Title: Tour-guide Services

Summary: Provides that regulation of tour-guide services in this state is solely responsibility of respective counties; deletes references to tour-guide services in provisions relating to certification of businesses, violations, & criminal penalties.

Full Text:
An act relating to tour-guide services; providing that the regulation of tour-guide services in this state is solely the responsibility of the respective counties; amending s. 559.927, F.S.; revising definitions, to conform; amending s. 559.9285, F.S.; deleting references to tour-guide services in provisions relating to the certification of businesses; amending s. 559.9335, F.S.; deleting references to tour-guide services in provisions relating to violations; amending s. 559.937, F.S.; deleting references to tour-guide services in provisions relating to criminal penalties; providing an effective date. 14 Be It Enacted by the Legislature of the State of Florida: 16 Section 1. The regulation of tour-guide services in this state is solely the responsibility of the respective counties. Section 2. Subsections (7), (8), (10), (11), and (13) of section 559.927, Florida Statutes, are amended to read: 559.927 Definitions.-For the purposes of this part, the term: (7) "Prearranged travel or,tourist-related services,or tour-guide services " includes, but is not limited to, car rentals, lodging, transfers, and sightseeing tours and all other such services that which are reasonably related to air, sea, rail, motor coach, or other medium of transportation, or accommodations for which a purchaser receives a premium or contracts or pays prior to or after departure. These terms also include services for which a purchaser, whose legal residence is outside the United States, contracts or pays prior to departure, and any arrangement by which a purchaser prepays for, receives a reservation or any other commitment to provide services prior to departure for, or otherwise arranges for travel directly to a terrorist state and which originates in Florida. (8) "Purchaser" means the purchaser of, or person otherwise entitled to receive, prearranged travel or,tourist-related services, or tour-guide services, for a fee or commission, or who has acquired a vacation certificate for personal use. (10) "Satisfactory consumer complaint history" means no unresolved complaints regarding prearranged travel or,tourist-related services,or tour-guide services are on file with the department. A complaint is unresolved when a seller of travel does not respond to the department's efforts to mediate the complaint or a complaint where the department has determined that a violation of this part has occurred and the complaint has not been satisfied by the seller of travel. (11) "Seller of travel" means any resident or nonresident person, firm, corporation, or business entity who offers for sale, directly or indirectly, at wholesale or retail, prearranged travel or,tourist-related services,or tour-guide services for individuals or groups, including, but not limited to, vacation or tour packages, or vacation certificates in exchange for a fee, commission, or other valuable consideration. The term includes any business entity offering membership in a travel club or travel services for an advance fee or payment, even if no travel contracts or certificates or vacation or tour packages are sold by the business entity. (13) "Vacation certificate" means any arrangement, plan, program, or vacation package that promotes, discusses, or discloses a destination or itinerary or type of travel, whereby a purchaser for consideration paid in advance is entitled to the use of travel, accommodations, or facilities for any number of days, whether certain or uncertain, during the period in which the certificate can be exercised, and no specific date or dates for its use are designated. A vacation certificate does not include prearranged travel or,tourist-related services,or tour-guide services when a seller of travel remits full payment for the cost of such services to the provider or supplier within 10 business days of the purchaser's initial payment to the seller of travel. Section 3. Subsection (1) and paragraph (d) of subsection (3) of section 559.9285, Florida Statutes, are amended to read: 559.9285 Certification of business activities.-(1) Each certifying party, as defined in s. 559.927(2): (a) Which does not offer for sale, at wholesale or retail, prearranged travel or,tourist-related services,or tour-guide services for individuals or groups directly to any terrorist state and which originate in Florida; (b) Which offers for sale, at wholesale or retail, only prearranged travel or,tourist-related services,or tour-guide services for individuals or groups directly to any terrorist state and which originate in Florida, but engages in no other business dealings or commerce with any terrorist state; or (c) Which offers for sale, at wholesale or retail, prearranged travel or,tourist-related services,or tour-guide services for individuals or groups directly to any terrorist state and which originate in Florida, and also engages in any other business dealings or commerce with any terrorist state, 91 shall annually certify its business activities by filing a disclosure statement with the department which accurately represents the scope of the seller's business activities according to the criteria provided in paragraph (a), paragraph (b), or paragraph (c). (3) The department shall specify by rule the form of each certification under this section which shall include the following information: (d) The type of all prearranged travel or,tourist-related services,or tour-guide services that the certifying party offers for sale to individuals or groups traveling directly to any terrorist state and that originate in Florida, and the frequency with which such services are offered. Section 4. Subsection (22) of section 559.9335, Florida Statutes, is amended to read: 559.9335 Violations.-It is a violation of this part for any person: (22) To offer to sell, at wholesale or retail, prearranged travel or,tourist-related services,or tour-guide services for individuals or groups directly to any terrorist state and which originate in Florida, without disclosing such business activities in a certification filed under s. 559.9285(1)(b) or (c). Section 5. Section 559.937, Florida Statutes, is amended to read: 559.937 Criminal penalties.-Any person or business that violates this part: (1) Commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) Which violation directly or indirectly pertains to an offer to sell, at wholesale or retail, prearranged travel or,tourist-related services,or tour-guide services for individuals or groups directly to any terrorist state and which originate in Florida, commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. Section 6. This act shall take effect July 1, 2011.