| 1 | A bill to be entitled |
| 2 | An act relating to sellers of travel; amending s. 559.935, |
| 3 | F.S.; providing that exemptions to pt. XI of ch. 559, |
| 4 | F.S., the Florida Sellers of Travel Act, do not apply to |
| 5 | sellers of travel offering or selling prearranged travel, |
| 6 | tourist-related services, or tour-guide services to any |
| 7 | person traveling directly from Florida to a terrorist |
| 8 | nation; providing a definition; providing for retroactive |
| 9 | and prospective application of the act; providing an |
| 10 | effective date. |
| 11 |
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| 12 | WHEREAS, on April 14, 2009, the United States District |
| 13 | Court for the Southern District of Florida in ABC Charters, |
| 14 | Inc., et al., v. Charles H. Bronson, in his official capacity as |
| 15 | Commissioner of Agriculture (No. 08-21865-CIV.), reported at |
| 16 | 2009 WL 1010435 (S.D.Fla.), 21 Fla. L. Weekly Fed. E 653, |
| 17 | entered a declaratory judgment in favor of plaintiff, ABC |
| 18 | Charters, Inc., holding that the amendments to the "Florida |
| 19 | Sellers of Travel Act" made by Senate Bill 1310, Chapter 2008- |
| 20 | 214, Laws of Florida, are unconstitutional, and |
| 21 | WHEREAS, the Federal District Court found that the 2008 |
| 22 | Travel Act amendments are unconstitutional insofar as they are |
| 23 | preempted by federal law and violate the Federal Government's |
| 24 | foreign affairs power, the Foreign Commerce Clause, and the |
| 25 | Interstate Commerce Clause, and |
| 26 | WHEREAS, the court also permanently enjoined the Florida |
| 27 | Department of Agriculture and Consumer Services from enforcing |
| 28 | the 2008 Travel Act amendments, but also held that the Florida |
| 29 | Sellers of Travel Act otherwise remains unaffected by the |
| 30 | court's order, and |
| 31 | WHEREAS, the court confined its order to the injunction |
| 32 | against enforcement of the 2008 legislation which amended the |
| 33 | Florida Sellers of Travel Act and gave leave to the Florida |
| 34 | Legislature to act in accordance with the court's order in |
| 35 | respect to future proposed amendments to the Florida Sellers of |
| 36 | Travel Act, and |
| 37 | WHEREAS, the Legislature finds that the enforceability of |
| 38 | the Florida Sellers of Travel Act, as it existed prior to the |
| 39 | enactment of the 2008 Travel Act amendments, remains a |
| 40 | responsibility of the Department of Agriculture and Consumer |
| 41 | Services, and |
| 42 | WHEREAS, the Legislature finds that sellers of travel who |
| 43 | provide services to persons traveling directly from Florida to a |
| 44 | "terrorist nation" should, at a minimum, be required to register |
| 45 | with the Florida Department of Agriculture and Consumer Services |
| 46 | and be subject to the same fees and bonding requirements that |
| 47 | are applicable to other sellers of travel, as well as the same |
| 48 | requirements related to the submission of information, the |
| 49 | disclosure of information, and the maintenance of records, and |
| 50 | WHEREAS, the Legislature further finds it necessary to |
| 51 | amend the Florida Sellers of Travel Act to ensure that sellers |
| 52 | of travel who provide services to persons traveling directly |
| 53 | from Florida to a terrorist nation are not exempt from having to |
| 54 | meet such requirements under the Florida Sellers of Travel Act |
| 55 | as it existed prior to the passage of the 2008 Travel Act |
| 56 | amendments, and |
| 57 | WHEREAS, the Legislature recognizes that by precluding |
| 58 | sellers of travel who provide services to persons traveling |
| 59 | directly from Florida to a terrorist nation from claiming an |
| 60 | exemption, such sellers of travel will be effectively denied an |
| 61 | exemption that may be available to other sellers of travel, and |
| 62 | that might otherwise be available to them but for the fact that |
| 63 | they provide travel services to persons traveling directly from |
| 64 | Florida to a terrorist nation, and |
| 65 | WHEREAS, notwithstanding the aforementioned recognition, |
| 66 | the Legislature further finds that, in order to protect |
| 67 | consumers and to provide a modicum of safety to its citizens, it |
| 68 | is necessary and altogether prudent and rational to distinguish |
| 69 | sellers of travel who provide services to persons traveling |
| 70 | directly from Florida to a terrorist nation from other sellers |
| 71 | of travel in regard to the availability of exemptions from |
| 72 | registration, and that to do so creates a small burden upon them |
| 73 | and does not infringe upon or conflict in any way with federal |
| 74 | policy or regulation of such sellers of travel, NOW, THEREFORE, |
| 75 |
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| 76 | Be It Enacted by the Legislature of the State of Florida: |
| 77 |
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| 78 | Section 1. Subsection (7) is added to section 559.935, |
| 79 | Florida Statutes, to read: |
| 80 | 559.935 Exemptions.- |
| 81 | (7) The exemptions provided in this section do not apply |
| 82 | to a seller of travel offering or selling prearranged travel, |
| 83 | tourist-related services, or tour-guide services to any person |
| 84 | traveling directly from Florida to a terrorist nation. |
| 85 | "Terrorist nation" means any state, country, or nation |
| 86 | designated by the United States Department of State as a state |
| 87 | sponsor of terrorism. |
| 88 | Section 2. This act shall take effect July 1, 2010, and |
| 89 | shall apply to part XI of chapter 559, Florida Statutes, the |
| 90 | Florida Sellers of Travel Act, as it existed prior to July 1, |
| 91 | 2008, except that this act shall also apply to any sections of |
| 92 | part XI of chapter 559, Florida Statutes, amended or created on |
| 93 | or after July 1, 2008, other than sections of part XI of chapter |
| 94 | 559, Florida Statutes, amended or created by chapter 2008-214, |
| 95 | Laws of Florida. |