Tampabay.com
JULY 01, 2008

Court halts David Rivera's Cuba travel law

From the AP: A federal judge today temporarily blocked a new Florida law that would have imposed a stiff bond and other restrictions on travel agencies and charter companies booking trips to Cuba.

Lawyers for the companies argued the measure seeks to pre-empt federal law and could put the agencies out of business. The law, which was set to take effect Tuesday, would force agencies to put up a $250,000 state bond if they book tours to Cuba. Other travel agencies would only pay $25,000.

"This law does nothing to help the consumer or the state," the companies' attorney Steven Weinger said. "These are business people whose livelihoods are threatened because of the onerous bond conditions."

Weinger said the law also harms the companies because they would have
to disclose whom they do business with and their trade secrets. The
Florida law also carries criminal penalties and fines of up to $10,000
for violations of federal law but does not specify the violations.

Republican State Representative David Rivera, who has championed the
U.S. government's hard line against Cuba, sponsored the measure. He
said he hopes it will cut down on travel fraud, provide greater
homeland security and deny resources to the Cuban government.

During Tuesday's hearing, Weinger told the judge that 60 people were
waiting at Jose Marti International Airport in Havana, afraid to fly
home because they were unsure whether they would be prosecuted under
the new state law.

Erik Miller, an attorney for the Florida Department of Agriculture and
Consumer Services, said the law would not be applied to the passengers,
and that they had nothing to worry about.

Miller noted the law was passed by a majority of the legislature called it a legitimate use of state authority.

"It does not invade the province of federal statutes. There's not
interference with foreign affairs. It only regulates in-state
transactions," he said. "There is no intent to put anyone out of
business."

The next hearing in the case was scheduled for July 11.

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