in violation of any of the provisions of this
171part or the rules or orders issued thereunder:
172     (c)  Imposing an administrative fine not to exceed $10,000
173for each act or omission in violation of s. 559.9335(22) or
174(23).
175     559.936  Civil penalties; remedies.-
176     (3)  The department may seek a civil penalty of up to
177$10,000 for each act or omission in violation of s. 559.9335(22)
178or (23).
179     Section 6.  This act shall take effect July 1, 2010.


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